to different places within the same Country It is answered that times and mens manners must produce a Change where ever a removal of those in being is necessary as appears by the Article And where things of this nature that at first were of godly intent and purpose devised but at length turned into vanity and superstition by the Preface touching Ceremonies before cited they are adjudged worthy to be cut away and clean rejected and so many of them have already been as was the Brasen Altar by Hezekiah And it further telleth us that as those be taken away which were most abused and burdened mens consciences without any cause so the other that remain may upon just causes be altered and changed So that here is nothing desired in the taking away the imposition yea all use of them but according to Law 4. The Book of Common-Prayer of 2 Edw. 6. is in some things referred to and particularly as to Ornaments and Rites both by the Rubrick before Morning-Prayer in the present Liturgy and by the Stat. of 1 Eliz. 2. So that as to this point so much of that first Book is still in force by Law But that Book hath expresly given a liberty in some of the things here desired to be no further imposed where in the last Page thereof called Certain Notes for the more plain Explication and decent Ministration of things contained therein it saith As touching kneeling crossing holding up of hands knocking upon the breast and other gestures they may be used or left as every mans devotion serveth without blame This is still good Law So that whatever is enjoyned in the Canons for the imposing this is void in Law by the Stat. of 25. H. 8.19 although made by the Kings Licence and Assent because contrary to that Law of 1 Eliz. 2. in this particular Now if the Law it self give a Liberty in some we trust that upon the foregoing Reasons our Law-givers will take off the imposition of the rest if not wholly remove them 5. The Bishops themselves take Liberty to omit one Ornament imposed on them to be used namely the Pastoral Staff which in the same place of the Book of 2. Edw. 6. he is enjoyned to have in his hand or to have it born by his Chaplain and this is not left Arbitrary as the Rites last before named are yet the Bishops herein can dispense for themselves is there not reason then to dispense with Ministers in the rest Having thus pleaded the necessity of Reformation in Rites and Ceremonies but especially of providing against the Imposition of any of them in general we shall not enter into any debate of the particulars for of that there is no need in this place But because we are subject to be upbraided that many of us have both subscribed to use all those contained in the Liturgy and some of us have accordingly used them and that therefore we are Revolters from our Subscription and thereby lyable to the penalty of Excommunication by the sixth Canon It behoves us to make this Apology for our selves 1. That albeit some of us have unadvisedly subscribed to use them and perhaps have used them sometimes yet finding that many sober Christians are scandalized at them we hold our selves bound to imitate the Apostle and what he did in the Case of meat which he held to be lawful we must do in the Case of Ceremonies to use them no more while the world standeth rather then make our brother to offend 2. As to the danger incurred thereby we must not so much stand upon that as to chuse iniquity rather then affliction 3. And as touching the validity and force of the Canon we fear it not it being void in Law of which we shall speak more under the head of Discipline IIII. Of CHURCH-GOVERNMENT BY Church-Government is meant the Ecclesiastcal Government of the Church of England said and commonly reputed to be established by the Laws of the Realm For however some have of late pretended to a Jus Divinum or Divine Institution of Episcopacy of late years used in England yet the Laws of the Kingdom would never own any such thing nor suffer them to exercise any power but what the Municipal Laws Authorize them unto Yea the Statute of Provisors 25th of Edw. 3. An. 1350. Declareth plainly that Prelacy it self was erected in England by the Kings of England and not by any other Authority For that Statute begins thus Whereas late in the Parliament of good memory of Edward King of England Grandfather to our Lord the King that now is the five and twentieth year of his Reign holden at Carlile the Petition heard put before the said Grandfather and his Counsel in his said Parliament by the Comminalty of the said Realm containing That whereas the Holy Church of England was FOUNDED IN THE ESTATE OF PRELACIE within the Realm of England by the said Grandfather and his Progenitors and the Earls and other Nobles of his said Realm and their Ancestors to inform them and the people of the Law of God c. Therefore we cannot look upon such Bishops in any other Capacity in England And according hereunto take notice under this Head of Church-government 1. Of their Constitution by Consecration 2. Of their Jurisdiction by Delegation of his Majesty according to his Laws 3. Of their Execution of Discipline accordingly By their Consecration they have a power of Ordination By their Jurisdiction they have a power to Govern And by their Execution of that Office they have a power of Discipline But all these according to the Laws of the Land and none other or otherwise We shall therefore speak somewhat to each of these and humbly offer Reasons of the necessity of reforming Episcopacy and Church-government in every one of these I. Of the Consecration of Bishops and their power of Ordination thereupon 1. BY the Laws of the Land after the death of any Bishop Dr. Heylin Advertisâ—oâ— Hist of K. Charles p. 193. his Majesty useth to send out his Writ of Conge d' Eslier to the Dean and Chapter to Elect another Which Election being made signified under the Chapter-Seal and confirmed by the Royal Assent the King sendeth out his Mandate to the Archbishop of the Province to proceed to Consecration of the person so elected or Confirmation if consecrated before and now but Translated from one See to another as the case may vary So is it acknowledged by one that takes on him to know more than many others of this particular But whereas he addeth that thereupon it must needs be that when the Church comes to such a condition that is to be without Archbishops and Deans and Chapters of both which the same Author saith the late King was content in the Confer at the Isle of Wight to grant an abolition that this was acknowledged on all sides that where there is no Dean and Chapter to Elect and no Archbishop to Consecrate and Confirm the Person
