The Altar of Damascus

TO THE READER.

I Have drawn this pattern of the English Altar obtruded upon us, out of their own Tables of the Hierarchy and Church policy, Muckets book, their Canons and Constitutions Ecclesiastical, the statutes of the Realm, the admonitions, petitions, assertions, treatises, answers and replies of those who sue for reformation, the confessions of their opposites in their own defences. I have followed the order of the Tables translated out of Latin, and printed with a letter different from the rest. I intended not a full refutation: for I thought, to discover it only, was to refute it sufficiently, to any man of sound judgment; saving that sometime there i • a light touch, or pointing at any corruption where I suspected the simpler sort migh • be miscarried.

CHAP. 1. Of the Kings Supremacy.

IN the Ecclesiastical policy of England generally are to be considered, 1 Persons, 2 possessions, 3 constitutions concerning both: Persons to be considered, are either such as have some kind of administration, or such as have none at all. The persons that have some kind of administratiō, have it, either as supreme, or not so ample. The supreme, or more absolute administration, which is called the Kings supremacy, is to be considered, 1 generally, 2 particularly. Generally, by which authority the Prince as supreme governor under God, can set down in all Ecclesiastical causes within his dominions, whatsoever is not repugnant to the word of God.

By causes Ecclesiastical are meant, not only matrimonial and testamentary causes, and others abusively called Ecclesiastical, but also these, which are in a proper sense Ecclesiastical, subject to Ecclesiastical cognition and jurisdiction. By the title of Supreme Governor, is understood the same power which before was expressed by the title of Head of t • e Church of England in the days of K. Henry the 8. and Edward the 6. For howsoever for removing of offense taken at the metaphorical title of Head, it was changed in more proper terms of supreme governor under the reign of Queen Elizabeth, yet the sense remaineth still. In the first year of her reign, it was enacted and ordained, That such jurisdictions, privileges, superiorities and preeminences spiritual or Ecclesiastical, as by any spiritual or Ecclesiastical power, or authority, hath heretofore been, or may lawfully be exercised, or used, for the visitation of the Ecclesiastical state and persons, and for reformation, order, and correction of the same, and of all manner of errors, heresies, schisms, abuses, offenses, contempts and enormities, shall forever be united and annexed to the Imperial crown of this Realm. And that the Queens highness, her heirs, and successors, shall have full power, & authority, by virtue of this act, by letters patents under the great seal of England, to assign, name, and authorize, when and as often, as her highness, her heirs, and successors, shall think meet and conve • ient, and for such and so long time, as shall please her highness her heirs, and successors, such persons being natural born subjects, as her Majesty, her heirs, and successors, shall think meet to exercise, use, occupy, and execute under her highness, her heirs, and s • ccessors, all manner of Jurisdictions, privileges, and preeminances, in any wise touching, or concerning any spiritual or Ecclesiacticall jurisdiction, within the Rea •• es of England or Ireland, or any other her highness •• minions, or countries, and to visit, reform, redress, order, correct, and amend all such errors, heresies, schisms, abuses, offenses, contempts and enormities whatsoever, which by any manner of spiritual or Ecclesiastical power, authority, or jurisdiction, can, or may lawfully be reformed, ordered, corrected, restrained, or amended. And for the better observation of this act, it was further enacted, that every Ecclesiastical person, officer, and minister, all and every temporal judge, Justice, Major, and other lay or temporal officer, and minister, and every other person having her highness fee, or wages, within the Realm of England, or any of her highness dominions, shall make, take, & receive a corporal oath upon the Evangelist, before such person, or persons, as shall please her highness, her heirs, or successors, under the great seal of England, to assign and name, to accept and take the same, according to the renor and effect hereafter following, I A. B. do utterly testify and declare in my conscience, that the Queens highness is the only supreme governor of this Realm, and of all other her highness dominions and countries, as well in all spiritual or Ecclesiastical things, or causes, as temporal, and that no foreign Prince, person, prelate, state, or Potentate, hath, or ought to have any jurisdiction, power, superiority; preeminence, or authority Ecclesiastical or spiritual within this Realm: and therefore I do utterly renounce & forsake all foreign jurisdictions, powers, superiorities, and authorities, and do promise, that from henceforth I shall bear faith, and true allegiance to the Queens highness, her heirs, and lawful successors, and to my power shall assist, and defend all jurisdictions, privileges, preeminences, and authorities, granted or belonging to the Queens highness, her heirs, and successors, or united and annexed to the Imperial crown of the Realm. So help me God, and by the contents of this book. The title then of Supreme Governor in the oath is explained by the preceeding words of the statute, to which, and for observation of the which, the oath is subjoined, viz. that the Prince hath all manner of spiritual or Ecclesiastical jurisdiction, and all manner of privileges and preeminences any way touching or belonging to the same, which was before, or may be lawfully exercised for visitation of the Ecclesiastical state, reformation, order, and correction of the same, and of all manner of errors, heresies, schisms, abuses, offenses, contempts and enormities, and that he may commit the exercise of the same to any of his natural born subjects, whom it shall please his highness to constitute commissioners in causes Ecclesiastical, to judge, discern, and correct in matters of Idolatry, simony, error and heresy, and all other causes Ecclesiastical whatsoever. This oath of supremacy is different from the oath of fidelity or allegiance devised of late. That requireth no further thē to acknowledge the king to be lawful & righteous king, and to swear obedience and fidelity to him, notwithstanding he be excommunicated by the Pope, & to acknowledge, that the Pope, notwithstanding of his excommunications, cannot depose kings, and dispose of kingdoms at his pleasure. The Papist is straitened with this oath of allegiance, but not with the oath of supremacy for fear of troubling his tender conscience. The statute of the supremacy was explained the same year of Qu. Elizabeth's reign, in an admonition added to the injunctions, as followeth, That her Majesty neither doth, nor ever will, challenge any other authority then was challenged, and lately used by the noble kings of famous memory, king Henry the 8. and king Edward▪ the 6. which is, and was of ancient time due to the Imperial crown of this Realm, that is, under God to have the sovereignty, and rule over all manner of persons born within these her realms, dominions, and countries, of what estate soever they be, either Ecclesiastical or temporal, so as no other foreign power shall, or ought to have superiority over them. In this admonition the subjects are made to understand, that her Majesty did not claim power to minister divine offices in the Church, as to preach the word, and minister the sacraments. They have been too simple, who have construed the statute in such a sense. For no wise man will think, that kings and Queens will take upon them either the pains, or worldly discredit to preach the word, minister the sacraments, intimate to the congregation the sentence of excommunication. The statute doth make no mention of divine offices in the Church, but of jurisdiction Ecclesiastical, which is, and was in time of papistry, exercised at visitations, and in Ecclesiastical courts. This explanation therefore of the admonition annexed to the Injunctions, and ratified by Parliament in the fifth year of Qu. Elizabeth, derogateth nothing from the former statute, but only summeth it in more general terms. To challenge no more then was challenged, and lately used by the noble kings of famous memory, K. Henry 8. and Edward 6. is to challenge to be head of the Church, to have all jurisdiction Ecclesiastical flowing from the possessor of the Crown, as from the head and fountain. Mr. Fox in his Acts & Monuments relateth, that in the 34. of K. Henry the 8. it was enacted, That the king, his heirs, and successors, kings of that Realm, shall be taken, accepted, and reputed the only supreme head on earth of the Church of England, and shall have and enjoy annexed and united to the Imperial crown, as well the title and style thereof, as all honors, dignities, preeminences, jurisdictions, privileges, authorities, immunities, profits and commodities, to the said dignity of supreme head of the same Church belonging and appertaining: and that they shall have full power & authority from time to time, to visit, repress, redress, reform and amend all such errors, abuses, offenses, contempts, and enormities whatsoever they be, which by any manner of spiritual authority, or jurisdiction might, or may lawfully be reformed, repressed, ordered, redressed, corrected or amended. In a rescript of Edward the sixth, it is thus written to Cranmer Archbishop of Canterbury. Seeing all manner of authority and jurisdiction, as well Ecclesiastical as secular, doth slow from our regal power, as from a supreme head, &c. we give unto you power by these presents, which are to endure at our good ple • s • re, to give and promove to the sacred orders even of the Eldership (or as they use to speak, Priesthood) any within your Diocie. Anno 1. Edw. 6. cap. 12. an act was made, That the Bishop, should be ma • e by the Kings letters patents, and not • y election of Dean and Chapter, and that they should make their process, and writings in the Kings name, and not under their own names, and that their seals should be the Kings arms. This act repealed in the 1. of Queen Mary, was revived in the 1. of K. James. It was objected to Bishop Farrar in the days of the same young king Edward, that he deserved deprivation, because he constituted his Chancellor by his letters of commission, omitting the kings majesties style and authority: and that he had made collations and institutions in his own name and authority, without expressing the kings supremacy. His answer was, that howbeit there was some default of formality in the commission, yet his highness style and authority, was sufficiently expressed in the said commission: Neither did the said Chancellor offer to visit, but in the Kings name and authority to the said Bishop committed. And as to the other point, that he made his collations and institutions in his own name, not by his own authority, nor by any others, save the kings authority, expressing in them the kings supremacy with the Bishops own name, and seal of office. Whitgift sometime Bishop of Canterbury, saith, We acknowledge all jurisdiction that any court in England hath, or doth exercise, be it civil or Ecclesiastical, to be executed in her Majesty's name and right, and to come from her as supreme Governor. And again in another place, The Prince having the supreme government of the Realm in all causes, and over all persons, as she doth express the one by the Lord Chancellor, so doth she the other by the Archbishops. Dr. Bancroft, who was afterward made Bishop of London, and at last Bishop of Canterbury, in a Sermon made at Paul's Cross, anno 1589. maketh her majesty a petty Pope, and assigneth unto her, not some of the Popes power, but all honors, dignities, preeminences, jurisdictions, privileges authorities, profits and commodities, which by usurpation did at any time appertain unto the Pope, belike relating the words of the act made in the 34. Henry 8. Our Bancroft, Mr. Spottiswood, pretended Archbishop of Saintandros, at the pretended deposition of N. in the high commission, said likewise, I say unto you N. the king is now Pope, and so shall be. To be supreme governor in all causes Ecclesiastical then, is not only to be an avenger with the sword, as Bilson would make the Jesuits believe in his book of obedience, but also to be judge in matters of error and heresy, superstition and idolatry, and all other causes Ecclesiastical; and, as a supreme governor, to communicate this power to auy natural borne subject. In the Parliament holden at Perth anno 1606. where a number of the Nobility consented to the restitution of the Bishops to their 3 estate, and old privileges, that they might get the other prelacies erected in temporal Lordships, it was declared in the second act, That the whole estates of their bounden duty, with most hearty and faithful affection, humbly and truly acknowledge, his Majesty to be sovereign Monarch, absolute Prince, judge and governor over all persons, estates, and causes, both spiritnall and temporal within his said Realm. He is then not only governor, but judge also over all causes. But the nature of the supremacy may be yet better conceived, when we have taken a view of the particular rights of the supremacy, and of the power granted to the high commission.

The Kings supremacy considered particularly, consisteth, either of things which are granted only by statute, or restored by statute, as due of right to the Royal Crown. Granted first by statute, as to receive the Annates, or first years fruits of every Ecclesiastical benesice after the vacancy of it, and the tenth of all Ecclesiastical benefices yearly.

These first fruits, and tenths, were the Popes due, in time of Popery: when the Pope was cast forth, they were given to the King, and it was enacted, That the Kings Majesty, his heirs • nd successors, for the augmentation and maintenance of the royal estate of his Imperial Crown & dignity of supreme head of the Church of England, should yearly have, take, enjoy, and receive, united & knit unto his imperial crown forever, a yearly rent, or pension, amounting to the value of the tenth part of all the revenues, rents, farms, tithes, offerings, emoluments, and of all other profits, as well called spiritual, as temporal, then appertaining, or belonging or that afterward from thenceforth should belong to any Archbishopric, Bishopric, Abbacie, Monastery, Priorie, Archdeaconrie, Deanrie, Hospital, College, house Collegiate, Prebend, Cathedral church, Collegiate Church, couentuall church, Parsonage, Vicarage, Chanterie, free chapel, or other benefice or promotion spiritual, &c. It was further enacted, That the said first fruits and tenths, and all the revenues and profits thereof should be in the order, survey, and governance of the Court of first fruits, and tenths, and ministers of the same. This Court was erected in the Parliament begun anno 31. Henr. 8. Mark these words, for the augmentation and maintenance of the royal estate of his Imperial crown, and dignity of supreme head of the Church of England: for in that respect are the tenths exacted.

Restored by statute, as of right due to the Crown, are either such as have ever been used by the Prince within his dominions, or have not been in use, &c. Ever in use, as the supreme right of patronage, called Patronage Paramont, so that by lapse of time, collation of benefices are transferred to the Prince, and no further. 2. To reap the tents of vacant benefices to his own proper use, 3. to give license to choose a Bishop. 4. to, nominate a fit man to the Chapter, whom they shall choose to the Bishopric. 5. to give consent to the person elected. 6. to receive the oath of homage from the Bishop. 7. to present any Ecclesiastical persons whatsoever, before the civil judges, for offenses committed against the peace of the kingdom, and the Kingsroyall dignity.

Presentations and collations of benefices, whether ordinary and original, or extraordinary, and transferred by devolution to superiors for the neglect of inferiors, postponing times prescribed by law, are the inventions of Satan, broached and dressed in his kitchen, saith Beza. For when the Patron presenteth to a benefice, and the Bishop giveth collation, the liberty of the Church to choose, and seek the worthiest and fittest man one of a thousand, as Job speaketh, is taken away, and unworthy men thrust upon the Churches. When there is any defect through neglect of time, this liberty is not restored to the Church, but her bondage still increaseth, till at last the power of bestowing a benefice by gradation come to the Prince. Now to confer a benefice, is to set a Pastor over a flock: for howsoever the person presented have received Ordours before, yet he hath not a particular charge, but is a minister, or as they call him, a Priest, at Random, till he obtain some benefice. The Prince taketh up the rents of vacant Bishoprics, as Superiors of vassals, who hold their lands of their Liege Lord. The Bishops See being vacant, the Diocesan Church as they call it, hath not liberty to choose a Bishop, either in a full convention, or by their commissioners, nor yet the ministers of the Diocie, but only the Dean and Chapter, as was the manner in time of Popery. Neither may the Dean and Chapter proceed to the election, till first a license be sent from the Prince, and with the license is sent a letter nominating the person whom they shall choose, and then they proceed to the acceptation, rather then free election of the person nominated. Notwithstanding of this imaginary and feigned process of election, the kings assent and ratification is required. Yea without all this imaginary proceeding of Dean and Chapter, the Prince may by virtue of the statute above mentioned, proceed to the full election by himself, and will do it, when he thinketh good. The clergy, nobility, gentry, communalty of the Diocie are not regarded all this time. They must accept whom Dean & Chapter at the Princes pleasure shall recommend to them. Hence it is, that the Church receiveth Pastors & Bishops from the Princes palace, and he that can give or promise the greatest gift to the greatest Courtier, shall win the prize. So the profane courtier setteth these great commanders, Pastors over many Churches. From Popes and Princes courts, as out of the belly of the Trojan horse, have been sent forth asses, swine, Bears & Bulls upon the Lord's vineyard. At the last Parliament 1617. election by Dean and Chapter was established, without the consent, yea against the acts of our Kirk. And the first man that entered this way, I mean the Parliament way, that is, by Dean & Chapter, was the land of Corce, who made it nice to take on a Bishopric, till he had a lawful calling, and the free approbation of the Kirk. My Lord elect must make homage to the Prince, and swear not only fidelity, which every subject owe to their Prince, but also as a vassal to do homage to him as his superior, and perform that knight service, which he is obliged to for his temporal lands. Whereas before they held their lands in pure alms, they were either compelled by Princes to hold in knights service, or made filthy pactions with them, to the end they might get in many temporal lands, and for that cause rendered themselves as vassals, selling both their own liberties, and the liberty of Ecclesiastical elections.

Not in use, till after the Papal usurped authority was utterly driven forth of the bounds of the English Empire. These concern, 1 appellations, 2 Canons and laws, 3 Benefices. As for appellations interposed at the instance of any party, 1 The last appellation is made to the Prince, and not forth of the kingdom. 2 he delegateth judges by the Chancellor of England, under the great seal, who shall determine in the cause.

Appellations ascend by degrees from one to one, not from one to many. No mediate appellation is heir from one to a Provincial Synod, or National, but from the Archdeacon, or his official, to the Bishop: from the Bishop or his Commissary, to the Archbishop: from the Archbishops Archdeacon to the Court of Arches, or the Court of Audience: from these Courts to the Archbishop himself: from the Archbishop to the Court of Chancery, or to the Prince, who by the Chancellors seal appointeth judges, 24. Henr. 8. 25. Henr. 8. 1 Elizab. So in place of gradation from parish Sessions and Consistories, to classical meetings of the Presbyteries, from Presbyteries to Synods of Shires, from Synods to National Assemblies, they must step up a Popish ladder, by Archdeacons, Officials, Bishops, Dean of Arches, Archbishops, saving that at the top of the ladder they find the Prince for the Pope, to whom they must not appeal, nor yet to any greater Councils of many reformed or unreformed Churches, or to an ecumenical Council, whatsoever they talk of General Councils. Now the causes convoyed by these subordinate appellations, are all Ecclesiastical causes agitated in the Ecclesiastical Courts. Of which causes we are to treat in the third chapter.

These which belong to Canons, or Ecclesiastical laws, concern either the making of them, or the administration and execution of them, or the relaxation of them. As for the making of them, 1. in that the Prince may make new laws anent ceremonies and rites, with advice either of his Commissioners in causes Ecclesiastical, or of the Metropolitan. 2 Synod, provincial or national, may not be convocated without the Princes writ direct to the Metropolitan. 3. Nothing may be treated or determined in the Synod, till the Prince first be made privy, and give assent. 4. Nothing shall have the force of a law, till the Royal assent of the Prince be given to those things which the Synod shall think good to decree.

Beza in his 8. Epistle to Grindal Bishop of London, confesseth, that he trembleth and shaketh at the first of these heads. And in very deed it may turn upside down the whole government of the Church, and outward form of God's worship, overthrow the one, and deface the other. Did not the Bishops affirm at the examination of Barow, that the Queen might establish what Church government it pleased her Highnes? Because they dare not affirm that Princes may change anything that is unchangeable by divine law, therefore they make many unchangeable things both in government and external ceremonies in God's worship, to be changeable, that they make a change at their pleasure, and may bring in all that ever was hatched by the Antichrist, a Popish Church government, significant rites, and symbolical toys and ceremonies. For what may a corrupt Prince, and a corrupt Metropolitan, or some few corrupt commissioners not challenge for changeable? Nay, even rites of order and comeliness, and laws of things indifferent for a religious use, should be considered by the lawful and ordinary assemblies of the Church, how they agree with the general rules prescribed in the word, how they will edify the Church, how God shall be glorified, Christian charity entertained, order and comeliness preserved. For we must not consider things indifferent only in • heir general kind, but in their particular and circumstantial use; which if we permit to Princes, they may abuse indifferent things to the great hurt of the Church. Synods ought not to be convocate without the Princes privity, or the warrant of the law in general; but if the Prince be willful in denying his assent, and the Church be in extreme danger, ready to be overwhelmed or greatly disturbed with heresies, schisms, divisions, enormities, we may use the benefit of the law: and if the law of man be wanting, yet the Church should not cease from doing her duty, and exercising that power which is granted her by Christ, who hath also promised his presence, when but two or three are convened in his name. Salus Ecclesiae suprema lex esto. The power of Christian Princes in the Church is cumulative, to aid her to execute her power freely, not privative, to deprive and spoil her of any power Christ hath granted to her. And by the same reason, the Church may entreat, determine, and strengthen her decrees and constitutions with Ecclesiastical censures and punishments, notwithstanding the Prince will not assent, approve, ratify the Canons of the Church, nor confirm them by his laws, and fortify them with temporal punishments. Prudence I confess is required in the Church, to weigh the case of necessity, when to put this • er power in practice.

As for the administration and execution of laws, in that the Prince may 1. visit the Ecclesiastical state, and their persons, 2. reform, redress, and correct them, and whatsoever sort of heresies, schisms, errors, abuses, offenses, contempts and enormities of any whomsoever, 3. to assign, nominate, and authorize, when and as often as it is his pleasure, such persons, being natural borne subjects, as he shall think meet, 1. to exercise and execute all manner of jurisdictions, privileges, and preeminences in any wise touching or concerning any spiritual or Ecclesiastical jurisdiction. 2 to visit. 3 to reform, correct and amend, all such excesses, or defects whatsoever, which by any manner of Ecclesiastical power, authority, or jurisdiction, might been have been reformed, ordered, corrected, amended, or restrained.

The Princes power in visiting, reforming, and correcting abuses, enormities, errors, heresies, &c. may be seen, as in a lively picture, in the high commission, to be not only a temporal power, but also a spiritual to inflict Ecclesiastical censures & punishments. For the Prince could not communicate this power to his Delegate Commissioners, except he claimed it to himself as Principal. For none can transfer that to others, which he hath not himself. It must follow therefore that the Princes power is Ecclesiastical, not only in respect of the object, and matter whereupon it worketh, as heresies, errors, abuses, &c. but also formally in respect of the manner, to wit, by inflicting Ecclesiastical censures and punishments, unless we will affi • me that suspension, deposition, excommunication, are not Ecclesiastical, but civil punishments and censures, which were absurd. We shall entreat of the power of the high commission in the next chapter severally by it self.

As for the relaxation of the Canons or laws in that 1. first forever, when as they are altogether abrogated by the Prince. 2. for a time only, as when he granteth remission of any crime or transgression of the Canons, for times by gone and to come, when both infamy is abolished, and the transgressor is restored to his former state. 4. When the grace of the Canon is granted for time to come, to any certain person upon special occasion, the cause being tried, which (grace) they call dispensation, which is for the most part done, when the faculties of this kind granted by the Archbishop of Canterbury upon whom this office doth lie by statute, are confirmed with the great seal of England; or when, if he without just cause refuseth, the Chancellor of England, granteth them primarily, according to the statute made thereanent.

If the Prince may abrogate the canons of the Church without consent of the church, in vain were the Canons of the Church made. Or that the Church may not abrogate any canon, when they find it proveth inconvenient, is as great an inconvenience. In vain likewise are canons strengthened, and guarded with censures, and punishments, and the black marks of infamy set upon heinous crimeswith the legal effects thereof, if the Prince may abolish the crime, as simoniacall paction, or any the like, or else infamy arising upon the crime, and make petent the ports of Ecclesiastical dignities to infamous men, against the rule of the Law. Infamibus portae ne pateant dignitatum. The Prince granteth also dispensations, either primarily by his Chancellor, if the Archbishop refuse, or secondarily confirming the faculties and dispensations granted by the Archbishop, and so by dispensations may dissipate, and wound at pleasure the Canons of the Church. Now the Prince may dispense by their laws in all causes, wherein the Pope of Rome was wont to dispense of old.

The third sort of rights restored as due to the crown, which were not in use, but since the Popes authority was driven forth, concern Benefices Ecclesiastical, and Dioceses, in that the Prince may 1. enjoin the Archbishop to confirm the election, as also to consecrate the elected into the Bishopric. 2. to unite and consolidate, or to divide lesser Benefices, or Bishoprics, which were before united. 3. to grant a vacant Bishopric, or lesser Benefice, in title of trust, which they call a Commendam. 4. to translate Bishops from one Bishopric to another. 5. of two, which are nominated, to choose one to be a Suffragane Bishop. 6. to enlarge, or contract the bounds and marches of any Diocie.

Election, confirmation, and consecration, of Bishops were performed of old all at one time, and that in a Synod of Bishops. If the Prince may unite, and enlarge Diocies, and Parishes without the consent of those, who have interest, he may make parishes Diocies, and Diocies great Provinces. The competent flocks for Pastors should be measured by the Church who calleth them, and knoweth best what burden is most proportionable to their strength. Bishops should not be translated at Popes, or Princes pleasures, as it often cometh to pass in our times. The old Canons condemn this leaping from See to See. Ambitious and covetous men cannot content themselves, till they get either a fatter, or more glorious Bishopric. Some are not content of one Bishopric, except they also get the commendam and custody of another. They must not have two Bishoprics at once by the Canons, yet heir a trick, one they may have in title of a Bishopric, another by way of trust and custody till it be planted. A man may not have two wives, yet he may have two women, one as a wife, another as a Lemman. Some of them have keeped another Bishopric in commendam sixteen or twenty years, as the Bishop of Gloucester was commendatare of Bristow. Yea they may keep this Lemman all their life time, if it please the Prince to bestow a perpetual commendam. For commendams are not only temporary, but also perpetual, whereas of old they endured only for six months, or some like short space.

They enrich themselves not only with Commendams of other Bishoprics, but also when that cannot be had, with the commendams of fat parsonages, and lesser benefices. The Diocesan Bishop hath a greater task then he can commodiously expede, or else, because he is a loitering Lord, he must have a suffragane Bishop to exercise some pontifical parts of his office in some part of the Diocie, and disburthen him that far. This Suffragane Bishop is to be chosen by the Prince out of the Leits of the two presented by the Diocesan Bishop, according to the statute made 26. Henr. 8. cap. 14. Translating of Bishops, erecting and changing of Bishops Sees, union of Bishoprics, enlarging of Diocies, were in time of Popery, Papal cases, reserved for the Pope of Rome.

We say then, that the Prince, as supreme head and governor of the Church of England, is supreme judge in matters of heresy, simony, idolatry, and all causes whatsoever, hath all manner of spiritual jurisdiction united to the crown, may commit the exercise and execution of the same to others also, so that they be natural borne subjects, may confer benefices, and consequently give Pastors to flocks, may choose Bishops without Dean and Chapter, receive appellations, abbrogate canons, abolish infamy, and restore the infamous to dignities, grant dispensations in all causes where the Pope was wont to dispense, give Bishoprics and lesser benefices in commendams, enlarge, contract, unite, divide Diocies. &c. And this he may, whether he be a Christian or not, so that he be righteous possessor of the Crown: for all the particulars above rehearsed, are said to be due of right to the crown, so that true or false Christian, or infidel, male or female, man or child, have all alike right. What is due to the Christian Magistrate, is due indeed to him, not because he is a Christian, but because he is a Magistrate. A Christian Prince doth understand better how to use his righteous power, then the infidel, but he can claim no further authority then the infidel, and his power is only cumulative, as I have said, not privative. Now, whether the particulars above rehearsed belong to any Prince whatsoever, be he true or false Christian, or infidel, I think him too simple, that cannot judge.

CHAP. 2. Of the High Commission.

THE High Commission is called commission of jurisdiction in causes Ecclesiastical, it is called the high commission by the favorers of it, to strike a greater terror in the hearts of subjects.

The commissioners are partly civil, partly Ecclesiastical persons, as the Archbishops, certain other Bishops, Deans, Archdeacons, Chancellors, some of the secret counsel, and of the chief Judges, Courtiers, Aldermen, sometime the Lieutenant of the Tower, the Postmaster, and others making up a great number. But it is not requisite that all these, whose names are set down in the kings letters patents, should be present at every Session, to make up a full judicature, but power is given to any three of the number, the Archbishop being always one. As with us are nominated and appointed by the Kings letters patents to the number of forty or fifty persons, Bishops, Counselors, Noble men, Barons, Commissaries, Ministers, yet power is given to any five of them to make up the full judicature, the Archbishops of Saintandros, and Glasgow, or any one of them being of the number of the five always. And as with us, so there also, grave Counselors, and Judges, and other of honorable respect, may well be desired to be present when an incestuous person, or some other ma • efactor is brought before them, that their countenance at one time or other may bring credit to their great authority. But when a minister, or any other godly professor is to be troubled for nonconformity, or writing against crossing and kneeling, or having, or spreading of books touching reformation of abuses, and corruptions in the Church; then are they not desired, lest being present, they should perceive the mysteries of their iniquity, by which they uphold their pomp, and Lordly Domination. If there be a courtier, or new upstart that favoreth them, or dare not control them, he may well be advertised to be present.

The Archbishop hath power to associate unto himself any two nominated in the Kings letters parents, whether they be Ecclesiastical or civil persons, as for example, the Lieutenant of the Tower, and the Postmaster: as with us the Archbishop may assume any four of the number to be his assessors; as for example, Mr. Thomas Henderson comissarie of Edinburgh, M. John Weemes commissarie of Saintandros, M. James Hammilton commissarie of Glasgow, and the Chauntour of Glasgow Mr. David Sharpe, or any other four Ecclesiastical persons, or civil enrolled in the letters patents.

These three, as for example, the Archbishop, Postmaster, and Lieutenant of the Tower, have power to inquire in all heresies, errors, schisms, contempts and enormities whatsoever, which were wont to be reformed by Ecclesiastical laws, and jurisdiction, in all offenses and contempts committed against the form of their service, and common prayers, and other late statutes made anent Ecclesiastical matters, as also seditious books, private conventicles, adulteries, fornications, outrageous misbehaviours, disorders in marriages, and other offenses particularly expressed in the letters patents, and all other grievous offenses punishable by the Ecclesiastical laws of the Realm. So with us the five, as for example, the five abovenamed, have power to take trial of all offenders in life, and doctrine, or religion, or scandalous in any of these, intercommoners and recepters of Jesuits, Seminary and Mass Priests, hearers of Mass, and excommunicate Papists, (so like) recusants, or not communicants, (so like) incestuous or adulterous persous, obstinate contemners of the discipline of of the Church, and excommunicate for the same: all ministers, preachers, Doctors, or masters of Schools, Colleges and universities, all exhorting and lecturing Readers, for preaching, or speaking in public, against the present established order of the kirk, ( truth ) or estate, against any of the conclusions of the bypast general assemblies of the Kirk ( truth ) specially of the acts of general Assembly holden at Perth in the month of August 1618, ( truth ) and all disobeyers of the said acts ( truth ) likewise writers of Pamphlets contrary to any of the constitutions of the Church, or Printers of the said books and pamphlets ( truth ) or of any other books without license.

These three commissioners may authorize their drunken pursevant to break open men's studies, chambers, coffers, letternes, and search if there be any books, or writs against their Hierarchy, and the orders of their Church, and to spoil at their pleasure.

These three commissioners may convent before them, any subject of whatsoever degree, or calling, civil or Ecclesiastical, in whatsoever season of the year, earing time or harvest, from whatsoever part of the kingdom, even the remotest, for whatsoever offense reputed Ecclesiastical, even the lightest, to the great detriment and domage of the subjects. So with us, may these or any other five in the number, the Archbishop, or any one of them being always present, summon and call before them, at the times and places they shall think most convenient, any person dwelling within the kingdom of Scotland, and provinces of Saintandros, and Glasgow.

These three commissioners have power to command the Shireffes, Justices, and other officers, and subjects to apprehend, or cause to be apprehended, such persons as they shall think good, and take such bonds for their appearance, as they shall prescrive, or to commit them to prison. So may the five with us direct their warrant to the Captain and Lieutenant of the Kings guard, the Provost and Bailies of the Burgh, where they shall happen to sit, Sheriffs and Bailies of Regalities, to search, take, and apprehend, whom they please, and to present them before them.

The three commissioners have power to force any person convented before them, whom they suspect, to accuse himself upon his own oath, to answer to their interrogatories, when there is no accuser, nor article of accusation libelled against him. He must swear to answer to that, which he doth not as yet understand, not so much as in general. And to grace this oath, they call it the oath ex officio. If any person refuse to take this oath, he is forthwith committed to prison. The manner of taking the oath, is by laying their hand, or three fingers on the book, to swear by God, and the contents of the book, that they shall answer truly to such things as shall be demanded of them; and when the book is kissed, the oath is accepted, as Barow reporteth in his Discovery. And although the penalties of the statutes be never so great, as Premunire, abjuration, forfeiture of lands and goods, and some of the offenses are limited to be tried only in the Kings Bench, yet the party suspected shall be forced by this commission, to accuse himself, upon his own oath, upon such captious interrogatories, as the wit of man can devise, when there is neither accuser, nor libel of accusation, saith Nicholas Fuller in his arguments and defense of his Clients. This oath was set on foot under King Henry the 4. at the instant suit of the Prelates, for detecting and suppressing of those, whom that blind age called Lollards, that is, for suppressing of the Gospel, which was peeping out of corners. The Commons repined against that Statute ex officio, and the godly wrote against it, as a bloody Maximinian law: They were first ordained to accuse themselves, and then to be burnt. See Fox in Henry 4. The same oath do the Prelates, now make a means to suppress a due reformation of their Church, Worthy Vdal, and many more have ended their days in the prison, for refusal of this unjust, and superstitious oath.

The three Commissioners have power to fine at their discretions, to commit to prison for non compearance, or for contumacy in refusing to obey their decrees, or reputed desert of their offense, and all the Iayles, Wards, and Prisons in the land, are at their command to receive the person committed, and sent by them to prison. So with us the Captains and Constables of the Kings Wardes, and Castles, jaylors & keepers of prisons, in burgh, or land, are charged to receive, and deteyne all persons directed to them, in such form, as shall be prescribed in the warrant subscribed by any five of them, one of the Archbishops being always of the number. Neither may the imprisoned be set at liberty, but at their pleasures. And with us also the Lord's of his Ma: privy Council, are required upon the sight of any certificate subscribed by any 5. of the said Commissioners, one of the said Archbishops being always one, either of fine, imposed upō any party, or upon the refusing to compeir before the said Commissioners, to direct a summar charge of horning upō ten days for payment of the fine that shall be imposed upon them, and to direct others letters for denouncing persons that shall refuse to compeir before the said Commissioners, of the which letters no suspension or relaxation shall be granted, without a testimony under one of the Archbishops hands, of the parties obedience and satisfaction. Howbeit with them they be thus authorized by the Kings letters patents, to fine, ward, and imprison; yet are they not so authorised by the statute, whereupon the Commission is founded, which I have set down in the beginning of the first chapter. For it was ancient jurisdiction Ecclesiastical, which was restored to the Crown in that act, and meant to be executed by the Commissioners, as Nicholas Fuller avowed in the defense of his Clients. But to fine, imprison, and force any person to accuse themselves upon their own enforced oaths, their being no accuser known, nor accusation libelled, he proved, was not ancient jurisdiction Ecclesiastical, but brought in, in the second year of • . Hen. the 4. In the record of the worthy proceedings of the House of the Commons, at the Parliam. holden 1610, we have this grievance. Secondly, for that whereas by the intention and words of the said statute, Ecclesiastical jurisdiction is restored to the Crown, and your highnessly that statute enabled to give only such power Ecclesiastical to the said Commissioners, yet under color of some words in that statute, whereby the Commissioners are authorized to execute their commission, according to the tenor and effect of your • ighnesse letters patents, and by letters patents grounded thereupon, the said Commissioners do fine and imprison, and exercise other authority, not belonging to the Ecclesiastical jurisdiction restored by that statute, which we conceive to be a great •• rong to the subjects. Aud that these Commissioners might as well by color of these words, if they were so authorized by your Highness letters patents, fine without stint, and imprison without limitation of time, as also according to will and discretion, without any rules of law, spiritual or temporal, adjudge and impose utter confiscation of goods, forfeiture of lands, yea & the taking away of limb and of life it self, and this for any matter whatsoever pertaining to spiritual jurisdiction. Which never was, nor could be meant by the makers of that law. To fine and imprison at pleasure, are punishments belonging to the temporal sword, which Christ hath forbidden his Apostles, and all Pastors their successors to use. The weapons of their warfare are not carnal, but spiritual. Christ committed unto them keys, not swords. In very deed, there is no crueller beast, nor more tyrannous, then a degenerate Churchman. He is more insolent and outrageous with the Dative sword, then Princes are with the Native. Why should they not be like their eldest brother, that bloody beast of Rome. Degenerate Clergimen will either usurp the power of the temporal sword, or take it when it is offered, but • ver abuse it.

