The altar of Damascus or the patern of the English hierarchie, and Church policie obtruded upon the Church of Scotland Calderwood, David, 1575-1650. 1621 Approx. 383 KB of XML-encoded text transcribed from 114 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A17571 STC 4352 ESTC S107401 99843102 99843102 7812 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A17571) Transcribed from: (Early English Books Online ; image set 7812) Images scanned from microfilm: (Early English books, 1475-1640 ; 1197:07) The altar of Damascus or the patern of the English hierarchie, and Church policie obtruded upon the Church of Scotland Calderwood, David, 1575-1650. [2], 222 p. Printed by Giles Thorpe], [Amsterdam : Anno 1621. The name of the author, David Calderwood, appears on p. 222, though he is not named as the author. Printer's name and place of publication from STC. Reproduction of the original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of England -- Government -- Early works to 1800. Church of England -- Controversial literature. Church of Scotland -- Government -- Early works to 1800. 2005-03 TCP Assigned for keying and markup 2005-04 Aptara Keyed and coded from ProQuest page images 2005-05 Judith Siefring Sampled and proofread 2005-05 Judith Siefring Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion THE Altar of Damascus OR THE PATERN OF THE ENGLISH HIERARCHIE , AND CHVRCH-Policie obtruded upon the Church of SCOTLAND . 2. KING . 16. 10. 11. And King Ahaz went to Damascus to meet Tiglath Pileser King of Assyria , and saw an Altar that was at Damascus : and King Ahaz sent to Vrijah the Priest the fashion of the altar , and the patern of it , according to all the workmanship thereof . And Vrijah the Priest built an altar according to all that King Ahaz had sent from Damascus , so Vrijah the Priest made it , against King Ahaz came from Damascus . Anno 1621. TO THE READER . I Have drawen this paterne of the English Altar obtruded upon us , out of their owne Tables of the Hierarchy and Church policie , Muckets book , their Canons and Constitutions Ecclesiasticall , the statutes of the Realme , 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 Latine , and printed with a letter different from the rest . I intended not a full refutation : for I thought , to discover it onely , was to refute it sufficiently , to any man of sound judgement ; saving that sometime there i● a light touch , or poynting at any corruption where I suspected the simpler sort migh● be miscaried . CHAP. 1. Of the Kings Supremacie . IN the Ecclesiasticall policie of England generally are to be cōsidered , 1 Persons , 2 possessions , 3 constitutions concerning both : Persons to bee considered , are either such as haue some kinde of administration , or such as have none at all . The persōs 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 supremacie , is to be considered , 1 generally , 2 particularly . Generally , by which authority the Prince as supreme governor under God , can set down in all Ecclesiasticall causes within his dominions , whatsoever is not repugnant to the word of God. By causes Ecclesiastical are meant , not onely matrimoniall and testamentary causes , and others abusively called Ecclesiasticall , but also these , which are in a proper sence Ecclesiastical , subject to Ecclesiastical cognition and jurisdiction . By the title of Supreme Governour , is understood the same power which before was expressed by the title of Head of t●e Church of England in the dayes of K. Henrie the 8. and Edward the 6. For howsoever for removing of offence taken at the metaphorical title of Head , it was changed in more proper termes of supreme governour under the reigne of Queene Elizabeth , yet the sense remaineth still . In the first yeare of her reigne , it was enacted and ordained , That such jurisdictions , privileges , superiorities and preeminences spirituall or Ecclesiasticall , as by any spirituall or Ecclesiasticall power , or authority , hath heretofore been , or may lawfully be exercised , or used , for the visitation of the Ecclesiasticall state and persons , and for reformation , order , and correction of the same , and of all manner of errors , heresies , schismes , abuses , offences , contempts and enormities , shall for ever be united and annexed to the Imperiall crowne of this Realme . And that the Queens highnes , her heirs , and successors , shall have full power , & authority , by vertue of this act , by letters patents under the great seale of England , to assigne , name , and authorize , when and as often , as her highnes , her heirs , and successors , shall think meet and conve●ient , and for such and so long time , as shall please her highnesse her heirs , and successors , such persons being naturall born subjects , as her Majestie , her heirs , and successors , shall think meet to exercise , use , occupie , and execute under her highnes , her heirs , and s●ccessors , all manner of Iurisdictions , priviledges , and preeminances , in any wise touching , or concerning any spirituall or Ecclesiacticall iurisdiction , within the Rea●●es of England or Ireland , or any other her highnes ●●minions , or countries , and to visit , reforme , redresse , order , correct , and amend all such errors , heresies , schismes , abuses , offences , contempts and enormities whatsoever , which by any manner of spirituall 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 Ecclesiasticall person , officer , and minister , all and every temporall judge , Iustice , Maior , and other lay or temporal officer , and minister , and every other person having her highnes fee , or wages , within the Realm of England , or any of her highnes dominions , shall make , take , & receive a corporall oath upon the Evangelist , before such person , or persons , as shall please her highnes , her heirs , or successors , under the great seale of England , to assigne and name , to accept and take the same , according to the renor and effect hereafter following , I A. B. doe utterly testifie and declare in my conscience , that the Queens highnes is the onely supreme governour of this Realme , and of all other her highnes dominions and countries , as well in all spirituall or Ecclesiastical things , or causes , as temporall , and that no forreigne Prince , person , prelate , state , or Potentate , hath , or ought to have any iurisdiction , power , superiority ; preeminence , or authoritie Ecclesiasticall or spirituall within this Realme : and therefore I doe utterly renounce & forsake all forraigne iurisdictions , powers , superiorities , and authorities , and doe promise , that from henceforth I shall beare faith , and true allegeance to the Queenes highnes , her heirs , and lawfull successors , and to my power shall assist , and defend all iurisdictions , privileges , preeminences , and authorities , granted or belonging to the Queenes highnes , her heirs , and successors , or united and annexed to the Imperiall crown of the Realme . So helpe me God , and by the contents of this book . The title then of Supreme Governour in the oath is explained by the preceeding words of the statute , to which , and for observation of the which , the oath is subjoyned , viz. that the Prince hath all manner of spirituall 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 Ecclesiasticall state , reformation , order , and correction of the same , and of all manner of errors , heresies , schismes , abuses , offences , contempts and enormities , and that he may commit the exercise of the same to any of his naturall born subjects , whom it shall please his highness to constitute commissioners in causes Ecclesiastical , to judge , discern , and correct in matters of Idolatry , simonie , errour and heresie , and all other causes Ecclesiasticall whatsoever . This oath of supremacie is different from the oath of fidelity or allegeance devised of late . That requireth no further thē to acknowledge the king to be lawful & righteous king , and to sweare obedience and fidelitie to him , notwithstanding he be excommunicated by the Pope , & to acknowledge , that the Pope , notwithstanding of his excommunications , cannot depose kings , and dispose of kingdomes at his pleasure . The Papist is straitned with this oath of allegeance , but not with the oath of supremacie for feare of troubling his tender conscience . The statute of the supremacie was explained the same year of Qu. Elizabeths raigne , in an admonition added to the injunctions , as followeth , That her Maiestie neither doth , nor ever will , challenge any other authority then was challenged , and lately vsed 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 Realme , that is , under God to have the soveraignty , and rule over all manner of persons born within these her realmes , dominions , and countries , of what estate soever they be , either Ecclesiasticall or temporall , so as no other forraigne power shall , or ought to have superiority over them . In this admonition the subjects are made to understand , that her Maiestie did not claime 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 thinke , that kings and Queens will take upon them either the paines , 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 Ecclesiasticall , which is , and was in time of papistrie , exercised at visitations , and in Ecclesiasticall courts . This explanation therefore of the admonition annexed to the Injunctions , and ratified by Parliament in the fift yeare of Qu. Elizabeth , derogateth nothing from the former statute , but onely summeth it in more generall tearmes . 