inrollment of that Charter until 2 Ric. 2. will not admit of so great Antiquity thereof And the same Sir Edw. Cook there alledgeth the Red Book of Hen. 1. De general Placitis Comitatuum Cap. 8. extant in the Office of the Kings Rememb in the Exchequer wherein in the Sheriffs Tourne Court is said Ibi agantur primo debita verè Christianitatis jura Secundo Regis placita postremo causae singulorum dignis satisfactionibus expleantur There let be handled first all due Laws of Christianity or Court-Christian Secondly Pleas of the King Lastly Causes of particular persons c. Whereupon they that is others conclude that Ecclesiastical causes were handled in the Tourn in H. 1. long after the said supposed Charter Then he addeth And certain it is the Bishops Consistories were erected and causes Ecclesiastical removed from the Tourn to the Consistory after the making of the said Red Book But let the Antiquity thereof be what it will it is most certain that however the Popes and their Agents did often intrude and usurp Authority within this Realm yet the King and Parliament ever held the Bishops and Clergy of England within the verge of the Laws of the Land never permitting them either by colour of Magna Charta or otherwise to exercise any Authority but with submission to the Municipal Laws So that whoever shall endeavour to put them into any further power in case they have a mind to restore them to former Jurisdictions doth put to his hand to make them so many Popes which this Realm even in times of Popish Religion here would never endure And whereas some are pleased to affirm that by the Statute of 25. Hen. 8. cap. 19. there was a stricter restraint laid upon the Bishops and Clergy than in the times before when they sate in Convocation viz. No Canons should be made and put in exercise that were contrariant or repugnant to the Laws of the Land it is manifest that the same limitation was long before set upon them For Sir Edw. Cook ibid cap. 74. pag. 323. saith That the King did often appoint Commissioners by Writ to sit with them at the Convecation and to have cognizance of such things as they meant to establish that nothing should be done in prejudice c. and for this he citeth 51. Ed. 3. nu 42.46 Edw. 3. prem 8.21 Ed. 4.45 Rot. Parl. 1 Ric. 2. nu 114. from which he concludeth that the Statute of 25. H. 8.19 is but Declaratory of the old Common Law And so strict were the Kings anciently over Bishops and Archbishops too that when the Clergy petitioned in Parliament 51. Edw. 3. 4 Instit ca. 74. of Archdeacons p. 339. num 83. that of every Consultation conditional the Ordinary may of himself take upon him the true understanding thereof and therein proceed accordingly that is without appeal to the King whereupon Delegates by Commission under the Great Seal might hear and determine the same The Kings answer was that the King cannot depart with his right but to yeeld to his Subjects according to Law To which Sir Edw. Cook subjoyns an Item to all his Readers Nota hoc stude bene Nay this is not all For so far did the Kings of England engage in the over-ruling of Bishops that they did not onely limit their Jurisdiction but allowed them not liberty to make a Will without licence from the King till they made composition with him as the same Author telleth us saying Ibid. p. 338 It appears by many Records in the reigns of H. 3. Edw. 1. as taking some one or two examples for many that by the Law and custome of England no Bishop could make his Will of his Goods or Chattels coming of his Bishoprick c. without the Kings licence The Bishops that they might freely make their Wills yeelded to give to the King after their deceases respectively for ever six things 1. Their best Horse or Palfrrce with Bridle and Saddle 2. A Cloke with a Cape 3. One Cup with a Cover 4. One Bason and Ewre 5. One Ring of Gold 6. His Kennel of Hounds For these a Writ issueth out of the Exchequer after the decease of every Bishop Whether this be still in use we meddle not but mention it onely to shew what a strict eye our Kings have ever had upon Bishops so as the Law allows them not power so much as of their own personal Estates much less of Ecclesiastical Jurisdiction without the King What power they had in the High Commission Court is needless to mention the Court being happily laid aside by the Statute of 17 Car. 1. cap. 11. But whereas they insisted upon sole Jurisdiction and now begin to exercise it or at least to renew their claim thereunto it is very well known that by the Statute of 1. Edw. 6.2 they could hold no Courts but in the Kings name nor that without Commission under the Great Seal which power was indeed revived and re-established by the Act of 1. Eliz. after it had been repealed 1. Mar. 2. Howbeit all that power is again repealed and made void for ever by the same Act of 17. Car. 1. and now no Commissions to be granted them any more To make this out we shall rehearse the words of both those Acts of Parliament which run thus 1. The Act of 1. Eliz. cap. 1. having first united and annexed all Spiritual and Ecclesiastical Jurisdiction to the Imperial Crown of this Kingdom it after addeth what power shall be given by Commission under the Great Seal to exercise the same in this following Clause onely viz. And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters patents under the Great Seal of England to assigne name and authorize when and as often as your Highness your Heirs or Successors shall think meet and convenient and for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise and use occupy and execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries And to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Vertue and the Conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by your Highness your Heirs or Successours after
here which the same Doctor confesseth they did although the want of the Kings Assent made it not valid in Law For the Proviso doth not say the old Canons shall be used till the King Assent but onely till such time as they be viewed searched or otherwise ordered and determined by them or the more part of them Nor doth that Act in any Clause mention any other Canons or Constitutions but such as are Provincial or called by other names always presumed and mentioned to be made in Convocations in England not in the Popes Conclave And to the end it may yet further appear that he who so confidently taketh upon him to improve his knowledge to whom he wrote that Epistle hath mis-informed him and wrested the Laws also take notice that the Canon-Laws of England are onely such as are or have been made in England These are of two sorts legatine or Provincial The Legatine were 77 Canons and Constitutions whereof 26 were made by Otho the Popes Legate President of a Synod here in England the other 51. in another Synod after holden under Othobone Legate of the Pope in 32. Hen. 3. An. 1248. The Provincial Constitutions were such as in several places of England were made under the Archbishops of Canterbury in all 212. whereof the first 48. were made under Stephen Langhton in the reign of King John and the last three were made under Henry Chichley in the reign of Hen. 5. These Provincial Constitutions about the year 1422. were digested into a Body by William Lindwood who also wrote a Commentary upon them the other by Johannes de Aton Canon of Lincoln who likewise Commented upon them all which are yet extant Now we must understand the Act of 25. H. 8.19 speaks onely of Canons Constitutions Ordinances Provincial or other or by whatsoever name they be called in their CONVOCATION These and no other were to be reviewed and out of these such as by the thirty two persons chosen by Hen. 8. or Edw. 6. should be viewed ordered and determined to stand were onely to be in force as is evident to every impartial eye that shall consult the Statute And these having been in 4. Edw. 6. viewed and thereupon by Gualter Haddon under Archbishop Cranmer and four Classes into which the said thirty two persons were divided that Book called Reformatio Legum Ecclesiasticarum saith the Preface thereunto were compiled And these being so composed and published that all might object what they could if they had ought against them before Confirmation the King