The three commissioners may inflict spiritual censures and punishments, as suspension, deprivation, deposition, excommunication. They may call for a Priest, comand him to denounce and declare in some Cathedral Church, or other public place, the offender to be excommunicated, but they inquire, cognosce, discern, and pronouuce the sentence of excommunication in their Court; and the excommunicate may be denounced long after: and howbeit the Priest should pronounce the sentence in judgment, yet he should be only like the dempster, that pronounceth the doom, or like the hangman, or poor slave directed by the judge: he neither inquireth, cognosceth, nor decerneth. Yet, if ye think the cōmissioners may excommunicate, because the Archbishop is present, ye are deceived: for his power in the high commission is not Episcopal, nor Archiepiscopall, but delegate only from the Prince, which other assessors not Bishops, have as well as he; and by this delegate power he with his two associates, as I have said, may inflict this censure upon any subject within England or Ireland, which he cannot do as Bishop or Archbishop, for their jurisdiction ordinary is limited within the bounds of their Diocie, or Province. When Spottiswood, pretended Archbishop of Saintandros, was but a rural minister in Calder; and Law of Glasgow, a rural minister at Kirkliston, possessing only the rents of Bishoprics, not authorized as yet with the office of Bishops (for that pretended Assembly of Glasgow was not yet convocated) yet were they armed with power to decern excommunication against any subject within our Realm, & to command the minister of the offender to proceed against him: and if he refused, to suspend, deprive, or ward him. They were thus armed immediately before that pretended assembly, with power of warding, • ining, imprisoning, suspending, degrading, and decerning excommunication, without the consent of the Church, or approbation of the Estates, that they might wring out of the hands of the Church at that corrupt, and pretended Assembly, EpisEpiscopall jurisdiction, which many times they protested never to usurp, before and without the free consent of the Church obtained thereunto. O perfidious violence! What we have said of excommunication, may be likewise said of suspension, deprivation, and deposition: The Archbishop doth not suspend or deprive, as Archbishop, but as the Kings Delegate, Judge, and Commissioner, by which power he may suspend or deprive Ministers out of the bounds of his ordinary jurisdiction, which no Bishops or Archbishops may do by their ordinary power. We had a late example in our own Archbishops about two years since: for when Mr. Spotiswood was at Court, Mr. Law pretended Archbishop of Glasgow, suspended Mr. Blyth, and Mr. Forrester from their ministry, which he could not do as Archbishop, for they were neither within his Diocie, nor his province. He did it then as head of the Commission sitting for the time, that is, by a delegate power from the King. To let pass, that at that same vile Assembly, no mention was made of Archbishops: and paction was only made with these men who had the benefices, for which vulgarly they were called Bishops, that excommunication, suspension, deprivation, and deposition, should not be concluded without thē, not that they might suspend, deprive, excommunicate by themselves, and at their pleasures in the high Commission, or anywhere else, but according to the damnable Canons made by that woeful, but pretended and null Assembly. Farther, the Prince may enable one or mo • lay men with this same commission, wihout mixture of Ecclesiastical persons. It is then an extraordinary power, wherewith they are enabled by the Prince to suspend, depose, and excommunicate. But the Prince hath not this power himself, and therefore by no right of God's law may he communicate this power unto them, and it is a proud usurpation over the Church to them to receive it, or exercise it. In the Parliament holden 1592. some acts, which were made in that turbulent time of the 1584 year, were repealed as followeth. Item, our Sovereign Lord, and Estates of Parliament foresaid, abrogates, cassis, and annulls the act of the same Parliament holden at Edinburgh the said year 1584. granting commission to Bishops, and other judges constitute in Ecclesiastical causes, to receive his highness presentations to benefices, to give collation thereupon: and to put order in all causes Ecclesiastical, which his Majesty and estates foresaid, declares to be expired in the self, and to be null in time coming, and of none avail, force, nor effect. Not withstanding of this repealed commission, our perfidious Prelates have resumed the same again without any law reviving it. But let us proceed, and hear what is recorded in the worthy proceedings of the Parliament above mentioned. The Act is found to be inconvenient, and of dangerous extent in divers respects: 4. for that every petty offense, pertaining to spiritual jurisdiction, is by the color of the said words, and letters patents grounded thereupon, made snbject to excommunications, and punishment, by that strange and exorhitant power, and commission, whereby the least offenders, not committing anything of any enormous or high nature, may be drawn from the most remote places of the kingdom, to London, or yorke; which is very grievous, and inconvenient,

These three Commissioners being armed with double vengeance, and power of both swords, temporal and spiritual, may strike a man at one strike, in one sentence, for one and the self same fault, both with temporal and Ecclesiastical censures, and punishments. They may depose and imprison a minister at one time for one offense: they may fine and excommunicate at one time, &c. Again, they may punish the same offense in one person with a fine, in another with imprisonment, in the third with excommunication, in the fourth with deprivation. For their own pleasures and discretions, and not the laws, ar the rules of their censures and punishments. Let us see what is recorded in the grievances. Therein (to wit in the Commission grounded upon the statute) is grievance apprehended thus. First, for that thereby the same men have both spiritual and temporal i • risdiction, and may both force the party by oath to accuse himself of an offense, and also inquire thereof by a jurie: and l • stly may inflict for the same offense, at the same time, and by one and the same sentence, both spiritual and temporal punishments. 2. whereas upon sentences of deprivation, or other spiritual censures given by force of ordinary jurisdiction, any appeal lieth for the party grieved, that is here excluded by express words of the commission. Also here is to be a trial by Jury, yet no remedy by traverse not attaint. Neither can a man have any writ of error, though a judgment or sentence, be given against him, •••• unting to the taking away of all his goods, and imprisoning him during life; yea, to the adjudging him in the case of premumire, whereby his lan • s are forfeited, and he out of the protection of the Law.

3. That whereas penal laws and offenses against the same, cannot be determined in other Courts, or by other persons, then by those trusted by Parliament with the execution thereof, yet the execution of many such Statutes (divers whereof were made since 1. Eliz.) are commended and committed to these Commissioners Ecclesiastical, who are either to inflict the punishments contained in the Statutes, being Premunire, and other high nature; and so to enforce a man upon his own oath, to accuse and expose himself to these punishments, or else to inflict other temporal punishment at their pleasure. And yet besides, and after that done, the parties shall be subject in Courts mentioned in the acts, to punishment by the same acts appointed, and inflicted: which we think were unreasonable.

The three Commissioners may not only inquire, and try, but also judge in all causes Ecclesiastical, in causes of heresy, simony, idolatry, &c. It is, I grant, provided in the statute 1. Elizabeth, that they shall not in any wise have authority, or power, to order, determine, or adjudge, any matter or cause to he heresy, but only such, as heretofore have been determined, ordered, or adiuged to be heresy, by the authority of the Canonical Scripture; or by the first 4. general Councils, or any of them; or by any other general Council, wherein the same was declared heresy, by the express and plain words of the said Canonical Scriptures, or such as hereafter shall be ordered, judged, or determined to be heresy by the high Court of Parliament of this Realm, with the assent of the Clergy in their Convocation. This provision is no limitation, unless we will say, that without the limits of the Canonical Scripture there are some heresies determined, which are not determined within the bounds of the Canonical Scripture. Seeing then they may determine in all he resies determined in the Scripture, they may determine in all herefies whatsoever, and may affirm that to be determined for heresy in the Scripture which is orthodoxal. If the commissioners, the Princes delegates, may be judges in all causes of herefie, far more is the Prince himself by their laws, and that without the provision foresaid, wherewith the delegate commissioners are circumscribed.

These three Commissioners have power to receive appellations from other inferior courts Ecclesiastical, like as the five with us have power by the Kings letters patents, to receive, and disusse, all appellations made to them from any inferior Ecclesiastical Judges, and to inhibit the said Ecclesiastical judges to proceed iu any matter, which they shall hold to be improper for them, wherein they shall perceive the said Judges to have behaved themselves partially, advocating the said matters is their own judgment. See the commission renewed Anno 1618. So they may draw to themselves any cause whatsoever, agitated in inferior courts, not only at the appellation of any notorious villain pretending grievance, but also by advocation, when they shall construe the cause to be unproper, or the proceedings of the infe • iour Court to be partial. In the narrative of the proclamation it was pretended, that this high commission is erected to stay advocation of causes granted by the Lord's of Council and Session. That forasmuch, as it hath been compleaened by the Archbishops, Bishops, and other Ministers of that his Majesty's Kingdom, that advocations and suspensions, are frequently granted by the Lord's of Council and Session unto such, as be in process before them, and their Ecclesiastical Courts, for offenses committed, whereby offenders are emboldened continuing in their wickedness, and • ing the said, advocations and suspensions, or means to delay their trial and punishment, Therefore &c. Complaint hath been made sometime by ministers, and suit to stay advocations, that the ordinary indicatures Ecclesiastical might proceed to their censures without stop, but not to change advocations. Are the Archbishops and Bishops with their associates, honester and more conscientions men, then the Lord of Council and Session? An ambitious and covetous Clergieman, is of all men the most vile and profane. Did the Bishops complain? why do they then advocate causes from inferior Courts Ecclesiastical, seeing they have usurped the sway of proceedings in Courts Ecclesiastical to themselves. Do they accuse themselves of partialitiall proceeding in inferior courts, or handling improper causes, and will these same men be less partial, and more conscientious in the high Commission? If no censure can take effect without their approbation, and appellations should ascend from inferior courts to superior courts and Synods, wherefore will they rather advocate causes to this extraordinary court of high commission? In England if a man stand willfully forty days together excommunicate, and be accordingly certified by the Bishop into the Chancery, that then▪ he is to be committed to prison, by virtue of a Writ directed to the Shriefe: as it is said in the Apology of certain proceedings in courts Ecclesiastical. And in a wr •• de excommunicato capiendo, it is said: quod potestas regia sacrosanctae Ecclesiae in querelis suis deess • non debet. The ordinary lawful courts Ecclesiastical far more then should be aided, and assisted by the secular power, and not molested or stopped. The truth is, that this high commission is erected to suppress the liberty of the Kirk, to maintain the usurped power, and tyrannous domination of our perfidious Prelates over Synods general & Provincial, Presbyteries & sessions, & to effectuate the intended conformity, which they know they will never get done in Synods and Presbyteries, unless the terror of this high commission were standing above their heads. And therefore when they urge conformity, they have their recourse to this weapon, or in Synods and Presbyteries men are terrified with the fear of it. This is their strong castle, out of which they command, and hold in slavery & bondage the whole city. Here the Bonifacian Prelates stoutly draw the two swords, fine, consine, suspend, deprive, imprison, &c. But the courageous soldier fighting the Lord's battle, will not be borne down with any such outrages, and terrors. Now as they receive appellations from inferior courts, no appellation can be made from these three, or our five, suppose their injustice and tyranny cry never so loud. I wonder if the heart of any faithful Patriot, let be conscientious professor, can digest this.

These three Commissioners may appoint inferior Commissioners, from whom also as subdelegates, they may receive appellation.

I will add out of the record of the grievances of the house of Commons these considerations. First, out of the statute, that the said act is found to be inconvenient, and of dangerous extent in divers respects: for that it enableth the making of such a commission, as well to any one subject borne, as to more. Item, for that by the said Statute, the King and his successors may (howsoever your Majesty hath been pleased, out of your gracious disposition otherwise to order) make and direct such commission, into all the Countries and Dioceses, yea, into every parish of England, and thereby all causes may be taken from ordinary jurisdiction of Bishops, Chancellers, and Arch-deacons, and Lay-men solely be enabled to excommunicate, and exercise all other spiritual censures: For that limit touching causes subject to this commission being only with these words, viz. ( such as pertain to spiritual, or ecclesiastical jurisdiction) it is very hard to know, what matters or offenses are included in that number. And the rather because it is unknown what ancient Canons, or laws spiritual are in force, and what not: from whence ariseth great uncertainty, and occasion of contention. Out of the commission grounded upon the statute. That the commisson giveth authority to enforce men called into question, to enter into recognisance, not only for appearance from time to time, but also for performance of whatsoever shall be, by the Commissioners ordered. And also that it giveth power to enjoin parties defendant, or accused to pay such fees to ministers of the Court, as by the Commissioners shall be thought fit. As for the execution of the commission, it is found grievous these ways among other. 1. For that lay men are by the commissioners punished for speaking (otherwise then in judicial places and courts) of the simony, and other misdemeanors of spiritual men, though the thing spoken be true, and the speech tending to the inducing of some condign punishment. 2. In that these commissioners usually appoint and allot to women discontented at, and unwilling to live with their husbands, such portions & allowances for present maintenance, as to them shall seem fit: to the great encouragement of wives to be disobedient, and contemptuous against their husbands. 3: In that their pursevants, or other ministers employed in the apprehension of suspected offenders in any things spiritual, and in the searching for any supposed scandalous books, use to break open men's houses, closets and deskes, rifling all corners, and secret • custodies, as in cases of high treason, or suspicion thereof.

Their commission is grounded upon a statute and act of Parliament, howbeit it agreeth not with the statute. We have not so much as a show of a statute for commission of jurisdiction in causes Ecclesiastical, and yet our usurping Prelates tyrannize over loyal subjects, faithful Patriots, conscientious professors, deserted by these, who will be counted fathers of the Common wealth, left open and naked to their violent rage, without any protection of the law, as if they were but the vile off scourings of the land. Will not the estate in Parliament redress this proud usurpation? Shall the house of Commons in their Parliament be grieved not only at the exorbitant power of this high commission, but also at the statute it self, and shall our nobles, and inferior estates not be grieved at our usurped commission? Or will they suffer the like statute, and make the country mourn and groan for it the next day, as our neighbors have done? Can Princes or estates give power of spiritual censures either to lay or spiritual men? Or may they lawfully put the temporal sword in the hand of Pastors? Or may spiritual men as they call them, accept it: If neither can be done, how can the estates erect, ratify, or suffer such a commission? What is this but the Spanish inquisition? Set me up this throne, Satan shall set up Papistry, or any other religion whatsoever in short process of time. For they sit at the rudder, and may turn religion as it pleaseth them, and when they see fit occasions, and themselves to have able power.

CHAP. 3. Of the dignity and power of Archbishops in England.

THis proud name of Archbishop is not to be found in all the Scripture. It was not attributed to any common Metropolitans at the first, but to the renow • ed and mighty Giants the Patriarchs of Constantinople, Antioch, Alexandria, and Rome, who were mounted far above Metropolitans when the time was near that the Antichrist should be mounted on horseback. But after that he was mounted, then Metropolitans that they might keep some proportion with their head, were lifted up to a degree of power above other Bishops, & invested into an office that the book of God, & the Apostolical Church never knew, to consecrate Bishops, to convocate Synods, to receive appellations frō the courts of inferior Bishops, to visit the Diocies of other Bishops within the Privince. A Diocesan Bishop that is a Bishop over many flocks, and Pastors of one Diocie, was unknown to the Apostles, far more a Bishop of Bishops, a provincial Bishop, an Archbishop having jurisdiction and power over the comprovinciall Bishops. The Church being for the most part within the bounds of the Roman Empire, the governors framed the government according to the form of the Empire, and made degrees in the Church like to degrees in the common-wale. They intended not to set up the Antichrist, but being led, partly with carnal wisdom, partly with ambition and vainglory, wittingly and willingly did that, which brought in the Antichrist, and so the mystery of iniquity, which began to work in the Apostles time, wrought on still, till Antichrist come to his full strength, and perfect age. While they were framing degrees according to the fashion of the Roman Empire, first Bishops, then Metropolitans, then Primates, then the four great Patriarchs, they were but forming the second beast according to the image of the first beast, and the Bishop of Rome, one of the four Patriarchs, became the head. Neither was the Bishop and Metropolitan so great in power before the Antichrist come to his perfect age, as they were after, and have been ever since, even to this day. They hatched him, and he hath rewarded them with greater authority and power. But giving and not granting the Diocesan Bishops to be of divine or Apostolical institution, we will in this chapter only let you see the Archbishops unlawful superiority over them.

Persons having lesser ample administration, having either judicial administration, or administration not judicial, either constitute by law, or introduced without law, constitute by law, as the administration of the ordinary Judges. They do execute it under the Prince, either in their own name, or the name of others. In their own name as Bishops, so called, either with addition, as Archbishops, or simply Bishops. Archbishops, (being in England two, Canterbury and York) are considered, either in respect of their peculiar Diocies in all respects, as other Bishops: or in respect of the whole province, according to the place, which they hold, either in the ecclesiastical state, or the civil. In the ecclesiastical estate, either according to the place, which they hold common to both the Archbishops, or that which is peculiar to Canterbury. According to the place, which is common, they are to be considered, either as in their ordination, or as after their ordination.

In the ordination it self, it is to be considered, that if they the Archbishops have not been heretofore Bishops, they must be consecrated by some Bishops. If they have been Bishops, then their election only is confirmed by some Bishops.

Metropolitans were chosen, confirmed, and consecrated of old, not by some, but by the whole Synod of the comprovinciall Bishops. But the English Bishop have no Provincial Synods to any such purpose. They have neither the Discipline prescribed in God's word, nor the Discipline of the old Bishops and Metropolitans, but the Discipline and policy which was in use in the time of greatest darkness under the Antichrist; Here also we see a sign, that they make the Bishop and their Priest of a different order. For a Priest, when he is made a Bishop, must receive a new consecration. But a Bishop when he is made an Archibishop, is not consecrated of new, howbeit he be in degree of power and jurisdiction above other Bishops.

After ordination they are to be considered, either as Metropolitans, or as Archbishops, or as Primates, or as lesser Patriarchs.

The English Metropolitans have only Bishops under them, yet, saith Mucket, they enjoy the titles, and discharge the functions of Archbishops, and Primates also. Metopolitans at the first were not called Archbishops, as I have said, but the Patriarchs greater and lesser only, to whom appellation was made from the Metropolitan. But when Metropolitans began to receive appellations, then this proud style descended to them also, as we will see incontinent, that as Bishops, they received appellations. They will extol the wisdom of the ancients in framing degrees in the Church, and yet they themselves confound these degrees, and offices, and make one man to be a Metropolitan, an Archbishop, and a Patriarch. Many degrees were made to the Pope, to climm up to his throne: that being done, then was there confusion again. We have this confusion then out of Babylon.

As Metropolitans, 1. in confirming the elections of the Bishops of his Province. 2. in consecrating these Bishops together with other two Bishops.

By the ancient Canons it was ordained, that all the Bishops of the Province should assemble to the election, confirmation, and consecration of the Bishop also, and the Metropolitan was present with the rest, as one of the number, and moderator only of the convention, and the action was common. The Bishop of Split confesseth, that by divine law one Bishop hath no greater right to consecrate another Bishop then another hath. By their own book of orders, it is not needful, that the Archbishop consecrate a Bishop, but an inferior Bishop may do it for him: yet a Bishop may not suffer a minister to ordain or say hands one a minister for him. How can they then be so shameless, as to say, that Archbishops be of divine institution; if another may consecrate a bishop as well as he, whether it be with his consent, or without it? Abbots, who have been but simple Priests, have of old ordained bishops without either commission or consent of Archbishops, as Beda restifieth. Of the form and rites of their consecration, we shall entreat in the next Chapter.

This, that they call consecration of Bishops, was not known to the purer Church. The ministers chose one of their number to be a perpetual moderator of the common actions, and called him Bishop, as at Alexandria, where he was first hatche • , and made at the first, but only perpetual president, and this was all.

3. In convocating Provincial Synods, according to the Kings rescript, 4. in moderating Synods, and giving the last voice.

Their Provincial Synods are not like the provincial Synods which we wont to have. For ours were but Synods of Shires, 4, 5, or 6 classical Presbyteries assembling together twice in the year. But their Provincial Synod is a Synod of the Bishops of one Province. All the Diocies of the Archbishop, and of his suffragane, or comprovinciall Bishops which are under him, make but one province. And seeing they have only two Archbishops, they can have but only two Provincial Synods. The Metropolitan convocateth the Provincial Synod upon the Princes letter, which happeneth very rarely. If the Prince direct his letter to any Bishop, as sometime he hath done, what need is there of a Metropolitan. For they say, we cannot have Synods, unless we have Metropolitans to convocate them; and this is a chief part of his function. If so be, why doth he not exerce his function without a particular letter of the Prince, as well as the Bishop doth in convocating his Diocesan Synod. If that be a part of his ordinary power to him, as this to the other why doth it depend on the Princes letter, and how dare a common Bishop take upon him notwithstanding of the Princes letter, that which of office appertaineth to the Metropolitan. Ye may see that this part of his function also, is not of divine institution, that is so dependant and changeable at the pleasure of princes, as they confess themselves; Neither is it requisite of necessity to have a Metropolitan to convocate Synods, for Synods at the first assembled without Metropolitans. And in our age, both in our own, and other reformed Churches, Synods have assembled, where there is no Metropolitan. Nay rather, Synods would be more frequently convocated, if they were altogether removed: it is so far from the truth, that either we cannot have Synods, unless we have Metropolitans, or that God hath ordained in his word that they should convocate Synods. For we have no Synods Metropolitical, but only Diocesan, since Metropolitans have been set over our heads, nor yet national, but seldom, and dressed before hand for their purpose. If it be not of divine institution, that the Metropolitan should convocate Provincial Synods, neither is it to moderate. And as for necessity there is none, as experience of our own and other reformed Churches can bear witness: yea in their own last Synod, Ban • roft Bishop of London was president. It may be that it was his Papsticall office, which he had of old. For in the Catalogue of the seventy Archbishops, Canterbury is made the head of all • ur Churches, all Bishops sworn to Canonical obedi • nce of that Archbishop, and defense of all privileges and liberties of that seat. Where the Bishop of London is his Dean to call Synods, to publish his decrees, to make return of the execution, Wincheste • his Chancellor, Lincoln his Vicechancellour, Salisbury his Chaunter, Worcester his Chaplain, Rochester his Cross-bearer.

As Archbishops 1. in receiving of, and answering to appellations interposed, & made from his Suffragane Bishops. 2. In visiting the whole Province according to the laws and custom.

As the Bishops have suffragane Bishops under them, so the Bishops themselves are Suffragans to the Archbishop. They are not his suffragans, as he is Metropolitan, but as he is Archbishop. So that as Archbishop he hath greater authority then he hath as Metropolitan. For as Metropolitan he must do nothing without a Synod in the Dioces of another Bishop, neither by receiving appellation, nor by way of visitation. But as Archbishop he may receive appellations, and visit the Dioces of his Province without a Synod, as being not only superior in honor, and priority of order, but also in power of jurisdiction. And for this his greatness, which he attained unto, he beareth the proud title of Archbishop. The old Bishops knew no other but a Metropolitan, & the Provincial Synod assembling twice in the year, to the which appellations were made. It is troublesome, say they, to call Synods so often, Dioces are so large, and the Synod should be wearied to stay till all the appellations of inferior Courts were decided. Here a notable trick. First they say, it is needful to have Synods, and therefore needful to have a Metropolitan. This again they cross and say, there is no need of Synods, it is difficile and incommodious to have two provincial Synods in the year, as of old. The Archbishop may do all that the Synod did, receive appellations, visit and correct the excesses and defects of other bishops, only he may not make Canons and Ecclesiastical laws without a Synod. Neither is there any need of new Canons, the old are sufficient. But I would demand, why Synods may not be so easily, and so often convocated as of old? Is it because they have their Diocies extended over one, two, or three Shires, and the province extended almost as far as the kingdom: as Canterburies province in England, and Saintandros in Scotland. Their wings should be clipped, their Diocies and provinces contracted and multiplied, if that the Discipline of the old Bishops were to be preserved, that Synods may assemble. But before they loose any part of their extensive power, and large impire, they will rather retain the corrupted discipline brought in under Antichrist. If they will say on the other side, the Diocies were as ample of old, then why do they pretend to their loitering in their own, or the Kings palaces, the distance of their Diocies. And if they will not convocate Provincial Synods twice in the year, what is the reason that they will not convocate once in the year, or as was concluded in the Council of Basil, once in three year? Ye may see, that this corruption is so gross, that it was palpable in the time of most palpable darkness. Again, Synods did not assemble only to make Canons, but also for to put order to all causes Ecclesiastical. Farther, there is continual occasion to make new Canons, and also to reform or repeal old corrupt canons. Neither do Synods need to stay long upon appellations. if the Church should meddle only with causes properly Ecclesiastical, and the ancient judicatories inferior were restored of presbyteries, and consistories. But to medle with tithes, testamentarie and matrimonial matters, and to set up Archdeacons, Officials, and Chancellors, and the rest of that • able, it may well procure moe appellations, then a grave and godly Synod should be troubled with. When all is done, yet Canterbury doth not, nor will not take the pains as by himself to decide the appellations. He hath • Court, which they call the Court of Arches, wherein sitteth as Judge, the Dean of the Arches, he hath to do with appeals of all men within the province of Canterbury. Advocates there be in this Court 16. or moe, at the pleasure of the Archbishop, all Doctors of law, two Registers, and ten Proctors. And another Court, not unlike unto this, which they call the Court of Audience, which entertaineth the complaints, causes, and appeals of them in that province. So ye see, what way the ancient Synods are gone. Neither to direct by making Canons, nor to execute them being made, should be permitted to the pleasure of one man. And yet by the way remember, that the Prince with advice of the Metropolitan▪ may make Canons also. Howbeit the Archbishop be made up with the spoils of the provincial Synod, his grace may not attend on the •• scharge of the Synods care and jurisdiction. And whereas he may visit if he please, the whole Diocies of his province, do ye think he will take the pains himself? who then shall • attend on Court and Council? Yea I suppose that seldom he sendeth his Chancellor, or any other for him. By the Canons of the Council of Trent, the Archbishop may no visit the Diocie of another bishop, unless the cause and necessity be first tried in the provincial Synod: so that the fathers of that superstitious and bloody council, were ashamed of the Archbishops exorbitant power which the English retain. And the English say, that during the time of the Archiepiscopall visitation, whereby the jurisdiction of the ordinary is suspended, that Ecclesiastical jurisdiction which he practiseth, he doth exercise from, and under the Archbishop, as his deputy. The Archbishop may with the Princes consent without a Synod depose a bishop, saith Whitgift. If bishops be such vassals to Archbishops, what slaves think ye poor ministers be?

As Primates, or lesser Patriarchs, 1. of right, as to admit appellations from inferior judgments immediately. 2. of the prescription of time, to have the custody of Ecclesiastical jurisdiction during the vacancy of any Episcopal See within his own province.

York is styled Primate of England, and Canterbury Primate of all England. There is a fine composition of an old plea. what they may not do as Metropolitans, they may do as Archbishops, and what they may not do as Archbishops, yet they may do as little Patriarchs. As little Patriarchs they may receive appellations immediately. So where one may not make a leap from the Archdeacon or his Officiall to the Archbishop, and pass by the Bishop. Yet he may leap over him to that same man, as he is Patriarch. And as for custody of spiritual jurisdiction, during the vacancy of the Episcopal See, that was the right of Dean and Chapter.

According to the place peculiar to the Archbishop o • Canterbury, 1. every Bishop of his province confirmed by him, must exhibit to him a Chaplain, till he provide him some sufficient benefice. 2. As Primat of all England, he may grant letters of tuition, whereby the appellant may prosecu • e his appellation without molestation offered to him in the mean time.

The Bishops have their Chaplains, as Princes and Noblemen have, more for pomp and glory then for any necessity or utility. For they will be inferior in nothing to the great Nobles, that concerneth pride of life. Noblemen for pride will not join themselves with the parish, where they are members, to worship God jointly with them, as members of one political body, but must have their servile and flattering Chaplains at home: yet they spoil many parishes to entertain their beneficed and non-resident Chaplains. Will the Bishops be behind them in this? Nay, they will be as noble in this trespass as the noblest, and the Archbishop will lead the ring. Take this unclaime of appellations from him, his letters of tuition are deer of a doyt.

According to the place, which they hold in the civil estate, either as common to both, or as peculiar to any one of them. Common to both, either by the common Municipall law, or by the grant of Princes. By the common Municipall law, either in things Ecclesiastical, or in things civil. In things Ecclesiastical, in which they have this prerogative, to receive and register the probate of wills, and to grant to the party succeeding the administration of the goods of the person dying intestate, having at the time of their death, Bo • a Notabilia in divers Diocies or jurisdictions of their Province.

The Archbishop hath a Court which is called the Prerogative Court, in which the Commissary sitteth upon inheritances fallen either by intestate, or by will and testament. By the 92. Canon of the Constitutions made Anno 1603. All Chauncellours, Commissaries, or Officials; or any other exercising Ecclesiastical jurisdiction whatsoever, are commanded to charge with an oath all persons called, or voluntarily appearing before them, for the probate of • ny will, or the administration of any goods, whether they know, or moved by any special inducement, do firmly believe that the party deceased, (whose testament & goods depend now in question) had at the time of his, or her death, any goods, or good debts, in any other Diocie or Diocies, or peculiar jurisdiction within that province, then in that wherein the said party died, amounting to the value of five pounds. And if the said person shall upon his oath affirm, That he knoweth, or firmly believeth, that the said party deceased had goods or good debts in any other Diocie, or Diocies, or peculiar jurisdiction within the said province to the value aforesaid, and particularly specify and declare the same: then shall he presently dismiss him, not presuming to intermeddle with the probate of the said will, or to grant administration of the goods of the party so dying intestat • : and shall openly and plainly declare and profess, that the said cause belongeth to the prerogative of the Archbishop of that Province, willing and admonishing the party to prove the said will, or require administration of the s • yd go • s in the court of the said prerogative, and to exhibit before him the said judge, the probat or administration, under the s •• l of the prerogative within 40 days next following. In the •• 〈◊〉 Canon the Rate of Bona Notbilia liable to the prerogative Court, is defi ••• 〈◊〉 amounting to the value of five pound, at least, 〈◊〉 and de • laring, that who so hath not good in then, to the said sum or value, shall not 〈…〉 to have Bona Notabilia. unless in any Diocie by composition or custom, Bon • Natabilia be rated at a greater sum. Here the Archbishop hath a Court for testamentary matters, which are mere civil, and belongeth no ways to a spiritual Court▪ which may and ought to be heard and determined in Courts temporal.

In civil things is 1. to have the title of Clemency, which in English we call Grace. 2. to have praecedencie before all the Peers of the kingdom.

This title and style of Grace is not granted to any inferior to a Duke, so that they have a • tile above Marquises▪ Earls, and Vicounts. They mock at Christ's words Luke 22. 25. when they say, that Christ forbad his Disciples only to be called bountiful or benefactors, but not to be called gracious Lord's. For Christ forbidding his Disciples to bear civil rule and temporal domination, forbad them the stiles, which were attributed unto, or usurped by civil Princes, and magistrates, to set forth their pomp and power, and for example he alledgeth that style which was given to some of the kings of Egypt, by one style meaning all other of the like kind. For as he forbad them not only to be like the Kings of Egypt, but generally like the kings of the nations, so the titles of all secular Princes and Rulers, that rule Nations and kingdoms, are forbidden. Farther, there is greater pomp in the style of Grace, then of benefactor, and less truth: for there are none so graceless, unclement, and cruel scoutges in the hands either of Popes or Princes to scourge the Church of Christ. These base fellows must also have place before the greatest Nobles in the land, and the chief seat in public conventions, and parliaments. Canterbury must have place before the chiefest officers of the kingdom, York before all except the Chancellor like the ambitious sons of Zebedee seeking to sit the one at the right, the other at the left hand of Christ in his kingdom, which they dreamed should be a glorious worldly Monarchy. They have also trains of men to attend upon them, greater then many Noble men, and some to bear up their tail, which no Noble man hath. Fie. The Doctors of the civil law attend in their Scarlet robes upon Canterbury his grace, when he passeth through Paul's. And as I hear, when any come to his Chamber of presence, they must hold off their hats, howbeit his grace be not present himself. We shall see more of their pomp in the next chapter.

By the grant of Princes, as Immunities, liberties, &c. in their own large fields or possessions.

Their immunities, liberties, privileges and jurisdictions in their Baronies and large possessions, are but temporal, nothing availing to further and advance Christ's kingdom. The particulars are best known to them, who have seen their charters.

Peculiar to any one of them, to wit, either to York, as to have the praecedence before all the officers of the kingdom, except the Lord Chancellor. Or to Canterbury, as 1. to take the place before all the officers of the kingdom: whence it is, that he is called the first Peer of the Realm. 2. to inaugurate the king at his coronation. 3. to receive the rents of the lands, which hold of him in homage, while the heir is minor, not past 21. years, howbeit the same heir hold other lands in chief of the crown. 4. to hunt with his own hounds in any park within his own province.

Bishops are made Peers of the Realm, and Canterbury is the first Peer, therefore he must have place before all the officers of the kingdom: whereof we spake before. He must inaugurate the king at the coronation, which is a duty not appertaining to him: for the rites of coronation are not parts of the pastoral charge. And suppose they were, they belong no more to a bishop then to a minister, or to one bishop more then to another. For if there were no more, but to make an exhortation, to conceive a prayer, and bless, a minister may do that as well as a Bishop, or a bishop as well as an Archbishop. Bishops have vassals under them as noble men have. William the first ordained Bishoprics & Abbeys, which held Baronies in pure and perpetual alms, and until that time were free from all secular service, to be under military or knights service, enrolling every Bishopric and Abbay at his will and pleasure, and appointing how many soldiers he would have every of them to find for him, and his successors, in the time of hostility and war. As they became vassals to kings & Emperors, so they labored to have many vassals under themselves, insomuch that noblemen became their vassals. The Earls of Gloucester had lands of the Bishop of Canterbury on this condition, that they should be his stewards at his installing. And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service, till the perfect age of the heir, yet the lands which hold of the Archb▪ ar excepted. Pastors & ministers should be content of their stipends, not meddling with superiority over vassals, personal or real wards. Their bishops have parks & ponds, besides their palaces, for hunting & fishing. Canterburies grace may hunt in any park within his own province, that is through all England except 4. diocies, a pastime condemned by the ancient canons in clergy men. Jerome saith, he never read of a hunter that was a holy man.

B • s • atu • e, as to grant the Grace of the Canons, and other Ecclesiastical laws, through all the Dominions of the English Empire, which (grac • s) they call Faculties.

C • nterburie hath among other courts, a court, which they call the court of Faculties, wherein there is appointed a chief President, who heareth and • onsidereth of their grievances and requests, that are petitioners for some moderation, and easement of the Ecclesiastical law, sometime, as they pretend, overstrict and rigorous and a Register beside, who recordeth the dispensa • ions. The Laws of God may not be dispensed with. If Ecclesiastical constitutions, which are made by men only be too strict, their rigor may be relaxed, when and where there is a necessity. This necessi • y ought to be considered by the Ecclesiastical Senate, and not reserved to the Ar • hbishop of Canterburies grace, to be given, or 〈◊〉 sold at his pleasure. For in this court of Fa • ulties, dispensations are set to open sale, as at Rome as the admonition to the Parliament doth • port▪ If there be a just cause to remit of the rigor of the Ecclesiastical law then ease • meant should • be granted to the petitioner without money. If • here be not a relevant cause, then there should be no dispensation granted at all let be for money. So this power to dispense with Ecclesiastical laws, is to dissipate the Canons of the Church, & to wound th • se which are yet whole and sound.