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 Ecclesiasticall flowing from the possessour of the Crowne , as from the head and fountaine . 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 Realme , shall bee taken , accepted , and reputed the onely supreme head on earth of the Church of England , and shall have and enjoy annexed and united to the Imperiall crowne , as well the title and stile thereof , as all honours , dignities , preeminences , iurisdictions , priviledges , authorities , immunities , profits and commodities , to the sayd dignitie of supreme head of the same Church belonging and appertaining : and that they shall have full power & authority from time to time , to visit , represse , redresse , reforme and amend all such errors , abuses , offences , contempts , and enormities whatsoever they be , which by any manner of spirituall authority , or iurisdiction 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 Canterburie . Seeing all manner of authoritie and iurisdiction , as well Ecclesiasticall as secular , doth slow from our regall 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 speake , Priesthood ) any within your Diocie . Anno 1. Edw. 6. cap. 12. an act was made , That the Bishop , should bee ma●e by the Kings letters patents , and not ●y election of Deane and Chapter , and that they should make their proces , and writings in the Kings name , and not under their own names , and that their seales should be the Kings armes . 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 dayes of the same yong king Edward , that hee deserved deprivation , because hee constituted his Chancellor by his letters of commission , omitting the kings majesties stile and authority : and that he had made collations and institutions in his owne name and authority , without expressing the kings supremacie . His answer was , that howbeit there was some default of formalitie in the commission , yet his highnes stile and authority , was sufficiently expressed in the sayd commission : Neither did the sayd Chancellor offer to visit , but in the Kings name and authority to the sayd Bishop committed . And as to the other poynt , that hee made his collations and institutions in his owne name , not by his own authority , nor by any others , save the kings authority , expressing in them the kings supremacie with the Bishops own name , and seale of office . Whitgift sometime Bishop of Canterburie , sayth , We acknowledge all jurisdiction that any court in England hath , or doth exercise , be it civill or Ecclesiasticall , to be executed in her Majesties name and right , and to come from her as supreme Governour . And againe in another place , The Prince having the supreme government of the Realme in all causes , and over all persons , as she doth expresse 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 Pauls Crosse , anno 1589. maketh her maiesty a petie Pope , and assigneth unto her , not some of the Popes power , but all honours , dignities , preeminences , iurisdictions , privileges authorities , profits and commodities , which by usurpation did at any time appertaine 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 , sayd likewise , I say unto you N. the king is now Pope , and so shall be . To be supreme governour in all causes Ecclesiasticall then , is not onely to be an avenger with the sword , as Bilson would make the Iesuits beleeve in his book of obedience , but also to be judge in matters of errour and heresie , superstition and idolatry , and all other causes Ecclesiasticall ; and , as a supreme governour , to communicate this power to auy naturall 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 temporall Lordships , it was declared in the second act , That the whole estates of their bounden dutie , with most hartie and faithfull affection , humbly and truely acknowledge , his Maiestie to be soveraigne Monarch , absolute Prince , iudge and governour over all persons , estates , and causes , both spiritnall and temporall within his sayd Realme . He is then not onely governour , but judge also over all causes . But the nature of the supremacie may be yet better conceived , when we have taken a view of the particular rights of the supremacie , and of the power granted to the high commission . The Kings supremacie considered particularly , consisteth , either of things which are granted onely by statute , or restored by statute , as due of right to the Royall Crowne . Granted first by statute , as to receive the Annates , or first yeares fruits of every Ecclesiasticall benesice after the vacancie of it , and the tenth of all Ecclesiasticall benefices yearly . These first fruits , and tenths , were the Popes due , in time of Poperie : when the Pope was cast forth , they were given to the King , and it was enacted , That the Kings Maiesty , his heirs ●nd successors , for the augmentation and maintenance of the royall estate of his Imperiall Crowne & dignity of supreme head of the Church of England , should yearly have , take , enioy , and receive , united & knit unto his imperiall crown for ever , a yearly rent , or pension , amounting to the value of the tenth part of all the revenewes , rents , farmes , tythes , offerings , emoluments , and of all other profits , as well called spirituall , as temporall , then appertaining , or belonging or that afterward from thenceforth should belong to any Archbishopricke , Bishopricke , Abbacie , Monasterie , Priorie , Archdeaconrie , Deanrie , Hospitall , Colledge , house Collegiate , Prebend , Cathedral church , Collegiate Church , couentuall church , Parsonage , Vicarage , Chanterie , free chappell , or other benefice or promotion spirituall , &c. It was further enacted , That the sayd first fruits and tenths , and all the reuenewes 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. Marke these words , for the augmentation and maintenance of the royall estate of his Imperial crowne , and dignity of supreame head of the Church of England : for in that respect are the tenths exacted . Restored by statute , as of right due to the Crowne , are either such as have ever been used by the Prince within his dominions , or haue 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 owne proper use , 3. to give licence to choose a Bishop . 4. to , nominate a fit man to the Chapter , whom they shall choose to the Bishopricke . 5. to give consent to the person elected . 6. to receive the oath of homage from the Bishop . 