died before his Royal Assent was given and so they never were confirmed But yet the very viewing ordering and determining of those old Constitutions be they what they could were by the closing Proviso forementioned in 25. H. 8. all void and of none effect And albeit divers Canons or Constitutions were made in Q. Elizabeths reign beside those Injunctions and Articles for Visitations in her first year yet none of them being for ought we know confirmed by the Royal Assent under the Great Seal are now by any reputed Obligatory It be then onely the Constitutions and Canons Ecclesiastical treated upon by the Bishop of London President of the Convocation for the Province of Canterbury and the rest of the Bishops and Clergy of the said Province and agreed upon with the Kings Majesties licence in that Synod begun at London An. Dom. 1603. in the first year of King James his reign over England and after published by his said Majesties Authority under the Great Seal of England which can now be so much as pretended to be of any force And here we shall not dispute their validity after that Kings death ' they being not after re-established by King Charles the first but we shall onely speak to the Legality of them as they were once ratified and as they are any of them contrariant and repugnant to the Laws or Customes of the Land As for Customes which the Statute of 25. H. 8.19 referreth to as well as to the Laws we shall say little because this is more proper for Lawyers upon Prohibitions granted out of his Majesties Civil Courts to confider and debate We therefore consider of the Canons or such of them onely as are repugnant to any of the Laws in force This is a large Field Those Canons being no less than 141. in number which are more then heretofore were ever made in any three Synods by whomsoever held in England We shall therefore keep onely to such as we find most contrariant to those Laws which we are in duty bound chiefly to take notice of As for instance Of those twelve Canons under the first Head or Title viz. Of the Church of England there be eleven of them the breach of any of which is to be punished with Excommunication ipso facto not to be revoked till such as breake them after repent and publickly revoke their wicked errours The persons to be excommunicated are I. Impugners of the Kings Supremacy Can. 2. II. All that affirm the Church of England is not a true and Apostolical Church teaching and maintaining the Doctrine of the Apostles Can. 3. where it is not defined what the Church of England is III. Impugners of the publick Worship of God established Can. 4. which few know to be established IV. Impugners of the Articles of Religion agreed upon 1562. Can. 5. the establishment whereof is doubtful V. Impugners of the Rites and Ceremonies established Can. 6. of which there is no certainty VI. Impugners of the Government of the Church of England by Archbishops Bishops c. Can. 7. there being none such VII Impugners of the form of consecrating and ordering Archbishops Bishops c. or that any thing in it is repugnant to the Word of God Can. 8. there being in the form no such Words as ordering of Archbishops and Bishops and it having been made out that there be contradictions in it one of which is repugnant to the Word VIII Authors of Schism Can. 9. IX Maintainers of such as the Canons call Schismaticks that is who affirm such Ministers as refuse to subscribe to the Book of Common-prayer c. Can. 10. which is hard to prove X. Maintainers of Conventicles Can. 11. that is of such as maintain that there are in England other Meetings Assemblies or Congregations of the Kings born Subjects then such as by the Laws are allowed which may rightly claim the name of true and lawful Churches XI Maintainers of Constitutions made in Conventicles without the Kings Authority and submit to them Can. 12. So all the Rules confirmed by Parliament for Church-Government make the Parliament lyable to Excommunication and the Assemby too and all the Presbyterians in England Besides these there is Can. 59. for excommunicating Ministers refusing to Catechise every Sunday after a third offence herein complained of So Can. 68. decreeth Ministers refusing to Christen or Bury to be excommunicated Majori Excommunicatione And Canon 72. ordaineth that if a Minister without
REASONS SHEWING the Necessity of Reformation of the Publick 1. Doctrine 2. Worship 3. Rites and Ceremonies 4. Church-Government and Discipline Reputed to be but indeed not Established by LAW Humbly offered to the Serious Consideration of this present PARLIAMENT By divers Ministers of sundry Counties in ENGLAND 2 COR. 13.8 For we can do nothing against the truth but for the truth LONDON Printed by JA COTTREL MDCLX TO THE RIGHT HONORABLE THE Lords and Commons ASSEMBLED in PARLIAMENT IT is far from our thoughts to oppose or disparage Orthodox Doctrine a well-composed Liturgy Rites for decency and order Ordination of Ministers Apostolical Episcopacie or due Rules of Discipline We are for all these with Truth and against rigid Impositions which may debar a Christian of any liberty allowed him by Christ. Nor do we offer any Polemical Discourse or Theological Debates proper for a Divinity-School or Synod but onely what we humbly conceive more suitable to a Parliament Our work chiefly is out of those Laws which we as Ministers are bound to take special notice of and out of those Books said to be by those Laws settled to make out these two things First that so far as we can apprehend neither the Articles of Religion the Books of Com. Prayer or Ordination the Jurisdiction of Bishops claimed before 17 Car. 1. nor so much as their Being as Bishops sithence nor those Canons so much contended for are indeed established by Law Secondly that none of these as they now stand ought to be confirmed and setled But all with submission And this we trust shall not be censured as Eccentrick For albeit we acknowledge the learned in the Law to be far more able in matter of Law touching these things yet seeing every Subject is to inform himself of all such Laws as more especially concern his own calling we hope it will not be judged an extravagancie or presumption in us to produce those Laws which more nearly concern all of our Function Of this we apprehend some necessity 1. Because it is already too obvious that too many notwithstanding all pretences of Moderation do already fly higher than ever some in asserting Arminianisme to be the Doctrine of the Church of England thinking thereby to force all to imbrace it some in stickling for the Liturgy commonly used some still holding up sole Ordination by and sole Jurisdiction of Bishops and all Canons not onely made in England but in Rome it self if not repugnant to our Laws labouring to possess the people that all these are settled by Law and therefore to be continued and imposed without alteration and that all who seek a Reformation of them do oppose and violate the established Laws 2. Because if men go on in such ways and prevail therein it is to be feared that in short time every Minister of different judgement how able godly and useful soever will be put not onely out of his present place but out of the Ministry also as it hath already too often happened And indeed it can hardly be found in any age since the Conquest that where Kings have not curbed the violence of Bishops they have ever sharply persecuted all that threw off Popery which Persecutions usually produced