I • was enacted, 25. Henr. 8. that the Archbishop of Canterbury for the time being, and his successors, shall have power and authority from time to time, by their discretions to give, grant, and dispense by an instrument under the seal of the said Archbishop, all manner such licences, dispensations, compositions, faculties, grants, delegacies, instruments, and all other writings, as heretofore have been used, and accustomed to be had and obtained at the See of Rome, or any person, or persons by authority of he same. Provided always, that no manner of dispensitions, licences, faculties, or other res • ri • ts, or writings hereafter to be granted by the Archbishop, or his commissary, being of such importance, that the tax for the expedition thereof at Rome, extended to the sum of four pounds, or above, shall in any wise be put in execution, till the same lic • nce, dispensation, faculty, rescript, or other writing, of what name or nature soever it be, be first confirmed by his 〈◊〉 , has heirs, or successors, kings of the Realm, under the great seal, and enrolled in the Chauncerie in a Roll by a Clarke to be appointed for the same. It was therefore justly written by Mr. Cartwright that the Archbishop (saving profession of obedience to the King) was made Pope in the Bishop of Rome's place, and that he exerciseth untollerable and filthy Marchandise.

These faculties are to be considered, either particularly, or generally, 1. particularly, such as are often granted after summary examination and trial of the cause, as 1. to appoint public Notaries, 2. to give license to the sickly, women travelling with child, aged and diseased persons, to eat flesh on forbidden days, for some political respects, 3. to solemnize matrimony, howbeit thrice open publication of the Banne • hath not preceeded. 4. In cases which belong to benefices.

Notaries, which are called Registers, are appointed by Bishops, and Archdeacons respectively. Public Notaries appointed by Archbishops, serve, as I suppose; the Diocies of the whole province. Seeing they have such manner of courts and officers under them, depending wholly on them, it is no wonder, that they have this prerogative engrossed in their hands also amongst many moe▪ If he grant license to eat flesh only for political reasons, wherefore are the same fasting days, or days of abstinence from flesh observed, which the Papists observe? wherefor doth the curate in time of divine service make public forewarning of these days, as they are to fall in the week following? and why are not politick judges appointed to grant such licences? It is the old superstition then, not new policy, which is respected. Do none obtain licences but the diseased, aged, &c. and obtain they licences without money? The 101. canon of their last constitutions, giveth power to the commissarie for faculties, to grant license for marriage without 3▪ proclamations preceeding, only to persons of good state and quality, as if persons of mean estate or quality, could not have as necessary a cause to seek relaxation of 3 proclamations. But if there be any quantity of money in the purse, the person is of sufficient quality. By these licences, children are sometime married without consent of their parents, and sometime the heir is carried away, and married without further notice. Precontracts are deluded, persons having interest which might take exception, not being publicly warned: a way given to clandestine marriages • the congregation mocked, when two of their members are joined in marriage, they know not where nor when. As for taking caution & security to make good the conditions required of of them, yet saith the defender of the last petion for reformation, that licences have been abused, as much as before, and that the strength of the canon dependeth upon the bonds of the sureties, which may be knights of the post, and men of no worth.

In causes which concern benefices, as 1. to abolish irregularity, not willfully contracted.

Irregularitie is an impediment of the Canon law, which enableth a man to take on orders, or to minister into them, and consequently to be admitted to benefices, or to enjoy them. All the Popish irregularities, which are not expresselie taken away, either by their late canons, or statutes of the Realm, stand still in force with them and they may observe them, as they please. To sit in judgment upon blood, was irregularity of old, yet these Bishops, make no scruple of it, or any other thing may serve to advance their greatness. That which was reckoned amongst irregularities, but was in very deed a divine, and not a Canonical impediment brought in by man, they made least account of, to wit, the irregularity of apostasy. For they allowed Popish massemongers, men for all seasons, K. Henries Priests, K. Edwards Priests. Qu. Mary's Priests to be preachers of the Gospel in the days of Qu. Elizabeth, as the authors of the admonition to the Parliament do testify. When they would cover their Apostasy with Peters fall Mr. Cartwright maketh this distinction. Peter denied Christ cast down, or in time of his humility, they have denied him risen from the dead, ascended up into heaven sitting at the right hand of God in glory: Peter did it to save his skin, they to save their honor: he for his life, they for their living. I speak favourably: for otherwise I might say of some▪ that they did it not only to save that which they had, 〈◊〉 to get more unto it. Peter did it privately, and 〈◊〉 corner, they in set and open judgment: he only denied that he knew him, or that he was one of his Disciples, but spake no evil of him: they affirmed, that they knew the Gospel to be naught, and so spake evil both of Christ and it: he did it suddenly, and at a push▪ they deliberately, and with time given to consult: he although he forsook his master Christ, yet never served the Scribes and Pharisees, which were the enemies of Christ; they did not only forsake Christ, but served in the courts of his sworn enemy the Antichrist. And again, they at one clap have renounced him with mouth, and subscribed against him with their hand, and where he forswear him once, they have forsworn him oft, according to the member of Dioceses, where they have their livings, and diversity of times, wherein such thing • have been required. Peter was called immediately by Christ himself, and not by man, and after his repentance comforted, and confirmed in his Apostleship. Christ was the Law-maker, and might dispense with his own law. But the Levites which went astray after idols, shall not come near unto me to do the office of a Priest unto me, nor • om • near to any of my holy things in the most holy place: but they shall bear their shame, and their abominations, which they have committed, Ezek. 44. 13. Notwithstanding of their repentance, they were not restored to the Priesthood again. If they do unfeignedly repent, they may be received again into the besom of the Church: but because of the skar which remaineth after the deep wound of their fearful Apostasy, they ought not to be restored to their degree of office in the Church. Men proving inconstant in the faith, are not fit to be made captains in the Lord's armies. Bastardy is no true irregularity, or just impediment to enable a man to receive orders. If it were not too tedious to run over and apply all sorts of irregularities, we should find an huge number of irregulars by the Canon law, amongst their Clergy men.

2 To abolish likewise simoniacall suing for promotion to benefices, or orders.

Their Simony cannot be expressed more vively, nor contrived more succinctly, then it is already by Mr. Brightman on the Revelation. But specially their beggarlinesse in suing for livings, is notorious. For let us take a view, and make a general muster as it were of the whole Clergy, and if you will let us begin it the basest underlings. The Curates, as they call them, are both in very deed, and in all men's account, a company of beggarly follows. In whom a man may see that verified which was threatened against the family of Esi; men bowing themselves to the ground for a piece of silver, or a morsel of bread, and craving to be put into one of the Priests offices, that he may have a snap at a crust of bread, 1. Sam. 3. 36. Now for the rest, those that by means of their more full purses, walk more lustily, such as we call sturdy beggars, what running up and down is there among them, what bribing, what importunat and impudent begging, what flattering offers do they make of all their obeisance, and dutiful complements, that they may come by these Ecclesiastical promotions? You may see many of them, that post up to the Court, or to the house of the right honorable, the Lord keeper of the great seal: for these two places are like to the beautiful gate of Solomon's temple, Act. 3. 2 Men come in this way apace, thich and threefold, and they are in great hope to carry away some good relief. Others there are that become followers of Noblemen, and P • eres of the land, whose Chaplains they become, either household or retainers, as I may call them, that live under their protection, for what end, trow ye? Even for this and no other, that as soon as any benefit, as they call it, shall fall void, they might enjoy it by the Lord's gift. And doth not this, I pray thee, see to be an honest way to get a Church living, no such base and beggarly one as you speak of? But is not this currying of favor mere beggary? Is it any whit a less filthy thing to come to a rectorie (or Personage) by favor then by money? If we will judge indifferently, it is all one fault to creep in, whether it be by bribing and simony, or by fawning and flattery. The rest of the rout in the Country are diligent in attending the common sort of Patrones, whose thresholds they lie watching at, whose wives they brave and court, as if they were their mistresses, whose children they cogg with, whose servants they allure with fair words, and promises, to be their spokesmen, and in every place and point they play the parts of miserable beggars. Some there are that beg more craftily, like to those that sit in the high ways, or in places where two ways meet, and there they offer pilled rods to passengers, to get a piece of money • therewith as it were a pennieworth for a penny. So do men make way for their suits, by large giving of money in hand, or else by compacting to give some of their yearly tithes for a gratification. But some man will say, all this is not the corruption of the Laws, but the corruptions of men. Nay surely, as long as that manner of conferring Ecclesiastical charges taketh place, which hath been in use among us to this day, there can be no remedy applied to cure or prevent this beggarliness. Do we not sufficiently find it to be true in experience? In the late Parliament, Laws were enacted severely against it. But what came of that? nothing truly, but that it made men deal more closely and cunningly, to cosen the Law. We must not think to do any good with our laws, where Christ's laws are not observed. But to proceed, whence once the living is by beggary obtained from the Patron, what a deal of begging work is there to come, for those Sir Iohnlack latines, that institution might be had from the Bishops. Here he must supplicate, not only to the right reverend Bishops, but to Master Examiner, to my Lord's Groom of his Chamber, his Register, the Yeoman of his Buttery, and Larder, yea, the meanest, that belongeth unto him. Not that want of Latin▪ and learning will keep him from entrance into his benefice; but that he that hath need of money for dispatch, or speech with my Lord, or the like, must fee the servants the better, whose gain cometh trowling in this way. There is no Castle so defensed which a Latinelesse asse laden with golden mettell, may not scale and conquer. Neither is there only almost so unfit, that hath the repulse, but by what engines he prevaileth, let them look to it. The like is the condition of Praebendaries, Archdeacons, and Deans. Nay, are the Bishops themselves clear of this base beggary? What meaneth then, that continual haunting of the court, and hanging upon the Nobles? Why do they not stay and wait, till they be sent for? yea why are they not rather pulled away from their studies against their wills? Nay rather, if a man should appeal to their consciences, whether a • not some of those fat demeasnes of their Bishoprics let out of their own accord, to such as they seek, and sue to, that might farm and hire them, or else are there not other large bribes covenanted to be given to such, as shall stand them instead, for attaining of those dignities? But are th • y only thus beggarly in their ambitious suing for their promotions? Nay truly some of them are grown so extremely base this way, that if they be to change their See, they pay not their first fruits, but by racking together in a filt • y fashion, an alms from the poorest vicars, which yet must go under the name of Benevolence, to make a cleanly cloke withal.

The price of simony is not only a gift in the hand, of money, but also the servile flattery of the tongue, prayers and solicitations, and officious services of the body. Some Bishops have made their porters ministers, as the author of the petition to the Queen doth witness. Simony is compared to the leprosy of Gebezi, but they have a water to cleanse it, the Archbishops court of faculties, where the Simoniacal person may be washed, by a gracious, but a costly dispensation.

3. To grant a vacant benefice in title of trust (which they call a Commendam) either for a time or during life.

We alleged before an example of him that was Bishop of Gloucester, and withal commendatare of the Bishopric of Bristow 16. years altogether, by the late Queens dispensation, as witnesseth Godwin of Landaffe in his commentary of the English Bishops. Bishops are not content with commendams of Bishoprics, but to make their Bishoprickss more corpulent & fat, they take also fat parsonages, vicarages, and Prebends, in commendams.

4 That the son may succeed immediately to his fathers benefice.

If the son claim kindness, as we call it, to his fathers benefice, he ought to be repelled, and no dispensation should further him: for the ministry doth not now descend by generation, as in the tribe of Levi. But if he be sought, lawfully chosen, and called by the Church, he may very well be admitted to his fathers benefice, without the dispensation of any Archbishop.

5 That for a time, and for some weighty cause, the beneficed person shall not be bound to make residence, but may serve by another that is sufficient.

Beneficed men are licenced to take up the rents of the benefice, without making residence on their cures, and charges. The Chaplains of the King, Prince, Noblemen, and Bishops, take up the benefices of their parishes, and live notwithstanding at Princes, Noblemen, and Bishops houses. Mr. Leaver preaching before K. Edward 6. said, Now my Lord's both of the Laity and Clergy, in the name of God I advertise you to take heed, for when the Lord of all Lord's shall see his flocks scattered, spilled, and lost, if he will follow the • rack of blood, it will lead him straight way unto • his Court, and your houses, whereas those great thieves, which murder, spoil, and destroy the flock • of Christ, be received, kept and maintained. Hooper, preaching before the said King, said, that his Majesty should begin at his own Court, and compel the Chaplains to serve th • se souls, that labor for their livings, otherwise he should put his own soul in danger. The Courts then of Princes, Nobles, Bishops, and others, are the first denns of these soul-murderers. The second rank of dens wherein they lurk, is the universities of Cambridge, and Oxford. There the fellows of their Colleges, benefice • persons do make residence, & not at the Churches to which their benefice • belong: but, as a Countryman of their own • aith, melting and dying there, like snayle • within their shelts. The third sort of Non-residents, are Deans and Prebendaries, lurking in their Cathedral Churches, as in dens, devouring the benefices of Parishes lying far • off in the mean time. Others are permitted to take on orders, and to receive a benefice, and after, as insufficient to go to the universitie to learn for the space of 3 years; and all this time the parish doth perish with the famine of the word. The beneficed parson who is non-resident, oftentimes cannot preach, howbeit he • were willing: many other Non-residents there are, wandering vagabonds, which are not lurking in any of those dens. Some have hirelings to preach monthly or quarterly sermon • for them, to their flocks: But because they ar • hirelings, they carry not true love to the sheep▪ but only serve for a little hire to the beneficed parson, and performeth the task agree • on betwixt them; not thinking to render account one day to the Sheep-master, but answer only to the Sheepheard, the beneficed person, whose wages he receiveth. Therefore he dealeth not with the conscience, but perfunctoriously performeth his prescribed task for his hire; for he thinks the sheep not his charge. but M. Parsons. They are like the Philistim Priests, which laid the Ark of God upon a cart, and hurled it with Oxen, which they should have carried themselves. Although I speak herein too favourably of the greatest number of them, which do not bestow so much cost, as a new Cart, and a draft of Oxen will come too, saith M. Cartwright. For they have learned their husbandry of him, saith he, which teacheth that always it standeth a man in least, which may be done by a poor asse.

6. That a Layman studying to letters may retain a Prebend, and yet not be compelled to take on the Ministry.

If the office of the Prebendarie be necessary, then the Prebend ought not to be bestowed to another use. Then again, to bestow it on a Lay-man, and not to prepare him for the use of the Ministry, is far from the intention of the donatour.

7. That a man entered in holy orders, and otherwise qualified according to the Laws, may enjoy two Ecclesiastical Benefices, if they be Benefices of Cure within a certain distance; if without cure, without respect of distance.

Pluralitie of benefices doth include also nonresidence. For the pluralist cannot make residence at 2. or 3. divers parishes at once. By statute made 21. Henr. 8. it was provided, that spiritual men being of the kings Council, may purchase license or dispensation, and take, receive, and keep three Parsonages or Benefices with cure of souls, Chaplains to the King, Queen, Prince or Princes, or any of the Kings children, brethren, sisters, uncles or Aunts, two parsonages or benefices with cure of souls. Every Archbishop, and Duke may have 6. Chaplains, whereof everyone may have two Parsonages or Benefices with cure of souls: a Marquise of Earl five Chaplains, whereof every one may have two Parsonages, or benefices with cure of souls. Every Duchess, Marquess, Countess, and Baronesse, being widows, two Chaplains, the Treasurer and Controller of the Kings houses, the Kings secretarie, and Dean of his Chapel, the Kings Amner, and the master of the Rolls, two Chaplains: the chief Justice of the Kings bench, and the warden of the five ports one Claplaine, everyone with two benefices of cure of souls, Lord's sons, Lord's brethren, knights sons, Doctors and Batchelers of divinity, Doctors of Law, and Batchelers of the Canon law. Provided also that every Archbishop, because he must occupy 8 Chaplains at cons • cration of Bishops: And every Bishop because • e must occupy 7 Chaplains, at giving of orders, & consecration of Churches, may everyone of them have two Chaplains over and above the number above limited unto them, whereof everyone may purchase license of dispensations, and take, receive, and keep as many Parsonages, or benefices with cure of souls. In the Record of the worthy proceedings, it is said, that by the provisoes of that statute, the Kings Chaplains may have as many benefices as they can get, without stint, and some others may have 4. benefices with cure at one time in several counties, and some two benefices and yet be resident upon none of them, so long as he attendeth upon his Lord and master, which is a thing intolerable in a Christian common wealth.

One person will have a mastership of a College in one corner of the land, a Deanrie in another, a Prebend in the third, as Mr. Cartwright reporteth. The author of the petition to the Queen reporteth, that many have three or four benefices scattered one from another an hundred miles. In the 41. Canon of the late constitutions, it is licensed only to such as have taken the degree of a Master of Arts, at the least in one of the universities, and be public and licenced teachers, to have moe benefices with cure, then one, providing the said benefices be not more then 30. miles distant asunder. But what saith Brightman to the like Canon made before. What hurt have masters of Arts done thee, or how have they offended thee, that thou shouldst owe and do unto them this mischief, to make them in the first place guilty of so great a sin? Thou confessest that plurality is evil, and a thing to be suppressed, and yet thou givest them leave in thy indulgence to be infected with this pestilent disease. Doubtless it is a notable privilege of their degree, that they may be naught before any others. Pluralitie of benefice • distant 30. mile, doth include non-residence, as well as of an 100 mile. The Sun is farther distant from us then the Moon, yet it is not possible for us to touch the Moon. The last petition for reformation relateth that double beneficed men are suffered to hold some 2 or 3. benefices with cure: and some 2, 3, or 4 dignities besides. The defender of the said petition doth report, that their double beneficed men are almost sance number. If benefices without cure of souls, require notwithstanding an office, and attendance upon that office, he cannot lawfully enjoy it together with a benefice of cure. It is observed by some, that there is not one almost of their bishops, but he was first a Non-resident or pluralist, or else he could not have had sufficient means to obtain the bishopric.

Generally: whence it is, that the Archbishop may dispense in all causes not repugnant to the word, if heretofore they have been used or accustomed to be had at the Sea of Rome, or if not accustomed to be obtained at the Sea of Rome, if the Prince himself, or those who are of his secret council do permit.

We heard of some special dispensations before: now we hear that the Archbishop may dispense in all causes dispensed heretofore by the Pope of Rome, and more also. The Pope was never duly qualified to be a lawful dispenser, no more is the Archbishop. Where it is said, if the matter it self be not repugnant to the word of God, it is to no purpose: for the Pope will not say, that he dispenseth in any thing repugnant to the word of God, howbeit he doth it in effect, and so doth the Archbishop. For simony, non-residencie, plurality of benefices, readmission after the irregularity of apostasy, observation of superstitious days and times, not eating of flesh in Lent and forbidden days, which are here expressed, are repugnant to the law of God. Therefore he may take the like libereie in usury, perjury, incest, marriage within degrees of the Levitical law, and the rest of the cases and causes which were reserved to the Pope of old.

It is not without reason then that the authors of the Admonition call this Court a filthy quagmire, and poisoned plash of all abbominations, seeing the filth of all these abominations are washed here, and the guilty person cometh forth after the Archbishops dispensation, as white as snow, leaving his filth behind in that Court.

Beside the Prerogative Court, the Court of Arches, the Court of Audience, the Court of Faculties, the Archbishop hath yet another Court, called the Court of Peculiars, which dealeth in certain Parishes exempt from the Bishops iuris • iction in some Diocese, and are peculiarlie belonging to the Archbishop of Canterbury. He hath also inferior Courts, such as other Bishops have. You see then, Canterbury is a petty Pope, or according to Bancrofts reckoning, a vice-pope, made up of the old spoils of comprovinciall Bishops and Synods, and also with the new spoils of the Pope, being armed beside with the Kings delegate temporal power in the High Commission, and so greater in his intensive power, then ever he was in time of Popery. And when the union shall be accomplished, shall be greater in his extensive power also, with his Courts over-ruling our Nation, and shall be vice-pope of this little World, O if faithful Patriots would forsee and prevent this. The least of their Ceremonies will prepare a way to this mischief.

CHAP. 4. Of the Dignity, and Power of English Bishops.

IN the former chap • er we did only give, not grant superiorite of Bishops over Pastors, which being supposed, we meddled only with the unlawful power and dignity of Archbishops, but the truth is, that the superiority of Bishops over Pastors is unlawful also. By divine Law, one Pastor is not superior in degree above another, no more then one Apostle or Evangelist above another Apostle or Evangelist. The name of Bishops was not appropriate to any eminent rank of Pastors, but was common to all, as may be seen Act. 20. Philip. 1. 1. Timoth. 3. Tit. 1. 1. Pet. 5. And that their office was also common may be seen in the same places from whence Jerome in his Epistle to Evagrius doth conclude, that a Bishop, and Presbyter was all one, And in his Commentary on the Epistle to Titus cap. 1. that communi Presbyterorum consilio Ecclesiae gubernabātur, the Churches were governed by the joint advice of Presbyters. Our Opposites say, that government was only private in the inner court, the court of Conscience, not public in the external court, or Consitory. It was so in the time of Popery, when the Priests were excluded from the external government of the Church, which Bishops did vendicate to themselves, and their Courts, the poor Priest having no further power, then to receive privately auricular confession, ponder the weight of secret faults, and accordingly to enjoin penance. But Jerome speaketh not of a several, but of a common council, and joint care of many assembled together. For this private government in the inner Court of conscience, was not only then, but continueth to this day, whereby every Pastor may deal with the consciences of any of his own flock. But Jerome speaketh of a government, which was altered after the Apostles times, and different from the Episcopal government which followed, When the Churches were thus governed in common, by joint advice of Presbyters, they had not a perpetual President; or as we use to speak, a constant Moderator, who had this preeminence during life set over them, to moderate the common Meetings, but they chose their Presidents, and changed them, as they thought fit. No Pastor could claim this priority of order, and direction of the common Meetings, as belonging to him of office. The Apostles did no where institute this same small difference of Pastors, that some during life should be moderators of the rest, let be that majoritie of rule, and superiority in power, which Bishops do claim. The Pastors, who were at Alexandria, the first we read to have set up a constant Moderator, to whom also they did appropriate the name of Bishop. This was the beginning of that great mischief which followed: This was the Cockatrice egg out of the which Antichrist himself was hatched: For this perpetual Presidencie and priority of order, did degenerate in superiority of power, and majoritie of rule, and the Bishops growing to some grandeur, they behooved to have an Archbishop, and at last a Pope. So that if a Bishop had not been, a Pope had not been, and if there had not been a Pope, the great Antichrist had not been. Boni-gratis, supposed to be the author of the Treatise de aetatibus Ecclesiae, wondereth that the Popes Monarchy should arise from so small a beginning. But the Apostle telleth us, that that iniquity was a Mystery, and that this Mystery was working under ground even in his time. For even the Apostolical times wanted not a proud Diotrephes, loving preeminence. A little seed will bring forth a great Tree. If the Discipline had not been corrupted, as well as doctrine, the great Antichrist could not have risen. All the errors and heresies in doctrine and matters of faith, which have entered in the Church, could not have brought him in, unless error and corruption in the government had entered in also; for unless this had been he could pretend no claim at all to govern and rule.

I come therefore to our English bishops. Let a man travel through Italy where the Pope is, or Spain where the Spanish Inquisition is, he shall find no difference betwixt the power of an Italian, Spanish, or English bishop. The English bishop is the same now for power and greatness that he was an hundred years since in the time of popery. There are four things chiefly to be considered in him: First, the derivation of his power: 2. the sole exercise of his authority. 3. the deputation of this his authority. 4. his extensive power. As for the first, they are not bishops, as we have said, iure divino, by divine institution, or right, nor cannot be. Neither are they Bishops by human law, that is, the constitutions of the ancient Church, which imprudently and unhappily set up the first bishops, erring in taking up right the nature of Church government, and the qualities of the Antichrist, who was to be revealed but in the full time. For they are not of that kind of Bishops, which ruled together with the Presbyterie or Ecclesiastical Senate, but they are bishops by the Municipall law of the land only in the judgment of the laws. For all their jurisdiction & power is united and anexed to the crown, from whence it is derived, as from a source, unto them, and by law they are bound, to make their process and writings, in the kings name, and not in their own names, and that their seals should be graved with the Kings arms, as I have already declared in the first chapter. It is true, that they make processes in their own name, and use their own seals, but herein they transgress the forms prescribed by lawTheir manner of holding in Capite, in chief of the king, their Episcopal power and jurisdiction is not changed for all that want of formality, as before I have cleared out of Bishop Farrars answer.

Sir Edward Cook in the 5. book of his Reports, doth prove, That the Function, and Jurisdiction of Bishops and Archbishops in England, is by and from the Kings of England; and concludeth, that though the proceedings, and progress of the Ecclesiastical Courts run in the Bishops name, yet both their courts and laws, whereby they proceed, are the Kings, as M. Sheerwood in his Reply to Downam doth report. So then all the acts of their Episcopal jurisdiction are performed by authority derived from the King. If ye will call that authority civil, then actions of a spiritual nature are performed by a civil authority, which is absurd. But seeing this is impossible, that civil authority can be elevated to so high a nature, it must follow, that it is truly spiritual power, which is united to, and derived from the possessor of the Crown, I mean, in the estimation of men and judgment of the Law: howbeit in it self, and by God's Law, it cannot be done. It followeth therefore that all the Jurisdiction properly spiritual, which the English Prelates do exercise, as Prelates, is unlawful, how soever they have the warrant of men's Laws. It is but only to save their own credit, that they have set Downam. Bilson, and other their friends on work, to plead, that Bishops are above Pastors jure divino, by divine Institution, which they are not able to prove.

Next is to be considered their sole authority, which is censured by Sir Francis Bacon, now Chancellor of England, after this manner, There be two circumstances in the administration of Bishops, wherein I confess I could never be satisfied. The one, the sole exercise of their authority. The other, the deputation of their authority. For the first, the Bishop giveth orders alone, excommunicateth alone, judgeth alone. This seemeth to be a thing almost without example in government, and therefore not unlikely to have crept in, in the degenerate and corrupt times. We see that the greatest Kings and Monarchs have their council. There is no temporal Court in any land of the higher sort, where the authority doth rest in one person. The Kings bench, common pleas, and the Exchequer, are benches of a certain number of judges. The Chancellor of England • ath the assistance of 12 masters of the Chauncerie. The master of the Words hath 4 Council of the court: so hath the Chancellor of the Duchy. In the Exchequer chamber the Lord Treasurer is joined with the Chancellor and the Barons. The Masters of Requests are ever more then one. The justices of Assize are two. The Lord President in the Marches, and in the North, have Council of divers. The Star Chamber is an Assembly of the Kings privy Council, aspersed with Lord's spiritual and temporal. So as, in all the Courts, the principal person hath ever, either colleagues, or assessors. The like is to be found in other well governed kingdoms abroad, where the jurisdiction is yet more distributed, as in the Courts of Parliament of France, and in other places. No man will deny, but the acts, that pass by the Bishops jurisdiction, are of as great importance, as those that posse by the civil Courts. For men's souls are more precious then their bodies, and so are their good names. Bishope have their infirmities, and have no exception from that general malediction against all men living, Vae soli, nam si ceciderit, &c. Nay, we see, that the first warrant in spiritual causes is directed to a number, Dic Ecclesiae, which is not so in temporal matters. And we see that in general causes of Church government, there are as well assemblies of all the Clergy in councils, as of the Estates in Parliament, whence the • should this sole exercise of jurisdiction come? Surely I do suppose, and I do think upon good ground, that ab initio non fuit ita, and that the Deans and Chapters were councils, about the Seas and Chaires of Bishops at the first, and were unto them a Presbyterie, or Consitory, and meddled not only with the disposing of their revenues, and endowments, but much more in jurisdiction Ecclesiastical. But that is probable, that the Dean and Chapter stuck close to the Bishop in matters of profit, and the worlds, and would not loose their hold. But in matters of jurisdiction (which they accounted but trouble and attendance) they suffered the Bishops to encroch, and usurp, and so the one continueth, and the other is lost. And we see, that the Bishop of Rome ( fas est ab host doceri ) and no question in that Church the first institutions were excellent) performeth all Ecclesiastical jurisdiction, as in Consitory. And whereof consisteth this his Consitory, but of the parish priests of Rome, which term themselves Cardinals, a Cardinibus mundi, because the Bishop pretendeth to be universal over the whole world. And hereof again we see divers shadows yet remain, in as much as the Dean and Chapter, pro forma, chooseth the Bishop, which is the highest point of iuris • iction. And that the Bishop when he giveth orders, if there be any ministers casually present, calleth them to join with him in imposition of hands, and some other particulars. And therefore that seemeth to me a thing reasonable, and religious, and according to the first institution, that Bishops in the greatest causes, and those which require a spiritual discerning, namely the ordaining, suspending, or depriving Ministers, in excommunication, being restored to the true and proper use, as shall be afterward touched, in sentencing the validity of marriage, and legitimations, in judging causes criminous, as Simony, incest, blasphemy and the like, should not proceed sole and unassisted: which point as I understand, is a reformation that may be planted sine strepitu, without any perturbation at all, and that is a mater which will give strength to the Bishops, countenance to the inferior degrees of Prelates, or Ministers, and the better issue or proceeding in those causes, that shall pass. And as I wish thi • strength given to your Bishops in Council, so that is not unworthy your Majesty's • royal consideration, whether you shall not think fit to give strength to the general council of your Clergy the convocation house, which was then restrained, when the state of the Clergy was thought a suspected part of th • Kingdom, in regard of their late homage to the Bishop of Rome▪ which state now will give place to none in their loyalty, and devotion to your Majesty. Where it is said here, that Dean and Chapters were at the first counselors to Bishops, it is to be understood at the first time of erecting Dean or Chapter, not at the first setting up a Bishop; far less at the first form of Church-government planted by the Apostles. For Presbyters were before Bishops, and when Bishops were set up at the first, they were set up by the Presbyterie, and that in the degree of perpetual Moderatorship and Presidentship only: neither was there a particular choice made of some Presbyters to sit in judgment with this President, nor another besides this President Bishop, to be Dean of the Presbyterie; for that had been to make a President above a president and some Presbyters Cardinal Presbyters of more esteem the • the rest. In the Church of Jerusalem all the Presbyten governed, not a selected number. D. Field, a defender of the hierarchy, acknowledgeth this, That for a long time there was no more respect had to one Presbyter then to another, but all equal • y interested in the government of the Church, were indifferently called to the election of the Bishops, • nd his consultations, it is most clear and evid •• t A •• this he proveth in special of the Church of Rome by Cyprian. And the first appearance of this difference, that not all, but Car • inall Pres • yters only were called to the common consultations in the Church of Rome it self, that he found, is in the time of Gregorius Magnus, that is, about 600 years after Christ; yet he leaveth this as uncertain. But certain it is (saith he) that all the Clergi • had interest in the choice & election of the Bishop, even in Gregory's time. As if now the whole ministry and Clergy of the city of Lon • on should be admitted to the election of the Bishop, and not some few Chapiter men only. Yea Bellarmine him self saith, Non enim jus divinum definivit▪ ut hi potius, quam illi ex clericis eligant. For divine 〈◊〉 hath not determined, that such and such of the Clergy more then others, should choose. But afterwords in process of time, (saith D. Field) the Cardin • lls only had interest in the election of their Bishop, and they and no other were admitted to sit in Co •• cell with the Bispop, all other Presbyters being excluded. By which means the dignity of these Cardinals was greatly increased. Again, Now these Cardinal presbyters were not only in the Chur • h of Rome▪ but in other Churches also, as Duarenus showeth. So the institution of this difference was so far from being excellent, that it thrust lawful pastors from the government of their own particular charges, & the joint government of the church, and increased the dignity of Cardinals. These Cardinals were but parish priests and Deacons, resident in their parishes and titles. So are not our Chapitermen. But that assistance and council in process of time went out of use also. So it is ever dangerous to depart from the right partern and shape forms of government to ourselves. Always this polititian alledgeth very pertinently to the shame of our bishops, and their sole government, that the Bishop of Rome performeth all Ecclesiastical jurisdiction as in Consitory, We heard how Archbishops were made up with the spoils of the Synods. So the Bishops were made up with the spoils of the Presbyteries. Would you not think it very absurd, to see the Moderator sit by himself, exercise all manner of Ecclesiastical jurisdiction without the Presbyterie. Of the Dean and Chapter we will have occasion to entreat again.

The third thing to be considered in the English Bishop, is the deputation of his authority. He hath griped greedily, and taken in his own hands, all the power of the Church, and when he hath done that, because he is neither able nor willing to discharge this burden which he taketh on himself, he transferreth his charge unto other officers under him. He hath taken from the Pastors the pastoral staff of government, which belongeth to every shepherd, that is set to keep Christ's sheep, and left them nothing but the pastoral pype, to preach and minister the sacraments, and hath put that pastoral staff in the hands of strangers who are not the true shepherds, that is in the hands of Chancelours, Archdeacons, officialls, and Cōmissariet, vicars general, and the rest of that Antichristian • able of officers.

The 4. is their extensiue power. For whereas the presbytery chose, and set up a Bishop, and no presbyter was excluded from common consultation and judgment, and their meeting behooved to be ordinary, for exercise of ordinary jurisdiction in the Church, where they governed, the bounds of the Bishops jurisdiction could be no larger nor the bounds of the presbyteries jurisdiction, that is where all the presbyters might convene to exerce ordinary jurisdiction. All the presbyters of a shire, or county could not convene ordinarily and weekly together to exerce ordinary ecclesiastical jurisdiction. Neither is anywhere in the new Testamen • , a visible Church endowed with power of ecclesiastical government taken for a whole shire, or County. We read of the Church of Ephesus, Philippi, Jerusalem, Corinth, Thessalonica &c. But to call the particular congregations in the countries extended in le • gth and breadth about these cities, the church of thes • cities, is absurd, and nowhere to be found. H • would be thought to speak ridiculously, wh • would under the name of the church of Saint andros, comprehend all the congregations i • Mers, Lothian, and • ife: or under the name of the church of Glasgow, all the congregations i • Teviotdale, Nithsdale, clidsdale, &c. Citi • churches and town churches the scriptur • knoweth, but not country churches. F •• when the scripture speaketh of a Province or Country, it speaketh in the plural number Churches, not Church, in the singular. Seeing then there was no Diocesan Church, there was no Diocesan Presbyterie, nor Diocesan Bishop. No Church is above another. The Church of Corinth had no superiority over the Church of Cenchrea, which was next adiacent. And consequently the Presbyterie of one Church hath not superiority over another Church, therefore the Bishop chosen by the by the Presbyterie of one Church, hath not power over the Presbyterie of another Church. Neither can he possibly exercise ordinary jurisdiction in divers Churches, and Presbyteries, except ye will make him a Pluralist, and have him gallop from one to another, to keep the ordinary meetings, which galloping was not kaowen in the Apostles times. But Bishops have spread their wings over many cities and towns, whole Countries, and Shires, that they are not able, suppose they were willing to execute the power, which they claim, in their own persons, but must of necessity depute others. And whom depute they, I pray you? Doctors of the civil law, whom they make Chauncelours, Officials, Commissaries and other officers of the Canon law. Suppose they should depute ecclesiastical persons only, yet this should not free them of guiltynes. For it is a personal duty which the scripture requireth of the officebearers of the Church.