7. to present any Ecclesiasticall persons whatsoever , before the civil judges , for offences committed against the peace of the kingdome , and the Kingsroyall dignity . Presentations and collations of benefices , whether ordinary and original , or extraordinary , and transferred by devolution to superiours for the neglect of inferiours , postponing times prescribed by law , are the inventions of Sathan , broched and dressed in his kitchin , sayth Beza . For when the Patrone presenteth to a benefice , and the Bishop giveth collation , the libertie of the Church to choose , and seeke the worthiest and fittest man one of a thousand , as Iob 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 conferre a benefice , is to set a Pastor over a flocke : 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 obtaine some benefice . The Prince taketh up the rents of vacant Bishoprickes , as Superiours 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 onely the Dean and Chapter , as was the manner in time of Popery . Neither may the Deane and Chapter proceed to the election , till first a licence bee sent from the Prince , and with the licence 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 processe of election , the kings assent and ratification is required . Yea without all this imaginary proceeding of Deane and Chapter , the Prince may by vertue of the statute above mentioned , proceed to the ful election by himselfe , 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 Deane & 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 prise . So the prophane 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 , Beares & Bulls upon the Lords vineyard . At the last Parliament 1617. election by Deane and Chapter was established , without the consent , yea against the acts of our Kirk . And the first man that entred this way , I mean the Parliament way , that is , by Deane & Chapter , was the land of Corce , who made it nice to take on a Bishopricke , till he had a lawfull calling , and the free approbation of the Kirk . My Lord elect must make homage to the Prince , and sweare not onely fidelity , which every subject owe to their Prince , but also as a vassall to doe homage to him as his superiour , and performe that knight service , which he is obliged to for his temporall lands . Whereas before they held their lands in pure almes , they were either compelled by Princes to hold in knights service , or made filthie pactions with them , to the end they might get in many temporall lands , and for that cause rendred themselves as vassals , selling both their owne liberties , and the liberty of Ecclesiastical elections . Not in use , till after the Papall usurped authoritie was utterly driven forth of the bounds of the English Empire . These concerne , 1 appellations , 2 Canons and lawes , 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 kingdome . 2 hee delegateth judges by the Chancellour of England , under the great seale , who shall determine in the cause . Appellations ascend by degrees from one to one , not from one to many . No mediate appellation is heire from one to a Provinciall Synode , or Nationall , but from the Archdeacon , or his officiall , 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 himselfe : from the Archbishop to the Court of Chancery , or to the Prince , who by the Chancellors seale appointeth judges , 24. Henr. 8. 25. Henr. 8. 1 Elizab . So in place of gradation from parish Sessions and Consistories , to classicall meetings of the Presbyteries , from Presbyteries to Synodes of Shires , from Synodes to Nationall Assemblies , they must step up a Popish ladder , by Archdeacons , Officials , Bishops , Deane of Arches , Archbishops , saving that at the top of the ladder they finde the Prince for the Pope , to whom they must not appeale , nor yet to any greater Councels of many reformed or unreformed Churches , or to an oecumenicall Councell , whatsoever they talke of Generall Councels . Now the causes convoyed by these subordinate appellations , are all Ecclesiasticall causes agitated in the Ecclesiasticall Courts . Of which causes wee are to treat in the third chapter . These which belong to Canons , or Ecclesiasticall lawes , concerne 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 lawes anent ceremonies and rites , with advice either of his Commissioners in causes Ecclesiasticall , or of the Metropolitan . 2 Synod , provinciall or nationall , may not be convocated without the Princes writ direct to the Metropolitan . 3. Nothing may be treated or determined in the Synode , till the Prince first be made privie , 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 turne upside down the whole government of the Church , and outward forme of Gods worship , overthrow the one , and deface the other . Did not the Bishops affirme 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 any thing that is unchangeable by divine law , therefore they make many unchangeable things both in government and externall ceremonies in Gods worship , to bee 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 symbolicall toyes 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 comelines , and lawes of things indifferent for a religious use , should be considered by the lawfull and ordinary assemblies of the Church , how they agree with the generall rules prescribed in the word , how they will edifie the Church , how God shall be glorified , Christian charitie entertained , order and comelines preserved . For we must not consider things indifferent onely in ●heir generall kinde , but in their particular and circumstantiall use ; which if we permit to Princes , they may abuse indifferēt things to the great hurt of the Church . Synods ought not to be convocate without the Princes privitie , or the warrant of the law in generall ; but if the Prince be wilful in denying his assent , and the Church be in extreame danger , ready to be overwhelmed or greatly disturbed with heresies , schismes , 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 dutie , 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 spoile her of any power Christ hath granted to her . And by the same reason , the Church may entreate , determine , and strengthen her decrees and constitutions with Ecclesiasticall censures and punishments , notwithstanding the Prince will not assent , approve , ratifie the Canons of the Church , nor confirme them by his lawes , and fortifie them with temporal punishments . Prudence I confesse is required in the Church , to weigh the case of necessity , when to put this ●er power in practise . As for the administration and execution of lawes , in that the Prince may 1. visit the Ecclesiasticall state , and their persons , 2. reforme , redresse , and correct them , and whatsoever sort of heresies , schismes , errours , abuses , offences , contempts and enormities of any whomsoever , 3. to assigne , nominate , and authorize , when and as often as it is his pleasure , such persons , being naturall 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 spirituall or Ecclesiastical jurisdiction . 2 to visit . 3 to reforme , correct and amend , all such excesses , or defects whatsoever , which by any maner of Ecclesiasticall power , authority , or jurisdiction , might been have been reformed , ordered , corrected , amended , or restrained . The Princes power in visiting , reforming , and correcting abuses , enormities , errours , heresies , &c. may be seen , as in a liuely picture , in the high commission , to be not onely a temporall power , but also a spirituall to inflict Ecclesiasticall censures & punishments . For the Prince could not communicate this power to his Delegate Commissioners , except he claimed it to himselfe as Principall . For none can transferre that to others , which he hath not himselfe . It must follow therefore that the Princes power is Ecclesiastical , not onely in respect of the object , and matter whereupon it worketh , as heresies , errours , abuses , &c. but also formally in respect of the manner , to wit , by inflicting Ecclesiasticall censures and punishments , unlesse we will affi●me that suspension , deposition , excommunication , are not Ecclesiastical , but civill punishments and censures , which were absurd . We shall entreat of the power of the high commission in the next chapter severally by it selfe . As for the relaxation of the Canons or lawes in that 1. first for ever , when as they are altogether abrogated by the Prince . 2. for a time onely , as when hee granteth remission of any crime or transgression of the Canons , for times by gone and to come , when both infamie 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 certaine person upon speciall occasion , the cause being tried , which ( grace ) they call dispensation , which is for the most part done , when the faculties of this kinde granted by the Archbishop of Canterbury upon whom this office doth lye by statute , are confirmed with the great seale of England ; or when , if he without just cause refuseth , the Chancellour 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 finde it proveth inconvenient , is as great an inconvenience . In vaine likewise are canons strengthened , and guarded with censures , and punishments , and the black markes of infamie set upon heynous crimeswith the legall effects thereof , if the Prince may abolish the crime , as simoniacall paction , or any the like , or else infamie 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 Chancellour , if the Archbishop refuse , or secundarily 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 lawes in all causes , wherin the Pope of Rome was wont to dispense of old . The third sort of rights restored as due to the crowne , which were not in use , but since the Popes authority was driven forth , concerne Benefices Ecclesiasticall , and Dioceses , in that the Prince may 1. enjoyne the Archbishop to confirme the election , as also to consecrate the elected into the Bishopricke . 