Confusions in the Common-wealth For prevention whereof we humbly beseech all Noble Spirits and faithful prudent Patriots to look back upon the Mutinies Insurrections Rebellions in Edw. 6. his time occasioned by fomenting and not moderating the furious Zeal even of those that were most countenanced by that pious King which notwithstanding the Act of 1. Edw. 6.1 made many to flee so high as exasperated the other side so far as that it put several parts of the Kingdom into Combustion Nor will those rivers of blood shed in Q. Maries days by recalling the Bishops and others formerly deprived and giving way to their wonted tyranny in the height thereof be forgotten while ought of Protestant Religion remaineth Nor will it be unseasonable to reflect upon the throwing out of many worthy Ministers in Q. Elizabeths reign and of many moe under K. James For that Noble King immediately after his coming to the Crown was so plyed by Bishops that notwithstanding the Conference at Hampton Court the Prelatical Party prevailed so far that the Liturgy then much complained of remained in greatest part and in the most material points unreformed to which they all were compelled to subscribe which had never been required before and many Illegal Canons were made and inforced so far that within the space of two years as was credibly reported 70 Ministers were deprived 113 not suffered to preach and about 94 more were under Canonical Admonition the next door to Deprivation The carrying on of all which together with the countenancing of Arminianism formerly declared against by that Learned King James witness his promoting of the Synod of Dort did so much and so generally offend and exasperate that after many thousands were compelled to leave their native Countries to dwell in Mesech and to take up their habitations in the tents of Kedar others were drawn on to engage so deeply in the publick differences which as to matters of Religion were occasioned by the continuing of the former corruptions and by those Canons of 1639. as produced all those horrid and bloody effects which we abhor to mention and tremble to remember May it therefore please your Wisdoms Piety and Goodness to procure a review of all these things after the example of the Parliament in 3.4 Edw. 6. and to call some of the most moderate and able persons of every different party to assist therein and thereupon to settle all the things of God in a solid and moderate way that all Ordinances of Christ may be restored to their pristine Purity all Christians reduced to the unity of the Spirit in the bond of peace and in the mean time nothing to be imposed which may grieve or offend those who shall be careful not to disturb the Publick Peace In order to which ends we humbly recommend to your Noble and Pious thoughts that of the Apostle Let your moderation be known to all men the LORD is at hand For this and for your Honours Your humble Servants shall ever pray REASONS SHEWING The Necessity of Reformation c. I. Of DOCTRINE THe Publick Doctrine of the Church of England as it is commonly received and insisted upon is said to be contained in the 39 Articles agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London in the year 1562. Those Articles are taken to be ratified and confirmed by Act of Parliament in 13 Eliz. cap. 12. Which Act provideth That no person shall be admitted to any Benefice with Cure except he shall first have subscribed the said Articles in presence of the Ordinary and publickly read the same in the Parish Church of that Benefice whereof he shall have Cure with declaration of his unfeigned assent thereunto
to be believed for necessity of Salvation But the Statute doth require belief of every one of these Articles when it enjoyns not only subscription but an assent unto them punishing all with Deprivation that shall affirm and maintain any Doctrine repugnant to them which every man must do if they be found contrariant to the Word or he must be false to God 4. If subscription to these or any other Articles be still continued How can any just liberty be granted to tender Consciences But that they must swallow all that is enjoyned although beside yea contrary to the Word or be persecuted and ruined Thus much of the Doubtfulness of the Articles and of the inconvenience and mischief of subscribing them Which inconvenience and mischief will be greater if we should be tyed to those Articles alone though never so sound as shall now appear in the Defectiveness of them 2. The Articles are Defective Because 1. The sixth Article speaking of the Holy Scripture saith In the name of the holy Scripture we do understand those Canonical Books of the Old and New Testament of whose Authority there was never any doubt in the Church Nevertheless albeit it enumerate the Canonical Books of the Old Testament yea and all the Apocrypha too yet it nameth not any of the New Testament but only concludeth thus All the Books of the New Testament as they are commonly received we do receive and account Canonical Now it being not unknown that there hath been doubts in the Church of some of them insomuch as the Epistle of St. James the second Epistle of St. Peter and several other books and passages in the New Testament have been not only doubted but refused the Article is defective in the not enumerating all the Books of the New Testament 2. There are no Articles for discovering and condemning sundry points of Popery in Doctrine which being first the Tenets of Arminius the first Protestant Writer that was not a professed Lutheran that ever openly maintained them are too commonly suckt in and cryed up by some as the Doctrine of the Church of England which since the Reformation never own'd them but are all maintained by Bellarmine and generally by all Franciscans and Jesuites but confuted by all approved Writers of the Protestant Reformed party that have written against Bellarmine and others of that crew as likewise by the learned Whitgift Whitaker Junius Zanchius Pareus Chamier Dr. Prideaux and many others The learned King James also took so much notice of and distaste at those Arminian-Popish Opinions touching Predestination abused universal Redemption universal Grace the manner of conversion and falling from grace that his Majesty was the chief procurer and promoter of the late Synode of Dort to which he sent Bishop Carlton Dr. Davenant Dr. Hall afterwards Bishops Dr. Goad and Dr. Balcanqual to assist in that Synode whose judgements touching all those points were given in to the said Council subscribed with their hands and afterwards printed and published Agreeable whereunto in the main hath the late Assembly of Divines sitting at Westminster declared their judgements in the Confession of Faith afterwards ratified by both Houses of the late Long Parliment for which reason is that Assembly so much slighted reviled and opposed 3. Those Articles contain nothing of the Creation of Providence Fall of man of Sin of the Punishment of sin of Gods Covenants Effectual Calling Adoption Sanctification Faith Repentance Perseverance of the Law of God Christian liberty and Liberty of conscience Religious Worship of the Sabbath or Lords day of Marriage and Divorce the Communion of Saints Church-government and Discipline of the Resurrection or of the last Judgement all which the Scripture teacheth and that as necessary as appears by the comprizing most of them in the Apostles Creed and therefore necessary to be