At the first Bishops were placed in little towns, as well as in great cities, and were not so thin sown, as since that avarice and ambition have made them to despise obscure places, and to strive who should have the largest Diocies: Nay even in England the Diocies of old were not so large as now. The Bishopric of York hath devoured many smaller bishopricks next adjacent▪ as Camden reporteth in his Brittannia. The Bishopric of Lincoln hath likewise devovred many bishopricks, which were in the time of the Saxons, and howbeit it hath been greatly impaired, yet there are 1247. parish churches in that Diocie at this day, as is related by Camden. These generals being premitted, I will be the briefer in the particulars.

Bishops considered simply as Bishops, of which in England there are 24. whose estate is to be considered, eight • er in the common-wealth, or in the Church. In the common-wealth, in that they have the title of Lord's in respect of their Baronie annexed to the Bishopric. 2. to have precedence before other Barons in the convention of th • ee three Estates, or in other meetings.

They tell us that Elias and Elisha, 1. King. 18. 2. King▪ 2 were called Lord's, and if the prophe • s were of old so styled, why may not they also? By this reason all prophets and pastors should be so honored. But the tuth is, that the name of Lord was given by the wife to her husband, Gen. 18. 12. and to any man of honest account, howbeit to mean men, as to Philip. John. 12. 21. to Gardiners, John. 20. 15. and was more common among the orientalls, then Sir is with us. Elias and Elisha were not Barons, and for their B • ronies styled Lord's above the common sort. But that style is with us attributed only to Lord's of dignity, to Noblemen, and other officers of State. As for Bishops, you may see, that they are so styled in respect that they are Barons howbeit D. Downam doth aledge, that they are so styled in regard of their spiritual office and jurisdiction. The first respect is forbidden; Luk. 22. 25. as we have said before. The second respect is as unlawful: for there are no Lord's in the Church but one Christ, who is Lord and King. Their ambitious and arrogant precedency in taking place before great Barons, is another part of their pomp. Their stateliness and pomp is set forth also in their glorious palaces, & sumptuous buildings. Their chambers do shine with guilt, their walls are hanged with cloth of Auris, their cupboards are laden with plate, their tables and diets are furnished with multitude and diversity of dishes, their daily dinners are feasts: They have 30. 40. 60. or moe every one of them of men waiting on them, some before some behind, whereof three parts of them (set a part the carrying of a dish unto the table) have no honest or profitable calling to accupie themselves in, two hours in the day, to the filling of the Church and common wealth also, with all kind of disorders, as Mr. Cartwright an eyewitnesse doth testify. Many Churches lie desolate for want of sufficient provisioes, whose impropriations are appropried to bishops to maintain their pomp and statelines, and bestowed upon keeping great horses, caroches, and trains of men. I need not to insist in this point, it is so sensible to any man, who hath but common sense.

In the Church by reason of their calling, or of their function. In their external calling to the Bishopric, some things respect the Prince, some things respect other Bishops. The Prince before election may 1. nominate. 2. grant faculty to choose. After the election finished, 1. yieldeth his Royal assent, 2. directeth his mandate to the Arch-bishop to confirm him and other two, to consecrate, 3. exacteth the oath of homage from the new bishop, 4. Restoreth to him the possessions of the Bishopric. Such things as respect other Bishops, respect either the Archbishop, or him and others: the Archbishop, as him who is to confirm the election. Him and two others, as who are to consecrate him according to the direction of the book of orders.

When the bishops Sea is destitute, the Dean and Chapter make intimation to the King of their want of a Bishop, and humble supplication for license to choose another. The King by letters patents under his great seal, granteth them license: and with the letters patents sendeth a missive, commending the person, who is to be chosen, some man who hath waited long on the Court, and promised to some courtier an annuity out of his Bishopric during life, or some other gift. After this election, which is made after the Papistical manner by Dean and Chapter, and a superficial manner, or pro forma, as Sir Francis Bacon, now Lord Chaunlour, said, the Dean and Chapter do intimate their feigned process of election to the King: again, praying the King to yield his Royal assent to the Lord elected. The King directeth his letter patents for warrant to the Archbishop, or some other whom he shall appoint, to confirm and consecrate my Lord elect. The consecration being finished, and the bishop having done homage, and sworn fealty, the Kings writ is directed out of the Chancery to the Escheator, to restore to him the temporalities of the Bishopric. And the Bishop may procure another writ out of the Chauncerie, directed to his tenants, commanding them to take him for their Lord. This order of proceeding is thus described by the author of the Assertion for true Church policy. Here are many imaginary forms, and mockage, rather then sound dealing. The liberty of election of Pastors, if Diocesan bishops were true Pastors, is taken from the Church, and the Church deluded with a May-game.

Now as for his consecration, howbeit the Scripture doth not teach us two distinct forms of ordination, one called▪ consecration proper to a Lord Bishop, the other by the general name of ordination, peculiar to a minister, yet we will let you see the Rites of their consecration, how all are taken out of the Popes Pontifical, as may be gathered by conferring the book of Orders with the said Pontifical. A table is prepared for the Mass-book, and the pontifical: so is here a table furnished with the service book, and the book of orders. There two bishops are present to assist the Consecrator, ordained to have on the Rochet, if not the Ro • che • , a surpl • ce. Here all the Bishops that be present at the consicration of Bish • ps, should wear • coapes and surplices, having pastoral staves in their hands. They retain the surplice, seldom the coape, but they never use their pastoral staves, saith the Author of the petition to the Queen And yet they have a staff to beat out a painful minister out of the Church, if he take not on a surplice. But in the abridgement of the ministers of Lincoln, it is said, that in the former edition (of the book of ordination) which seems by the 36. article to be that, we are required to subscribe unto, and which; it may be, some of the Bishops do still use, there are other corruptions, as that the coape, albe, surplice, tuni • le, and pistorall staff, are appointed to be used in ordination and consecration. There the elected is presented by two Bishops, to the consecrator, who is sitting, and the elder of the two Bishops saith, Most reverend father in God, &c. So here he is presented by two bishops to the Archbishop, or any other bishop having commission, to whom one of them saith Most reverend father in God, we present unto you this godly and learned man, that he may be consecrate bishop. There none is consecrate till the commission be shown: here likewise the Archbishop is careful to have the Kings mandate anent his consecration, to be produced and read. There the elected taketh an oath upon his knees to the Pope, and another of obedience to the Archbishop: so here they must take one oath concerning the supremacy, another of canonical obedience to the Archbish. There the Archbi. demandeth some questions, so also here. There is said, or song, Veni Creat • r; so here. There the Archbishop together with the Bishops then present, laying on their hands, say, Receive the holy Ghost: so here also, as if the one could give, and the other receive the holy spirit from his finger ends. By the book of ordaining Prists and Deacons, the Archbishop should lay the Bible upon the bishops neck, that is to be ordained, and put a pastoral staff in his hand, saith the author of the petition to the Queens Majesty, but they put the Bible in his hand, and observe not the former direction, or else follow a later book of ordinations. After these things being done, the consecrator and his assistants communicate with the new consecrated bishop, so here also. The Gospels, the Collects, the Epistles, the Litany, which are here used for the most part, are borrowed from the same Pontifical, and the Litany interrupted here also as there. There the consecrator saith nothing more ordes • e, then is set down in the book, either when he prayeth, or demandeth, or consecrateth; so here. There the consecrator putteth gloves on the hands of the consecrated. Here the consecrated Bishop dealeth gloves, as I hear, to his friends: for why, now he is married, and the marriage betwixt him and the Church, which was begun by the election, is consummate, they say, by consecration. Should not then the bridegroom deal gloves among his friends? That day that our Bishops were first consecrated at London, their bride at home understood nothing of the matter.

In respect of his function, either in things concerning Episcopal order, or concerning jurisdiction. Concerning Episcopal order, as 1. to ordain Deacons and Ministers according to the prescript of the book of ordinations, 2. to dedicate Churches and burial places, 3. to confirm children.

The power of order as they call it, that is a power and authority which is given to men sanctified and set apart from others, to perform such acts as belong to the service of God, and the discharge of the pastoral function, it acknowledged by D. Field, as also by the sounder sort of the Romanists themselves, to be equal & the same in all pastors, and that there is not a greater power of order in the Bishops then Presbyters. If the power of order, and authority to intermeddle in things pertaining to God's service, be equal and the same in all Presbyters, who hath power to abridge this their power, and limitate the exercise of it? To reserve the exercise of it to the Bishop, as if he alone may give orders, or if other ministers join either casually or by Canon, with him, that it is not for consecration, but for consent and approbation only, or that a whole Presbyterie cannot ordain, that is, sanctify, dedicate or set apart any person to the ministry, unless there be a Bishop present to utter the words of consecration, is not only absurd, because it imports that God hath bestowed on them a faculty which they cannot put in execution, but also dangerous for the Church of God, as experience of the last age hath manifested. For then all the Ministers in France, and other reformed Churches, who received not imposition of hands by bishops, should not be lawful Ministers.

Their shift of the case of necessity, is no shift at all. For if they have that power by divine right as they pretend, the other may in no case usurp it. Further, seeing nature giveth not faculties in vain, we must not think that Christ gave a power or faculty to be idle. The gifts and faculties he gave, he gave them, to be employed, not only in time of necessity, but at all convenient times and occasions offered. Where do they find in all scripture this exception of the case of necessity. Where the law of God doth not distinguish ought man to distinguish? The prayer out of the mouth of a divine bishop, a minister appointed by the presbytery to moderate the action, is it of less efficacy then the prayer out of the mouth either of an human or Satanical Bishop. As for imposition of hands, it is a rite only, which is common to all, and not essential.

Seeing then to ordain ministers belongeth to the power of order, as to preach the word, and minister the sacraments doth, and that this power is common to all pastors, the validity or invaliditie of ordination, ought not to depend upon a bishop, set up by man's appointment and invention; and that it was but an invention of man, is clear, in that this reservation & restraint came in but by corrupt canons. In the council of Ancyra a canon was made, to forbid the presbyters of the City to ordain presbyters and Deacons without the bishops permission, whereby appeareth, that before that Canon was made, they had ordained some without the Bishops, either presence or permission: and yet their ordinations were not made void: and that after the making of the Canon, they yea it is confessed that this is reserved unto them, potius ad honorem sacerdetij, quam ob legis necessitatem, rather for for the honor of their Priesthood, then the necessity of any law, at Jerome saith. Beda saith in plainer terms, that for pride and arrogancy this as many other things were not permitted to Priests, but reserved to Bishops. That which the Jesuit Swarez saith, concerning confirmation, Si prestyteri ex visuae ordinationis haberent sufficientem potestatem ordinis ad hoc sacramentum ministrandum, sine causa in universum prohiberentur illud confer, may be applied to that which I affirmed of ordination, that God gave not faculties and powers to be idle. I have as yet only supposed this their confirmation to be lawful. But let us now see what it is. The bishop, or such as he shall appoint, apposeth the children in some questions of a short catechism; for he taketh not the pains to do it always by himself. Then are they brought to the bishop, not by the minister, but by a godfather and a godmother, for they must have a godfather and godmother at confirmation, as at baptism. The Curate of the parish needeth not to come, but may send the children's names in writing. In the first prayer the bishop prayeth for the 7. gifts of the spirit, which the Papists say, they receive in confirmation. Then the bishop will not lift up his hands and bless them in common, as the Priests in the old law did, when they blessed a multitude, or great number, but they must be brought to him one by one, that he may lay his hand on every child severally. For there is some efficacy, say they, in that sign. For they say, that imposition of hands is one of the external means, by the which the holy Ghost is given? And howbeit that prayer have the chief force, yet imposition of hands hath some also. In baptism we receive forgiveness of sins but the principal grace we receive in confirmation, is say they, strength and defense against all temptations to sin, and the assaults of the world. The Papists and they make the like destinction betwixt baptism and confirmation. The Papists say, the comforter promised by Christ to his Church, was bestowed in the sacrament of confirmation. The same prayer for the comforter use they. The grace which is begun in baptism, they say is per • ected in confirmation, as the Papist saith: as if, when we were baptized, we were but half Christians. In the prayer after the laying on of hands, it is 〈◊〉 , that the laying on of the bishops hands, is a sign, whereby the child is certified of God's favor, and gracious goodness toward them, a child of seven or eight years of age. If it be a certifying sign, is it not a seal of grace; as the other sacraments are. All that I have said▪ may be seen in Hooker, Hackwell, and their service book. None must receive the communion till he be thus bishoped, and yet divers bishops do not use it. Then by order of law, these who are bishoped, may refuse to take the communion.

In hallowing of Churches the Papists use crosses, taper light burning of lamps, oil, ashes, and many ridiculous ceremonies; but let it be so, that their dedication is more simple, then the Popish, yet it is superstitious. For to dedicate, that is to dote and mortify to such a use, as to the congregation to covein in, it is already done by the founders, who were owners of the ground, and builders of the Churches, and the use is only civil to defend the people convened from wind and weather, or other incommodities which might impede them in the service of God. A second dedication, that is, an hallowing of it, after it is set apart before it can be employed to divine service, as if divine service were profaned, unless it were hallowed, is mere superstition. Our Churches are not like the Temple of Jerusalem, which had a legal kind of holiness, and was a type and figure of Christ, but like the Jewish Synagogues. There is no more holiness in our Churches which contain the congregation, then in the glebe land, which is dedicate and set a part to maintain the minister, but that it should be kept clean and comely for the people which is to convene in it. When the congregation is there at divine service, which is but accidental, and may be performed on a hillock, then God indeed is present in the midst of them. Out of this hallowing of churches, hath proceeded superstitious customs and canons of immunity of churches. I hear they may not carry a vessel through one of their cathedral Churches, or a bag under their arms without reproof, as if their great Domes were like the Temple of Jerusalem, Mark. 11. 16. The like may be said of Churchyards, or other burying places: for all burial places are of a like nature, whether they be near the Church, or removed fare from it.

Their jurisdiction is either delegate of ordinary. Jurisdiction delegate sometime to the Bishop, not as he is Bishop, but as he is a citizen or subject, as 1. if he be appointed a justice of peace, 2. if he be upon the kings secret counsel. 3. if he be sent Ambassador to any foreign Prince, 4. if he have any other civil office of countenance committed to him.

Besides that some of them are Justices of Peace and Quorum, some Counselors, some at sometimes Ambassadors to foreign Princes, some of them have been Deputies under the Presidents of Wales, as Whitgift late Bishop of Canterbury: some of them sit in the Star chamber with the Chancellor and others of the Council, together with other Lord's and Barons upon notable riots, counterfeiting of letters, taking away of maids within age against their parents and Guardians will, &c. where the most usual punishment is imprisonment, the p • llory, or a fine. They sit also in the high Court of Parliament, pretending themselves to be the • estate of the Realm, as if the body and state of the common-wealth were not an entire and complete body and state, without the body and state of the Prelacie, nor laws could not be made without their consent. But the vanity of this their pretence is taken away by the author of the Assertion of Christian Church Policy, who doth prove that laws have been made without their consent, yea and without their presence, even since, they have been admtited to sit in Parliament. Their privilege to sit in the Star-chamber, and to be Lord's of the Parliament house▪ some do think was granted by King Henry 2. Camd • thinketh that this honor was bestowed upon them by William the first, and that it is in respect of their Baronies, which they hold in knight service, that they sit there. It is no fundamental law then of the kingdom, far less doth it agree with the law of God, to give voice, and decide in criminal & civil matters in whatsoever secular court. Is there any doubt to be resolved out of the word, they have ever had a convocation of the Clergy in time of Parliament, with whom they have advised in matters of religion. Are the Prelates for their riding in pomp to Westminster, and sitting in their • obes, more able to give advice, then the whole Clergy assembled in a lower house? Or can they be more rice in their judgment sitting apart from them? Or is it not enough to give advice unless they also vote, and that in matters no way pertinent to their calling? Or is the Church respected in their persons, when they shall have no place but as Barons? Or shall they vote in the name of of the Church, not having commission, but like the Nobles, who have place in respect of their birth. In the higher house the Judges of the Realm, the Master of the Rolls, and the Secretary of estate sit in the midst thereof▪ upon wool-sacks. But these that sit on the wool-sacks have no voice in the house, but only sit there to answer of their knowledge in the law, when they be asked, if any doubt arise among the Lord's, saith Sir Tho. Smith in his common-wealth. This place, if any, better becometh them, then to sit high, each in his rank, over against the Dukes and Barons, and to answer only of their knowledge in the law of God, when they shall be required, for any matter of Religion. But this, as I said, may be better done in the convocation house. In time of Popery, the Spiritual Lord's might not sit in Parliament, whensoever any statute was to be made touching felony, or treason, or the loss of any member, or shedding of blood. If they might have been spared then at such times, may they not be as well spared in matters of possessions and unheritances. Our Prelates entered in parliament notwithstanding the cautions and conditions condescended upon were never insert in the act of their admission, upon which condition only▪ the general assembly after great opposition made to the Churches vote in Parliament, was induced for the most to consent. To be Lord's in Parliament and Council to govern countries, to sit in the Star-chamber, to be Justices of peace and Quorum, to go in Embassage to foreign princes, and to exerce other civil functions in the common-wealth, as is here said, is to exerce offices incompatible with their spiritual calling, to bear rule and dominion among the nations, to entangle themselves with the affairs of this life, and to neglect that spiritual calling, to which they were sanctified and set apart from the rest of the citizens and subjects of the kingdom. It was said of old that the Psalter should never be out of their hands. They take the charge of a great Diocie, more then they are able to compass within the fathom of their arms, and yet turn it over to their Vicars, officialls, Chauncellours, Archdeacons Commissaries, and take upon them offices which they confess are not Episcopal, but delegate only by the Prince. O what a confusion hath the pride and ambition of Clergy-men brought into the Church of God!

In jurisdiction by ordinary law attributed unto them in their own Diocie, is to be considered, either the sinews of exercising it, or the jurisdiction it self. The sinews of exercising their jurisdiction, are Ecclesiastical censures, which may either be infl • cted upon laymen and Ecclesiastical persons, or peculiarly upon Ecclesiastical persons only. Of the first sort are 1. interdiction of divine service, 2. admonition, 3. suspension, ei • her from entrance into the Church, or from partaking of the sacraments, 4. excommunication, 5. the great curse Anathema against a pertinacious heretic. Of the second sort are 1. sequestration of the fruits of a church, 2. suspension either from office, or office and benefice, 3. deprivation, 4. deposition, & that is either verbal by sentence, or real, which is called degradation. Of all which censures, one, to wit excommunication, is inflicted for contumacy, either for not comp • iring in judgment, or not obeying the mandates of the Church. The rest are inflicted as well for contumacy, as for other actual offenses.

By interdiction, saith Mucket, a communaltie for some public offense, is deprived of divine service, burial, administration, and receiving of the sacraments. Interdiction of a certain place, as of a city or whole country, for some public and common offenses committed by them, or the superior Magistrates, to whom they adhere, whereby Churches are closed, divine service is substracted, &c. The Bishop of S • alato sa • th, it is an impious invention, not known nor heard of in the Church for a thousand year, and that it bred in Pope Hildebrands brain: and concludeth after some reasoning, • on ergo legitima est, sed spuria haec cens • va ac 〈◊〉 abominanda, quam Ecclesia pro sua 〈◊〉 ignosit.

Excommunication is distinguished by the Canonists, in the lesser or greater excommunication. The lesser, saith Mucket, is suspension from intrance into the Chur • h, or only from partaking of the sacrament, which Cyprian calleth Abstentio, and it is inflicted for contumaci • , and other offenses, but chiefly for contumacy, in not compeiring in E •• lesiasticall Courts, or not obeying their ordonances. D. Field saith, that lesser excommunication excludeth only from the sacraments, which when it is pronounced against them that stubbornly stand out, and will not yield themselves to the Churches direction or disposition, is properly named excommunication; but when it is pronounced against then that yield when they have offended, and seek the blessed remedies of the evils they have committed, it is not so properly named excommunication, but it is an act of the discipline of repentance. This suspension from entrance in the Church, is against all reason: for even persons excommunicate should not be debarred from hearing of the word: for the word is the mean and powerful instrument whereby offenders are recalled. The greater excommunication, saith Mucket, is, whereby the offender is not only debarred from receiving the sacrament, or entry in the Ch. but also from the fellowship of the faithful. Doctor Field describeth it thus: The greater putteth the excommunicate from the Lord's body and blood, and depriveth them of that comfort and strength of grace, which from it they might receive, it denieth unto them the benefit of the Churches public prayers, and so leaveth them to themselves, as forlorn; and miserable wretches, without that assistance, presen •• and protection which from God she obtaineth for her obedient children. The terms being thus unfolded, we have to consider in the use of this censure, these special points; First, the laws made under the pain of excommunication ipso facto. For in time of Popery, there were two sorts of excommunication, one inflicted by the law or Canon, when a man committing the offense and fact inhibited by the law; was made subject to excommunication, without the ministry and proceeding of a judge, which was called also excommunicatio latae sententiae. The sentence was not left to the judge to pronounce, but was esteemed pronounced in the very law it self. The other excommunication is inflicted by a judge after citation and cononicall forewarning, wherein the sentence condemnatorie is pronounced by the judge. The former leaveth nothing to the judge, but the sentence declaratorie, to declare, that seeing he is gultie of such a crime, he is already excommunicated. The Bishop of Split, howbeit their great friend otherwise, condemneth this kind of excommunication, as absurd, and perceiveth in it, magnum Papatus arcanū latere, cui et rudes imperiti Canonistae seu potius Decretistae spiritum & robur addere sunt conanati. For, saith he, Excommunicare etenim est actu aliquem ligare, non potentia. Non enim ligatur, qui potest, aut debet ligari, sed qui reipsa ligatur. How can a man as yet invisible, indemonstrable, unknown to him that bindeth, be bound? This bond cannot bind without a binder, and the presence or knowledge of him that is bound. When such a Canon was made, there was a binder, and a bond, but none present, or known to be bound. When the offense is committed, there is one to be bound; but where is the binder? And yet in their latest Canons, made in the first year of the Kings entry, they have made excommunication ipso facto to be the sanction of many of their Canons: excommunicating ipso facto all such as shall affirm the form of their Church service to be corrupt and superstitious, the rites or ceremonies established by law to be wicked, Antichristian, or superstitious the government of their Church by Archbishops, Bishops, Deans, Archdeacons, &c. to be Antichristian, or repugnant to the word, or that the form and manner of making, or consecrating their Bishops, Priests, and Deacons, is not lawful, &c. So that at this day, the better sort both of the ministry and professors amongst them, do stand excommunicate by this Popish guise.

The next thing to be considered, is the sole authority of bishops excommunicating by themselves alone, or their Deputies, Officials, Chancellors, Archdeacons, the ministers and professors in whatsoever Church of their large Diocie. When Christ said, Tell the Church, Math. 18. was this the meaning, Tell my Lord Bishop, or his Chancellor, the Archdeacon, or his official. Can this collective name Church by any shift be drawn to signify one particular person, Canterburies grace himself, or the great Pope himself? Is the Pope the universal Church, or the Bishop the diocesan Church, or his Chancellor? Christ maketh a gra • ation from one to two, at last to many. The Apostle reproveth the Corinthians because they had not already excommunicated the incestuous person. And do ye not judge them that are Within, saith the Apostle, 1. Corinth. 5. 12. In the second Epistle, chap. 2. v. 10. he declareth that they ha • power to forgive and reconcile the same incestuous person. And writing to the Thessalonians, he willeth them, to note the man who obeyed or hearkened not to his Epistle; and to have no company with him, that he may be ashamed, 2. Thessal 3. 14. Now there was no Bishop at all either at Corinth or Thessalonica, as they themselves will grant, far • less an usurping Prelate, drawing all the power to himself. It is one of the weightiest judgments in the Church, and therefore not to be permitted to the pleasure of one man. It is not only the Bishop tha • hath this power alone, to excommunicate by himself, or his Deputy, but also the Dean, Prebendaries, and Canons in well nigh all the cathedral and collegiat churches throughout the Realm, having certain Parochial churches exempted from the Bishop within their exempt and peculiar jurisdidictions, by mere Pastoral authority (for Episcopal authority by the laws of the Church they have none) may exercise all manner of spiritual censures, and that as well by their substitutes, as by themselves. Nay, i • hich is more, in Cheshire, Lancashire, Yorksire, Richmondshire, and other Northern parts, there be many Whole Deanries exempted from the Bishops jurisdiction, wherein the Deans and their substitutes, have not only the prohate of wills, and granting of administrations, but also the cognizance of Ecclesiastical crimes with power to use the Ecclesiastical censures; yea this authority of the execution of Ecclesiatsticall censares; have those Deans either long since by some Papal privileges obtained, or else by long use prescribed ag • inst the Bishops. Whereby again it is clearly convinced, that Episcopal excommunication used in the Church of England, is not of divine institution, but only by human tradition: for were it of divine right, then could the same no more be prescribed, or by papal immunity be poss • ss • d, then could these Deans prescribe power, or be infranchised to breach the word, or to administer the • acraments. Ye see, Cathedral Deans, Canons and Prebendaries in cathedral and collegiat churches, and some rural Deans, may use the Ecclesiastical censures. But the Pasto • s of the Churches set over their flocks to govern & rule with power of the keys, are deprived of the other half of their pastoral charge, and the pastoral staff, as I have said, is taken from th • m. Thirdly, they excommunicate for trifles. The last petition which was made the first year of the Kings entry, reporteth, thae th • y excomunicate for trifles, and twelvepennie matters. If a man pay not the fees of their Courts, he shall be excommunicate. For the Chancellors & Officials, the Registers, & the rest of that rabble, must not want their unreasonable dues.

They do not excommunicate in the congregation where the offender dwelleth, but in their Courts in form of a writ in Latin, proclaimed in the Bishops or Archbishops name, as Barrow reporteth, and so also is their absolution. The excommunication may perhaps he intimated a long time after in the congregation, and the people warned to beware of the man, who was excommunicate in their Court, perhaps for a trifle. The Admonition to the Parliament saith, that whereas the excommunicate were never received till they had publicly confessed their offense. Now for paying the fees of the Court they shall by M • Officiall or Chancellor easily be absolved. 5 The manner is that if the apparitor cannot persanally cite the person to be summoned, he useth leave word at his house. If he come not at the day, he is forthwith excommunicate, as the defender of th • last Petition • oeth report. 6. They transf • rre this power of excommunication to lay men. their Chauncellours and officialls, whereof we shall entreat in the own place.

The curse Anathema, some do not distinguish from the great excommunication, but only in some solemnities, because it is uttered with some external signs and ceremonies to strike a greater terror. Others do distinguish it, and Mucket defineth it to be that censure, whereby a pernicious heretic as God's public enemy, rejected, cursed, execrate, is adjudged and given over unto eternal judgment and damnation. This is answerable to that anathema, which the Apostle calleth Maranatha, or the Talmudists schamatha. But such a censure cannot be inflicted, unless it be revealed to the church, that the offender hath sinned against the Holy ghost. Besides the censures common to lay men and ecclesiastical persons already mentioned, there are these two reckoned by Mucket, corporal penance, and denial of burial in sacred places. Corporal penance is inflicted upon the outward man. For to the public confession of the offense, there is some bodily penance adjoined and enjoined the offender. As for example to stand upon a Lord's day bareheaded, and barefooted, clothed with a white sheet, having a white wand in his hand at the porch of the Kirck, and when he entereth into the Kirck to prostrate himself, to kiss the ground, and then to come to the midst of the church & crave forgiveness. This manner is descrived by Mack. Lindwood in his Provincial reckoneth for corporal pennances, thrusting in a Monastery, imprisonment, striping, and the imprinting of a mark upon the person. Many moe • ere the popish pennances, which turned into satisfactions. For reme • d of corporal penance, the offender may obtain a redemption for some peeee of money, and this is called commutation of penance, and so the sheet penance is turned into a purse penance. If the corporal penance be ordained to a spiritual end, as they say, to afflict the body or outward man, for humbling of the soul, how can it be exchāged in a pecuniarie mulct, which hath no such operation with it, especially with the greater sort? or did they ever read of the like but in the dark days of popery? Burial they deny to such, as are strangled for felony, usurers, and others excommunicated by their offi • ialls, and Chancellors.

The censures and punishments peculiar to ecclesiastical persons, are not all of one nature. For some arise upon their meddling with causes civil, howbeit abusively called ecclesiastical; as the sequestration of the fruits of a benefice, and giving them for a time to the custody of another, for to defend some man's right, or to chastise the cotumacie of the owner, which sequestration if any man violate, he is to incur the greater excommunication by the old constitutions of the English Church, saith Muck • t. But seeing the original of it is but temporal, it belongeth nothing to Ecclesiastical Consistories. Deprivation is the removing of a beneficed man from his benefice. A benefice is a man's freehold, and therefore seeing his livelihood consisteth it he ought not to be removed from it at the pleasure or judgment of one man. There is no difference betwixt deposition and degradation, but that deposition is verbal, inflicted by the sentence of the judge: degradation is real, as when the Ecclesiastical person is denuded, or unclothed of the garments & ensigns of his order, in presence of the civil Magistrate, to whom he is relinquished to be punished for heresy, or some other great capital crime. Until this be done, they are exemed from the stroke of the Magistrates sword, after the old papistical manner: for to what use else serveth this degradation? This censure of deposition, as the rest, is in the hands of one man alone. D. Field affirmeth, howbeit otherwise one of their own, that the Bishop may do nothing in matters of greatest moment, and consequence, without the advice and presence of presbyters, and in especial, that he may not deprive, depose, or degrade by hims • lfe alone, and proveth it out of the 3. and 4. Council of Carthage.

That by the late Canons, in pronouncing the sentence after the process ended before the Chancelor, Commissary, Officiall, the Bishop should have the assistance of his Chancelor, the Dean and some Prebendaries, or the Archdeacon, is no point of reformation, as they pretend, for these are only their servants, and followers, which are to them as the shadow to the body It is said in the Canon law, that the consistory of the Bishop and the Chancelor, or principal official is all one, & therefore a man may not appeal from the Officiall principal to the Bishop, and the Archdeacon is called oculus 〈◊〉 the Bishops eye. Further they observe the Canon, but as it pleaseth them, for there is no sanction added unto it.

These are the censures & punishments which are the sinews of their ordinary jurisaiction, by as they are 〈◊〉 commissioners, or have civil callings committed to them by the Prince, they have their pr • sons, as Clinke, Gatchouses, Colehouses, towers, and Castles, both for laymen, and eccl • siasticall persons.

The jurisdiction itself, is either voluntary or contentious.

Voluntary jurisdiction is, when the person, with whom the Bishop dealeth, doth not stand against it. Contentious is, when such causes are handled against which some party standeth, or else dealt with thereby against his will. For it is to be thought, that the party defendant, will not willingly compeir, and unless he be compelled, and therefore is presumed to come against his will.

Voluntary jurisdiction is established, either by statute, or by the Municipall law, or by the Municipal law, & confirmed by the ecc •• siasticall, or by the ecclesiastical, & confirmed by the Municipall.

1. By the statute as 1. to grant license for a time to eat flesh upon forbidden days, 2. that any being approved, • ay exercise Ph • sick, or Chirurgetie, or instruct children in that Diocie. 3. to unite and consolida • e lesser Kirks according to a statute made thereanent. 4. to assist civil Judges in executing certain statutes, which concern Ecclesiastical causes, 5. to collect tenths and subsidies duc by Ecclesi • sticall persons, and that either by taking a stress, or by Ecclasiasticall censures.

The 1. is superstitious, the 2. is impertinent, except that part which concerneth Schoolemaisters, but that should not be at his sole disposition. The petition to the Queen relateth, that li • ences are granted to Scholmasters for money to teach. The 3. likewise is not to be ordered at his will, and may very well be ordered without him. So may the 4. if it were needful. The 5. is not an office competent to his calling, neither is the manner of exacting to be allowed.

By the Municipall law, as 1. to certify at the kings rescript, the civil Judges of Bastardie and unlawful Births, of lawful and unlawful marriages. 2. to require the kings rescript for burning a pertinacious heretic already condemned. 3. to require the kings rescript for committing to prison the person which persisteth with an obstinate mind excommunicate 40. days.

The 1. may be done other by them, or without them. The 2. for the kind of punishment and form of proceeding is a part of the Maximinian law, which was made in the time of K. Henry 4. whereof the • ath ex officio is the other part. The 3. is used after this manner. If one be excommunicate for the smallest trifles in their Courts, or for a supposed offense, where there is none indeed. if he stand willfully 40. days together excommunicate, and accordingly certified by the Bishop into the Chauncerie, that then he is to be committed to prison, by virtue of a writ directed to the Sheriff, saith the author of the Apology of certain proceedings in Courts Ecclesiastical. Neither is intimation at the common law required, but these certificats mention only in generality the parties coutumacie and disobedience. The effect of the writ de excommunicato capiendo, is twofold, 1. upon the certificate of the Bishop the party excommunicated is to be debarred action in all the Queens Courts. 2. the party is to be imprisoned, and is not to be delivered, unless he submit himself to the Bishop, except he hath appealed to a superior Ecclesiastical judge.

By the municipal law, and confirmed by the Ecclesiastical, as 1. to cause the testaments of the deceased to be proved, and registrate, 2. to grant the administratiō of the goods of him who died intestate, to the nearest kinsman. 3. when no man will enter here, to command to collect and keep in custody Bona caduca. 4. to cause account 〈1 page duplicate〉 〈1 page duplicate〉 to be rendered of the said administration, and to approve and reject the same, as law shall require.

All • auses testamentarie, and their appendicles are impertinent for Episcopal audience, or any Eccl • siasticall o • sistorie. Bona caduca is taken in the laws, as when failing him to whom they belonged by law, the goods fall to another, as the akorn which falleth to the ground, when there is none to take it up, is called Caduc • glans.

By law Ecclesiastical, and co • firmed by the Municipall, as 1. to confer benefices, or to institute into a benefice at the presentation of others. 2. to command the persons institu • ed to be inducted. 2. to command the fruits of vacant benefi • es, to be gathered and kep • in su • e custody by some indifferent man, to the use of the next successor. 4. to assign a competent portion to a vicar • 5. To grant dimissorie or testimonial letters. 6. to visit every third year th • Diocie.

O • institution, collation induction, we shall entreat in a fitter place. As for the third, the sequestration of the fruits of the vacant benefices, the author of the Assertion of the true Christian Church policy, thus writeth. By the interest where by the Bishop challengeth to be custos Eccl. siarum, there happen as bad, if not worse, then these▪ for there is no sooner a Church void, but a post is sent in all haste with letters of sequestiction to sequester the fruits, to the use of the next incumbent; which next incumbent for the greater care taken to preserve the fruits to his use, before he can obtain to be put in real possession, must pay 10. shillings, or a mark, or more, for these letters of sequestiation, with as much more also for letters, so called, of relaxation, besides 2 pence 3 pence, or 4 pence a mise for pottage Somner▪ • And from hence, as • take it, is the Patron very much 〈◊〉 : For he being, as appeareth by the Statute of 25 Edm. 3. Lord and Avower of the Benefice ought to have the custody, and possession, thereof during vacancy. The fourth should not be at the Bishops carving, but it is no great matter what be modified to them, seeing they are for the most part hirelings or blind guides. As for the fifth, it is agreeable to good order, that no Clergy man passing from one Diocese to another, should be admitted to take on any cure without letters of commendation, and a Testimoniall of their honest life and conversation, and sufficient qualification: but that this should be in the Bishops power is against reason, and therefore no wonder if many abuses and inconveniences arise upon their flight Passe-ports. Visitation is needful, and it were better for the Church, if it were annual: But that the Bishop, or any other should be sole Visitor, is hurtful. A number is more able to make a sharp inquiry, for moe eyes see better then one, and would not be so foone drawn away with corrupt partiality.