2. to unite and consolidate , or to divide lesser Benefices , or Bishopricks , which were before united . 3. to grant a vacant Bishopricke , or lesser Benefice , in title of trust , which they call a Commendam . 4. to translate Bishops from one Bishopricke 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 Synode of Bishops . If the Prince may unite , and enlarge Diocies , and Parishes without the consent of those , who have interest , hee may make parishes Diocies , and Diocies great Provinces . The competent flockes for Pastors should bee measured by the Church who calleth them , and knoweth best what burthen is most proportionable to their strength . Bishops should not be translated at Popes , or Princes pleasures , as it often commeth to passe in our times . The old Canons condemne this leaping from See to See. Ambitious and covetous men cannot content themselves , till they get either a fatter , or more glorious Bishopricke . Some are not content of one Bishopricke , except they also get the commendam and custody of another . They must not have two Bishopricks at once by the Canons , yet heir a tricke , one they may have in title of a Bishopricke , another by way of trust and custody till it bee planted . A man may not have two wives , yet hee may have two women , one as a wife , another as a Lemman . Some of them have keeped another Bishopricke in commendam sixteene or twentie yeares , as the Bishop of Glocester was commendatare of Bristow . Yea they may keepe this Lemman all their life time , if it please the Prince to bestow a perpetuall commendam . For commendams are not onely temporarie , but also perpetuall , whereas of old they endured onely for sixe moneths , or some like short space . They enrich themselves not onely with Commendams of other Bishoprickes , but also when that cannot be had , with the commendams of fat parsonages , and lesser benefices . The Diocesan Bishop hath a greater taske then hee can commodiously expede , or else , because hee is a loytering 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 farre . 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 Bishoprickes , enlarging of Diocies , were in time of Poperie , Papall cases , reserved for the Pope of Rome . We say then , that the Prince , as supreme head and governour of the Church of England , is supreme judge in matters of heresie , simonie , idolatry , and all causes whatsoever , hath all maner of spirituall jurisdiction united to the crowne , may commit the exercise and execution of the same to others also , so that they bee naturall borne subjects , may conferre benefices , and consequently give Pastors to flockes , may choose Bishops without Dean and Chapter , receive appellations , abbrogate canons , abolish infamie , and restore the infamous to dignities , grant dispensations in all causes where the Pope was wont to dispense , give Bishoprickes and lesser benefices in commendams , enlarge , contract , unite , divide Diocies . &c. And this hee may , whether he be a Christian or not , so that he be righteous possessour of the Crowne : for all the particulars above rehearsed , are sayd to be due of right to the crowne , so that true or false Christian , or infidell , 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 hee can claime no further authority then the infidell , and his power is onely cumulative , as I have sayd , not privative . Now , whether the particulars above rehearsed belong to any Prince whatsoever , be he true or false Christian , or infidell , 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 favourers of it , to strike a greater terrour in the hearts of subjects . The commissioners are partly civil , partly Ecclesiasticall persons , as the Archbishops , certaine other Bishops , Deanes , Archdeacons , Chancellours , some of the secret counsell , and of the chief Iudges , Courtiers , Aldermen , sometime the Lieutenant of the Tower , the Post-master , 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 alwayes one . As with us are nominated and appoynted by the Kings letters patents to the number of fortie or fiftie persons , Bishops , Counsellors , 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 alwayes . And as with us , so there also , graue Counsellours , and Iudges , 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 professour is to bee troubled for nonconformity , or writing against crossing and kneeling , or having , or spreading of bookes touching reformation of abuses , and corruptions in the Church ; then are they not desired , lest being present , they should perceive the mysteries of their iniquitie , by which they uphold their pompe , and Lordly Domination . If there be a courtier , or new upstart that favoureth them , or dare not controll them , hee may well be advertised to be present . The Archbishop hath power to associate unto himselfe any two nominated in the Kings letters parents , whether they bee Ecclesiasticall or civill persons , as for example , the Lieutenant of the Tower , and the Postmaster : as with us the Archbishop may assume any foure of the number to be his assessours ; as for example , Mr. Thomas Henderson comissarie of Edinburgh , M. Iohn Weemes commissarie of Saintandros , M. Iames Hammilton commissarie of Glasgow , and the Chauntour of Glasgow Mr. David Sharpe , or any other foure Ecclesiasticall persons , or civill 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 , errours , schismes , contempts and enormities whatsoever , which were wont to be reformed by Ecclesiasticall lawes , and jurisdiction , in all offences and contempts committed against the forme of their service , and common prayers , and other late statutes made anent Ecclesiasticall matters , as also seditious bookes , private conventicles , adulteries , fornications , outragious misbehaviours , disorders in marriages , and other offences particularly expressed in the letters patents , and all other grievous offences punishable by the Ecclesiasticall lawes of the Realme . So with us the five , as for example , the five abovenamed , have power to take triall of all offenders in life , and doctrine , or religion , or scandalous in any of these , intercommoners and recepters of Iesuites , Seminarie and Masse Priests , hearers of Masse , and excommunicate Papists , ( so like ) recusants , or not communicants , ( so like ) incestuous or adulterous persous , obstinate contemners of the discipline of of the Kirke , and excommunicate for the same : all ministers , preachers , Doctors , or masters of Schooles , Colledges and universities , all exhorting and lecturing Readers , for preaching , or speaking in publicke , against the present established order of the kirk , ( truth ) or estate , against any of the conclusions of the bypast generall assemblies of the Kirk ( truth ) specially of the acts of generall Assembly holden at Perth in the moneth of August 1618 , ( truth ) and all disobeyers of the sayd acts ( truth ) likewise writers of Pamphlets contrary to any of the constitutions of the Kirke , or Printers of the sayd bookes and pamphlets ( truth ) or of any other bookes without licence . These three commissioners may authorize their drunken pursevant to breake open mens studies , chambers , coffers , letternes , and search if there be any bookes , or writs against their Hierarchie , and the orders of their Kirke , and to spoile at their pleasure . These three commissioners may convent before them , any subject of whatsoever degree , or calling , civill or Ecclesiasticall , in whatsoever season of the yeare , earing time or harvest , from whatsoever part of the kingdome , even the remotest , for whatsoever offence reputed Ecclesiasticall , 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 alwayes present , summon and call before them , at the times and places they shall thinke 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 , Iustices , and other officers , and subjects to apprehend , or cause to be apprehended , such persons as they shal 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 