explained and held forth unto all as the Doctrine of this Church especially considering the differences and Controversies about many of them Upon this reason it was that the late Assembly of Divines have taken so much pains to compose several Articles which they call Chapters wherein both those of the 39 Articles which are held to be indeed fit to be retained are more fully cleared and explained and the rest added with pertinent proofs of Scripture to make it manifest that they are all evidently grounded upon the Word of God But all proofs are wanting in the 39 Articles no text of Scripture being produced to make cut any one of them II. Of WORSHIP THe Form of Publick Worship in England except Preaching is set down in the Liturgy or Book of Common-Prayer established by Law in 1 Eliz. 2. intituled An Act for the Vniformity of Common-Prayer and Service in the Church and the Administration of the Sacraments This Act repealeth another made in 1 Mar. 2. which had repealed a former Statute made in 5.6 Edw. 6. for the Vniformity of Common-Prayer c. and re-established that Common-Prayer-Book which the said last mentioned Act of Edw. 6. had ratified and confirmed But yet the Act of 1 Eliz. which authorizeth and enjoyneth the use of that Book of 5.6 Edw. 6. doth it with allowance of one alteration or addition of certain Lessons to be used on every Sunday in the year and the form of the Letany altered and corrected and two sentences onely added in the delivery of the Sacrament to the Communicants but none other or otherwise Now it is here to be observed that in the Act of 5.6 Edw. 6. for confirming that Book it is said that The Kings most Excellent Majesty with th' assent of the Lords and Commons in that Parliament assembled and by the Authority of the same had caused the aforesaid Order of common service intituled The Book of Common-Prayer to be faithfully and godly perused explained and made fully perfect and by the foresaid Authority annexed and enjoyned it so explained and perfected to that present Statute So that the same was enrolled together with the Act it self Which being repealed by Queen Mary the Original Book was taken off from the Parliament-Roll and so lost But in the Act of 1 Eliz. 2. there is no mention at all of joyning the Book then revived and re-confirmed to the said Act nor doth it appear that ever it was again enrolled whereby by having recourse to any Record or Parliament-Roll it may be proved that that Book of Common-Prayer printed in the year 1559. the first of Qâ—een Eliz. is confirmed by Law or that any man is bound to use it as the onely form now established by Parliament or to be punished for not using it at all And albeit the Act of 1 Eliz. Quere therefore whether he that either useth them not or useth other be punishaable taketh notice of some alterations above mentioned to be made in the Book then ratified yet it doth not name nor express what those alterations were So that all men are lest in a blind touching the same if put to prove that those
be used but onely at the celebration of the Lords Supper the setting up of Tapers of wax Candlesticks Basons and Ewres upon the high Altar and ducking to them every time a man comes into the Church or goes out or stirs while he is in it Whereas Cups Pots and Basons for Alms were never since 5. Edw. 6. to be set there but at the Communion nor then to be bowed unto though the Bread and Wine were on the Table The wearing of Hoods of degrees and many other such like devices all which were laid aside in 5.6 Edw. 6. as appears by the Rubricks and the Act for Uniformity in 1. Eliz. 2. compared together which allows nothing but what was in the Book of 5.6 Edw. 6. save onely the alterations mentioned in the said Act as hath been before shewed And however the Rubrick before the Book printed in 1. Eliz. directeth to use such Ornaments as were in use in 2. Edw. 6. yet that is no part of the Book established because the Book of 5.6 Edw. 6. hath no such Rubrick and the Act enjoyns all to be done according to that Book and none other or otherwise However afterwards another Statute of Q. Eliz. did so appoint Now the same Preface before the Common-prayer touching Ceremonies giveth all men to understand that the most weighty cause of the abolishing of certain Ceremonies was that they were so far abused partly by the Superstitious blindness of the rude and unlearned and partly by the unsatiable avarice of such as sought more their own luere then the glory of God that the abuses could not well be taken away the thing remaining still Upon which grounds there was a removal of them in 5.6 Edw. 6. For then was that Preface of Ceremonies first prefixed to the Book of Common-prayer But so great is the itch of mans corrupt nature after Humane inventions in Divine Worship and so natural are Popish Gue-gaws and outward pompous toyes that please the senses that many of these who had been laid aside as abovesaid in 5.6 Edw. 6. and that at the Conference at Hampton-court it was desired that those Ceremonies and Rites of the Cross in Baptism kneeling at the Communion the Surplice c. might be put away yet such was the violence of the prevailing party at that time that having obtained License under the Great Seal they in Convocation An. 1603. recalled sundry of those rejected Ceremonies again and enjoyned all Students in Colleges to wear Surplices in time of Divine service Can. 17. Copes by him that Ministreth the Sacrament Epistolers and Gospelers according to 7. Eliz. there being no such Statute nor Parliament in 7. Eliz. and sundry other things under colour whereof by degrees most of those things before cast out viz. bowing to the East and to the Altar with the rest before named were retroduced and now devoutly or rather superstitiously observed without any shew or colour of warrant but ancient custom which being duly examined will appear to all to be first used in the Popish Churches as too palpably appeareth by the Preface touching Ceremonies before alledged Yea those very men who are so much for these and not onely urge the 18th Canon of 1603. but the Queens Injunctions * 52 Injunct for bowing at the Name of Jesus which no Common-prayer-book or Statute hath enjoyned yet in other things regard not those Injunctions nor the Book of Homilies no nor the Act for Vniformity it self touching such Ceremonies as they have a mind to recal and advance witness their setting up Candles in Candlesticks on the High Altar as they call it and such like superstitions which the third Injunction of Eliz. reckons among those things which tend to Idolatry and Superstition which of all other offences God doth most detest and abhor They must have their Antiphonies Responds c. which the Preface to the Common-prayer-book tells us are laid aside c. Not content with this they must have all except Candles lighted that are upon the Popish Altars where Mass is used upon their high Altars yea piping on divers Instruments singing so as none can understand the matter but onely be tickled with the musick playing upon Organs c. all which were laid aside in Edw. 6. and even by the 2 Hom. of the Place and time of Prayer which is by vertue of Art 35. subscribed unto by every Minister in England that ever was admitted to any Ecclesiastical Promotion according to the Act of 13. Eliz. 12. are censured and declared openly to all to be displeasing unto God and sore and filthily to defile his holy House and Place of Prayer All