The chief part then of voluntary jurisdiction, is every three year to visit the Diocie, and to inquire by the Church-wardens and Side-men, of the excesses, and defects, either of the minister, of the Church wardens themselves, or the rest of the parishioners. Or the Minister, as he is Minister, or as he is another sort of man. As Minister, either in respect of his public function, in committing, or omitting what he ought not: or in respect of his private life; for many things are tolerate in lay men, which do not bes • eme Ministers. Or the Church-wardens themselves, and that concerning their office, either in the Kirk or temple, or out of it. O • the rest of the Parishioners, • ither as having some peculiar function, or any other Christians. As having peculiar function, Physicians, Chyrurgians, Schoolmasters, Mid-wives, if they exercise their function, not being approved, or use •• rcerie or superstition: keepers of hospitals, when according to their foundation, the Bishop is only appointed visitor or no other. Of the other Christians offending against pie • ie, righteousness, sobriety. Against piety, as by blasphemy against God, or the holy scripture, idolatry, superstition, s • rcerie, if it be such, as by civil laws of the kingdom is either not at all corrected, or by order and dir • ction of the laws, is made also subject to Ecclesiastical censures, Breach of oath (called Laesio fidei ) made before an Ecclesiastical Judge, or voluntarily to any private man, Heresy, error against the Articles of Religion set forth in a National Syno • holden the year 1562. and confirmed by royal authority, sch •• me, unlaw • ul conventicles, absence from divine service in their own parish upon the Lord's day • , or other festival days, where there is not a lawful impediment, unlawful abstinence from par • aking of the Lord's Supper, which is to be celebrated thrice every year. Against justice, calumny contumely, r • proach anent any cause Ecclesiastical, Simoniacal suing for sacred orders or degrees, or of a benefice. Usury above the rate often in the hundred by year. Temerarious administration of the goods of the deceased, subornation of perjury▪ falsehood or forgery committed in any Ecclesiastical action, violence to a minister, de • eining of that which was left in legacy to the use of the poor, or of goods due to the public uses of the Church, d •• apidation of Ecclesiastical goods, and buildings. Against sobriety, as incontiniencie whatsoever, committed with one of his kindred or blood, or of alliance, either of them within the 4. degree, exclusive, according to the computation of the civil law, which is called incest, or adultery, or committed with a widow, which is called stuprium, or where both be single, termed fornication, fi • thy speech, solicitation of another's chastity, drunkenness, clandestine marriages, either in respect of consent of parents or tutors not obtained, or of the private place, or witnesses moe▪ then two not being present, or the banns not proclaimed three several times, upon the Lord's days, or holy days in lawful distance.

In this table we have an enumeration of offenses belonging to Ecclesiastical cognizance, but it is insufficient. For there are many moe, then are here expressed: as Theft, Sacrilege, Murder, Prophanation of the Sabbath. Sodomy, disturbance of divine service, Polygamie, Diffamation, &c. as by opening of the 10. commandments may be drawn out to a great number, which ought to be censured by the Church. This partition wall of crimes made in the Canon Law, to make some crimes temporal, others spiritual, hath made the crimes reputed Ecclesiastical to be neglected by the Magistrates, and many crimes not reputed Ecclesiastical, on the other side to be neglected by the Church. As Adultery, howbeit by God's law it be capital, & so ought to be also by the law of man, is not made capital by their laws, but referred to the Ecclesiastical Courts, as proper to them; many sins of witchcraft, and sorcery likewise: And on the other side a Thief should not pass uncensured by the Church, howbeit he be overseen by the Magistrate. For the church ought to deal with every scandalous sinner, to bring the sinner to repentance, notwithstanding the Magistrate pardō, or neglect to punish. Next they have the offenses there reckoned up only for the fashion, & of others not their mentioned, they take a severe • account. As for example, Mucket doth add these following: Delay of Baptism at the point of death, contempt of Episcopal confirmation, not bowing the knee at the Litany, and at the name of Jesus, reproaches against the Liturgy, the government of the Church, &c. Profanation of the Chalice and the plate: Profanation of the Church-yards with Markets or Fairs, with weapon showing, with dancing, &c. In the Admonition to the Parliament it is said, Now great sins, either not at all punished, as blasphemy, usury, drunkenness, &c. or else slieghtly passed over, as with pricking in a blanket, or pinning in a sheet, as Adultery, Whoredom, &c. Again such as are no sins, as if a man conform not himself to Popish orders, and ceremonies; if he come not at the whistle of him who hath no authority to call, we mean Chanscellours, Officials, and all that rabble, are grievously punished, not only by Excommunication, Suspension, Deprivation, and other, as they term it, spiritual coertion, but also by banishing, impris • ning, reviling, taunting, &c. So howbeit the offenses; which are abovementioned in the Table; belong to Ecclesiastical inquiry in respect of the slander, they are taken from the lawful iudicatorie of the Church, and transferred to the Bishop to inquire, as he thinketh good. And therefore it is but pro froma, that they are here set down. Simony is one of the number, and yet what Simony is committed, and how that may be dispensed with, we have already manifested. Where is horrible blasphemy so rife? It were longsome to go through all the particulars. But this I cannot pass with silence, anent the profanation of the Lord's day, howbeit it be not here expressed. The Bill for the better observation of the Sabbath, 27 Elizabeth, being • assed by both houses of Parliament, was notwithstanding gainsaid, and withstood by none so much as by certain Evangelical Bishops, and whi • h, as there men generally conceived, was only stayed from being made a Law by the Queen, upon their counsel and perswaasion. When the Bshop doth visit, he doth not visit every parish by it self as our Presbyteries wont to do, but all the Parishes in the bounds of four or five rural D • anries at once. When his lordship comm • th to some principal Kirk of one of the Deanries, then the Ministers, Church-wardens, and Sidemen within the bounds of those Deanries are to repair to that place, The Parishes which perhaps have just matter of complaint against their dissolute Minister, of Church wardens, are not warned to be present at this Visitation. The Bishop being set on high, and the rest standing before him: the Church-warden touching the book and kissing it, is enjoined at an appointed day to make known to the Bishop, or his Vicar, such offenses as in a book of Articles given them are expressed. For he hath his Chancellor or Vicar and Arch-deacon, to assist him. At the appointed time the Church-wardens come, and give up their bills of presentments, the names and dwelling places of the delinquents. The delinquents are sent for, if they can round over the matter with the bishop, or his chancellor, or vicar, there is no more of the matter; but if not, then is the delinquent enjoined to take an oath: suppose there be no evidence of the crime▪ but only a slanderous report and brute, and if he free not himself by an oath, he shall be holden as guilty: yea further, he must have six or eight besides to swear at a set day, their oath of credulity, that they persuade themselves he hath sworn the truth, and thus he is purged by canonical purgation. Thus are they very careful, when the matter is not rounded over. For, as Lindwood, Canterburies principal Officiall, who wrote about 200. years since, saith, Vigilare non curant proelati quamplures ut obseruentur statuta nullam utilitatem bursalem inducenti • : Many Prelates are not vigilant and careful to have statutes observed which bring no purse profit with them. Many abuses and corruptions are in their V • sitations, no doubt, which have not as yet come to my knowledge, but you must be content good Reader with the little, that I have delivered.

In contentious jurisdiction, are to be considered either the persons, or the causes judged, or judgment it self. The persons, either the ordinary judge, or else his surrogate, or the parties, the pursu • r and def • ndant: and they do plade, either by themselves, or by others; as by the advice of advocates, or the diligent travels of their Procurators. The things judged, are either of public, or private interest: of public, as I contribution for reparations of the Church fabric, and Church-yard dike, and for acquiring any other thing which is l • cking in the Kirk: or 2 punishment some Ecclesiastical offense, or contumely.

It is true, every Church ought to be careful to hold up the fabrik of the Church, and to furnish it with all necessary utensils: but if the Parishioners who ought to be contributories, be slack, they ought to be pursued for the money in the Kings Courts, not in Church consistories. If a man holding land which usually paid a pound of wax to the Church, do withhold it, the Churchwarden may very welpursue before a civil judge. Suchlike if the Church be uncovered, or the churchyard unclosed. Church officers may not impose taxations.

Of private interest in causes of 1. matrimony, 2. succ • ssion to the goods of the deceased, 3. Ecclesiastical rights. Of matrimony. either by action, or for supporting▪ or dissolving of it. By action, either to conciliate & knit, as when we sue at law, that matrimony may be celebrate and consummate according to the contract, or that after the celebration, the mutual marriage duties may be performed, which is called Actio directa, or when we intend actiō of lactication of ma •• money against another, who falsely pretendeth a matrimonial contract to our prejudice, which is called Actio contraria. For supporting or upholding of matrimony, as when aft • r the marriage, we sue for the money promised in dowry with the Bride. For dissolving of matrimony, either for a precontract matrimonial of either of the parties, with some other, or perpetual and incurable frigiditie, or consanguinity or affinity by lawful or unlawful copulation, or adultery, or for rigorous dealing, in which case separation from the bedd, and bo • rd, but not from the bond is granted.

Such matrimonial causes as are mere civil, belong not to Ecclesiastical courts, as debts and dowries promised in marriage are not properly demandable in Ecclesiastical courts. Matrimony as it is a civil contract, may be ordered by civil laws, seeing upon it dependeth the right of inheritances providing that nothing be done repugnant to these conditions, which God in his word hath superadded to that contract, as to determine within degrees prohibited, or polygamy to be lawful. So far as it is divine, in that God conjoineth and interveneth as third person, and sets down conditions both of conjunction and dissolution, in the word, the Church is to see, that that order and these caveats be observed, which are contained in the word. For it may fall out, that both in binding up of marriage they may commit incest, and in dissolving without a just cause may offend also. It is the Churches duty to prevent and remove such offenses. But of other laws civil and municipal, they are not executors. These laws which are divine, are of a mixed nature. These which are civil, belong only to the civil Magistrate. The Churches part is transferred to the cognizance of officials, to whom it doth not belong. And therefore Beza concerning this abuse writeth thus. Sed quorsum hoc ad officiales, promotores, procuratores, totam deni{que} illam procorum colluviem, quae Ecclesiam Dei i • mpridē devastat, quorsum hoc ad illa non Ecclesiae tantūmodo Christianae, verumetiā universi mundi de- But what maketh this, saith he, for officialls, promoters, Proctors, and all that filth of swine, which now a long time doth waste the Church of God? What is this to these shameful stains, not only of the Christian Church, but also of the whole world. Further, beside the Churches part, which is to take heed to offenses and breach of God's law, they have taken the Canon law for the rule of their proceedings, both in spousalls, marriages, and divorces. And thirdly, have taken in debts and dowries, goods and chattels, which are accessory to marriage, to judge upon, and this must be called Ecclesiastical cognizance. Lastly, these causes are of such weight, that they are not to be committed to the skill or conscience of one base official.

It is observed by the author of the Assertion for Christian policy, that men's inheritances many times hang in suspense upon question of l • gitimation or illegitimation of their children, to be allowed or disallowed by the Canon law, and that many Knights, Esquires, and Gentlemen do complain, and bewa • le the stealing away, and marriages of their daughters, neeces, near kinswomen, or wards. Couples have been married, and lived together 4 6, or moe years as man and wife, and upon a new and sudden dislike and discontentment, or upon a surmised precontract, pretensedly proved by two suborned witnesses, by virtue of the Canon law the husband was adjudged no husband, & the wife no wife. Another example he relateth of one solemnly married to a wife, and after by reason of a precontract, solemnly divorced from the same wife, and compelled by censures of the Church to marry her for whom sentence of precontract was adjudged, and yet authorized by the same consistory about ten or twelve years after the divorce to resummon, recall, and rechallenge his first wife, she having a testimonial out of the same consistory, of her lawful divorce, and being again solemnly married to another husband. Licences of marriage have been granted out of their Ecclesiastical Court with a blank. So the party licenced was enabled, if it had been their pleasure, to marry another man's wife, or his wives sister. Many moe gross absurdities are there alleged by th • learned author, which the Reader will s • arce believe. But I omit them, and many other things which might be said anent the particulars set down in this Table.

Succes •• on to the goods of the deceased, is either or him, who hath made his testam • nt, or who hath died intestate. The first 〈◊〉 her universal, when the plea is for proving or improving the testament exhibited, or particular when the suit is for to obtain a cer • ain lega • ie. The s • cond is, either properly, when no testament is made, or by way of in • estate, as when there is none who will take upon them the burden of executorie. In either of the cases the action is either to obtain the administration of the goods, and that eithe • simply, or with the later will annexed, that it may be fulfilled, or wit • the tutorship, and to the use of the Min • r • or else the action is against him that ingyreth himself into the administration, and intrometteth with the goods of the deceased, not being enabled with any warrant.

Causes testamentarie, and their appendicles, are mere civil and temporal, and therefore do not belong to spiritual Courts. It is by the grant of Kings, not by Ecclesiastical right, that Church consistories have meddled with such causes. Because Bishops were supposed to be men of good conscience, and that they would be careful to see the later will of the deceased performed, then others, therefore they were reserved to Episcopal audience, and cognizance of Ecclesiastical Courts. But this respect was not founded upon God's word. For we must not look so much to conscience, as to a lawful calling: or else all civil causes pleaded before a Judge should be referred to Church-men, because of their supposed good conscience. And the truth is, it is but supposed indeed. For a Bishop or pastor that will medle in matters impertinent to his calling, hath but a bad conscience. Such a man will never make conscience of it, more then another religious Christian. And what conscience they made of the matter, may be seen, in that they transferred that which was committed to their trust, to a base Officiall, who hath as bad a conscience as the Bishop himself, and badder, if badder may be. And as for skill in deciding such causes, no man will deny, but the civil judges are more able to cognosce and determine in them, then Church-men. By the common law, saith Lindwood, these causes were not committed unto the Church, but by the free grant of Princes: And therefore in the laws alleged by him, approbation and insinuation of testaments are forbidden Clergiemen. Et ratio redditur in juribus illis allegatis, quia opprobrium est clericis, si peritos ostendere vel •• t rerum for • ense ••• . May not matters of legacies, and bequests of goods, as well as of lands, be determined in remporall Courts? Cannot the Judges in temporal courts discern upon proofs, and other presumptions, whether the testator was of perfect memory, or distracted, as they do in questions of lunacie, madness, or idiocie, in men living? Can they not define of two wills, which is the first, which is the later will, whether the legacy remain, or be recalled; whether it be pure or conditional. If a creditor may recover his debt due by the testator in the temporal Court, what should hinder a legatarie to recover his legacy in the same Court? This point is made clear, and amplified in the Assertion of true and Christian Church policy.

To conclude then, probates of wills, committing of Administrations, sequestrations of the goods of the intestate, recovering of legacies, taking up of inventaries, &c. belong not to a Church Consitory, and it is a very great abuse that such Consistories should be called Church consistories, and that spiritual censures should be put in execution by them.

Ecclesiastical dues and rights, are 1. tithes, which are either Praediall, Personal or Mixt.

Praediall tithes are such, as come of the fruits and crop of the ground, as of corn, or fruits of trees. Personal are such, as are paid by reason of the person himself, out of the gain that he maketh of this trading, handicraft, hunting, warfaring, &c. The Mixt is added by s • me as a third kind, but others reduce them according to their diversity to one of the first two, and such are the birth of bestial, wool, milk, whether they be fed at home, or be at pasture in the field. Tithes of whatsoever kind, are but temporal goods, not spiritual, howbeit they be annexed to spiritual things, and be appoyn • ed to uphold and maintain divine service, and spiritual functions. Tithes were of old recovered in the Kings Court, not in Ecclesiastical, as is averred in a treatise alleged by the author of the Apology of proceedings in Courts Ecclesiastical. We think that the Kings Courts be put out of iu •• sdiction for tithes, by a custom of the Realm, and not by the immediate power of the law of God. And again. That suits for tithes shall be taken in the spiritual court, is only grounded upon a favor that the Kings of this realm, and the whole realm have in times past borne to the Clergy. That the kings Courts of his Bench, and common pleas, and also other inferior courts were put out of jurisdiction for tithes, & suits for tithes were granted to spiritual Courts, was a favor, it is true, granted to the Clergy, enabling them with power within themselves to recover tithes destinate to their maintenance, but we must not look so much to the commodity we may reap by the grants of Princes, as whether Church consistories should medle with such controversies concerning things temporal. This man owe me a cole, that man a sti • k, the third two stone of butter, the fourth such a number of Saffron heads, the fifth so many sallow Trees: such, and such suits, were very pertinent for a Presbyterie to sit upon; for the Presbyterie is the true and right Consitory. Now change this Consitory as ye please, and make the Bishop alone to be the Church consistory, it is all one For the causes themselves being temporal, the quality of the person doth not alter the nature of the cause. In the Assertion for true and Christian policy, it is said, That by a statute 32. Hen 8. c. 44. it is enacted, That the Parsons, and Curates of five Parish Chu •• hes whereunto the Town of Royston did extend it self and every of them, and the successors of every of them, shall have their remedy by authorit • of that Act, to sue, demand, ask, and recover in the Kings Court of Chancery, the tithes of corn, hay, wool▪ lamb, and Calf, subtracted, or devyed to be paid by any person, or persons. Are the tithes of other Parishes more spiritual then these of Royston? But admitting such pleas to be pertinent for a spiritual Court, they should not be turned over to a Civilian, the Bishops Officiall. And what favor is granted to Church men by Princes, when a Doctor of the Law shall determine in these pleas!

2. Oblations due of custom either every quarter of the year, or in baptisms, or at blessing of marriages or at Churching of women, or at burials: 3 Mortuaries▪ 4 Indemnities, 5 Procu • a • ions. 6 expenses laid forth for the repairing of Ecclesiastical buildings decayed by the negligence of the Predecessour, 7. Synodalls, 8. wages and feel due for causes judicial, as to the Judge, the Advocate, the Proctor, the Clarke. Or for causes out of judgment, as to the Curate or Sexten.

A procuration is the furnishing of necessary expenses for the Archbishop, Bishop, Archdeacon, or any other having power to visit in respect of their visitations. For howbeit the Bishops have great temporalities and possessions Ecclesiastical, that doth not content them, but they must be sustained besides in their travelling. They say, they must have great riches, because they have a great burden, and must not discharge their charge still in one place, but through the whole Diocie. And yet when they have gotten more then may suffice reasonable men, they will not travel without a new pension, and their expenses borne. For no man is bound, say they, to go on warfare on his own cost. And so with a new trick they got procurations annexed to their visitations, as proper stipends due to visitors. At the first, the visitor and his retinue, had their sustentation in victuals for the day which he visited the particular Church. Afterward the procuration was rated to some value of money, answerable respectively to the dignity of an Archbishop, or Archdeacon: for their retinue was prescribed in the Canons and Constitutions. The Archdeacon was appointed to have only to have 4. persons on horseba • ke, and one Sumner. What think ye then shall be the retinue of the Bishop or Archbishop, if this be moderate in the Archdeacon. Farther, whereas they ought not to have procurations, except they visit every particular Church. They will visit 30. or 40. churches in one day at one place, and yet receive the diet in money of 30. or 40. churches or days. They make commodity of their visitations otherwise also, as ye have heard. Synodals are another pension due to the Bishop by every Church in the Diocie for convocating Synods. And yet their Synods are not worthy the name of Synods, for the Diocesan Bishop is only Lord and Judge, the rest are to be judged, rather then to partake in common with his power. A Mortuarie is the second beast, that the deceased person hath within the parish, if he have three, or above, the best being excepted and reserved to the just owner. If the three be of one kind, or of divers, the parish Priest must have the second: and wherefore I pray you? for recompensation of the personal tithes, or offerings withholden, while he lived, yea howbeit ignorantly and unwittingly, saith Lindwood, and to what end, pro salute animae suae, saith Simon Langham Bishop of Canterbury in his Provincial constitution. For the safety of the soul consisteth in remission of the sin, saith Lindwood in his gloss upon that constitution, which is not remitted, saith he, unless that which is withholden be restored. These are the Mortuaries, as ye see, which are demandable in their spiritual courts. Oblations should be free from compulsion, and superstition, not offered immediately to God upon the Altar, as sometimes they do, nor exacted under the color of maintenance of the ministry, whereto the tithes are already bestowed to that use. The rich parson, yea the Bishop himself claimeth a right to these oblations, as well as the poorest Priest. To compel men to offer by the censures of their Courts, is against the nature of a free offering. The fees demandable in their Courts, as due to the Judge, the Register, the Advocates, the Proctors, are unreasonable. Large fees are paid for the Judges sentence, for the Register and the proctors pains, above the rate set down by their Canons, as the defender of the last petition doth affirm. What is there obtained without paying a fee? They have fees for excommunication, for absolution, for institution and induction, for letters of sequestration, & relaxation, for licences to preach, for subscription of a testimonial, for commutation of penance, for license to marry without banns, &c.

The judgment it self, in which is to be considered, 1. the calling for the parties to law, 2. Litis contestation, 3. cognition of the cause, 4. the sentence, 5. such things as follow the sentence, as execution, or appellation.

These things are common to every court of contentious or litigious jurisdiction. Here is to be observed, that such a litigious kind of pleading for things civil and temporal, becometh not the Church of God. Nos scimus, saith the Bishop of Split, quia 1. Cor. 11. contentione • faciendi Ecclesia Dei cons • etudinem non habit, nisi postquam facta est p • ne tota temporalis, & pervenerint ad papatum inquieti & theologiae expe ••• juristae. Here also is to be remembered the longsomnesse of Ecclesiastical suits, depending in their Courts. Now the Judge, Register, Advoca • t, Proctor, are all agreed to prolong suits for their advantage, and so as the Prophet saith, they wrap it up, Mich. 7. 3. saith the Defender of the last petition. Where he doth also insinuate that suits have been prolonged above two years in their consistories.

We have seen what civil causes, and after what manner they are handled. Criminall causes are brought in judgment, either by accusation, when there is one to accuse, or by denunciation, as when the Churchwardens make their presentments into there courts, twice in the year, and at the visitations, or by inquisition, when the judge of office doth inquire into offenses. What are the offenses and crimes punishable in Ecclesiastical Courts, and what are these which they chiefly search out and punish, we have declared in the table of Visitation.

CHAP. 5. Of Archdeacons, Chancellors, Commissaries Officials, and Vicars general.

NOW followeth the jurisdiction exercised by the Bishops Deputies, and Archdeacons, whereunto I will premit the rest of Sir Francis Bacon now Lord Chancellor his censure.

For the second point, which is the deputation of their authority, I see no perfect and sure ground for that neither, being somewhat different from the examples and rules of government. The Bishop exerciseth his jurisdiction by his Chancellor and Commissary, Officials, &c. We see in all laws of the world, officer of skill and confidence cannot be put over or exercised by Deputy, except it be specially contained in the Original granted, and in that case it is dutiful. There was never any Judge, in any court, made a Deputy. The Bishop is a Judge, and of a high nature; Whence cometh it that he should depute, considering that all trust and confidence, (as was said) as personal, and inherent, and cannot, and ought not to be transposed? Surely in this again, Ab initio non fuit ita. But it is probable, that Bishops▪ when they gave themselves too much to the glory of the world, and became Grandoes in kingdoms, and great Counselors to Princes, then did they delegate their proper jurisdictions, as things of too inferior nature for their greatness, and then after the similitude of kings, and Count Palatines, they would have their Chauncellors and Judges.

But that example of Kings and Potentates giveth no good defense. For the reasons why kings administer by their Judges (altho • gh themselves are the supreme Judges) are two. The one, because the offices of Kings are for the most part inheritance, and it is a rule in all laws, that offices of inheritance are rather matters, that sound is interest, then in confidence, forasmuch as they may fall upon women, upon infants, upon lunatickes, and Idiots, persons not able to exercise Judicature in person, and therefore such offices by all laws, might ever be administered by delegation, The second reason is, because of the amplitude of their jurisdiction, which is as great, as either their birthright from their Aun • estours, or their sword-right from God, maketh them. And therefore Moses, that was governor over no great people, and those collected together in a campe, and not scattered in Provinces, and Cities, himself • l • kewise of an extraordinary spirit, was nevertheless not able to suffice, and hold out in person, to judge the people, but did by the advice of Ie • hro his father in law, approved from God, substitute Elders and Judges, how much more other Kings and P • inces.

There is a 3 reason likewise not much from the present purpose, and that is, that Kings either in respect of the common-wealth, or of the greatness of their own patrimonies, are usually parties in suits, and then their Judges stand indifferent between them and the subject. But in the case of Bishop, none of these reasons hold. For first, the office is E • ective and for life, and not patrimoniall, or hereditary. An office worthy of science, confidence, and qualification. And for the second reason it is true, their jurisdiction is ample and spacious, and that their time is to be divided between their labors, as well in the word and doctrine, as government, and jurisdiction. But I do not see, supposing the Courts to be used uncorruptly, and without any indirect course held to multiply causes for gain of fees, but that the Bishop might very well for causes of moment supply his judicial function in his own person. For we see before our eyes, that one Chancellor of England dispatcheth the suits in equity of the whole kingdom, which is not by reason of the excellency of that rare honorable person, who now holdeth that place, but it was ever so, though more or less burthenous to the suitor, as the Chancellor was more or less able to give dispatch, and if heed be taken to that, which was said before, that the Bishops labor in the word must take up a principal part of his time, so I may say again, that matter of state have ever taken up most of the Chauncellours time, having been for the most part persons, upon whom the Kings of this Realm have most relied for matters of Counsel. And therefore there is no doubt, but the Bishop whose circuit is less ample, and the causes in nature not so multiplying, where the help of references, Certificates, to and from fit persons, for the better ripening of causes in their near proceedings, and such ordinary helps incident to jurisdiction, may very well suffice his office. Yet there is another help: for the causes that come before him are those, tithes, legacies, administrations, and other testamentarie causes, causes Matrimoniall, accusations against Ministers, tending to their suspension, deprivation or degrading. Symonie, incontinency, heresy, breach of Sabbath, and other like causes of scandal. The first two of these differ in mine opinion, from the rest, that is, tithes and testaments, for those be matters of profit, and in their nature temporal, though by favor and connivancy of the temporal jurisdiction, they have been allowed and permitted to the Court Ecclesiastical. The one, to the end the Clergy might sue for that, that was their sustentation, before their own Judges, and the other, is a kind of piety and religion which was thought incident to the performance of dead men's wills. And surely for these two, the Bishop in mine opinion may with less danger, discharge himself upon his ordinary Judges. And I think likewise, it will fall out that those suits are in the greatest number. But for the rest which require a spiritual science, and discretion in respect of their nature, or of the scandal, it were reason in mine opinion, that there were no audience given, but by the Bishop himself, he being assisted, as was touched before. But it were necessary also, he were attended by his Chancellor, or some other his officers, being learned in the civil laws, for his better instructions in points of formality, or the courses of the Court, which if it were done, then were there less use of the official Court, whereof there is now so much complaint. And causes of the nature aforesaid being drawn to the audience of the Bishop, would repress frivolous suits, and have a grave and incorrupt proceeding to such causes, as shall be fit for the Court. There is a third form also, not of jurisdiction, but of form of proceeding, which may deserve reformation, the rather because it is contrary to the laws and customs of this land, and state, which though they do not rule this proceeding, yet may they be advised with for better directions, and that is the oath ex officio, wherein men are forced to accuse themselves; and that is more, are sworn unto blanks, and not unto accusations, and charges declared. By the laws of England, no man is bound to accuse himself. In the highest causes of treason, torture is used for discovery, and not for evidence. In capital matters, no delinquents answer upon oath is required, no not permitted. In criminal matters not capital, handled in the Star-chamber, and in causes of conscience, handled in the Chauncerie, for the most part, grounded upon trust and secrecy, the oath of the party is required. But how? where there is an accusation, and an accuser, which we call bills of complaint (from which the complaint cannot vary, and out of compass of the which the defendant may not be examined) exhibited into the court, and by process certified unto the defendant. But to examine a man upon oath▪ out of the insinuation of fame, and out of accusations secret or undeclared, though it have some countenance from the civil law, yet it is so opposite ex Diametro, to the sense of the common law, as it may well receive some limitation.

This wise Politician maketh this overture, supposing that the Bishops ample and spacious circuit will not be contracted, and that these causes, which in their own nature are temporal, wlll not be drawn from the ecclesiastical Courts. For such a reformation is not, nor may not be 〈◊〉 at in these days, at least Politicians will not hazard their places and hopes in seeking of it, le • t Caesar • tart. But their is a day coming for the Antichrist, and them also. What we have spoken before against meddling with civil causes, their large Diocie, and excluding the Presbyterie from the common government here not m • lled with, I need not to repeat. Always the reader may take up very solid reasons against the deputation of their authority.

The ordinary Judges, who under the Prince execute judicial administration in name of others, are the Bishops deputies, to wit, the Vicar general, for the universitie of causes belonging to voluntary jurisdiction, 2. The official principal, for the universitie of causes belonging to contentious jurisdiction. 3. The Comm • ssary, for certain • causes, within a certain part of the Diocie.

The persons having judicial admininistration not brought in by any law, have it either by Royal composition, or privilege, or prescription of time. By prescription of time as 1. some in exempt jurisdictions. 2. Archdeacons, whose office constitute by law, is to inquire in the repairing and covering of Kirks, & their implements, in ecclesiastical enormities to be punished, to refer to the ordinary matters or greater moment to induct into benefices. 2. jurisdiction, as they have it by prescription. It is • xerced e • there by themselves, or by their Officials.

〈◊〉 Bishop hath a twofold power, one of order, another of jurisdiction. The power of order he committeth to his Suffragane Bishop, as ordaining of ministers and Deacons, Bishoping of children, dedication of Churches and church yards etc. Their jurisdiction, is either voluntary, or contentious. The voluntary he committeth, when he is absent, to his Vicar general, the contentious he commiteth to his Chancelor, and Com •• ssarie. The Vicar general then in absence of the Bishop may visit the Diocie, or any part thereof, give certificates into the Kings Courts of bastardy and of excommunicates, commit administrations, give license to eat flesh upon forbidden days, & do all that may be done by the Bishops voluntary jurisdiction, whereof we have entreated already. D. Field saith, that Bishops had Vicars general, that might do all things almost that pertain to the Bishops jurisdiction. And Lindwood saith, that they might not only inquire into, but also punish and correct offenses. The other deputies of the Bishop may be also called his Vicars, yet are they designed 〈◊〉 distinct name, because they have a distinct office, to wit, the Chancellor, and the Commissary.

The Chancelor is the Bishops principal official, deputed for his principal Consitory. The Commissary is the Bishops official. also, but in some remote part only, or some places, exempted from the Archdeacon, and he is called in the Canon law, Officialis foraneus, id est extraneus, saith Canisius. This distinction betwixt the Chancellor and Commissary, is made clear in Cowells interpreter, as followeth. Officialis in the Canon law, is especially taken for him, to whom any Bishop doth generally commit the charge of his spiritual jurisdiction. And in this sense one in every Diocie is Officialis principalis, whom the statutes and laws of this kingdom call Chancellor, Anno 32. Henr. 8. c. 15. the rest, if there be more, are by the Canon law called Officiales foranei, gloss. in Clement. 2. de rescriptis, but with us termed Commissaires Commissarij, as in the statute of Henr. 8. sometimes Commissarij foranei. The difference of these two points you may read in Lindwood. tit. de sequestra, c. 1. But this word Officiall in our statutes, and common law, signifieth him whom the Archdeacon substituteth in the executing of his jurisdiction, as appeareth by the statute above mentioned, and many others places. Again, Commissarius is a title of Ecclesiastical jurisdiction, at least so far as his commission permitteth him in places of the Diocie, so far distant from the chief city, as the Chancellor cannot call the subjects to the Bishops principal Consitory, without their too great molestation. This Commissary is of the Canonists termed Commissarius, or Officialis foraneus, Lindw. de accusat. c. 1. in glossa, and is ordained to this special end, that he suplieth the Bishops jurisdiction and office in the out places of the Diocie, or else in such parishes as be peculiars to the Bishop, and exempted from the jurisdiction of the Archdeacon. For where either by prescription, or composition. there be Archdeacons that have jurisdiction within their Archdeaconries, as in most places they have, there this commissarie is but superfluous, and most commonly doth rather vex and disturb the country for his lucre, then of conscience seek to redress the lives of offenders. And therefore the Bishop taking praestation money of his Archdeacons yearly, pro exteriori jurisdictione, as it is ordinarily called, doth by superonerating their circuit with a Commissary, not only wrong the Archdeacon, but the poorer sort of subjects much more, as common practice daily teacheth, to their great woe. The Bishops Chancellor and Commissary, and the Archdeacons official, are all three termed officialls in the canon law, the Chancellor the principal official, the Commissary, Officialis foraneus, the third, the Archdeacons official, or by the general name of official. In the laws and statutes of England, the first is called Chancellor, the second Commissary, the third by the general name of Officiall. The name of Chancellor in this sense, is not so ancient as that of Officiall, saith D. Field, and that in a general signification it is used for any one that is employed for the giving of answer to suitors, for keeping of records, and notes of remembrance, and generally for the performance of some principal duties pertaining to him, whose Chancellor he is said to be. The principal official, that is, the Chancellor, howbeit he be but only a Deputy, yet by fiction of the law, when he cognosceth any cause, he is interpreted to be but one person with the Bishop, and to make but one consistory with him. So that howbeit the Bishop be not present there, yet it is his consistory. Such fictions of law have been made by, cosening and deceitful Prelates, to deceive the world. And therefore say the Canonists, there lieth no appellation from the principal Officiall to the Bishop, but to the Archbishop: yet from the Commissary, who is Officialis foraneus, there lieth appellation. Regularly appellation also may be made from the Archdeacon, and other inferior Prelates, to the Bishop, saith Canisius, unless the custom of the country hath brought in another order. The Archdeacon hath a certain circuit of the Diocie, wherein he exerciseth his office and jurisdiction. For every Diocie is divided into certain Archdeaconries, comprehending about the fourth part of the Diocies, if they be great Diocies. But if they be lesser Diocies, they have but one Archdeacon, as Canterbury, Rochester, Gloucester, Bristow, Worcester, &c. The Archdeacon by virtue of his degree and order, hath no jurisdiction, but only by prescription of time, that is a papal custom, which is yet retained in the English Church. In Jerome's time at Rome the Deacons began to exalt themselves above Ministers, against which usurpation & evil custom of the Church of Rome, he inveigheth with great vehemency, as a thing unsufferable, that the ministers of tables, and to widows, should be lifted up with pride above the minister of the word and sacraments, and opponeth to the custom of the church of Rome, the custom of all the churches in the world. And yet the old corruption of that one church, (wherein there institutions ye see if they were excellent) hath spread over the whole church, and grown to a great height. So that the Archdeacons will not, saith Mr. Cartwright, take the best Ministers of the church, as their equals. They are called Archdeacons, not of one particular Church, but of a whole shire, whereas Deacons were appointed in several churches. It is true, that many of their Archdeacons are also ministers, but yet they exercise their jurisdiction over a whole shire, ministers and others within the bounds of their Archdeaconrie, not as Ministers, but as Archdeacons. When the Bishop should have visited his Diocie, and inquired into needful reparations of the church, and what other things were out of order, he sent his chief Deacons to visit for him. At the first they were sent only to visit and make report, but not to sententiate in any man's cause, saith D. Field, or to meddle with the correcting and reforming of anything: but afterwards in process of time they were authorized to hear and determine the smaller matters, and to reform the lighter and lesser offenses. Hence in time it c • me, that Archdeacons much used by Bishops, as most attendant on them in the visitation of their churches, and reforming small disorders, at length by prescription claimed the correction of greater things, at having of long time put themselves into the exercise of such authority. So the Archdeacons in the end became greater then the Deans, let be common Ministers. The lazy Bishop sent his Deacon to inquire into the life and conversation of the Clergy and Ministers, which was not his office, yet ye see from what a small beginning he is risen to so great a height. It is dangerous to depart from the right pattern shown upon the mount. Again, to make a Preacher of the word a Deacon, is to conjoin these two offices, which the Apostles did separate.