Captaine and Lieutenant of the Kings guard , the Provost and Bailies of the Burgh , where they shall happen to sit , Shiriffes 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 himselfe upon his own oath , to answer to their interrogatories , when there is no accuser , nor article of accusation libelled against him . He must sweare to answer to that , which he doth not as yet understand , not so much as in generall . And to grace this oath , they call it the oath ex officio . If any person refuse to take this oath , hee is forthwith committed to prison . The manner of taking the oath , is by laying their hand , or three fingers on the book , to sweare by God , and the contents of the booke , that they shall answer truely to such things as shall bee 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 bee never so great , as Premunire , abjuration , forfeiture of lands and goods , and some of the offences are limited to bee tried onely in the Kings Bench , yet the partie suspected shall be forced by this commission , to accuse himselfe , upon his owne oath , upon such captious interrogatories , as the wit of man can devise , when there is neither accuser , nor libell of accusation , sayth Nicholas Fuller in his arguments and defence of his Clients . This oath was set on foot under King Henry the 4. at the instant sute of the Prelates , for detecting and suppressing of those , whom that blind age called Lollards , that is , for suppressing of the Gospell , which was peeping out of corners . The Commons repined against that Statute ex officio , and the godly wrote against it , as a bloodie Maximinian law : They were first ordeined to accuse themselves , and then to be burnt . See Fox in Henry 4. The same oath doe the Prelates , now make a meanes to suppresse a due reformation of their Church , Worthy Vdal , and many more have ended their daies in the prison , for refusall 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 contumacie in refusing to obey their decrees , or reputed desert of their offence , 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 Captaines 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 forme , as shall be prescribed in the warrant subscribed by any five of them , one of the Archbishops being alwayes of the number . Neither may the imprisoned be set at libertie , but at their pleasures . And with us also the Lords of his Ma : privie Councell , are required upon the sight of any certificate subscribed by any 5. of the sayd Cōmissioners , one of the sayd Archbishops being alwayes one , either of fine , imposed upō any party , or upon the refusing to compeir before the sayd Cōmissioners , to direct a summar charge of horning upō ten dayes 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 sayd 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 bee 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 Ecclesiasticall , which was restored to the Crown in that act , and meant to be executed by the Commissioners , as Nicholas Fuller avowed in the defence of his Clients . But to fine , imprison , and force any person to accuse themselves upon their own enforced othes , their being no accuser known , nor accusation libelled , he proved , was not ancient jurisdiction Ecclesiasticall , but brought in , in the second yeere 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 greivance . Secondly , for that whereas by the intention and words of the sayd statute , Ecclesiasticall jurisdiction is restored to the Crowne , and your highnessly that statute inabled to give onely such power Ecclesiasticall to the sayd Commissioners , yet under colour of some words in that statute , whereby the Commissioners are authorized to execute their commission , according to the tenour and effect of your ●ighnesse letters patents , and by letters patents grounded therupon , the sayd Commissioners do fine and imprison , and exercise other authority , not belonging to the Ecclesiasticall jurisdiction restored by that statute , which wee conceive to bee a great ●●rong to the subjects . Aud that these Commissioners might as well by colour of these words , if they were so authorized by your Highnesse letters patents , fine without stint , and imprison without limitation of time , as also according to will and discretion , without any rules of law , spirituall or temporall , adiudge and impose utter confiscation of goods , forfeiture of lands , yea & the taking away of limme and of life it selfe , and this for any matter whatsoever pertaining to spirituall jurisdiction . Which never was , nor could bee meant by the makers of that law . To fine and imprison at pleasure , are punishments belonging to the temporall sword , which Christ hath forbidden his Apostles , and all Pastors their successors to use . The weapons of their warfare are not carnall , but spirituall . Christ committed unto them keyes , not swords . In very deed , there is no crueller beast , nor more tyrannous , then a degenerate Churchman . Hee is more insolent and outragious 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 usurpe the power of the temporall sword , or take it when it is offered , but ●ver abuse it . The three commissioners may inflict spirituall censures and punishments , as suspension , deprivation , deposition , excommunication . They may call for a Priest , comand him to denounce and declare in some Cathedrall Church , or other publick place , the offender to bee excommunicated , but they enquire , cognosce , decerne , 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 judgement , yet he should bee onely like the dempster , that pronounceth the doome , or like the hangman , or poore slave directed by the judge : hee 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 Episcopall , nor Archiepiscopall , but delegate onely from the Prince , which other assessours not Bishops , have as well as he ; and by this delegate power he with his two associates , as I have sayd , may inflict this censure upon any subject within England or Ireland , which hee cannot doe 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 rurall minister in Calder ; and Law of Glasgow , a rural minister at Kirkliston , possessing onely the rents of Bishoprickes , 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 immediatly 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 Kirke 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 , Iudge , and Commissioner , by which power he may suspend or deprive Ministers out of the bounds of his ordinarie jurisdiction , which no Bishops or Archbishops may doe by their ordinarie power . We had a late example in our own Archbishops about two yeares since : for when Mr. Spotiswood was at Court , Mr. Law pretended Archbishop of Glasgow , suspended Mr. Blyth , and Mr. Forrester from their ministerie , which he could not doe 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 passe , that at that same vile Assembly , no mention was made of Archbishops : and paction was onely made with these men who had the benefices , for which vulgarly they were called Bishops , that excommunication , suspension , deprivation , and deposition , should not be cōcluded without thē , not that they might suspend , deprive , excommunicate by themselves , and at their pleasures in the high Commission , or any where else , but according to the damnable Canons made by that wofull , but pretended and null Assembly . Farther , the Prince may inable one or mo● lay men with this same commission , wihout mixture of Ecclesiasticall persons . It is then an extraordinary power , wherewith they are inabled by the Prince to suspend , depose , and excommunicate . But the Prince hath not this power himselfe , and therfore by no right of Gods 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 yeare , were repealed as followeth . Item , our Soveraigne Lord , and Estates of Parliament foresayd , abrogates , cassis , and annulls the act of the same Parliament holden at Edinburgh the sayd yeare 1584. granting commission to Bishops , and other iudges constitute in Ecclesiasticall causes , to receive his highnesse presentations to benefices , to give collation thereupon : and to put order in all causes Ecclesiasticall , which his Maiesty and estates foresayd , declares to be expired in the selfe , and to be null in time comming , and of none availe , force , nor effect . Not withstanding of this repealed commission , our perfidious Prelats haue resumed the same again without any law reviving it . But let