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A77860 Reasons shewing the necessity of reformation of the publick [brace]1. doctrine, 2. worship, [double brace] 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. Burges, Cornelius, 1589?-1665. 1660 (1660) Wing B5678; Thomason E764_4; ESTC R205206 61,780 69

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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
exigitur quam consulitur there is a service set up which however it was appointed by God to be once used by the children of Israel so soon as they were gone over Jordan into Canaan Deut. 27. yet is now no way warrantable in the Publique Worship of God that is for the Minister openly to denounce Curses upon all sinners divers times in the year and that not in the ordinary Reading-place but out of the Pulpit To which all the people are required to say Amen Whereby many of them are necessitated to curse themselves But as for that place in Deuteronomy that is no warrant for this now Because that was no part of the Publique Service then incumbent on the Priests or Levites nor to be done by any in the place of Publique Worship but upon Mount Ebal and that by six of the Tribes to wit Reuben Gad Asher Zebulun Dan and Naphtali ver 13. and that but once And let it be observed that Levi was none of them that were appointed to Curse nor were they of that Tribe so much as among them But he was to be upon Mount Gerizzim with Simcon Judah Iss●char Joseph and Benjamin to bless ver 12. And this was the charge before given of God by Moses unto Aaron and his sons as their constant duty at all publique Assemblies of the Congregation for Worship Numb 6.23 c. to bless the Congregation thus The Lord bless thee and keep thee the Lord make his face to shine upon thee and be gracious unto thee the Lord lift up his countenance upon thee and give thee peace This indeed was an Ordinance to which God there promiseth a good success saying They shall put my Name upon the children of Israel and I will bless them For Ministers of the Gospel then whose Office it is to be Messengers of Peace and to bring glad tidings of good things to his people to be imployed and that often in cursing the people as a part of his Office and of publique Worship not this or that particular offender being according to Christs Ordinance convicted and censured and still remaining refractory and impenitent is such a piece of humane and unchristian-like invention as hath no warrant from the Word of God nor from the practise of the Primitive Church which this very Commination it self in the first lines of it plainly confesseth where it saith that then the Discipline was to put notorious sinners to open penance in Lent and that in stead thereof until the said Discipline may be restored it is thought good to use this Which shews plainly that this is no other then a later spawn of Antichrist in his Popish Services More might be said of sundry other particulars in the Service-Book but we suppose that he that shall duly weigh that which hath been already noted will think these enow III. Of RITES and CEREMONIES HAving spoken of the necessity of Reformation in Worship it is necessary in the next place to shew the like necessity of Reformation in Rites and Ceremonies which are appurtenances of and appendents to Worship in relation to the Injunctions of the Apostle Let all things be done decently and in order a 1 Cor. 14.40 and to the use of edifying b 1 Cor. 14.26 And here we speak not of Rites and Ceremonies which be Divine by Gods own Institution for these are all in some respects parts of external Divine Worship in their use prescribed by himself such are the outward elements in the Sacraments c. and in other respects Ceremonies appendent to that Worship which is internal and principally intended in and by that which is external by Divine Institution But we speak of Rites and Ceremonies appointed by the Lights and Guides of the Church for decency order and edification being of Humane institution and alterable although used in the exercise of Religious Worship according to the 34th Article of Religion which teacheth that it is not necessary that Ceremonies be in all places one or utterly like for at all times they have been divers and may be changed according to the diversities of Countries Times and Mens manners c. The reasons why such Ceremonies not only may but sometimes must be changed according to the diversities of Countries Times and Mens manners which may make it evident that what is now desired no way tendeth to disorder confusion or Schism but to godly order without the least infringement of holy unity in the Church are plainly set forth before the Book of Common-prayer it self under that Preface or Title Of Ceremonies why some be abolished and some retained Where it is said Of such Ceremonies as be used in the Church and have had their beginning by the institution of man some at the first were of godly intent and purpose devised and yet at length turned to vanity and superstition some entred into the Church by indiscret Devotion and such a zeal as was without knowledge and for because they were winked at in the beginning they grew daily to more and more abuses which not only for their unprofitableness but because they have much blinded the people and obscured the glory of God are worthy to be cut away and clean rejected The same Preface saith further Some are put away because the great excess and multitude of them hath so increased in these later days that the burden of them was intolerable whereof St. Augustine in his time complained that they were grown to such a number that the estate of Christian people was in worse case concerning that matter then were the Jews And he counselled that such yoke and burthen should be taken away as time would serve quietly to do it But what would St. Augustine have said if he had seen the Ceremonies of late days used among us whereunto the multitude used in his time was not to be compared This our excessive multitude of Ceremonies was so great and many of them so dark that they did more confound and darken then declare and set forth Christs benefits unto us Upon these and other reasons it was that many Ceremonies introduced into the Mass-Books and other Popish Breviaries such as ducking and bowing to the East to the Altar the standing up at Gloria Patri or Glory be to the Father c. at the reading of the Gospels of the Day the wearing of Robes Copes Lawn sleeves or other Vestments save onely a Rochet to be worn by an Archbishop or Bishop and Surplice only by Priests and Deacons the wearing of Sandals or Slippers when men go into Churches or Chappels the turning Communion Tables and setting them Altar-wise at the East end of the Chan●●l or setting up Altars of stone in that place whether the Congregation can hear or not womens wearing of Vails and offering of Chrisomes at Churchings and that at the high Altar the reading of the Lessons in one place and the second Service at the Altar which second Service was never appointed by the Common-prayer-book to
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