which are here mentioned to shew how far they deviate and whither they are tending and posting amain who under colour of upholding and practising of the laudable Rites and Ceremonies of the Church of England do recal and retroduce many Popish Rites cast out of this Church and despise all Laws and Constitutions made against them and are thereby lyable to Inditements every time they use them upon the Statute of 1 Eliz. 2. We shall forbear to insist longer upon this but leave it to others to judge what sad and dangerous effects these things if they be suffered and countenanced are likely to produce That which we chiefly aim at is to shew a necessity of reforming those Rites and Ceremonies contained in the Book of Common-Prayer or enjoyned by the Canons of 1603. Such are the Surplice Copes c. enjoyned to be used by Ministers the Cross in Baptism Kneeling at the Communion Marriage with the Ring Bowing at the Name of Jesus and such like imposed upon all as established by Law But such Establishment we do and must deny until we see a Record produced by which that Book now in use or printed in 1 Eliz. is by Act of Parliament ratified and confirmed For if either there be no Record of that to which an Act referreth or that there be more alterations in the Book said to be established than the Act mentioneth can that Book be properly said to be established by Law and not rather made void thereby In all other things nothing is admitted for Law or as being of force by Law but what is expresly contained in verbis in the Act it self especially if the Act refer to any thing to be confirmed by it of which no Record can be produced and which differs from ought else that is said to be ratified by it And this is the case of the present Liturgy which neither is Recorded nor agreeth with but hath sundry alterations from and additions to that of 5.6 Edw. 6. besides those hinted in the Act of 1 Eliz. 2. And if any Deed or Bond be rased or altered after sealing or if rased or altered before sealing and that not witnessed will such a Deed or Bond be admitted as good evidence at Law or in Equity if produced and pleaded We therefore cannot understand how the present Service-Book can be established by
Order to have the sole power of Ordination which hath been proved not to be so It is requisite that herein also some Declaration be made to the contrary that we may not give offence to the Protestant Churches with whom we hold Communion nor admit of such an untruth among our selves to which all must subscribe 4. As for Consecrating of Archbishops and Bishops in which the same Scripture 1 Tim. 3. is read again that was used in Ordaining of Priests which sheweth that the Compilers of that Book never dreamt of a distinction of Orders between Bishops and Presbyters we onely say thus much That there being no warrant in Scripture for Archbishops but onely from the practice of after-times whereby they were by men onely called to that height we see no necessity of their Consecration no more doth our Church for that it makes the same Consecration which is for Bishops to serve for Archbishops Upon this account we see no reason why a solemn Oath of Canonical Obedience to the Archbishop should then be administred to every person that is to be Bishop The Exception against that Expression of the Archbishop in the act of Consecration of a Bishop Take the Holy Ghost being spoken to before here we onely make the same profession against it which there we did and so leave it and proceed to the next Head of Ecclesiastical Government which is Jurisdiction II. Of Ecclesiastical Jurisdiction IT hath been of late the claim of our Bishops to have in them the sole power of Jurisdiction in Causes Ecclesiastical which is now pleaded for so boldly and openly by their Advocates and such as asspire to the same Office and Dignity that it is now made though very groundlesly an Essential part of Episcopacy by Divine Right witness among other the Author of an Answer to a Letter sent to Doctor Turner to Oxford who alledgeth several Scriptures viz. 1 Tim. 5.19 Tit. 1.5 to prove that Ecclesiastical Jurisdiction is in Bishops onely To the same effect the Author of another Book intituled Church-Lands not to be sold So others But seeing Bishops can exercise no Jurisdiction in England but what is allowed by the Laws of the Land as we shall after make it manifest to every eye we shall not much trouble our selves at this time with their claim by Divine Right Howbeit lest they should think there is nothing to be said against it we desire it may be considered which is known to all that have seriously consulted Antiquity that in the Primitive Ages of the Church there was no Ecclesiastical Jurisdiction exercised but by the Bishops and their Consistory of Presbyters together Even in Rome it self there was even in Cyprians time a number of the Clergy who acted with the Bishop as well as elsewhere Thence grew by Corruption their Conclave of Cardinals And from the same Original here in England first Monks afterwards Deans and Chapters were joyned with the Bishops to assist both in Ordination and Jurisdiction although of late times they joyned with them in neither Such was the Pride of the one and the Idleness of the other Which last his late Majesty was content to part withal They being of no use but onely to confirm Grants of the Bishop as he confirmed theirs keeping sundry Benefices of Cure in their hands and seldome or never residing on them under pretence of residence near the Bishop whereas the Canons of 1603. require them to reside on their Benefices with Cure all but the space of one moneth in the year * Can. 44. unless he be a Dean Master Warden or chief Governour of a Cathedral or Church who by Can. 42. is to reside there ninety days Conjunctim or Divisim This is spoken not to justifie the Continuation of Deans and Chapters or to move for reducing them to the ancient course of corrupt times in making them alone to be the Adjutors of Bishops for Jurisdiction is as proper to all the Presbytery as to those Cathedral Presbyters But we urge it meerly and onely to demonstrate the falshood of that upstart Assertion that Bishops have sole power of Jurisdiction And that we may contract our selves within necessary brevity considering to whom we make our Address we shall give but one instance more and that shall be out of the Book of Ordination in the Ordering of Priests Where among other Questions propounded by the Bishop to him that is to be ordained Priest this is one Will you reverently obey your Ordinary and other chief Ministers unto whom the Government and Charge is committed over you following with a glad mind and will their godly Admonition and submitting your self to their godly Judgements To this each of them that are to be ordained answereth I will so do the Lord being my helper By this it is evident that more beside Bishops have power of Jurisdiction If it be said this may be meant of ARchdeacons Deans c. that have it under the Bishop what is this to the intituling of all Ministers thereunto It is answered out of the Rubrick before the Communion whereby every Curate is authorized to keep off from that Sacrament every open and notorious Liver by whom the Congregation is offended until he have openly declared himself to have truely repented and amended his former wicked life that the Congregation may thereby be satisfied Yea where he finds hatred and variance he is to suspend from the