us proceed , and heare 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 pettie offence , pertaining to spirituall jurisdiction , is by the colour of the said words , and letters patents grounded therupon , made snbject to excommunications , and punishment , by that strange and exorhitant power , and commission , whereby the least offenders , not committing any thing of any enormous or high nature , may be drawn from the most remote places of the kingdome , to London , or yorke ; which is very grievous , and inconvenient , These three Commissioners being armed with double vengeance , and power of both swords , temporall and spirituall , may strike a man at one strike , in one sentence , for one and the selfe same fault , both with temporall and Ecclesiasticall censures , and punishments . They may depose and imprison a minister at one time for one offence : they may fine and excommunicate at one time , &c. Againe , they may punish the same offence in one person with a fine , in another with imprisonment , in the third with excommunication , in the fourth with deprivation . For their owne pleasures and discretions , and not the lawes , 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 therby the same men have both spirituall and temporall i●risdiction , and may both force the partie by oath to accuse himselfe of an offence , and also inquire thereof by a jurie : and l●stly may inflict for the same offence , at the same time , and by one and the same sentence , both spirituall and temporall punishments . 2. wheras upon sentences of deprivation , or other spirituall censures given by force of ordinarie jurisdiction , any appeale lyeth for the party grieved , that is heere excluded by expresse words of the commission . Also heere is to be a tryall by Iurie , yet no remedie by traverse not attaint . Neither can a man have any writ of errour , though a judgement 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 wheras penall lawes and offences against the same , cannot be determined in other Courts , or by other persons , then by those trusted by Parliament with the execution therof , yet the execution of many such Statutes ( divers whereof were made since 1. Eliz. ) are commended and committed to these Commissioners Ecclesiasticall , who are either to inflict the punishments contained in the Statutes , being Premunire , and other high nature ; and so to inforce a man upon his owne oath , to accuse and expose himselfe to these punishments , or else to inflict other temporall punishment at their pleasure . And yet besides , and after that done , the parties shall bee subiect in Courts mentioned in the acts , to punishment by the same acts appointed , and inflicted : which we thinke were unreasonable . The three Commissioners may not onely enquire , and try , but also judge in all causes Ecclesiasticall , in causes of heresie , simonie , idolatry , &c. It is , I grant , provided in the statute 1. Elizabeth , that they shall not in any wise have authoritie , or power , to order , determine , or adiudge , any matter or cause to he heresie , but onely such , as heretofore have been determined , ordered , or adiuged to be heresie , by the authoritie of the Canonicall Scripture ; or by the first 4. generall Councels , or any of them ; or by any other generall Councell , wherein the same was declared heresie , by the expresse and plaine words of the said Canonicall Scriptures , or such as heereafter shall be ordered , iudged , or determined to be heresie by the high Court of Parliament of this Realme , with the assent of the Clergie in their Convocation . This provision is no limitation , unlesse wee will say , that without the limits of the Canonicall Scripture there are some heresies determined , which are not determined within the bounds of the Canonicall Scripture . Seeing then they may determine in all he resies determined in the Scripture , they may determine in all herefies whatsoever , and may affirme that to bee determined for heresie in the Scripture which is orthodoxall . If the commissioners , the Princes delegates , may be judges in all causes of herefie , farre more is the Prince himselfe by their lawes , and that without the provision foresayd , wherwith the delegate commissioners are circumscribed . These three Commissioners have power to receive appellations from other inferiour courts Ecclesiasticall , like as the five with us have power by the Kings letters patents , to receive , and disusse , all appellations made to them from any inferiour Ecclesiasticall Judges , and to inhibite the said Ecclesiasticall judges to proceed iu any matter , which they shall hold to be improper for them , wherin they shall perceiue the said Iudges 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 inferiour courts , not onely at the appellation of any notorious villaine 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 partiall . In the narrative of the proclamation it was pretended , that this high commission is erected to stay advocation of causes granted by the Lords of Councell and Session . That forasmuch , as it hath bene compleaened by the Archbishops , Bishops , and other Ministers of that his Maiesties Kingdome , that advocations and suspensions , are frequently granted by the Lords of Councell and Session unto such , as bee in processe before them , and their Ecclesiasticall Courts , for offences committed , whereby offenders are imboldned continuing in their wickednesse , and ●ing the said , advocations and suspensions , or meanes to delay their tryall and punishment , Therfore &c. Complaint hath been made sometime by ministers , and suit to stay advocations , that the ordinarie indicatures Ecclesiasticall 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 Councel and Session ? An ambitious and covetous Clergie-man , is of all men the most vile and prophane . Did the Bishops complaine ? why do they then advocate causes from inferiour Courts Ecclesiasticall , seeing they have usurped the sway of proceedings in Courts Ecclesiasticall to themselves . Doe they accuse themselves of partialitiall proceeding in inferiour courts , or handling improper causes , and will these same men bee lesse partiall , and more conscientious in the high Commission ? If no censure can take effect without their approbation , and appellations should ascend from inferiour courts to superiour courts and Synods , wherefore will they rather advocate causes to this extraordinary court of high commission ? In England if a man stand wilfully fourty daies together excommunicate , and be accordingly certified by the Bishop into the Chancerie , that then ▪ he is to be committed to prison , by vertue of a Writ directed to the Shriefe : as it is sayd in the Apologie of certaine proceedings in courts Ecclesiasticall . And in a wr●● de excommunicato capiendo , it is sayd : quod potestas regia sacrosanctae Ecclesiae in querelis suis deess● non debet . The ordinarie lawfull courts Ecclesiasticall farre 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 suppresse the libertie of the Kirk , to maintain the usurped power , and tyrannous domination of our perfidious Prelates over Synods generall & Provinciall , Presbyteries & sessions , & to effectuate the intended conformity , which they know they will never get done in Synods and Presbyteries , unlesse the terrour of this high commission were standing above their heads . And therfore when they urge conformity , they haue their recourse to this weapon , or in Synods and Presbyteries men are terrified with the feare of it . This is their strong castell , out of which they command , and hold in slavery & bondage the whole citie . Here the Bonifacian Prelats stoutly draw the two swords , fine , consine , suspend , deprive , imprison , &c. But the couragious souldier fighting the Lords battell , will not bee borne downe with any such outrages , and terrours . Now as they receive appellations from inferiour courts , no appellation can bee made from these three , or our five , suppose their injustice and tyranny cry never so loud . I wonder if the heart of any faithfull Patriot , let be conscientious professour , can digest this . These three Commissioners may appoynt inferiour 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 inableth the making of such a commission , as well to any one subiect borne , as to more . Item , for that by the sayd Statute , the King and his successors may ( howsoever your Maiestie hath beene pleased , out of your gracious disposition otherwise to order ) make and direct such commission , into all the Countries and Diocesses , yea , into every parish of England , and therby all causes may be taken from ordinary jurisdiction of Bishops , Chancellers , and Arch-deacons , and Lay-men solely be inabled to excommunicate , and exercise all other spirituall censures : For that limit touching causes subiect to this commission being onely with these words , viz. ( such as perteine to spirituall , or ecclesiasticall jurisdiction ) it is very hard to know , what matters or offences are included in that number . And the rather because it is unknown what ancient Canons , or lawes spirituall 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 authoritie to inforce men called into question , to enter into recognisance , not onely 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 enjoyn 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 wayes among other . 