Archdeacons then almost through all England by papal prescription have jurisdiction within their bounds, and power to visit, to inquire into offenses, to receive presentments, & to punish with ecclesiastical censures, to substitute officialls to supply their rooms in their Consistories, whereby it hath happened, that the subjects have been molested for one and the self same fault by the Bishops Chauncelours, and the Archdeacon or his official. In a Canon lately made anno 1603 they have transacted the matter so, that they shall not medle with the presentments, received at others visitations; how the transaction is kept I cannot tell. It is to be observed that Chauncelours and officials are Civilians, Ministers do sometime also bear these offices, but utterly ignorant in these faculties. For these Courts being confused Courts wherein matrimonial, testamentarie and other causes of temporal matters are handled not belonging to ecclesiastical cognizance, no wonder the Minister be ignorant in them. But on the other part, it were a shame if a Civilian should know better how to deal with an offender, and to bring him to repentance. Again what a gross absurdity and intolerable abuse is it in the Church of God, that Chauncelours, Commissaries, & officialls being Civilians should meddle with the censures of the Church. The Bishop hath vendicate to himself the whole power of excommunication, and then he transferreth this his power by a general commission to another, which he may not lawfully do, no not to a minister, far less to a Doctor of the Civil law, whom he appointeth to be his Chancelor, or the Archdeacon to him, whom he appointeth to be his Officiall.

They have found out a new trick, which will not serve their turn. The Civilian, the Chancellor, or official, when he is to excommunicate, he hath a minister to assist him, who pronounceth the sentence. The defender of the last petition telleth us, that the minister assistant to the Chancellor, who is for the most part of the meanest and simplest of the clergy, is but a cyphar, he doth nothing but his masters direction, excommunicateth and absolveth at his pleasure. The Minister is not judge here, the sentence is set down in writ to him in Latin, which he must rehearse. A memorable example we have in the Assertion for true and Christian church policy, together with the Article made anent this matter. Vniusquis • Vicarius generalis, officialis ceu commissarius, qui ordines Ecelesiasticos non susceperit. &c. Every Vicar general, official, or Commissary, which hath not taken upon him Ecclesiastical orders, shall call and associate unto him, some learned Presbyter, who being armed with sufficient authority from the Bishop in his jurisdiction, or from the Archdea, being a presb. in his iurisdictiō shall denounce, and that by the prescript of the judge present, the sentence of excommunication for contumacy. The example and practice of this precept followeth. Dr. Hone the Archdeacon of Surrey his official, being to excommunicate certain persons, had a silly Curat, Mr. Rowland Allen to attend his service, and to denounce the lesson which was written to him in paper to read, Johannes Hone, legum Doctor, officialis vener • bilis viri Domini Archidiaconi Surr. omnibus & singulis Rectoribus, &c. salutem. Cum nos rite & legitime procedentes, omnes & singulos, quorum nomina &c. in non comparendo, • oram nobis, &c. ceu saltem in non satisf • ciendo mandatis nostris, &c. pronunciaverimus contuniaces, ipsosque ex communicandos fore decreverimus. Cumque • iscretus vir Magister Roul. Allen Presbyter, 〈◊〉 omnes et singulos subscriptos ex officio nostro ex cōmunicaverit in scriptis iustitia id exigente, vobis igitur committimus &c. quatenus eos omnes sicut prefertur ex officio nostro excommunicatos futsse, e • esse palam denunci • tis Datum sub sigi • o officialitatis nostrae 19 die Decembris Anno Domini 1587. John Hone Doctor of the laws, official of the venerable man the 〈◊〉 of Surrey, to all and singular persons &c. greeting: Whereas we otherwise rightly and lawfully proceeding, all and singular, whose names are 〈◊〉 in not appearing before us, or at least 〈◊〉 in not satisfying of our mandates, have pronounced contu • ci • us▪ and decreed them to be excommunicated. And whereas, also the discreet man Mr Rowland Allen Presbyter, out of our office, hath excommunicated 〈◊〉 and singular underwritten • i • stice so requiring. Wherefore we charge, that openly you denounce, and declare them, and every of them, so as aforesaid, out of our office to be excommunicated. Given under the seal of our officiality, the 19 of December 1587. The poor curate, saith this author, jerked these, whose pointes soever the other untied. Now in this case it cannot be said, that it was only the poor Curate, who 〈◊〉 excommunicate. For he is but the hangman, the other is the Judge. Poor Rowland Allen rehearsed the sentence by the prescript of Doctor Hone. Doctor Hone •• ted, pronounced them contumaciously absent, and upon the con • umacie decreed them to be excommunicated, prescrived the lesson to poor Rowland Allen, without which things the sentence should be a nullsentence. D. Hone the Archdeacons official, hath power to call and associate unto him, and to prescribe Rowland Allen presbyter, and another man's hireling Curate in Southwarke to excommunicate, not only the parochians of another's Pastors charge, but also any other Pastor whatsoever, subject to the Acchdeacons jurisdiction. If it be lawful at the voice of a lay stranger, that an hireling and stipendiarie Curate should chase another man's sheep out of his own fold, how much more is it lawful that a true shepherd should disciplinate his own sheep, feeding and couchan • within his own pasture, and within his own fold. Ye see then whereto this alteration of discipline will turn in the end. The censures of the Church as a matter of no worth or moment, shall be put in the hands of base Officials, and blind Rowland Atlens. An Ox and an Ass shall plow together in the Lord's field. The Chauncellors, Commissaries, and Officials, have power to convent a minister before them, and if he compeir not, first suspend, and then excommunicate him, as is evident by their latest Canons. Thus shall the worthiest of our ministry be brought under bondage. The Reader may see how unworthily the Archbishops, Bishops, and Archdeacons deal with the Church, which not content themselves to use tyranny over it, and to take upon them of their private authority, which belongeth unto other with them, have also brought it into bondage under their servants, and servants servants, I mean Chauncellours, Commissaries, &c. saith Mr. Cartwright. The Commissary court is but a little stinking ditch, say the authors of the admonition to the Parliament. In this Court one alone doth excommunicate, one alone sitteth in judgment, and when he will can draw back the judgment which he hath pronounced, having called upon the name of God, and that for money, which is called the changing of penance. In this Court for none payment of two pence, a man shall be excommunicate, if he appear not when he is sent for. This Court pouleth parishes, scourgeth the poor bedge-priests, ladeth Churchwardens with manifest perjuries, punisheth whoredom and adultery with toyish censures, remitteth without satisfying the congregation, and that in secret 〈◊〉 giveth out dispensations for unlawful marriages, and committeth a thousand such • ike abomina ••• ; where the Judges, Advocates, and Proctors are for the most part papists. And as for Scribes and Notaries, as greedi • as Cormorants: If they all should perhaps see this writing they would be as angry as Wasps, and sting like 〈◊〉 . Three of them would be enough to sting a man to death, for why, they are high Commissioners. Again, who be their Chauncellours, but most suspected Papists. I hear not of one of them, but he is a br •• er. Who be their Sumners, but the veriest varlets? What are the Canonists? what are they but suspected Papists, and where have they the most countenance, but of the Bishops? To be their chief doers, and high Commissioners, with them to wr • g their brethren, if they be God's children, and to • et papists pass free, or to be punished lightly. How are matters dealt with in their Courts, but all for Mistress Money. What a charge are they to the Clergy? and what a sum have they yearly, that might be saved, and it is no small matter that maintaineth their Courts. Again, It would grieve a chaste ear to hear the bawdie pleading of many Proctors and Doctors in those Courts, and the Sumners, yea and Registers themselves. Mr. Archdeacon and Mr. Chancellor are even fain to laugh it out many times, when they can keep their countenance no longer. Suppose our high commission were never so odious, yet the Bishops shall be sure of such servile varlets Commissaries, Officials, and Chauncellours to sit with them, for why they shall be their own creatures. It is no wonder they be bribers, for the Bishops and Archdeacons, set in farm their jurisdiction to them. Some Chauncellours and, officialls pay 20. some 30. some 50. pounds yearly for their place, Registers some an hundred, some two hundred pounds, some more. How then is it possible but they should extort in their office, and by unreasonable and untollerable exactions make up their hard rents? as it is said in the Defense of the last petition for reformation. Many grievous complaints have been made against Officials, Commissaries, and Chauncellours from time to time, in Germany, France, and other countries, which I might produce to make this bondage yet more sensible.

CHAP. 6. Of Suffragans, Deans, and Cathedral Churches.

WE have seen in the former Tables, what persons have judicial administration. Now follow,

Persons having no Judicial administration. Those are either Ecclesiastical persons, or lay-men. Ecclesiastical persons are the Deacon, and the Minister: and they have their function, either without perpetual title, as Curates, or with title. The second sort, either have a peculiar function beside their common function, or have not a peculiar function. These who have a peculiar function beside the common, either have it through the whole •• iocie, or but in a part of it. Through ane whole Diocie, as the titular Bishops, who were of old called Chorepis • opi, that is, Rurall Bishops, now they are called Suffragans. They are to be considered either according to the place, which they hold in the Common-wealth, to wit, next unto Barones, or according to the place which they have in the Church, to wit, that they are Bishops both in calling and order, but wanting jurisdiction, 2. Dedicate Churches, 3. confirm children, instructed before in the Rudiments of Christian religion, and that in a Diocie allotted unto them.

That which is here said of Suffragans, that of old they were called Chorepiscopi, is controlled by Mucket himself. For he sa • th, that the Rurall D •• nes are like the old Chorepiscopi. De •• ni 〈…〉 is Ecclesiae Chorepiscopis & A • chipresbyteris Regionarijs haud absimiles. And so doth Bleynianus also in his introduction into the theorie and practique of benefices. At the first, where the Gospel was spread through the Country towns and villages, as it was through Cities, so they had Coun • rey or rural Bishops, as well as Bishops in cities. But ambition and pomp in City Bishops increasing, it was thought a disgrace that such a dignity should be obscured with a mean place of residence. Therefore it was decreed, that it should not be lawful to ordain any Bishop, either in villages, little forts or small Cities, lest the name and authority of a Bishop should wax vile. Satan was advancing this way the great mystery of iniquity. Because he would make of Bishops young Princes, he went about, as is well observed by Mr. Cartwright, with robbery of the rest, to lift up the head of one: otherwise the great pomp which they were striving for, could not be maintained. At the first, the country or Rurall Bishop had the same power in his circuit which the City Bishop had in the city and suburbs of it. Jerome saith, that the bishop of an obscure city hath as much authority as he of the most famous city. The Presbyters who were ordained by them, their ordination was not made void and reversed, until they were thrown down through the pride and despite of city bishops, to the order of priesthood, which is an argument sufficient, that they were in estimation and judgment of the Church, bishops of that same sort and kind, that the city bishops were. Being spoiled of the greatest part of their power, and name also, they there called Archipresbyteri, at the last, Country or Rurall Deans, and were made subject not only to Bishops, but also to their Archdeacons, No propter subrogationem in locum Chorepiscoporum superbirent Archipresbyteri, & idem, sibi quod antea Chorepiscopi arrogarent, si immediate Episcopis supponerentur, saith Bleynianus a Papist. This is his conjecture, that the Archpresbyters were thrust down to a degree lower then Archdeacons, lest if they had been immediately subject to Bishops, they might perhaps have claimed the power of the old country Bishops, to whom in place they succeeded. For justly Archpresbyters may claim by their order, that which Archdeac. cannot do. For howbeit they be inferior to Archdeac. in Popish dignity, yet they are greater then Archdeacons in respect of their order. Country Bishops at their first erection being equal to City Bishops, were not their Deputies. In the later, and corrupt ages, proud Prelates, and loitering Lord's, addicting themselves to the world, seeking ease, or entangling themselves with worldly affairs, as they committed the Ecclesiastical jurisdiction to Chauncellours and Commissaries, so that which is most proper to them, as they pretend, as ordination of Priests and Deacons, confirmation of children, and dedication of Churches, they committed to Suffragans, that they might give themselves to ease, and wait upon Councils, Parliaments, and other civil Courts: and reserved nothing belonging to their own charge, that might trouble their ease, or draw them from attendance upon Princes Courts, and civil employments. D. Field alledgeth against these Suffragane Bishops, Melchior Cano a papist. Such Bishops Melchior Cano entreating of Councils, and the persons whereof Councils consist, saith, they are so far from having any place, or voice in councils, that they neither have, nor ought to have any place in the church at all. The Bishops he speaks of, he calleth annular Bishops, happily for that whereas full Bishops had both staff and ring expressing their jurisdiction, as well as their espousing to the church, these had the ring only. That Suffragans may ordain Priests and Deacons, and confirm, in their Church, is evident by their latest Canons. Now if Bishops may transfer these things which belong to their order to one Suffragane, they may transfer it also to moe, and consequently to all the Cathedral and country Deans, and restore the country Deans to their old liberties again. It dependeth only upon some new Canon. The Bishop of Split saith, Imo si vult Epis • opus, & canones non prohiberent, potest suos parochos plene Episcopos facere, & ordinare ut omnes sui or dini • actus pl • ne possint explere: & simul ac in soli 〈◊〉 cum ipso Ecclesiam gubernare. The Bishop may make all his parish priests, not only half but full Bishops, that they might govern the Church in common with him, saith he, if the Canon law were not an impediment. The parish priest may curse this Canon law, that h • ndreth them of that which God's law alloweth them. But that which Divine law hath given to every pastour, neither Canon nor civil law should take from them.

In a part of the Diocie, as Archpresbyters whom they call rural Deans, and now they are employed for the most part, to convocate their Classis, 2. to intimate to them something directed by missive from the ordinary, as occasion shall require. 3. to Induct into benefices in place of the Archdeacon, being busied in some remote part.

There were two sorts of Acchpresbyters of old. The city Archpresbyter, who is now called the cathedral or city Dean, & the Country Archpresbyter, who is called now the rural Dean, who was at the first institution moderator of the classis, or country Presbyterie, & thereafter made a country Bishop, or Chorepiscopus within his own circuit, as the city Bishop was at the first but President, or moderator of the Presbyterie of the city and suburbs. For we must not think that the country Bishop ruled alone without his classical Presbyterie, more then the city Bishop did. In process of time the city Bishop grew to this great statelynes, which now we see, and the o •• Chorepiscopus decreased, and was thrown down by degrees, till at last he is come to this poor estate of a rural Dean. He it not ranked in this hierarchy amongst the persons having iudicial administration, but among those who have none, as ye see, to intimate to the Priests with in his Deanrie, what is the Bishops pleasure either severally, or to convocate them together to that effect, or to put any person in possession sometime of his Benefice, for the Archdeacon. Every Diocie in England, as we heard before out of Mucket, is divided in Archdeaconries, moe or fewer according to their extent: Achdeacour. into Deanries. The Deanries comprehend ten Parishes, sometimes moe, seldom fewer. But cathedral and collegiat churches are exemed out of the Archdeaconries, and rural Deanries. Over these Deanries are set rural Deans, qui • us praeficiuntur Dec • nirurales, antiquis Archipresbyter is non multum • issimiles saith he. Then again in every Diocie there are jurisdictions exempt either from the Archdeacon, and subject immediately to the Bishop, or exempt from both, or from the whole Province of the ArchBishop, and subject immediately to the King in respect of appellations, They want no corrupt order of government, which they had in time of Popery: no not so much as their exemptions. To return then to the rural Deans. These rural Deans upon the Bishops, or his deputies warrant cited such within their Deanries, as were to compeir before the Bishop, or his deputy, and this their citation under the seal of their office they were to certify to the Bishop, or his deputy. But Lindwood saith, quod per eos potius quam per alios, qui hibent sigilla authentica, multae multae fiebant frauds, and that they colluded with the party in sealing the certificates of their citations, when as they had not made any due citation, and therefore John Peccham Archbishop made a constitution, that every year they should swear to give out no certificates without due citation. They were sworn every year saith Lindwood quit quolibet anno mutantur Decani, et fiunt noui. They were to hold Chapiters in a set course four times in the year, and at other times, as often as occasion should require saith D. Field out of Lindw. But Lindwood writeth thus, Et horum capituloru • quaed • m tenentur de tribus hebdomadis in tres; qu • , dam semelin quarta anni, & haec dicuntur, Capitul • principalia propter majorem confluen • i • m Cleri, & quia in his de negotijs arduioribus tracteri consuevit. Some did meet every three weeks, some every quarter of year. Their Chapiters convening every three weeks, were our presbyteries which do meet in some place every week, in other places in two or three weeks, especially in winter. These chapiters were called capitula ruralia, country or rural Chapiters, saith Lindwood, because they were assembled in the country towns. In these Chapiters the Deans did publish the decrees of Provincial and Episcopal Synods. For the Bishop himself did not demit himself so far, as to be present: and therefore sent one to make intimation, or to the Dean to do it. Praesertim cum non deceat statum pontificalem in singulis capitulis hujusmodi interesse, saith Lindwood. D. Field proveth that of old, they had power to visit their circuit twice every year, and to suspend laymen from the sacraments, and clergy men from the execution of their offices. This was a remainder of the old power of the Country Bishop. Now his office is only to intimate decrees of Synods, or the Bishops will in any matter, without any jurisdiction reserved either to him, or to the ministers of the Deanrie assembled together in chapiter, or as we speak in scripture language, presbytery. So that their Deanries are a footstep of that which have been, and a shadow of that whereof we had the substance. This alteration of government among us, will in the end turn to the same desolation. There are some Deans exempt, which are subject immediately to the Archbishop, and these have Archi •• aconall jurisdiction, saith Lindwood. We have before made mention of some rural Deans exercising spiritual jurisdiction, but that is not common; next it is Episcopal, for they do it by themselves without the Chapiter.

Those which beside the common have no peculiar function, are placed either in so • e cathedral or collegiat Church, or in a parish Church. In some Cathedral or Collegiar Church, whereof they are members, or no members. Of those who are members, the chief is the Dean, then in some Churches of ancient foundation, other dignities also, as the Subdeane, the Chancellor, the chief Chaunter, the Thesaurer. Lastly, the Canons or Prebendaries, of which in the Churches which are more ancient, some are Residentiaries, some not. The greater Residentiaries administrate, and govern in all things with the Dean in that Church, and they have a seat in the Choir, and the power of a voice in the Chapiter. Canons or Prebendaries no • Residentiaries, have a seat in the Choir, but not a voice in the Chapiter. Those who who are not members, serve either to the administration of the public Liturgy, or Sacraments, as the petty Canons or Vicars chorall, or by assisting those who do celebrate, as the Pistler & the Gospeller.

There are also others bearing office in cathedral Churches, but they are ranked among the lay sort, by the composer of the tables, such as are singing boys, vergerers, Ballifs; and others set down afterward. The author of the admonition to the parliament doth thus muster the Droanes of these Cathedral Churches. We should be too long to tell your Honors of the cathedral Churches, the dens aforesaid of all loitering lubbers, where Mr. Dean, M. Vicedeane, Mr. Canons, or Prebendaries, the greater, M • petty Canons, or Canons the lesser, M. Chancellor of the Church, M. Treasurer, otherwise called Judas the Purse-hearer, the chief ch • unter, singing men special favorers of religion, squealing Qui • isters, Organ players, Gospellers, pistlers, pensioners, vergers, &c. Wicl • ffe saith, there • e 12 disciples of the Antichrist; Popes, Cardinals, Patriarchs, Archbishops, Bishops, Archdeacons, Officials, Deans, Monk • s, Canons, Friers, & Pardoners. He reckoneth ye see the Deans and Canons among the disciples of the Antichrist. And in truth what are they else but idle lubbers, lying in the cloisters of their Cathedral Churches having either no necessary or profitable charge in the cathedral church, where they loiter, or else have a charge in other places, but under color of their prebends, absent thenselves from the churches where they are bound to a cure of souls, and that which they spoil and raven in other places, there, saith M. Cartwr, they spend and make good cheer with. And again he saith, they should indeed be the rewards of learning, if they were converted unto the maintenance, and bringing up of Scholers, where now for the most part they serve for fat morsels, to fill if might be, the greedy appetites of those, which otherwise have enough to live with, and for holes and dens to keep them in, which are unworthy to be kept at the ch • ge of the church, or else whose presence is necessary, and dutiful in other places, and for the most part unprofitable there. The Dean, and Canons or Prebendaries, are not sustained with the Ecclesiastical rents and possessions of the city, where they loiter, but for the most part of the rents and possessions of their charges in the country, to their ruin and desolation, the great steeples devouring the little steeples, the great Quires overthrowing the final pulpits. It was done no doubt in a foolish and pretensed imitation of the temple of Jerusalem, to appoint such idle serving and singing men to uphold in the cathedral Church daily chaunting and singing, as was the custom in the temple of Jerusalem. But all the people in the land had communion of worship in the said temple, and repaired to it thrice in the year to that effect and purpose, beside that the daily worship was for the use of all those who were upon several occasions to repair unto the said temple, and therefore the whole people of God is called the church of the Jews; because they had communion of worship in one place. But there is no such place in the Christian churches appointed either for countries, counties, or shires. Every church even the meanest, hath as great interest & privilege to all the points of God's worship, as the greatest cities, lett be the Cathedral seats, which are not ever the greatest. Then again their curions singing and chanting serveth not for edification of the soul, but rather to hinder true devotion, and carry away the mind from heavenly meditation with a carnal and sensual delight. He that singeth should be liker pronuncianti quam canenti to one who pronounceth the word, then to one that singeth. Psalms as sung by course▪ & side after side: some few singing, the rest of the people resrayned from singing: One half sung with the heart, the other half with heart and voice. Then again their musical instruments were unknowen to the church of God for 800 years. Yea it appeareth that they were not brought in, in the days of Aquinas. For he saith, sed instruments musica sicut cytharas, et Ps • teria non assumit ecclesia in div • nas laudes ne videatur iudaizare. The Church then it seemeth used no musical instruments in his time lest it should seem to Judaize. Yea amongst the Jews themselves these musical instruments were not used in their synagognes, but only in the temple, which was the theater of all the ceremonies of the leviticall law. Again that one should read the gospel another the epistle, what an idle distinction of idle officemen in the church is this? for by this reason they may make a third sort also for reading of the law. The Treasurer, Chancellor, Vicedeanes offices are not all alike in every cathedral church, saith Mucket, but divers according to the different statutes of divers places. It is hard therefore distinctly to define particularly their offices. The Dean of the cathedral Church succeedeth in the room of him, who was called Archipresbyter urbanus, the city Presbyter, as the rural Deans do the Country presbyter. But the cathedaall chapter doth not consist of the presbyters of the city, as the rural chapiter did consist of the presbyters within the rural Archpresbyter his praecinct: yea they were bound to sit in chapiter with the Dean, saith Dr. Field. But all the Presbyters of the cathedral city do not at any time sit in chapiter with the cathedral Dean as I gave a lively example before of the city of London, where the Ministers of the several parishes do not sit in chapter with the Dean of Paul's, but only Canons and Prebendars, who for the most part ought to serve at parishes perhaps 20. or 30. miles from the city. The cathedral seat of Canterbury hath 12. or 13. parishes, but not 4 able preachers, saith the author of the Assertion for true and Christian Church policy. I have been in some of their cathedral cities, where they have no parish minister to preach, but only the watering of some prebendarie, who cometh to attend on service in the temple, and neglecteth his own charge with cure of souls. Again, suppose this chapiter did consist of parish ministers within the city, yet that some should be made cardinal to sit in chapiter, either with Bishop or Dean, and others secluded, having as great interest in the common government of their stocks, as it is not grounded on the word, so it was not known to puret antiquity, as we have already made evident. And it is acknowledged also by Bellarmine, howbeit he doeth conjecture upon a false ground, what was the cause of it. Nam à tempore Apostolorum per multos annos, imo etiam per aliquot soecula, quia pauci erant Presbyteri & Diaconi, omnes simul ad electionem Episcopy, & ad concilia vocabantur, neque opus erat tunc distinguere à Cardinalibus non Cardinales sicut etiam in alijs Ecclesi • s non disting • ebantur Canonici à non Canonicis. And yet there were many Presbyters at Rome in Cornelius time, as they themselves confess, yet even then this distinction was not made, as Bellarmine in that same place doth acknowledge. Farther, this same chapiter hath not any meddling with jurisdiction in common with the Bishop. The Dean and Prebendaries in many places have power severally to excommunicate in their parishes▪ which belong to them in peculiar, but they convene not chapiterl • e▪ to exercise spiritual jurisdiction, and inflict spiritual punishments, and censures, upon every delinquent within the Diocie, yea or cathedral seat only, either with the Bishop, or without him. Alienation of church lands, or setting of takes, and such like, which concern the possessions of the Church, may not pass without them, but for spiritual jurisdiction they are content that the vicar general, and official principal part that betwixt them. To what use then serveth the cathedral Dean, and his Canons or prebendaries, &c. but to wear copes and caps, tippets, and hoods, rochets, surplices, to pipe on organs▪ to sing curiously, to read gospels and epistles, according to their several offices, and in their several turns and courses. In the 24▪ canon of the last constitutions, when the communion is to be celebrated upon principal feast days, if the bishop himself be not present, then the Dean is to administer the communion with a cope. And notwithstanding of all this, the Dean must sit in some chief place of the Church, with his velvet cushion before him, and cloth of estate, and be brought to his place with a silver Mace before him.

CHAP. 7. The calling and function of English Priests and Deacons.

THE name of Priest to signify a minister of the Gospel, is usual with them, even in their latest Canons. Howbeit it seemeth to be derived from the Greek word Presbyter, yet seeing it hath been used to signify a sacrificing Priest, such as the Mass-priest was thought to be, and is still retained in their latest translations of the Bible, to signify a sacrificing Priest, their pretext of the original of the name, is frivolous, for either they should translate the Levitical Priest sacrirficer, if they would retain the proper signification of the word priest, or else abstain from, or alter the name of Priest, seeing they may have choice of names.

The Ecclesiastical persons in the Parish Church are, the minister, and Deacon. In the minister are to be considered, his external calling, and his public function. His external calling is, either to the order and degree, or to the benefice, and place of the ministry. The external calling to the order and degree is seen, either in things preceeding the ordination, or in the ordination it self. In things going before the ordination, as 1. public intimation made by the Bishop, in the most famous places of the Diocie of the day of ordinations, 2. Letters testimonial to the Bishop ordainer, from men of good credit and religion, as well of the conversation of him who is to be ordained, as of his birth, that that he is not a bastard, or bond-man. 3. the examination of him who is to be ordained, either of his education, whether he were brought up in a common School, or in an Academie, or of his progress in human literature, or theology, in which is to be considered, either the proficiency it self to be tried by the Bishop himself, or the Archdeacon, or some other appointed for him: or else, the degree which he hath taken on in the Schools. The ordination it self consisteth in prayers for him, who is to be ordained, 2. in exhortations to him, and 3. in imposition of hands.

You may see, that they make the calling to the ministry, and the calling to the place, two divers actions distinguished in time, whereas none ought to be admitted to the ministry, but when and where there is a place void. The Apostles ordained not ministers to rove abroad through a whole province, but appointed them town by town, Tit. 1. 5. Act. 14. 23. The Council of Chalcedon decreed, that no presbyter should be ordered loosely, that is, unless (as it is there added) it be in some congregation or city. The word Apole • ymeno • s they interpret without a title, but then by a title they mean, not a particular charge, but some possession or living to be maintained by. But who will ever admit (saith Mr. Calvin ) that the title which the Council requireth, is a yearly revenue to maintain himself with? In the latest canons this Popish interpretation is approved, where are set down the titles of such as are to be made ministers. If he be provided to a place in some cathedral, or collegiate Church, or if he be a Fellow, or in the right of a fellow, or if he be to be a conduct or Chaplain in some college in Cambridge, or Oxford; or if he be a Master of Arts of five years standing, that liveth of his own charge in either of the universities, or if by the Bishop himself that doth ordain him, he be shortly after to be admitted to some benefice, or curatship then void, is he said to have a title, howbeit he have not as yet a particular flock, which was not the meaning of the council of Chalcedon, far less the meaning of the holy Ghost in the scripture. They have made 60. 80. or 100. at a clapp, and sent them abroad into the country, like masterless men, say the authors of the admonition to the Parliament. And again, When they have made them, either they may tarry in their college, and lead the lives of loitering losels as long as they live, or else gad abroad with the Bishops Bulls▪ like to Circumcellions to preach in other men's charges, where they list, or else get benefices by friendship, or money, or flattery, where they can catch them: or to conclude, if all these fail, that they may go up and down like beggars, and fall to many follies, or else as many have done, set up bills at Paul's, or at the Royal Exchange, and such like public places, to see if they can hear of some good masters to entertain them into service. In the late Canons foresaid, the Bishop is ordained to maintain him in all things necessary, who hath not one of these titles, till he prefer him to some Ecclesiastical living, which is but one of the rotten Canons of the Canon law. If this were kept, 3. or 4. Bishops in this realm would have kept such houses, as never any did in this land, as is said in the foresaid admonition. Their order in making Priests, is this. First they must be Deacons before they be made Priests, for so they interpret the words of the Apostle, 1. Tim. 3. 13. they that have ministered in the office of a Deacon well purch • se unto themselves a good degree, that is, say they, a step to the ministry. The Apostle saith not that they who do the office of a Deacon well shall get a good degree or standing, but that in so doing, they get themselves a good degree, that is, authority and estimation in the church, and consequently great boldness in the faith. For a man may have gifts sufficient for a Deaconship and yet never have gifts sufficient for the ministry. But admitting the office of the Deacon were a step to the ministry, that he who is a Deacon may be a Minister, it followeth not that there is not access to the Ministry, but by this step of the Deaconship. And therefore not to admit a man to the ministry, • nlesse he first take upon him the office of a Deacon, is a na • gh • ie device. It was decreed in their lat • st Canons, that no Bishop should make any person, of what qualities or gifts soever, a Deacon and a Minister both together upon one day. Not that always every Deacon should be kept from the Ministry a whole year, when the Bishop shall find good cause to the contrary: but that there being now four times appointed every year for the ordination of Deacons and Ministers, there may be ever some time of trial of their behavior in the office of a Deacon, before they be admitted to the order of Priesthood. Yet they are not so nice, but this order may be dispensed with, and that one may take on both the orders upon one day, as Mucket doth record. When the time of giving orders draweth near, the Bishops Bull is set up upon the Church door, to give warning, that if any be minded to receive orders, let them repair to the Bishop at such time and place. This is, saith Mr. Cartwright, like the sound of a trumpet to gather an Army. But the Bill which is set up upon the Church door, is in latin, so that the people cannot understand the sound of the trumpet. This Bill doth not desire the people to come, & object against the persons to be ordained. And suppose that were the end, it wer but a deluding of the people: for either they have a Priest or Curat already, and then they have not need to object, or else the place is void, but they know not against whom to object, for amongst 40, 50, or 100. perhaps they know not who is the man, that is appointed for them. The Bishop and the patron out of the whole number will choose afterward when and whom they think meet. And howbeit there were not one void Church in all the Diocie, but incumbents in everyone of them, yet the Bishop will give orders. And again, if none of them have ever been conversant in these vacant parts, how can they stand up and object against them. The day of giving orders being published, which is ordinarily upon the Lord's days, after the Ember weeks, then there is repair to the city or village where the Bishop is to give orders. He that can purchase the letters commendatory of some nobleman, or knight, shall come best speed. Then is he to be tried by the Archdeacon, who is but a Deacon only in respect of his Archdeaconrie. Howbeit sometimes the Archdeacon be also a Priest, beside that it is a confounding of distinct offices, it is not by virtue of his Priesthood, but of his Deaconship, that he trieeth the persons who are to be ordained. They are tried by some questioning, but as the Archdeacon pleaseth. Their pastoral gifts of utterance, doctrine, and exhortation are not tried either by the Archdeacon, or any particular church: may these gifts are not needful in an English priest; for a bare reader is sufficient to be an English minister. The Archdeacon is sometime in one part of the country, and the bishop in another. The Bishop making ministers at Exceter, and his Archdeacon at Oxenford, or the Bishop making ministers at Leichfield, and his Archdeacon at Durham. When the day of ordination is come, after an exhortation made, & the communion celebrated, the Epistle and Gospel read, and the hymn, Veni creator sung or said, the Archdeacon presents to the Bishop all those who are to take on the order of Priesthood that day, with these words, Reverend father in Christ, I present to you the persons here present, to be admitted to the order of Priesthood. Then after some demands and answers, of the Bishop, and the other, who is to be admitted, he demandeth of the people who are present there, where he giveth orders, if they know any impediment which may hinder any of these present to be admitted to the order of priesthood, which is a manifest mockage. For it may be, that none there present ever heard or saw any of them, or all of them, before that day. But these words import that ordinations of old were performed before the congregation, whereunto he was to be appointed. Thereafter the oath of the Kings supremacy is taken, then again after an exhortation, follow other demands an answers. After that the people who are present, are desired secretly to commend the business to God, for which cause they are all silent for a little space. After that the Bishop readeth a prayer, which being finished, they who are to be ordained, sitting on their knees at the Bishops feet, the Bishop and the rest of the Priests who are present, lay hands severally upon the heads of everyone of them, the Bishop uttering these words, Receive the holy Ghost, whose sins thou doest forgive, they are forgiven, and whose sins thou doest retain, they are retained: and be thou a faithful dispenser of the word of God, and of his holy sacraments. In the name of the Father, and of the Son, and of the Holy Ghost, Amen. He commandeth the ordained to receive the holy Ghost, as our Lord and master did when he breathed on his Disciples, bestowing in very deed the gifts of the spirit when he breathed upon them. Ordinary pastors cannot con • err the gifts of the spirit, whether breathing as Christ did, or by laying on of hands as the Apostles did. They may as well imitate Christ's breathing, as they may usurp these words. Whether the ordained receiveth the holy Ghost or not, let the world judge. Calvin saith of the Popish Priests, ex equis fieri asinos, ex fatuis phre neticos, quicunque in sacerdotes consecrantur. Is any of their Curates after the pronouncing of these words, either the holier, or more apt to teach, and yet beside this blasphemy, they will the ordained to dispense the word of God, who cannot divide and cut it aright. Where it is said, whose sins ye forgive shall be forgiven, &c. a power to retain and forgive is given them separate from the preaching of the word, as in the Roman Church an infinite number of Priests cannot preach, yet all have power to absolve from sins. So may the blind English Curates. Sicklike it is a mockage, • hen after that the bishop delivereth to each of them the Bible in his hand, saying, Take thou authority to preach the word of God, and to minister the holy sacraments, in the congregation where • hou shall • be appointed. He should rather have put the service-book in his hand. For either they are ignorant and cannot preach, yea not tried in that faculty: or if they can, they may not till they get a license of the Bish, and whether they shall be appointed to any congregation, or not, they are uncertain, because it dependeth upon the p • trons pleasure. So that, if either the forethinking himself, like the shop better then the Church, or if the Patron will keep the doc • e shut against such insufficient men, which the Bishop opened so wide, or as sometime falleth out, they cannot agree of their market, it cometh to pass that he is made a minister, which either cannot, or will not, not only not fulfill, but not so much as lay hand of that Ministry whereunto he was appointed, saith Mr. Cartwright. When all this is done, the company convened sing the Creed, and they go to the communion, which all they that receive orders take together, and remain in the same place, where the hands were laid on them, until such time as they have received the communion. The celebration of the supper went before in the beginning of the action as is enjoined in the book of ordering Bishops, Priests, and Deacons, but they communicate not till the end of the action. The first celebration then was nothing but a consecration, as they call it, of the bread and wine, without the partaking of the communicants, & all the rest of the action must intervene before they partake: for to what end else is there made twice mention of the communion. So the first is like the offering of a sacrifice, the last is liker to the supper. Is not this great confusion betwixt the first and second part of that holy action, to intermingle another action, yea as some say, another sacrament, confounding two sacraments together. Their Litanies and Collects, for brevities sake, I pass by.