Sacrament the party refusing to be reconciled to the other and be content to forgive from the bottom of his heart all that the other hath transgressed against him and to make amends for that he himself hath offended What is this but as much and as high Jurisdiction as any Bishop can use in that particular If this suffice not take one passage more In the same Book of Ordination in the Ordering of Priests The Bishop asketh every person whom he ordaineth a Priest this Question Will you give your faithful diligence always so to minister the Doctrine and Sacraments and the DISCIPLINE of Christ as the Lord hath commanded and as this Realm hath received the same c. To which each Priest is to answer I will so do by the help of the Lord. What can be a more clear evidence of the intention of our Church in the first Reformation then to admit all Presbyters to have a share in Ecclesiastical Jurisdiction and in the Administration of it How long Bishops and others under them have had Ecclesiastical Consistories to exercise Ecclesiastical Jurisdiction to us is not certain Yet it appeareth by Sir Edw. Cook â— Instit ca. 53. p. 2259. that William the Conqueror was the first that by his Charter to the Dean and Chapter of Lincoln did prohibit Sheriffs in their Tourne Courts wherein before-time all Ecclesiastical matters were heard and determined to intermedle any more with Ecclesiastical Causes but leave them to the Bishops Thence some conclude that Bishops have held Courts ever since William 1. Others finding no
a Bishop according to the mind of Christ expressed in his Word If the late Episcopal Party shall pretend and plead that unless Bishops be restored to all their power and pomp they arrogated before 17. Car. they shall not be able to do his Majesty that service which otherwise they might if so restored To this it is answered 1. That if they mean thereby that they cannot do his Majesty service in Parliament unless they be restored to their Lordships again and re-admitted to the House of Peers we cannot think but that there be Noble Lords enow left in that Honourable House who are far more able to do his Majesty service then the Bishops can do there 2. Whereas the Bishops and Clergy obtained a Command and Charter from William 1. to exclude the Sheriff and the rest of the Laity from medling with matters Ecclesiastical in their Courts as was before shewed we see no reason why Bishops excluded in 17. Car. 1. his reign should be again admitted to intermeddle in the Supreme Court and Judicatory of the Realm in Civil Affairs 3. If they be confined to the Apostolique Constitution and more Bishops made they will be in a capacity of doing God and his Majesty more and better service in a more diligent and circumspect Government of the Church then ever yet they have done or were able to do By all which it appeareth that if they labour to recover their former power the pretence of doing his Majesty better service is but to make way to their own Greatness and to render them less able to serve God or the King as in that Office they ought Nor will his Majesties interest in the Clergy be diminished by making more Bishops without an election by a Dean and Chapter but much increased if by Act of Parliament the same Course be taken for the election of all Bishops which by the Statute of 26. H. 8.14 is appointed for the constituting of Bishops Suffragan and their power of Jurisdiction set out unto them by the King and Parliament as it was in 1. Eliz. at what time the Articles to be ministred in all their Visâ—tations were set forth by the Queen c. are yet extant with her Injunctions Hereby also his Majesty would be sure to have a far greater influence into all the Clergy of note by how much the more the number of Bishops is increased and more learned men made capable of such preferments which a quarter of them cannot be if Episcopacy be confined to twenty six Bishops III. Of DISCIPLINE HAving spoken of the Subject or Persons in whom the Power of Ecclesiastical Jurisdiction by the Laws of the Realm resided we proceed to offer somewhat touching the Rules or Laws for execution thereof under this Head of Discipline which containeth the Canons or Rules to wit the Kings Ecclesiastical Laws by which alone all persons trusted with Ecclesiastical Jurisdiction have been enabled to exercise that Government How that Discipline is bounded appeareth in and by the Acts of Parliament still in force in 25. H. 8.19 and 1. Eliz. 1. which bounds a great Sciolist is pleased to call sad restrictions and limitations * D. Heylin Certam Epistol pag. 89. which sheweth how they like the Laws and how far they would go in making Laws if they durst The bounds in the former Act are these 1. That none of the Clergy should from thence forth presume to attempt alledge claim or put in ure any Constitutions or Ordinances Provincial or Synodals or any other Canons Nor shall enact promulge or execute any such Canons Constitutions or Ordinances Provincial by whatsoever name or names they may be called in their Convocations in time coming which always shall be assembled by Authority of the Kings Writ unless the same Clergy may have the Kings most Royal Assent and License to make promulge and execute such Canons Constitutions and Ordinances Provincial or Synodal upon pain of every one of the said Clergy doing contrary to this Act and being thereof convict to suffer imprisonment and make Fine at the Kings Will. It is true that at the suit of the then Clergy divers Constitutions Ordinances and Canons Provincial or Synodal which heretofore had been Enacted and then thought to be not only much prejudicial to the Kings Prerogative royal and repugnant to the Laws and Statutes of this Realm but also over-much onerous to his Highness Subjects by that Act the King was to chuse thirty two Persons to review approve or reject the same which being begun but not perfected by the time limited so as to get the Royal Assent thereunto 3.4 Edw. 6. cap. 11. that Act revived in 3.4 Edw. 6. authorizing him to chuse thirty two Persons to perfect that work The persons were chosen they did the work compiled a Book intituled Reformatio Legum Ecclesiasticarum yet extant but for lack of the Royal Assent thereunto within the time prefixed that Act expired and their Book of Reformation with it which was never since renewed In the Act of 25. H. 8.19 it is provided that such Canons Constitutions Ordinances and Synodals Provincial being already made 1 El. 1. which be not contrariant nor repugnant to the Laws Statutes and Customes of this Realm nor to the damage or hurt of the Kings Prerogative-Royal shall now still be used and executed as they were before the making of this Act till such time as they be viewed searched or otherwise ordered determined by the said thirty two persons or the more part of them according to the tenor form and effect of this present Act. By occasion hereof Dr. Heylin * Ubi supra affirmeth that so much of the Popes Canon-Law first intended for the Church in general as is not contrary to the Laws Customs c. of the Land is still in force in our Courts Ecclesiastical as the Civil or Imperial Laws are in our Courts of Admiralty and Prerogative for probate of Wills But we humbly conceive this cannot be so because however the Civil Law is still in use in maritine and Testamentary Affairs in regard that Forrainers as well as Natives are or may be therein concerned and so those Civil Laws are permitted not in relation to the Emperour but as the Law of Nations which never was by any Act of Parliament in those eases prohibited in England The Popes canon-Canon-Law on the contrary is ever since disabled by the Statute of 24. H. 8.12 and by that Act before-mentioned is wholly abrogated and null For if his power be renounced can his Laws which are the chief part of a Law-givers power be still in force especially where no Canons but such as have the Royal Assent may be used in England And if that might be admitted yet that very Proviso in the Statute of 25. H. 8.19 puts a period to it after the time the thirty two persons or major part of them did view and search them and drew up a Body of Ecclesiastical Laws to be used