1. For that lay men are by the commissioners punished for speaking ( otherwise then in iudiciall places and courtes ) of the simonie , and other misdemeanours of spirituall men , though the thing spoken be true , and the speech tending to the inducing of some condigne punishment . 2. In that these commissioners usually appoynt 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 imployed in the apprehension of suspected offenders in any things spirituall , and in the searching for any supposed scandalous bookes , use to breake open mens houses , closets and deskes , rifling all corners , and secret● custodies , as in cases of high treason , or suspition therof . Their commission is grounded upon a statute and act of Parliament , howbeit it agreeth not with the statute . Wee have not so much as a shew of a statute for commission of jurisdiction in causes Ecclesiasticall , and yet our usurping Prelates tyrannize over loyall subjects , faithfull Patriots , conscientious professours , 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 redresse this proud usurpation ? Shall the house of Commons in their Parliament bee grieved not onely at the exorbitant power of this high commission , but also at the statute it selfe , and shall our nobles , and inferiour estates not be grieved at our usurped commission ? Or will they suffer the like statute , and make the countrey mourn and groane for it the next day , as our neighbours have done ? Can Princes or estates give power of spirituall censures either to lay or spiritual men ? Or may they lawfully put the temporall sword in the hand of Pastors ? Or may spirituall men as they call them , accept it : If neither can be done , how can the estates erect , ratifie , 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 processe 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 dignitie 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 mightie Giants the Patriarches of Constantinople , Antioch , Alexandria , and Rome , who were mounted farre above Metropolitanes when the time was neere that the Antichrist should be mounted on horsebacke . But after that he was mounted , then Metropolitanes that they might keepe 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 flockes , and Pastors of one Diocie , was unknown to the Apostles , far more a Bishop of Bishops , a provincial Bishop , an Archbishop having iurisdiction and power over the comprovinciall Bishops . The Church being for the most part within the bounds of the Roman Empire , the governours framed the government according to the forme 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 carnall wisedome , partly with ambition and vainglory , wittingly and willingly did that , which brought in the Antichrist , and so the mysterie 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 Romane Empire , first Bishops , then Metropolitanes , then Primates , then the foure great Patriarches , they were but forming the second beast according to the image of the first beast , and the Bishop of Rome , one of the foure Patriarches , 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 bee of divine or Apostolicall institution , we will in this chapter onely let you see the Archbishops unlawful superiority over them . Persons having lesser ample administration , having eyther iudiciall administration , or administration not iudiciall , eyther constitute by law , or introduced without law , constitute by law , as the administration of the ordinarie Iudges . They doe execute it under the Prince , either in their owne name , or the name of others . In their owne name as Bishops , so called , either with addition , as Archbishops , or simply Bishops . Archbishops , ( being in England two , Canterburie and York ) are considered , eyther 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 , eyther in the ecclesiasticall state , or the civill . In the ecclesiasticall estate , eyther according to the place , which they hold cōmon to both the Archbishops , or that which is peculiar to Canterburie . According to the place , which is common , they are to be considered , eyther as in their ordination , or as after their ordination . In the ordination it selfe , it is to be considered , that if they the Archbishops haue not been heretofore Bishops , they must be consecrated by some Bishops . If they haue been Bishops , then their election onely is cōfirmed by some Bishops . Metropolitanes were chosen , confirmed , and consecrated of old , not by some , but by the whole Synode of the comprovinciall Bishops . But the English Bishop have no Provinciall Synods to any such purpose . They have neither the Discipline prescribed in Gods word , nor the Discipline of the old Bishops and Metropolitanes , but the Discipline and policie which was in use in the time of greatest darknesse under the Antichrist ; Here also wee see a signe , 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 hee is made an Archibishop , is not consecrated of new , howbeit hee bee in degree of power and jurisdiction above other Bishops . After ordination they are to be considered , either as Metropolitanes , or as Archbishops , or as Primates , or as lesser Patriarches . The English Metropolitanes have onely Bishops under them , yet , sayth 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 sayd , but the Patriarches greater and lesser onely , to whom appellation was made from the Metropolitane . But when Metropolitanes began to receive appellations , then this proud stile descended to them also , as we will see incontinent , that as Bishops , they received appellations . They will extoll the wisedome of the ancients in framing degrees in the Church , and yet they themselves confound these degrees , and offices , and make one man to bee a Metropolitan , an Archbishop , and a Patriarch . Many degrees were made to the Pope , to climm up to his throne : that beeing done , then was there confusion againe . We have this confusion then out of Babylon . As Metropolitanes , 1. in confirming the elections of the Bishops of his Province . 2. in consecrating these Bishops together with other two Bishops . By the auncient 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 onely of the convention , and the action was common . The Bishop of Spalato 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 needfull , that the Archbishop consecrate a Bishop , but an inferiour Bishop may do it for him : yet a Bishop may not suffer a minister to ordaine or say handes one a minister for him . How can they then bee so shamelesse , as to say , that Archbishops bee of divine institution ; if another may consecrate a bishop as well as hee , whether it bee 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 forme and rites of their consecration , wee 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 bee a perpetuall moderator of the common actions , and called him Bishop , as at Alexandria , where he was first hatche● , and made at the first , but onely perpetuall president , and this was all . 