The external calling to the benefice, or certain place of the ministry, is either to a parsonage or a vicarage. In each of them is to be considered, 1. nomination, either when the right of presentation is in another person nor his, who doth nominate, as sometime it falleth out: or when the right both to nominate & present belongeth to him. 2. The Bish. trial of his gifts & qualification, whether he be capable or not of such a Benefice. 3. Admission either to the title it self, as when the Bishop doth institute at the presentation of another, which is called Institution, or when the Bishop himself who doth institute hath the right of patronage, which is called Collation: or else admission is to the possession it self by inducting, which is either done by the Archdeacon himself, or by his deputy.

After they have thus received their order of Priesthood, and are ordained at large in nubibus, they pay for their letters of Orders (for their admission to their Ministry must not be free of fees) and run abroad through the whole Diocese, where they please, preaching any where, if they have gotten after their Ordination another license to preach. For they must not preach by virtue of their order of Priesthood in the intendment of the Prelates, but must have the Bishops warrant to that end. They are put in remembrance at their ordination in the Bishops interrogatories, & exhortations, in the Gospels and Epistles, and at the delivery of the Bible in their hand, of the duty of preaching and teaching. But that is only for a fashion, for they read of the book these Gospels, Epistles, Exhortations, which were used of old, and are retained still in the book rather to be a monument of that which hath been, then for their right use and end. For in the Roman Church, when the Mass Priest is to receive orders, by the Epistles and Gospels, &c. he is put in remembrance that he must bless, govern, preach, baptize, 〈…〉 doctrine should be spiritual medicine to the people of God▪ that the Church of God is to be edified both by preaching and good example. These are pieces of the ancient order, which was in the Church, lying still in their corrupt pontificals, to be rehearsed in the form of a service. But when they come to the action itself, wherein the order of Priesthood is actually conferred at the laying on of hands, there are no such speeches used. So in the English, much is said of preaching and teaching before they come to the laying on of hands, but then there is a general word used, Be thou a faithful dispenser of the word of God: not mening to dispens by preaching, for they know that many of them cannot teach, but to dispense it, as it is divided & set in order to be read, & sung in the service book. Or else they mock God, his word, and his Church, after the old Popish manner, not intending the right dispensing of the word by preaching. When he is to be set in a certain place, he seeketh the Patrons favor, or maketh some simonicall paction with him, as we have already heard out of Brightman, and a little before out of M. Cartwright. The Patron presenteth the man whom he thinketh fittest for his own humor, and the Bishop doth try his gifts, and qualification. Here the liberty of election is taken from the Congregation, and given to the Patron and the Bishop. That the Patron should be some way acknowledged for his liberality toward the Church we do not gainsay. Therefore jus utile, that is, if he be redacted to poor estate, that he be relieved with the rents of the Church, and jus honorisicum, right to a fear in the Church, and jus onerosum, to have a care that the rents be not dilapidate, as also to be gardian and keeper of the rents of the Church during vacancy, or what other thing else, not savouring of superstition, or ostentation we grant unto them, but the right of presentation of Clerks to the pastoral office we cannot grant. The Church may not resign this liberty of election in the hands of another man, but is ever bound to retain in her own hands the freedom to choose the fittest person to have charge of their souls. This liberty of Election was acknowledged to be so equitable, & grounded upon the principles of nature, that there should be more Clerks then one tried when a Church was vacant, where this order might be had, that in the Council of Trent, some others also chosen by the Synod beside the Bishop, were ordained to examine and chose the fittest of those who offered themselves, or were offered to a trial, and this is called examen per concursum. But in our neighbor Church they have no such constitution. The Bishop himself trieth or appointeth whom he pleaseth, none is depute by a Synod to join with him. And where the Bishop himself is Patron of a benefice, he maketh not, nor yet receiveth any offer of a leite of many that the worthiest may be chosen, but the Church is under the same bondage, whether the Bishops or Laymen be Patrons. Now what is this examination of the Bishop, surely very superficial, and imaginary. The request of any in authority is able to obtain the Bishops institution, suppose he be insufficient. And indeed there is no extreme suite, the door is not so hard locked, saith Mr. Cartwright, there needeth but the lifting up of the latch. And in another place he saith, that many say, that for a dish of fruit of the golden griffe, they lease out, and make all manner of merchandise of the Lord Orch • rds, that he which hath no gift in the heart, yet if he have a gift in the band, need no other key to open the Church door, and enter into a benefice. He that came to the Bishop of Winchester to serve in his Diocese, borne at Norwich, and made a Minister at Peterborow, knew not how many Sacraments there were, and requested a days respite to answer the Bishop, what the office of a Deacon was, may be one for example, to let us see, what manner of men may▪ receive orders amongst them. Have not the Bishops chosen, sent, and commended unto us, saith the Author of true and Christian Church-policy, such as know not a Be from a Battle-door, or the Lord's prayer from the Articles of faith, of which sort of Ministers, the Parson of Haskam now living, a Chaplain in Winton Diocese may be produced for a witness, omni exceptione major. It is related there, that this Parson at the instant request of a Knight, was demanded by the Bishop, which was the first petition of the Lord's prayer, after he had a pretty space pawsed and gased towards heaven, at length made this answer; I believe in God the Father Almighty, &c. This profound Clerk, howbeit he could not obtain the institution at that time: yet afterward, saith this Author, by corruption of the same Bishops Chancellor he was instituted in the same benefice, and to this day possesseth it quietly, though he can hardly read English to the understanding of his people. I could inform him also of many other such Clerks, •• siant and beneficed in that Diocese, &c. That which the Bishop could not do at the first, by reason of the Knights opposition, he did afterward at his Chancellors desire. Lest any man should think, that there hath been but a few of these examples, let us hear what Mr. Cartwright saith, I am well assured, that all the • Ecclesiastical stories extant, are not able to furnish 〈◊〉 of so many unworthy ministers chosen by all the churches throughout the world, which have been since the Apostles times: as have swarmed these few years out of the palaces, as out of the Trojan horse, of that small number of Bishops, which are in England. Of the other side, if a man will cast his eyes to France, both in persecution and peace, and from thence look into the Churches of some parts of Savoy, and yet stretch them out further to some certain commonwealths in Germany, and come home to our neighbors the Scots, and compare generally the ministers chosen of the Churches, with the most part of these, which the Bishops make: (if he love not himself too much, and be not a stubborn defender of that he hath undertaken) he shall be compelled to confess, as much difference betwixt the one and the other, as between gold and copper, or any other refuse metal. The people which are fed, are to the people which are unfed with preaching, like an handful to an house-full, or an inch to an ell, saith the author of the Assertion for true Ch. policy. These are the fruits of the Patrones presentation, and the Bishops sole election, institution, or collation. The person duly chosen, and lawfully ordained, should have testimonial under the hands of the Pres • yterie, and chief of the people, to certify, that he is duly and lawfully chosen, and ordained, that is, that he hath the just title to the temporalities, and in place of the Archdeacon the kings officiaris appointed to that effect, being certified by this testimonial, may by another writ confirm, and really induct into the possession of manse and glebe, & other possessions. So the Archdeacons pretty signet should give place to the kings great seal, saith the author of the Assertion. For as the order doth stand, there falleth out many contentions, and suits in law, sometime between the Patron and the Bishop, sometime between two Clerks presented by two Patrons: sometime between the Clerke presented, and the Bishop, the Clerke calling the Bishop by a double quarrel before the Archbishop, or the judges of the court of audience, for not granting institution: sometime between the Clerke instituted, and the Archdeacon not executing the Bishops inductorie mandate, because the Church is not vacant, and betwixt him who pretendeth the title, and the real incumbent, whereupon do fall out many foul riots, breaches of the kings peace, and unlawful assemblies upon entries. and keeping of possessions. What a great hindrance the patrons power to present, is to the planting of churches with a learned and faithful ministry, not only the Church of God in former ages, but also our own since the reformation in a part, can bear witness. This is the difference betwixt us and them in this point, that they defend this right of the Patron, which taketh away liberty of Election, we craved a reformation of it, and were more careful to try and sift the person presented, yet this is the inconvenience, that seldom it fell out that the worthiest were nominated, where patrons had a right to present. You see then, what ways a man cometh to the ministry, and a benefice. First, he must receive orders, and pay well for them. For it can not be denied, but the Bishops Secretary, Gentleman Usher, groome of his chamber, Butler, Pantler, Porter, and other the Bishops menials (besides his own and his Registers fees, and his Clerke for expedition) do usually (all, or most of them) challenge and receive fees (some more, some less) before the poor minister with his box of orders can be suffered to pass by the porters lodge. When all this is done, what crooked mean • s he must use before he come to the possession of a benefice, ye have heard also, and how the Congregation is all this time neglected. This cannot be denied, that there is not any one man, or woman, amongst 40. in any one parish among 40. that can tell that ever he, or she, did see or hear of the Minister appointed, and sent by the ordinary to be Parson, or Vicar, of the Parish Church vacant, before such time, as he did hear, or see the Parish Clearke to trudge with the Churchdore keys to let in the S • xtin, to ring the bells for the said Parson or Vicars induction, and real possession.

The public furction of the minister, is either in preaching, or in the rest of his administration. In Preaching, either with license granted him for that part after the Bishops approbation, and that either to his own flock, or without to Clergy, or people, or without license • b • eined to that effect, as if being master of Arts, or in any superior degree, he preach to his own flock without license.

We see then that the giving of orders is not a giving of power to preach, for then everyone who receiveth orders may preach without any further license, as well as a Master of Arts, who is n • w come from Cambridge from his Rhetoricks and Physicks. This license granted to some, and not to all; yea, not to the most part, declareth that they do not esteem preaching any essential part of the Priests function, more then the Papists do, and the practice among the one and the other is just the same. For none of their Priests do preach, but such as are licentiate. The author of the Petition to the Queen saith, Where the Bishops ordain one minister that can teach, they make twenty that cannot teach: and so idle shepherds are set up in the room of true Pastors. They that can teach are bound hand and foot till they get a license: But sithence Christ bad his Priests preach, who should forbid them preaching, said Wycliffe, in the exposition of his Conclusions exhibited to the Bishops. When they have gotten license either they loiter: or if they preach, their preaching is hedged in with penalties, injunctions, caveats, canons, advertisements, that they may not deliver the whole counsel of God: or else they play the part of profane Orators, with affected eloquence; or make the people laugh with merry tales, as the Author of the Admonition to the Parliament doth relate. To conclude then, a bare Reader of the service book in English, is sufficient to be an English priest.

In the rest of his administration, according to the prescript, either of the Q. Injunctions, so that they be not repugnant to the laws, or of the Liturgy set forth by public authority.

This Liturgy maintaineth a Reading Ministry: for it requireth nothing necessarily to be done by the Minister, which a child of ten year old cannot do, as well, and as lawfully, as that man wherewith the book contenteth it self. Preaching is but accidental and accessory, without the which their office doth, and may consist. And indeed boys, and senseless Asses, are our common Ministers for the most part; for common reason may serve the turn, and do this feat well enough. It is indeed less busy, then the Popish Priests service, because the Calendar, and the Rutricks of the book are fewer and plainer, then his Portuise, and Pic were. So that less Clerks, then 〈◊〉 pri • sts which had but some blind Latin in their belly, may serve for our store, say the Authors of the Admonition to the Parliament.

The administration according to the prescript of the book of Liturgy doth concern, either the Bishop or the Church, or the Minister himself. The Bishop, to wit, in confirmation of children: The Church, either in certain rites, as bowing the knee, or in certain answers.

Of Bishopping we have entreated before. The Congregations part standeth in some rites, and gestures, or in some answers: Now the people sit, now they stand up. When the Old Testament is read, or the lessons, they make no reverence, but when the Gospel cometh, then they all stand up; they think that to be of greatest authority, and are ignorant that the Scriptures come from one Spirit. They make courtesy when Jesus is named, either in Sermon, lesson, or otherwise, uncovering their heads, and making a leg, with such scraping on the ground, that the Minister or Reader cannot be heard for a space thereafter. And yet saith the Author of the Petition to the Qu. The Bishops and their Chaplains seldom use this, unless it be at reading of the Gospel, as if the Gospel were more holy then the rest of the Scripture: especially they forget it, when lustily and bravely they swear by the name of Jesus. The name of Jesus is more reverenced, then the name of Savior, which is of the same signification; or other titles of Christ, as when he is named Messias, Christ, Mediator, the Son of God, &c. or when God is named: as if the Apostle had meant Philip. 2. that every knee should bow at the naming of Jesus, when as he only saith, At the name of Jesus: that is, every creature shall be made to acknowledge his power, and authority, which is his name, as the word is often taken in the scripture. It is not the sound of syllables, but his divine power that is meant. Then again for answers, the people are appointed at divers prayers to rehearse word for word after the minister, whereby an opinion is engendered in their minds, that other prayers do not so much pertain to them, as those which they utter with their own mouths. As the minister is the mouth of God from God to the people: so should he be the mouth of the people from the people to God. Sometime the minister saith one part, and the people another. And in sundry parts of the Litany, the people make the prayer, and the minister only directs them what to pray for. At the communion one of the people is allowed to make the general confession in the name of the whole congregation. At some prayers they are enjoined to kneel devoutly, and not at others.

In the administration which doth concern the Minister himself, or to be considered, either the substance of the book it self, or certain directories.

As for the substance of the book, it is taken out of the Popes portuis, with some rubricks, and glosses of their own framing. The same matter which is contained in the English, is also contained in their service book, with some little addition. The same form is also observed with a small alteration, whereas our form of service should be as different as may be, from the Popish. And for length, it is so wearisome, that many times it shutteth out Preaching, viz. when Baptism, the Communion Marying, Churching, and Buryal, con • urre together, as often they do in great Congregations, as it is said in the Abridgement of Lincoln Ministers. Divine service in the Apostolical Church was not spent in reading prayers, Psalms, Epistles, Gospels, &c. but for the most part in doctrine and exhortation. When the Congregation assembled, their Pastor was with them, and he spent not the time in reading lessons, prayers, collects, &c. but uttered some word of exhortation, and doctrine, upon the parcel of Scripture which was read; as was the custom also in the Sinagogues. And suppose it had been omitted at any time in the Sin • gogue, we read not of any such lame Liturgy in the Christian Church, in the days of the Apostles, nor in many ages following, till blindness, ignorance and laziness, made the chief part of divine service to be omitted, and a prescript form to be made, for 〈◊〉 and ignorant Priests. For shall we believe that as long as Pastors were able to teach and exhort, that they posted over a number of prayers and lessons, &c. and no farther? No The bells of Aaron should give a sound, as often as the Lord's Priest entereth into the Sanctuary. Or do they think, that their Pastor was abroad at his pleasures, when the flock was at their pasturage, as divine service, and some other reading minister serving them. The Apostolic Church, and purer Antiquity, knew no such minister. Out of the lessons, or Psalms, which were read, the minister took the argument, and ground of his sermon, beginning after this, or the like manner: Ye have heard brethren the book of, &c. read. The book is read, wherein it is prophesied. We hear brethren, when the Gospel was read, the Lord saying that &c.

The directories are contained, either in the Calendar, or the Rubrics. In the Calendar, to direct the minister in such things, as belong either to the minister himself, or to the whole Parish. To the minister himself, either in reading some Psalms each day of every month, or of the rest of the Bible, partly out of the Canonical Scripture, partly out of the Apocrypha books, and that within the year.

The reading of Psalms, and other parts of Scripture, is not preaching, but the word read is like a loaf unbroken, or not divided in pieces, and morsels. And therefore it is not a right set form of service to prescribe all the Psalms to be read within the space of a month, or so many lessons of the Scripture within a year to take up the time, which should be spent in preaching. Less Scripture read, and withal explained, and opened up to the use of the hearers, is more profitable. And if the other prejudge this, howbeit the matter be good, for it is the good word of God, so much as is canonical, yet the form is naught, and in this case unlawful. Then as for the reading of the Psalms, they make daily prayers of them, when as they be not all prayers, or else the matter of these which are pra • ers, doth not agree to the present time and state of the Church, but are read hand over head. The Apocrypha books should not receive that honor, as to be read publicly in the Church, as canonical Scripture is. Because they contain sundry false and frivolous things; and suppose not, yet they are not the trumpets which are set apart and sanctified by God, to be blown by his priests in his temple. The church of the Jews read no other scripture but Canonical, Moses and the Prophets, and the Psalms: and the Christian Church in the purer times, only the monuments of the Prophets and Apostles. The Council of Laodicea decreed the same also. The reading of them in the Church hath made the people believe, that they are portions of the old and new testament. Sundry of the Prelates take texts out of the Apocrypha, saith the author of the petition to the Queen. Divers chapters of the Apocrypha are appointed to be read for extraordinary lessons upon Feast days, and some parts of the canonical Scripture are omitted.

The directories, which direct in such things, as belong to the whole Parish, are anent observing feast days, and days of abstinence from flesh.

They have a number of feasts, and fasting days, more then the Jews had appointed to them. The holy days observed by them, besides the weekly Sabbaths, are these following, the days of the Feasts of the Circumcision, of the Epiph •• ie, of the Purification of the blessed Virgin▪ of S. Matthias the Apostle, of the annuntiation of the virgins, of Saint Mark the Evangelist, of Saint Philip and Jacob the Apostles, of Christ's Ascension, of the nativity of John the Baptist, of S. Peter the Apostle, of James the Apostle, of Bartholomew the Apostle, of S. Matthew the Apostle, of S. Michael the Arch-Angel, of S. Luke the Evangelist, of S. Simon and Jude the Apostles, of all Saints, of Saint Andrew the Apostle, of Saint Thomas the Apostle, of Christ's Nativitie, of S. Steven the Martyr, of S. John the Evangelist, of the holy Innocents, Monday and Tuesday in Easter week, and Monday and Tuesday in Whitson week. This is their number and order as it is set down in the beginning of their service book. They keep the same order in the observation of them, that the Popish church observeth, with the same distance of time from other, upon the same days, Gospels, Epistles, Collects, and proper lessons the same, howbeit some time fewer, with the like observation of rest. And howbeit S. George be left out in this reckoning, yet is his day honored. This Saint, saith Barrow, hath no small entertainment with his solemn procession (and that by no small estates, but even the greatest of the land) with Cornets, Trumpets, Harbe, Shackebuts, Ps • lteries, Du •• imer, and all instruments of music, &c This Saint beside his noble order of Knighthood hath also his peculiar Chaplain Palatine of the order who it to wear a gold ring on his thomb. The holy days are dedicate to the Trinite, to Christ alone, to Saints, to Angels. As for the day dedicated to the honor of the Trinity, Bellarmine doth confess that it is recent, that it was not observed at Rome in the days of Pope Alexander the third. It was celebrated in some particular Provinces, but not received into Rome, till the time of Pope John the 22. It was thought needless, seeing the Trinity was remembered, either one way or other in the daily service, but especially upon the Lord's day: for the Preface of the Trinity day was of old sung upon the Lord's day; and the Creed wherein the Trinity is remembered, was not omitted. If there should be a holy day for every great mystery of our religion, then must we have many more holy days, then we have yet had. If a particular day for the Trinity entered but of late in the Church, for the respects foresaid then what mystery of Religion is remembered frequently on the Lord's day, in hymn, prayer, confession, creed, or sermon needeth not a special day, and a set service with bodily rest for that mystery. You see then, that the feast which was rejected a long time by the Popes themselves, the English do retain. As for the feastgoelonging to the life & death of Christ the most • enoumed, & most ancient, is Easter, and yet it was not observed by the Apostles. The hot contentions about it, whether it should be observed upon the day of the full Moon, or the Sabbath after, declareth that they did not institute it: for they could have easily decided that question, whether shall we be conform to the Jews in observing the same day with them or not: yea, the Apostle, 1. Cor. 5. 8. speaking of the celebration of our Easter, tieth us not to a certain number of days, as the Jews were, who after the eating of the Lamb; might not have any leavened bread in their house for seven days, but saith, ours is all the year long to be observed, ye through our whole life, & with other kind of unleavned bread, both by particular Churches, & persons. No where doth he refer us to anniversary Easter. The Christian Pentecost was not observed by the Apostles, howsoever sometime some of thē went up to Jerusalem at the Jewish Pentecost, to confirm or • ucrifie the Jews, as long as the Temple stood. If the Apostles thenselves, upon whom the gifts of the H. Spirit were poured that day, did not observe it themselves, who were the receivers of the benefit, what warrant have we to observe it. If neither Easter nor Pentecost were Apostolical institutions far less the Ascension day, and the Nativitie. The feast of Circumcision Bellar. saith is very recent, & it is to be observed that they have a service day, or holy time for Christ's circumcise. but not for his Baptism for upon the E • iph, day they make mention of the 3 wisem. & the star, but nothing of Chr. Baptism in their G • spells and Epistles. In a word all the days dedicate to Christ's several acts are all human inventions, some later, some more ancient, & Jewish forms, wherewith that people was brought up under the pedagogy of the law, a rudimentarie kind of instruction, not beseeming the Christian Church, nor answerable to the clear light of the Gospel. The Jews anniversary days were abolished not only for their peculiar service, or signification of things to come, but altogether, howbeit memorials of by-past benefits. Christ and his Apostles did institure no day for remembrance of a particular benefit, no not the weekly sabbath, let be an anniversary day. For the weekly Lord's day was not appointed for remembrance of the particular benefit of Christ's resurrection, but for the whole worship of God. If the Lord's day were referred directly and expressly to the commemoration of the resurrection, then should it be the proper and peculiar service of the Sabbath, then should we not have at all a day determinate in the new • estament, and institute to worship God for himself, and all his works in general. There was then no memorial days appointed in the new testament, but a moral day for the worship of God. The sacrament as often as it is celebrate, it is a memorial of his passion. When the word is preached, Christ is crucified before our eyes. But days of particular commemorations of some special actions with solemnity and cessation from work, we have none, nor was it the intention of Christ, or his Apostles. If there be no warrant to dedicate anniversary days to Christ, far less to the virgin Mary, and the rest of the Saints, and of Angels. Their holy days of Saints are called the Saints days as well as Christ's days are called his. And they have their collects, gospels, epistles, as well as Christ hath his: and what reason have they to have some anniversary remembrances of so many Saints of the new testament, and never one for any of the old? Can they give any reason of this difference, but a • opish one? And among these of the Christian Church, why is Timothy and Titus, and many • oe not remembered as the rest are? Is the 〈◊〉 purification of our Lady upon the candle • mass day, a matter of such moment, that it is to be honored with some special day, and actions of greater importance are not so to be celebrate. This night the Major of London kneeleth down at S. Edwins tomb in P • ules Church, and saith a P • ter noster, as Barro • reporteth. If I should insist upon every particular day, and rip up their collects, gospells, pis • les, hymns and songs, I should be too pro • ixe. For we should fall upon many fooleries, and impertinent application of the word of God. In the collect from Christmas to Newyeares day, they are appointed to say, that Christ was borne upon this day, when as it be • oved him to be borne only upon one day, 〈◊〉 it is grounded upon an erroneous conceit of Zacharias' high priesthood, that he was born • n the 25. day of December. In the collect upon Innocents day, it is said that the infants whom Herod murdered, were God's witnesses. Athanasius creed is to honor the high days, 〈◊〉 not the common creed, and is appointed to be read only upon certain holy days, it must not grace other days Venite may not serve at Easter, as it doth all the year before, and after follow Domine labia mea. They have no reason for these and other like superstitious vanities, but such as Durand, or any other papist can give them, out of their reasonless • Rationalls. What holiness they place in their holy days may be seen in that they have a stricter rest enjoined upon them, not they urge for the Sabbath, whereas the Lord required a stricter rest upon the Sabbath, then upon other days appointed by himself. Then again their principal feasts have Eaves and devout fasts going before. Thirdly they say they will not change them, to let us see that they may be changed; but retain the same days which the papists observe, and which, they say, were consecrate and made more holy then other dayies, be the actions, which were wrought on these days, as the manger and cross of tree was with the truth of Christ's body. Even howbeit this retaining without change, doeth nourish in the people both a superstitious and popish conceit of the holiness of the day and the erroneous conceits, that Christ was borne on such a day, John the Baptist on such a day, that Zechariah was high priest etc. To let pass other popish opinions of worship, and merit. The most part observe it with masking, dancing, gluttony, games, interludes. For the which superstitious, and erroneous conceits, and incorrigible abuses, they ought to be abolished, suppose in themselves they had been never so indifferent.

Besides their Eaves they have their ordinary fridaies, Ember weeks, and lent fast. And if they say that abstinence from flesh only is commanded for some political respects, I would demand wherefore is the minister or Curate enjoined after sermon, homily, or exhortation, to declare unto the people, whether there be any holy days, or fasting days the week following. Are not the people commanbed likewise to repair to the Church to pray, and to hear divine service. Their lent beginneth as the popish doeth upon Ashwednesday, with a terrible cōmination, where are pronounced many bitter curses and the people answer & ratify everyone of them with their own mouth saying, Amen. The priest before he utter the curses, after the lettanie is said, goeth to the pulpit, to imitate the levites who pronounced curses upon mount Ebal, and never but once, & he saith, Brethren, in the primitive Church there was a godly discipline, that at the beginning of lent, such persons as were notorious sinners, were put to open penance, and punished in this world, that their souls might be saved in the day of the Lord: and that others admonished by their example might be the more afraid to offend. Instead whereof until the same discipline, may be restored again, which thing is much to be wished etc. it is thought good that at this time should be read the general sentences of God's cursings against impenitent sinners. Ye see that corporal and afflictiue penance is commended for good discipl. for the disci. of the prim. church, for the discipl. of lent, and espetially on ashweonesday, & that it is wished to be restored again. I believe thē. It is displing, ashes, shriving, and such other gear that they would have. In the last collect upon the first day of lent, or ashwednesday, the priest, or Curate saith, Be favorable to thy people, which turn unto the in weeping, fasting, and prayer. Is this to fast for civil respects only, for the main tenance of sea faring men, and preservation of cattle. The Priests and Clerks kneeling say the Psalm, miserere mei Deus. The prayers, and special exhortations tend to begin their repentance that day. The week before Easter hath a prescript service, epistles, and gospells for every day, which no other week in the year hath, say the ministers of Lincoln in their Abridgement, p. 90. 91. They observe likewise that not one day in all they care hath three collects. but good Friday, the Friday before Easter. May we not see then, that the end of their Lent fast is the same with the Popish, to wit, that they may be prepared to receive the communion at Easter, as if that communion needed a greater preparation then at other times, or had a greater virtue: Item, to be prepared against the celebration of the feast of the resurrection: to repent for the sins of the whole year: to imitate Christ's fast of 40. days, which was a miraculous fast, a fast of another kind, for it was without hungering, a fast for one time, and not used again either by himself or his Apostles, Mat. 9. The Ember weeks, which were called Ie • unia quatuor temporum, are appointed, they say, for praying, and fasting, because the Bishop is to give orders upon the Sundays immediately following, as it is said in their latest Canons. They tie the giving of orders to set seasons of the year, when as ministers should be thrust out into the Lord's harvest, whensoever there is need. Then again such are enjoined to fast, as have no need of a pastor, for all the parishes of the Diocie are not destitute. Where there is no feel of a want, the prayers will be cold. It is expedient indeed that the particular congregation which hath need, humble themselves. Thirdly, this their fast is but abstinence from flesh, but not from fish, or any other delicacies which they can get, as if flesh were an unclean creature, and polluted. So their fast in all the orders and rites of it, is the Popish fast. Lastly, they join not fasting and giving of orders together, as they should do, if they followed aright that example which is set down, Act. 13. 1. 2. but they observe their ceremonious fast, or rather superstitious abstinence from flesh on the week before, and not upon the Lord's day following, when they give orders. For upon the Lord's day they think it unlawful to fast. And yet they will rather sever their ceremonial fast from the action, then that it should not be performed upon the Lord's day: for why? that was the day on which the fiery tongues came down upon the Apostles: and they observe the third hour of the day commonly, that is about nine a clock, because it was about that time that the gifts of the holy Ghost were poured on them. For the Bishop must say to the Priest, Receive the Holy Ghost. And so one superstition is at jar with another, and great confusion there is, and disorder in their rites and ceremonies, and no wonder, for they are Babylonish. Yet for all their apish imitations, the cloven tongues come never down upon any of their silly Curates. The Friday fast is like the rest, and dependeth upon their mother good Friday, which hath bred them. These are their set and superstitious fasts. Extraordinary and occasional fasts for urgent calamities, and the miseries either of their own Church, or other Churches abroad, they have none, or very rare.

Other directories are contained in the Rubrickes, which serve to direct in the manner of administration, either of some parts of the liturgy, or of the sacraments. Of some parts of the liturgy in such things as concern all which are of that congregatiō, or some only. Of such as concern all, as in the public prayers, or reading of sacred homilies. In public prayers either ordinary or peculiar to some time, and occasion.

Their prayers are to be consi • ere • both in matter and form. In the matter, as when in the collect upon the 12 sunday after Trinity sunday, it is said, Almighty and everlasting God po • re do • ne upon us the ab • ndance of • hy mercy giving unto us that, that our prayers dare not presume to ask. There is nothing which is needful for us and lawful, but we dare and should ask it. They pray to be delivered from thundering, & tempest, when there is no appearance of danger. The third part of their prayers concern the commodities or incommodities of this life. They crave to be delivered from all adversity, as if the petition in the Lord's prayer, deliver us from that evil one, or wicked one, to wit, the Devil should be translated, from all evil. In S. Bartholom • w his collect they pray that they may follow his sermons, and there is none of them extant. Why say they, O Ananias, Azarias, and Misael, praise the Lord, more then O Peter, Paul, and virgin Marie, praise the Lord. The form of their prayers is set down as a lesson for the minister to read. So that the gift & exercise of the spirit is stinted, & circumscribed with their prescript prayers. For howbeit he could pray with the tongue of an Angel, he • must be tied in time of their service, to the words which are set down in the book. Sometime the Minister is enjoined to begin the Lord's prayer with a loud voice. Sometimes the Clerks and people are directed to say the Lord's prayer with a loud voice at one time, and not another. Then again their prayers are shred into many small pieces, They pray in two or three lines, and then after having read some other thing, come and pray as much more, and so to the 20 or 30 time, with pawses between. Prayers should be continued together; not cut off and interrupted, or cut in small pieces. They do with their prayers, as they do with their Gospels and Episties; which they rent from their contextis, which would serve for memory and greater edification. They multiply words tending to the same effect; using repetitions and babbling. How many Kyrie eleeson and Christ eleeson will they have at one time. At one and the same meeting of the Assembly, the Lord's prayer is to be repeated 8 several times, and Gloria patri 12 times. May not the Papists justly defend their beads. Glory to the Father, &c. is not said after Te Deum laudamus, as after Benedicite, Magnificat, and nune dimittis. They have their times to kneel at some prayers, not at others. The Minister is ordained to stand in the accustomed place, or at the discretion of the Ordinary. So that is left to the discretion of one man which tendeth to the edification of many. The accustomed place is the Chancel. Thereupon, saith M. Cartwright, the Minister in saying morning and evening prayer, 〈◊〉 in the Chancel with his back to the people, as if he had some secret talk with God, which the • people might not hear. And hereupon it is likewise that after morning prayer, for saying another number of prayers, he climeth up to the further end of the Chauncell, and runneth as far from the people, as the wall will let him, as though there were some variance between the people and the minister, or as though he were afraid of some infection of the plague, and indeed it reneweth the memory of the Levitical priesthood, which did with-draw himself from the people into the place called the holiest place, where he talked with God, and offered for the sins of the people. The chauncel distinguished from the body of the Church, is their holy place for the Priest, and He hath a peculiar door to this chancell, through which none might pass but himself, saith Borrow, For the ch • piters and letanie, there is commandment given, that they should be read in the body of the Church, saith M. Cartwright in his first Reply, In his second Reply, he saith, I am assuredly persuaded, that the tenth Church in England hath not all the service said in that place, where the whole Church may hear it. They will rather stick to the Jewish or popish rites, and imitate Mass priests, then edify God's people. For marriage he cometh to the body of the Church, for Baptism to that part, which is over against the Church-door, and so trudgeth from place to place. The Litany must not be used but upon Sundays, Wednesdays, and Fridays, except the Ordinary appoint other days: the Minister propoundeth things to be prayed for, or against, the people perform the prayer, saying with a loud voice. Good Lord deliver us, we beseech thee to hear us good Lord, and this they often repeat. And yet one suffrage is put out of the letany, which was in it before, to wit, From the tyranny of the Bishop of Rome, and all his detestable enormities, good Lord deliver us. They say certain Psalms and prayers over the corn and grass, and certain gospels at cross-ways, saith Barrowe, In the service book, the Curate is thus directed anent Homilies. After the Creed, if there be no Sermon, shall follow one of the Homilies already set forth, or after to be set forth by common authority. Who knoweth what is hereafter to be set forth. The Survey of the book of common prayer doth relate, that many points of Popery and Lutheranism, are broached in Court, and city pulpits, and yet not called into question, as be Doctrines tending to the Reformation of Popish ceremonies. Judge then what corrupt Homilies may be set forth. And yet Ministers are urged to subscribe to the book of common prayer, notwithstanding of the foresaid Rubrickes. It is the office of a Pastor to preach, and not to read Homilies. He ought to cut and divide the word aright, and apply it to particular sores, which cannot be done by homilies. What was said against Apocrypha books, may be thrown against them. The reading of homilies is a cushion for idle or blind Priests to rest upon. What say you to the Vicar of W. who upon an holy day instead of preaching the Word, which he could not, or reading of homilies which he would not (to terrify his Parishioners with the judgments of God, and to move them to repentance) solemnly read, and published a counterfeit fable out of a little pamphlet, entitled, Strange news out of Calabria, pretended to be prognosticated by M. John Doleta.

The parts of the Liturgy which concern only certain persons are • nens. 1. Celebration of matrimony.