License from the Bishop under his hand and seal appoint or keep fasts or be present at them either publiquely or in any private Houses other then such as by Law are or by publique Authority shall be appointed he shall for the first offence be suspended for the second excommunicated and for the third deposed from the Ministry Lastly the 73. Canon excommunicateth ipso facto all Ministers and others meeting in any private house or elsewhere * What if in Parliament or in Convocation to consult upon any matter or course to be taken by them or upon their motion or direction by any other which may any way tend to the impeaching or depraving of the Doctrine of the Church of England or of the Book of Common-prayer or of any part of the discipline now established What is that Now this sentence of Excommunication being to be pronounced by a Minister onely and after to be publiquely denounced by other Ministers and the persons excommunicated upon the 2 3 4 5 9 and 11th Canons not to be restored but by the Archbishop and every such person not restored is liable to the Writ De excommunicato capiendo or else the excommunication signifies nothing we appeal to all whether these Canons if executed be not against the Stat. of 5. Eliz. 23. which Enacteth that if in the Significavit of the Ordinary for obtaining a Writ de excom capiend it be not contained that the excommunication doth proceed upon some cause or contempt of some original matter of Heresie or refusing to have his or their child baptized or to receive the holy Communion as it is now commonly used to be received in the Church of England or to come to Divine-service now commonly used in the said Church of England or Errour in matters of Religion or Doctrine now received or allowed in the Church of England Incontinency Vsury Simony Perjury in the Ecclesiastical Court or Idolatry Then all such Writs and Significavits to be void in Law And whether such Ministers as in Court or in Churches pronounce or publish such excommunications or for non-appearance non-payment of Fees c. too too commonly practiced in those late Courts be not liable to be punished by an Action at Law for doing such illegal Acts as are not justifiable by the Laws of the Land Or if such a Writ will lye against any man for Heresie not declared such by Parliament according to 1. Eliz. 1. for not receiving the Communion kneeling or for not coming to the Common-prayer as now used it being already made out that it is not established by Law or for dissenting from any of the Articles of Religion of An. 1562. when it hath been shewed that some of them are doubtful some defective and disagreeing from one another c. is it not high time to Reform these things especially when by the Canons not kneeling not coming to Common-prayer are declared to be Schism and any dissent from those Articles being adjudged errour in doctrine the party shall be punished with excommunication yea with imprisonment by Writ out of Chancery and not be absolved but by the Archbishop Can. 5. nor by him till he shall have repented and openly revoked that his dissent as a wicked errour how just and necessary soever such dissent was Again the 14th Canon appoints Divine service to be said not only on the Holy-days appointed by the Book of Common-prayer but on their Eves Which observation of Eves is taken away by the Books of Common-prayer and so this Canon is herein contrary to the Act of 1. Eliz. 2. Moreover the same Canon enjoyneth Ministers to observe the Orders Rites and Ceremonies prescribed in the Book of Common-prayer which by referring to these in 2. Edw. 6. admits of a Surplice only so doth that of 5.6 Edw. 6. yet this enterferes with the 58. Canon of which before And whereas that 14th Canon forbids diminishing any part of Common-prayer in regard of preaching or in any other respect or adding any thing in the matter or form thereof the Book of Common-prayer it self doth warrant us to diminish that is to omit all that men now call the second Service when there is no Communion as hath been also shewed The 17th Canon enjoyneth all Fellows Scholars and Students though Boys as well as Masters of Colleges and Halls upon Sundays Holy-days and their Eves to wear Surplices at Divine service pretending for it the Order of the Church of England and Graduates to wear the Hoods of their degrees Whereas the Order in the Liturgy enjoyns Surplices only to Ministers in the times of their Ministration not to others And this of Boys wearing Surplices doth countenance that fond conceit so much cryed up in Popery that all once entred into Colleges ought to receive primam tonsuram and therefore to wear Surplices * Ham. le Strange in Affin of Div. Serv. The 24 Canon enjoyneth Copes which are forbidden in the Rubrick before Common-prayer in 5.6 Edw. 6. of which before The 27th Canon requireth Ministers not to administer the Communion to any but such as kneel under pain of Suspension whereas we have before demonstrated out of 2. Edw. 6. that kneeling is left arbitrary And if any person not kneeling be refused the Communion with what justice can he be punished with Excommunication which may end in imprisonment upon a Writ De excom cap. by vertue of the forementioned Statute of 5. Eliz. 23. even when he desireth to communicate with that Liberty in gesture which the Law alloweth him Yet both Minister Church-Wardens and Quest-men the Office and duty of which last in Ecclesiasticals we know not must take notice whether every Parishioner come so often to the Communion as the Law requireth Can. 28. which if he do not he is to be presented c. which makes way to Excommunication and imprisonment as aforesaid albeit it be not his fault that he received not unless it be an offence to claim and make use of the liberty which the Law affordeth him The Explanation of the lawful use of the Cross in Baptism undertaken in Can. 30. is very defective for whereas it undertakes to remove all scruples of Conscience therein it produceth not one Scripture nor Father to that end but only indefinitely talks of both which without better arguments and more distinct proofs can never in common reason quiet much less satisfie any mans Conscience that maketh scruple thereof Nor can we submit thereto till we see it proved as well as affirmed The 31. Canon forbiddeth the making of any Deacons or Ministers save only on the four Sundays after the Ember-Weeks appointed for prayer and fasting and so continued in England by what Law when the Stat. of 5.6 Edw. 6.3 declares the contrary and this to be done in the Cathedral or Parish-church where the Bishop resideth in presence not onely of the Archdeacon but of the Dean and two Prebendaries at least if not by any lawful cause let or hindred or of