In the first words uttered to the married persons by the Priest it is said, that Matrmonie signifieth unto us the mystical union, which is between Christ and his Church. Then again in a Collect after the conjunction it is said, O God which hast c • nsecrated the state of matrmonie to such an excellent mystery, that in it is signified and represented the spiritual marriage, and unity betwixt Christ and his Church. Is not this to apply these words, Ephes. 5. 32. This is a great Mystery, to the conjunction of man and wife, which the Apostle uttereth of Christ and his Church, by which interpretation the papists have made mattimonie a Sacrament, and the band betwixt the married persons inseparable, and not to be dissolved but by death. In the first part of their homily of Swearing, Baptism, and Matrimony, are called Sacraments. The minister receiving the woman at her fathers, or friends hands, is to cause the man to take the woman by the right hand, and give his troth to the woman. Then are they to loose their hands again, and the woman taking the man by the right hand, giveth her troth. Then shall they again loose their hands, and the man shall give unto the woman a Ring, laying the same upon the book, with the accustomed duty to the Priest & Clerke. And the Priest taking the ring shall deliver it unto the man, to put it upon the 4 finger of the woman's left hand. And the man taught by the priest shall say, with 〈…〉 thee wed, with my body I thee worship 〈…〉 worldly goods I thee 〈…〉 name of the Father, Son, and H. ghost, Then the man leaving the ring upon the fourth finger of the 〈◊〉 left hand, the minister shall say, set us pray. O eternal God, &c. In the prayer, the ring given and received is said to be a token and pledge of the vow and covenant made betwixt them. Is there not here an heap of toys, and yet never one wanteth a signification. The ring must be put upon the fourth finger of the left hand, because say they, there is a nerve which runneth from that finger straight to the heart. The ring must be laid on the service book, I know not to what end, except it be to sanctify it, instead of that blessing and sprinkling with holy water, which the Popish Priest used, as may be seen in the Roman Ritual. Then again what sense can be made of these words, with my body I thee worship, One of a thousand doth not understand them, their P • elats have not explained them. The words of the Apostle Peter, 1. Epi. 3. 7. giving honor to the wife, as to the weaker vessel, do signify only honest care and follicitude, and to bear with her infirmities, she being the weaker vessel. For honor after the Hebrew phrase is largely taken. To give honor as to the weaker vessel, and to worship her with the body is far different, as the word worship foundeth in our Language. The Apostle 1 Cor. 12. 23. saith, And those members of the body which we think to be less honorable, upon these we bestow more abundant honor, that is, with greater carefulness we cover, then we do other members: But we are not to worship the members, which are less honorable. The Priest is appointed to say to God in his prayer, that the ring is a token & pledge of covenant made betwixt them. If the ring had been used only at the contract, as a civil rite, it might have been comported with, but to bring it into the Church, I mean to divine service, is either to profane the same with civil ceremonies, or pollute it with Popish and superstitious rites rather, as these are. For they were counted in time of popery holy and religious rites of a holy Sacrament. The married persons must communicate also, as was the custom in time of blindness, where every holy action behooved to have a Mass: and so that action, which should be common to the whole Congregation, who are members of one body, is made private and particular to a few, howbeit in a public place. Then again they have their forbidden times to marie in; yea, moe then the Papists have, at least, so many as have embraced the decrees of the Council of Trent, from Advent to the Epiphany, from Septuagesima sunday to the octaves of Easter, from the Rogation week to the octaves of Pentecost, amounting in all to the third part of the year: as if marriage which is called honorable, did profane these holy times. The council of Trent hath dispensed with the Pentecost and the second they begin at Ashwednesday. Now notwithstanding of these forbid̄ times, they may get a dispensation for some money, and then it shall be lawful enough, and these holy times shall receive no pollution; for money hath a great virtue with it.

2. Thankesgiving after childbirth.

This is commonly called the Churching of women. I • standeth more in Psalms, suffrages, and collects, wherein help is craved at God, not notwithstanding he take upon him authority to 〈◊〉 from sins. Then there is a Psasme, and 〈◊〉 prayers read. The silly curat can give no more comfort, then the few set words, which he must read, can minister to the departing soul. If the 〈◊〉 person can get some to communicate ••• with him 〈…〉 , as being ashamed to look-up for some folly committed. When she cometh to the church she must kneel down high unto the place where the table standeth, that is, nigh unto the Choir door, as the Rubric in 2. Edward beareth, as the women did who after the days of their purification were ended, were appointed to bring their offering to the door of the Tabernacle, Levite. 12. 6. unto the Priest, who shall make atonement for them. Then the Priest readeth over her the 121. Psal. and assureth her, that the Sun shall not burn • her by day, nor the Moon by night. Is not this a very pertinent Psalm for the purpose? The Lord's prayer being said, and some versicles and answers, and then another prayer, she doth offer her accustomed offerings: and if there be a communion she receiveth the communion. Call this churching a thanks-giving, yet what reason is there of public thanksgiving in the Church more for deliverance after childbirth, which is ordinary, then from drowning, or other extraordinary dangers, or diseases? and of womē more then of men? were not that the imitation of the Jewish purification is the Mystery of it. And so was this service entitled in the book 2 Edw. The order of the purification of women, as is reported in the Survey. This superstitious service is not voluntary, but enjoined: When they come to the grave, while the corp • is made ready to be laid into the earth, they sing, or say again another parcel of Scripture out of Job: then while the earth is cast upon the body by some standing by, the Priest again saith something, and confidently affirmeth that God hath taken his soul and is of assured hope 〈…〉

3. The visi • a and comfort of the sick.

The Priest entering into the sickmans house saith, peace be in this house, and to all that dwell in it. When he cometh to the sickmans presence, he kneeleth down, and prayeth his prescript lines for forgiveness of sins, with two kyrie eleesons, and one Christ eleeson, the Lord's prayer, and some other versicles and responsories; when as yet he hath not spoken a word to the diseased, or understood, whether he be sleeping or waking. After the exhortation read which he may break if need be, and the Creed rehearsed, he desireth him to make his will, and also declare his debts, what he oweth, and what is owing him. Thereafter he moveth him to liberality. Then shall the sick person make a special confession, if he feel his conscience troubled with any weighty matter, after which confession the priest shall absolve him. When he absolveth, he saith. By his (that is, o • r L. I. Christ) authority committed to me, I absolve thee from all thy sins, in the name of the father, and of the son, and of the H. Ghost. Amen. He absolveth like a judge, as the Popish Priest doth, giving out a definitive sentence, and absolutel, doth forgive, not by way of deolaration. This absolution is severed from the preaching of the word. For the dumb Gurat cannot preac • in thanksgiving. This help is to live and walk • faithfully in their vocation, as if they were made unclean by their childbirth to enterprise anything. She will not stir out of the house suppose she were never so strong, till the complete time be expired, that is a month commonly. When she cometh forth, she is muffled 〈…〉 him, the communion. If others may not conveniently come near him, yet the minister and he alone may communicate together: and for shortness of time, they have but one collect pistle and Gospel. Thus are the people nourished in an opinion of the necessity of the sacrament, and the action which should be public, and solemn, as the institution beareth, and the practice of the Apostolical Church declareth is made private, & administered peculiarly in a corner, as if there were no other mean to eat the flesh and drink the blood of Christ, of that grace were tied to the external signs.

4. The Burial of the dead.

They have a threefold peal enjoined in their latest canons. When any is passing out of this life, a 〈◊〉 is to be tolled, after the parties death, a short peal is rung, another before the burial, & another after the burial. When the time of the funerals draweth near, the Priest & the clearks make them ready. The Priest putteth on his surplice, and then cometh to the Church style to meet the corps. Then the Priest shall say, or the Priest and cleark shall sing and so go either to the Church or towards the grave. The words which are said or read allowed by the Priest, or sung by the Priest and clearkes, are 2 or 3 small sentences of scripture. For any part of scripture is sung by thē as well as Psalms, in their services. and the Bishops have punished women for not being churched, saith the author of the petition to the Queen. Some are churched at home by the Priest, and thereby saith the Surveyor They confirm women either in pride, if they be able to go to church and will not, or in superstition if being not well recovered, they yet must needs be chur 〈…〉 of his resurrection to 〈…〉 again is said or sung a sentence out of the Revelation, after the lesson, two Kyrie eleesons, with one Christ eleeson betwixt them, after that the Lord's prayer: then the Priest prayeth, that God might histen his kingdom, that we with our brother, and all other departed in the true faith of thy holy name, may have our perfect consummation and bliss, both in body and soul. Is not this to pray for the dead brother? When he is laid in the grave, he is laid east and west, in such manner, as that he may rise with his face to the East, for why? they look for Christ to come from the East, and it is no easy matter to turn about if one rise with his face toward the west. This ceremony is not enjoined in the book, yet it is usual, as many moe, as a white or bla • ke cross upon the mort-clothe, candles burning over the dead corpse in the house, the • etwand, cakes sent abroad to friends. The priest must have his offering, and beside that the • ortuarie, whereof I made mention before. Whosoever is not buried after this manner in church or churchyard, howbeit in a peculiar burial place of his own, he is ill deemed. But this you must note, saith Barrow, neither rich nor poor, neither young nor old, can get bury all without money in the church of England: N • penny, no paternoster there please the Priest, and then he will bury his brother, and pray for, and over him, whatsoever he be, so far as his book will go. The minister is so tied to this office, that if he neglect it at any time, he is to be suspended from his ministry by the space of three months. So they make that a part of the Ministers function, which is not a ministerial duty, nor at any time, let be ordinarily, performed by ministers in the Apostolical Church. Howbeit the Jews had not so clear a light in the resurrection as we have, yet did not the priest read prayers, and fragments of Scripture at burials; nay, they are expressly forbidden to be present at them. Funeral Sermons cannot be made without acceptation of persons. For if it be the Ministers office, he ought to make them as well at the burial of the poor, as of the rich. It is required, and so is made to serve more for pomp or superstition, then for edification of the living. Men that never were greedy of a sermon all their life long, must have one then, to grace their funerals in the eyes of the world. M. Cartwright testifieth, that there are none more desirous of funeral Sermons, then the Papists. What lying commendations are made of the dead, howbeit never so vicious, all men do know. Neither do these hired Orators, or Sermon-mongers, lie for nothing. They must have either a mourning gown, or a noble. I will say nothing, saith M. Cartwright, of the great abuse of those, which having otherwise to live on the Church, take nobles for every such Sermon, and sometime a mourning gown, which causeth the papists to open their mouth wide, and to say that the Merchandise of Sermons is much dearer, then of the Mass: for that they have for a gr • ate, or six pence, and the Sermon they cannot have under • rounder sum.

The Rubrics serving to direct to the manner of administration of the Sacraments, are for the administration of Baptism, or the holy Supper, & that either in the church, or in a private house.

In the administration of the Sacraments there are two things generally to be observed: First, that power is given to an ignorant Curate, or reading Minister, who cannot preach, to administer the Sacraments of Baptism and the Lord's Supper: Next, it is said in their Catechism, that there be only two Sacraments, as generally necessary to salvation, that is to say, Baptism, and the Lord's Supper: implying that there are other Sacraments peculiar, not general, as matrimony, and orders: and others general, but not necessary to salvation, as Confirmation. In the Preface before Confirmation are set down these words: And that no man sh • ll think that any detriment shall come to children by deferring of their confirmation, he shall know for 〈◊〉 that it is certain by God's word, that children being baptized, have all things necessary for their salvation, and be undoubtedly saved. These words imply three things, first, that all children baptized be undoubtedly saved; secondly, that children unbaptised be not undoubtedly saved; thirdly, that confirmation is not absolutely necessary to salvation. Estius a papist, saith the like of Confirmation. That the custom of the universal Kirk doth prove sufficiently, that confirmation is not necessary to salvation, otherwise the godly and careful mother the Kirk, would not neglect to see this Sacrament ministered at the point of death.

1 Of Baptism.

In the preface to baptism they commend the ancient custom of baptizing only at Whitsuntide and Easter, except in the case of necessity, which was a superstitious and damnable custom. They say in this Preface, they will follow this custom, as near as they can, therefore do ordain, that Baptism be ministered only upon Sundays, and holy days. Upon any ordinary preaching day then, they must not baptize, except it be coincident with an holy day: as if baptism were not as holy a Sacrament ministered upon another day, as upon an holy day. The child must be baptized at the font and therefore the Priest must come to that part of the Kirck, where the font is, over against the church door, for that wanteth not a signification; to signify the entry of the child into the church. He must not be baptized, where the minister stood in time of divine service, or with water out of a bason. The godfathers and godmothers standing at the font, the Priest doth ask, if the child be baptized or no. In the first prayer the priest saith, that God by the baptism of his Son, did sanctify the s • oud lordan, and all other waters to the mystical washing away of some; as though virtue were in the water to wash away sin, or as though Christ's baptism at one time, and not Christ's institution, which serveth for all times, did sanctify the element. In the second prayer he saith, that they coming to thy holy baptism may 〈◊〉 remission of their sins by spiritual regeneration, when as the rem • ssion of our sins doth standin notimputation of them, and not in regeneration. The questions which were wont to be demanded of converts from paganism, who were able to answer to the questions demanded: absurdly & foolishly now they demand of the infants, or their godfathers in their name. The interrogatories are these, doest thou forsook the Devil and all his works &c. Doest thou believe &c. Wilt thou be baptized in this faith? The child hath not understanding, nor faith, nor desire of baptism. And how be it the child had faith, can the Godfather tell absolutely, and in particular, that this child whom he presenteth, doth believe, desire baptism, or forsake the Devil. It is a foolish thing therefore, and great mockery of God's service to demand that of infants, which was at the first demanded of such, as were come to years of discretion, and were converted from gentilisme. The children of faithful parents are within the covenant of grace, whereupon it is that they are made partakers of the seal of the covenant. The covenant being made with the parents in their faith, & not the faith of the child, the parents should give confession of their own faith, and not of the faith of the child, which is not, because their own faith is the condition of the covenant upon their part, whereupon God promiseth to be their God, and the God of their seed, Wherupon also it followeth, that the father of the child should present the child, and give confession and not another, because the covenant is made with him, and his seed, and the child is his seed, not the seed of another, whom 〈…〉 proper godfather. Others may be witnesses of baptism, but that the father should, or can resign this duty to another, I deny. Before the Priest dip the child in the water he saith in his prayer, grant that all thy servants, which should be baptized in this water, may receive the fullness of grace. This prayer was read in 2 E. once every month at the changing of the water in the font, as is said in the Survey. Howbeit it be now placed in the baptism itself, it seemeth to be directed to the same end, to the hallowing of the water, which is then in the font. After that the child is dipped, and baptized in the name of the Father, Son, and holy Ghost. the Priest maketh a cross upon the child's forehead, saying, We receive this child into the congregation of Christ's flock, and do sign him with the sign of the cross, in token that hereafter he shall not be ashamed to confess the faith of Christ cru • ified, and manfully to fight under his banner, against sin, the world, and the devil, and to continue Christ's faithful soldier, and servant unto his lives end. He saith not we have received, but we do receive, as if the child were not received by baptism, but by crossing, or as if the child were again received by crossing which was before received by baptism. This signing with the cross is no decent gesture: It is rather like a Iugglers gesture, then a gesture of decency, and comeliness. It must then be used, as a symbolical, and significant rite. But we have no such sign set down in the word, as to make two cross lines in the air with our fingers, to represent the cross of tree, or to signify unto us that we should not be ashamed to confess the cross of Christ, &c. Thou shalt make unto thyself no image, that is, any representation forged in thy own brains to be set up in the worship of God. Admit once the aerial cross in baptism, ye cannot refuse to set up the the material cross, and the Rood in the Kirck, nor the wooden or stone crosses in the high ways. For all may signify the same thing, that the cross on the forchea • . And by this reason everyone may wear a Giver cross upon his forehead also. Further not only other significant crosses material may be brought in upon this ground, but also all the rest of the beggarly ceremonies of baptism, to deface & deform the purity, plainness, and siniplicitie of Christ's institution. As to put salt in the mouth of the child, to annoint with oil the breast & shoulders, and the top of the head with holy chrism and to put a burning taper in his hand, &c. for these toys had their own glorious significations as well as the Cross. Lastly what doth in signify, but that which is already signified in baptism. The same valor and courage & constant profession & fightiug under Christ's banner, is a part of that grace, which is sealed by baptism. But beside that it is a significant toye, it is also esteemed effective. For they say, that by it, the infant is dedicated to the service of him that died on the cross. Who did sanctify this sign for such an use? Are men able to do it? It was made also a consecrator of water, bread, and wine, and all other holy things in time of popery, for the which corruption we ought to abhor it. Again, we sign that 〈◊〉 in token, that he shall continue Christ's faithful soldier to his lives end: these words (shall continue is his lives end) compared with the like in the Epistl • of the 22. Sunday after trinity) God shall continue the work in you to the end show unto us, that we use the cross for a pledge to give assurance to the child to continue in grace to the end; which if it be so then it serveth to work faith, and is used effectively, saith Parker. Hooker saith, that there cannot be a more forcible mean to avoid that which may deservedly procure shame. If in be in some sort a mean to secure from confusion everlasting, then is it in some sort effective of grace. In a word, suppose there were no sinful use of it for the present, the horrible abuse of it in times by-past, and the danger and peril of these same abuses are sufficient to remove it out of this holy sacrament, where it is set up in such honorable state beside the Lord's own altar. After the signing with the cross, the Priest saith, Seeing now dearly beloved brethren, that these children be regenerated, and grafted into the body of Christ's congregation, and not before the crossing. Privat baptism is administered in private houses, sometime by a private person, sometime by a public. Howbeit it be not enjoined by law, not prescribed by their service book, that lay men or women shall baptize in time of necessity, yet it is permitted and allowed in their practice, and hath been defended by Whitgift and Hooker in print. When it is administered, they call upon God, and say the Lord's prayer, if the time will suffer. Then if the time will not suffer they omit prayer. So that not only they omit preaching, & the doctrine of the sacrament, but also praying, if there be haste. If the child live, it is brought to the Church, and the manner of the private administration is tried. The minister demandeth, by whom was the child baptized: and because some things essential to this sacrament may happen to be omitted through fear or hast in such time of extremity, he demandeth of those who bring the child, with what water and words was the child baptized, and whether they think the child to be lawfully and perfectly baptized. If a lawful minister did baptize the child, these demands were needless. We may perceive also to what indignity and profanation the sacrament is exposed, in that it must be ministered with such haste, and fear, that the ministration of a sacrament being intended, yet it may prove to be no true sacrament, because it is marred with haste and fear. The Lord doth not allow his sacraments to be so profaned, but to be administered with gravity, with due time and leisure, without fear, that may make the minister miscarry in the action. If after trial he find all right, he receiveth the child as one of the fleck with certain words which he pronounceth. After the Gospel is read, the minister together with the godfathers, and godmothers, say the Lord's prayer. Then he asketh of them, the questions whereof we made mention before in public baptism. If these, who bring the infants, do make uncertain answers to the Priests demands as that it cannot appear that the child was baptized with water in the name of the Father, and of the Son, and of the holy Ghost, the Priest baptizeth the child. Then howbeit that it appear not, that a lawful minister did baptize, that shall not move the priest to baptize the child: whereby we may see, that baptism by lay men, and women is not made null by their service book, but standeth for good and sufficient. When after uncertain answers the priest baptizeth, he useth this form of words: If thou be not already baptized, I baptize thee in the name of the Father of the Son and of the Holy Ghost, Amen. But what if the child be already baptized, is it not now re-baptized in public. Again, in private baptism the Congregation is neglected. The Church hath interest in the baptism of the child, as well as the Minister, for the child is received into the Congregation to be a member thereof. And therefore the confession of the parents should be given publicly, before that the child receive the seal of the covenant. We see then, what are the fruits of private baptism; baptism by private persons, lay-men and women, unworthy handling of such a Mystery for fear and hast, baptism by supposition, and rebaptization, &c. Add, that it doth foster an opinion of the necessity of baptism, or rather is grounded upon it. It is said in the Preface before Confirmation, It is certain by God's word, that children being baptized have all things necessary for their salvation, and be undoubtedly saved. Ye see, they affirm that all baptized children be undoubtedly saved, and again, do imply in these words, that for all such as are not baptized, we have no sure warrant, hat any of them shall be safe. The Bishop of Canterbury in the Conference at Hamp • on Court, affirmed, that, If an Infant die baptized, there is evident assurance, that it is saved, whereas the state of an infant dying unbaptised is uncertain. Is not this sound Divinity? The Surveyor of the book of common-prayer relateth, that by occasion of private baptism, many children be baptized by Mass-priests after the Popish manner, and many bastards concealed. Many pretend infirmity, when they need not, and the solemnizing of private baptism in public is often omitted.

2 The Holy Supper.

The Sacrament of the Supper, as also of baptism, may be ministered amongst them without any Sermon made, or doctrine upon the Sacrament which is to be ministered; yea, it is ministered by such as cannot teach. In their latest canons it is said plainly, that both the Sacraments be equally effectual, whether they be ministered by a Minister that is no Preacher, or by one that is a Preacher? In the same Canon, they are are said to be seduced by false Teachers, who refuse to have their children baptized by a minister that is no preacher, and to receive the holy Communion of his hands in the same respect, as though the virtue of these Sacraments did depend upon his ability to teech. And therefore it is • r • a •• ed in that canon, that they shall first be suspended, persisting in their willfulness, and then after a months obstinacy excommunicated. A Minister it is true is no part of the essence of the Sacrament, as a Sacrament is defined to consist of outward signs, and invisible graces, yet is a Minister necessary to the right and lawful ministration of the Sacrament, and is of the essence of it, that is, he is of the essence of the Sacrament, as it is defined to be an holy, and sacred action, for he is appointed by Christ to be the minister of the action. Now we acknowledge none to be a lawful Minister, but him who is able to teach. Christ joined preaching and baptizing in his commission, Matth, 28. To whom he committed the dispensation of the charter, and the word of reconciliation: to those also he committed the dispensation of the Seals, and to those only. Trial and particular examination of the communicants they have none, to try their knowledge in the mysteries of religion, and growth in Christianity. It is enough that they were once bishoped, when they were little children, as in time of popery. The communion table is not only covered at the time of ministration, with a fair linen clothe, but also in the 82 canon it is ordained, that the same tables shall from time to time be kept and repaired in fufficient and 〈◊〉 manner & covered in time of divine service, with a carpet of silk, or other decent stuff thought meet by the Ordinary of the place: as if the communion table were to be regarded more the other common tables after the action is ended, whereas the very elements themselves extra usū, out of the use of the Sacrament, are but common. This is done in imitation of the popish rich altar cloths. The table being covered with a fair linen cloth, & placed in the Church or chancel where morning & evening prayer are appointed to be said, the Priest must stand at the northside of the table, he must not stand at the head, or the southside. He beginneth with the Lord's prayer & a collect, then he rehearseth distinctly all the to comand. & the people kneeling, after every command. ask forgiveness. The people of Israel kneeled not when God himself pronounced the Law from mount Sinai, howbeit they saw the mountain smoking, and lightnings, &c. God's word uttered by man then should not be received with kneeling. Whereas the last prayer is sufficient to conclude with: the repetition of it at every commandment is superfluous battology. Then the Priest saith the collect of the day, and another for the King, standing up. After the collects, he readeth the Epistle and the Gospel. The epistle and the gospel being ended, he saith the Creed, after the Creed, if there be not a Sermon, he readeth some Homilie already set forth, or that shall hereafter be set forth. After Sermon or homily, the people is fore-warned of the Holy-days, or fasting days of the next week following, and are earnestly exhorted to remember the poor. Then the Church-wardens, or some other by them appointed gather the devotion of the people, for so is the alms called, and upon the offering days appointed, every man and woman payeth to the Curate the due, and accustomed offerings: then the Priest prayeth that God would accept of their alms, & for some other things. Then he readeth a short exhortation: then a general confession is made in the name of all those that are minded to receive the Communion. And this is allowed to be made, either by one of th • m who are to communicate, or one of the Ministers, or the Priest himself: So a Lay man is allowed to pray in the Church in name of the rest. This confession is made kneeling. Then he standeth up again, and turneth him to the people, and prayeth some few words again. So they have prayer following immediately after prayer, without any new actiō intervening, standing at the one, kneel. at the other so comely is their disorder. The after some versides and answers, and proper prefaces for holy-days, the Priest kneeleth down again, saith a prayer in name of all them who are to receive the communion. As soon as that is ended, without any other action intervening he standeth up again and saith another prayer. In this prayer he rehearseth the words of the institution to God, as the priest doth when he consecrateth the bread and wine in the Mass. For he doth not first end this prayer, and then turn him to the people to inform them of the institution, by rehearsal of the words, but uttereth them in a continual tenor with this prayer speaking to God. O horrible profanation of the Scripture, and superstitious consecration! Then without any farther he and they communicate kneeling, after the Popish manner, that is, with a gesture of Adoration, when they are beholding the signs, taking, eating, drinking, and inwardly in their minds, should be meditating on the signification, and the fruit and benefit which they reap by Christ crucified, and consequently cannot without distraction of mind from this employment of the soul and meditation, pray a set, and continued prayer to God, or cannot meditate and be employed in the present action without distraction of mind from the prayer, and therefore either they pray unreverently, which they will not grant, or do communicate this gesture of adoration to the other employments of the soul, and of the outward senses, and members of the body, about the objects presented, which they must grant, and so nill they will they, must be forced to confess, that they commit idolatry. Kneeling is no decent gesture for a table: for commodity, they say, maketh decency, but this gesture is confessed not to be commodious, as sitting is. It is then enjoined for another reason, to wit, fought reverence: but to kneel for reverence and religious respects is ever adoration in the highest degree. To kneel for reverence, that is to adore, is not enjoined here for prayet, neither may prayer lawfully be enjoined in time of another action and part of God's worship to be performed by the same person. And suppose it were enjoined for the short prayer uttered by their priest, yet are not the outward senses, and inward faculties, employed principally on that prayer; but upon another action, principally, and directly intended in the Institution, whereas the other is only superadded by man. Let them frame their canons and acts as they please, and suppress, that they kneel for reverence of the Sacrament, common sense may teach us, that it is done for that respect, either totally or principally. But let it be in the least part, yet that least part is idolatry. Beside the idolatry of this gesture, it cannot stand with the right manner of celebration and rites of the institution. For when they kneel for adoration, they cannot carry the cup from hand to hand, nor divide the elements amongst themselves, as Christ hath commanded. In many places the people are raised from their kneeling, to come about the table there to receive kneeling, and then are directed to their places again, saith the Author of the Survey. The Priest giveth the bread and the wine to everyone severally out of his own hands. When the cup is to be carried from one to another, the communicant is too profane to reach it, the priests holy hand must take it from one, and give it to the other. But Christ willed his Disciples to divide it among themselves, & it was carried from hand to hand indeed, after the manner of the last paschal cup, which was changed in this communion cup. When Christ therefore gave the bread and the wine, he said in the plural number, Take ye, eat ye, &c. The English priest speaketh in the singular number, when he giveth the elements, he annexeth not Christ's words containing a comfortable promise, and uttered in an enunciative form, but other words invented by man, and in form of a prayer, converting one part of God's worship in another, or else confounding them. Then the Prisayth the L. prayer, & the people repeat every petition after him. Is not the minister the mouth of the people in prayer to God? And now they will with their own mouths pray again. When the minister prayed, did they not in heart pray with him? if they did, wherefor repeat they every petitiō? And when they repeat, doth the minister pray again the same words in his heart, which before he uttered with his tongue? Or is the tongue in this exercise both of minister & people divided from the heart, exercing their functions severally, & at distinct times? this is the second pater noster. So I must speak, seeing they use the L. prayer as the Popish priest doth his pater. After the L. prayer they have another prayer. At westminster the communion is ministered in wafer cakes, as the author of the Survey reports; who also doth conjecture by this, that the prelates intend to advance superstition by peecemeal in all places. The like may be said of some superstitions used in the K. Chapel.

We have seen the particulars of the Priests function, whereunto Mucket doth subjoin that he must wear a surplice in the administration of the particulars foresaid, that is, in reading morning and evening prayer, churching of women, celebration of matrimony, at burials, administration of baptism, and the Lord's su • per. And if he hath taken on any degree in the University, he must wear such a hood as appertaineth to that degree. In cathedral and collegiat charches, the communion is to be administered upon principal feast d •• es, sometimes by the Bishop if he be present, and sometimes by the Dean: and at sometimes by a Canon, or preben darie the priacipall minister using a decent cope, and being assisted with the Gospeller and Epistler. The rich cope then is not a vestiment for common kirks, and ordinary priests. No minister being no graduate may wear a hood under pain of suspension. Notwithstanding it shall be lawful for such ministers, as are not Graduats to wear upon their surplices instead of Hoods, some decent tippet of black, so it be not of sil • k. For their ministering garments we say first, they cannot be said to be enjoined for distinction. For the place they occupy in the time of their ministration, doth of it self distinguish them from all others, who see them at service. They serve not for comeliness, and gravity, but are rather ridiculous, and stagelike, meeter for fools and comedians, then for ministers. And if gravity were respected in them, they should be worn ordinarily, and out of the true ministration. For he must not cast off his gravity, when he hath ended divine service. It is then for mystery or signification, that they wear them. The white color of the Surplice signifieth angelical purity, for the Angels appeared in white. So are they painted with wings to signify their readiness to do their office. But significant garments belong to the priests of the Levitical tibe, and not to the ministers of the new testament. It is beside a lying sign of that pureness which is not nor cannot be in sinful men. In the angels it might have represented as well their glory as their pureness from sin. The Surplice was esteemed so holy in time of poparie, that no priest might say service, nor do so much as make holy water, without it. And among themselves, the Surplice is well known to be esteemed by many people in all the parts of the land so holy • thing, as that they will not receive the sacrament from any but such as wear it, as is said in the abridgement of the ministers of Lincoln. By what reason the Surplice and cope are retained, by the same reason the rest of the Massepriests and Bishops vestments may be reduced. The ministers of the Gospel should not be made conform in fashions, let be in mysteries and significations to Popish Priests, not wear their badges, either in or out of the ministration of divine service. It is to be observed, that in time of preaching he is not urged to wear a Surplice, as 〈…〉 of service, belike because preaching is no • ecessarie part of his function, as is the saying and singing of service: or else why should he not use these apish and significant garments at the one, as well as at the other. In their 17. Canon students in colleges are ordained to wear Sarplices in charches St chapels upon all Son lays, holidays, and their E •• es. The original of this is observed in the abridgement fore sa • to be this. It is enjoined to all that are admitted to the very lowest degree of their clergy, which they call primam tonsuram. And this was it which brought that custom into the universities, that every student should at certain times wear the Surplice in divine service, because they did in their matriculation receive this primam tonsuram, and first entry into the clergy. I may may not insist upon this point, nor the rest that follow, being forced to end within this sheet.

In the Deacon is likewise to be considered his external calling and function. His external calling is either to the order and degree, and that in every respect, as in the minister, except in some things: or to the benefice, altogether as in the minister. His function is, 1. to have an over-sight of the poor, 2. to assist the minister in celebration of the supper, 3 to bless them who are to be married, 4. to bury the dead, 5. to baptize, and preach, if he be called thereunto.

In the book of ordering Priests and Deacons, the Deacons office is said to consist chiefly in assisting the Priest in divine service, specially in celebration of the Supper, and distribution of the sacrament, in reading Scripture and Homilies, in instructing children in the articles of the faith, in baptising of infants, in the preaching of the word, if the Bishop think him fit, and in inquiring into the state of the poor, and the sick, and intimating the same to the minister. After imposition of hands, the Bishop delivereth him in his hand the new testament, saying, Take thou authority to read the Gospel in the Church of God, and to preach the same, if thou be thereto ordinarily commanded. He needeth not a new calling to the ministry, and thereby be enabled, but remaining still a Deacon, he may by the Bishops warrrant and license be authorised to preach. The Apostles instituted Deacons to another end then to preach, and severed them from preaching, because one person could not conveniently be a minister of the word, and a minister of Tables, yet they will confound them. For so they found them confounded in time of popery, and it pleaseth them to retain them so, and not to distinguish the functions, as the Apostles did. Why are they permitted to baptize more then to celebrate the supper? Is the one sacrament of greater excellency then the other. May the one be ministered by any Church officer, who may not minister the other? When the Apostle 1. Tim. 3. descriveth the office of a Deacon, requireth he either ability to teach, or power to baptize? What in effect may their Deacon not do, that the priest doth, except the ministration of the communion? What can be the reason of this exception, but that in this ministration there was somewhat esteemed in time of popery, proper to a priest, to wit, the offering of a sacrifice. The Deacon then is not half a minister, but almost a whole, and he may preach with license, or at command of his ordinary, as well as the Priest. What need I to insist upon such gross absurdities?

CHAP. 8. Of the administration of Lay-men.

THE laymen having some administration, have it either in a cathedral or collegiat church, or else in a parish church, &c. In the cathedral church, laymen having administration, are the receivers of the rents, Bailiffs, takers up of accounts, overseers and measurers of land, stewards of courts, and liberties, overseers of the fabric of the temple, of the sa • ctuarie, of the bibliotheke where the book of Homilies, and service-book lie, vergerers, bellmen, singing men and boys. Many idle and chargeable officers are fed in these dens to uphold the pomp of a cathedral church, and that to the great detriment of other churches. In the Parish church they have not a Senate of Elders to join with the Pastor for governing the same, but two or three Churchwardens to see the Church be watertight, and furnished with all the ornaments and utensils, to provide for the book of common prayer, and Homilies, and the elements for the communion upon the expenses of the parish, to keep a Register of the christnings, weddings, & burials, together with the Priest, to intimate any contribution which is to be made for some public work: and lastly, to be the Bishop and Archdeacons spy, to delate or present offenders, howbeit for the most part they be perjured, and offenses are winked at, and suffered to pass without correction. No wonder, seeing the discipline is taken out of • he hands of the right officers, and put in the hands of Officials, Commissaries, and Chancellors, to whom these perjured Churchwardens are made officers and servants.

The possessions are either public, or private, &c.

Here are reckoned for the possessions belonging to the Church, books, vestments, the ornamentsand implements of the Kirk, the Kirk it self, houses, mannours, woods, forests, parkes, ponds, fountains, rivers, meadows, pasturage ground, arable ground, Baron courts Hundreds, and Lathis, Tithes, oblations, obuentions, pensions for indemnit • e, procurations, Synodals, fees, immunities, liberties, privileges, &c. It were • edious to insist upon the use of everyone of them in particular. They are either superfluous and excessive, or unlawful, or bestowed upon the wrong person.

The constitutions anent both persons, and possessions, &c.

There is a controversy among the Lawiers, what Canons and Constitutions of the Canon Law be in force among them. Some of best judgment think it to be altogether abrogate, except so much as is particularly ratified by Statute. They themselves do hold, that all the former canons of the canon law, all the constitutions, and decrees, national or provincial, which were in use before in the Ecclesiastical Courts, which are not repugnant to the Statutes, and municipal laws of the Realm, or to the late constitutions established by publiqu authority, nor prejudicial to the Kings prerogative and privileges, make up the Ecclesisticall laws of England, and accordingly put the same in practice. There Canon law, the popes Testament then, is there principal Law book.

THinke not, good Reader, that I have made a perfect Discoverie of the English Church-policy: for that requireth the skill and pains, of the most judicious and painful among themselves. Therefore take in good part, that little which I have in great hast gathered for thy information, and consider how dangerous it is to yield to a few of their Popish corruptions. Some few will draw on the rest, and the whole will make way for full Popery to re-enter, in the own time, which approacheth very near in outward appearance, unless the Lord prevent. He that persevereth to the end, shall get the Crown.

BIshop Spotswood hath spread a rumeur, that M David Calderwood is turned Brounist, but I assure thee, good Reader, it is not true. That old impudent • yar, hath together with his supposed Author, a young man, trimmed up a tale with many circumstances, to make the mis-report the more credible. But if ever he required by letter, the judgment, either of that supposed Author, or of any other man else, anent their opinions, then let him never be reputed for an honest man hereafter. If he had dou • ted, he would not have sought resolution from young scholars, and unsettled brains. The ground being false, all the rest of the circumstonces built upon it are knovish forgeries also. If either Spotswood, or his supposed Author, persist 〈◊〉 their caluninie after this declaration, I shall try if there be any blood in their foreheads.