3. In convocating Provinciall Synods , according to the Kings rescript , 4. in moderating Synods , and giving the last voyce . Their Provincial Synods are not like the provincial Synods which wee wont to have . For ours were but Synods of Shires , 4 , 5 , or 6 classicall Presbyteries assembling together twice in the yeare . But their Provinciall Synode 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 onely two Archbishops , they can have but onely two Provinciall Synods . The Metropolitane convocateth the Provincial Synod upon the Princes letter , which happeneth very rarely . If the Prince direct his letter to any Bishop , as sometime hee hath done , what need is there of a Metropolitan . For they say , we cannot have Synods , unlesse we have Metropolitanes to convocate them ; and this is a chiefe 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 apperteineth 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 confesse themselves ; Neyther is it requisite of necessity to haue a Metropolitane to convocate Synodes , for Synodes at the first assembled without Metropolitanes . And in our age , both in our owne , and other reformed Churches , Synods have assembled , where there is no Metropolitane . Nay rather , Synods would be more frequently convocated , if they were altogether removed : it is so farre from the truth , that either we cannot have Synods , unlesse we have Metropolitanes , or that God hath ordained in his word that they should convocate Synodes . For we haue no Synods Metropoliticall , but onely Diocesan , since Metropolitans have beene set over our heads , nor yet national , but seldome , and dressed before hand for their purpose . If it be not of divine institution , that the Metropolitane should convocate Provinciall Synods , neither is it to moderate . And as for necessity there is none , as experience of our owne and other reformed Churches can beare witnesse : yea in their owne last Synode , Ban●roft Bishop of London was president . It may be that it was his Papsticall office , which hee had of old . For in the Catalogue of the seventy Archbishops , Canterbury is made the head of all ●ur Churches , all Bishops sworn to Canonicall obedi●nce of that Archbishop , and defence of all privileges and liberties of that seat . Where the Bishop of London is his Deane to call Synods , to publish his decrees , to make returne of the execution , Wincheste● his Chancellour , Lincolne his Vicechancellour , Salisbury his Chaunter , Worcester his Chaplaine , Rochester his Crosse-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 lawes and custome . As the Bishops haue suffragane Bishops under them , so the Bishops themselves are Suffraganes to the Archbishop . They are not his suffraganes , as he is Metropolitane , but as he is Archbishop . So that as Archbishop he hath greater authority then he hath as Metropolitan . For as Metropolitan he must doe nothing without a Synode in the Dioces of another Bishop , neyther by receiving appellation , nor by way of visitation . But as Archbishop he may receive appellations , and visite the Dioces of his Province without a Synode , as being not onely superiour in honour , and prioritie of order , but also in power of jurisdiction . And for this his greatnes , which he attained unto , he beareth the proud title of Archbishop . The old Bishops knew no other but a Metropolitane , & the Provinciall Synode assembling twice in the yeare , to the which appellations were made . It is troublesome , say they , to call Synodes so often , Dioces are so large , and the Synode should be wearied to stay till all the appellations of inferiour Courts were decided . Here a notable tricke . First they say , it is needfull to haue Synodes , and therefore needfull to haue a Metropolitane . This againe they crosse and say , there is no need of Synods , it is difficile and incommodious to have two provinciall Synods in the yeare , as of old . The Archbishop may doe all that the Synode did , receive appellations , visit and correct the excesses and defects of other bishops , onely he may not make Canons and Ecclesiastical lawes 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 farr as the kingdome : 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 bee preserved , that Synods may assemble . But before they loose any part of their extensive power , and large impire , they will rather reteine the corrupted discipline brought in under Antichrist . If they will say on the other side , the Diocies were as ample of old , then why doe they pretend to their loytering in their owne , or the Kings palaces , the distance of their Diocies . And if they will not convocate Provinciall Synods twice in the yeare , what is the reason that they will not convocate once in the yeare , or as was concluded in the Councell of Basile , once in three yeare ? Yee may see , that this corruption is so grosse , that it was palpable in the time of most palpable darknesse . Againe , Synods did not assemble onely to make Canons , but also for to put order to all causes Ecclesiasticall . Farther , there is continuall occasion to make new Canons , and also to reforme or repeale old corrupt canons . Neither doe Synods need to stay long upon appellations . if the Church should meddle onely with causes properly Ecclesiasticall , and the ancient judicatories inferiour were restored of presbyteries , and consistories . But to medle with tythes , testamentarie and matrimoniall matters , and to set up Archdeacons , Officials , and Chancellours , and the rest of that ●able , it may well procure moe appellations , then a grave and godly Synode should be troubled with . When all is done , yet Canterburie doth not , nor will not take the pains as by himselfe to decide the appellations . Hee hath ● Court , which they call the Court of Arches , wherein sitteth as Iudge , the Deane of the Arches , he hath to doe with appeales of all men within the province of Canterbury . Advocates there be in this Court 16. or moe , at the pleasure of the Archbishop , all Doctours 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 appeales of them in that province . So yee see , what way the ancient Synods are gone . Neither to direct by making Canons , nor to execute them being made , should bee permitted to the pleasure of one man. And yet by the way remember , that the Prince with advice of the Metropolitane ▪ may make Canons also . Howbeit the Archbishop be made up with the spoiles of the provinciall Synode , 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 , doe yee thinke hee will take the pains himselfe ? who then shal● attend on Court and Councell ? Yea I suppose that seldome hee sendeth his Chancelour , or any other for him . By the Canons of the Councell of Trent , the Archbishop may no visit the Diocie of another bishop , unlesse the cause and necessitie be first tried in the provinciall Synod : so that the fathers of that superstitious and bloudy councell , were ashamed of the Archbishops exorbitant power which the English retaine . And the English say , that during the time of the Archiepiscopall visitation , whereby the jurisdiction of the ordinary is suspended , that Ecclesiasticall iurisdiction which hee practiseth , hee doth exercise from , and under the Archbishop , as his deputie . The Archbishop may with the Princes consent without a Synod depose a bishop , sayth Whitgift . If bishops bee such vassals to Archbishops , what slaves thinke yee poore ministers be ? As Primates , or lesser Patriarches , 1. of right , as to admit appellations from inferiour judgements immediately . 2. of the prescription of time , to haue the custody of Ecclesiasticall jurisdiction during the vacancie of any Episcopall See within his owne province . York is stiled Primate of England , and Canterburie Primate of all England . There is a fine composition of an old plea. what they may not doe as Metropolitanes , they may doe as Archbishops , and what they may not doe as Archbishops , yet they may doe as little Patriarches . As little Patriarches they may receaue appellations immediatlie . So where one may not make a leap from the Archdeacon or his Officiall to the Archbishop , and passe by the Bishop . Yet he may leap over him to that same man , as he is Patriarch . And as for custody of spirituall jurisdiction , during the vacancie of the Episcopall See , that was the right of Deane and Chapter . According to the place peculiar to the Archbishop o● Canterburie , 1. every Bishop of his province confirmed by him , must exhibite to him a Chaplaine , 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 meane time . The Bishops have their Chaplaines , as Princes and Noblemen have , more for pompe and glory then for any necessitie or utility . For they will bee inferiour in nothing to the great Nobles , that concerneth pride of life . Noblemen for pride will not joyne themselves with the parish , where they are members , to worship God joyntly with them , as members of one politicall body , but must have their servile and flattering Chaplaines at home : yet they spoile many parishes to entertaine their beneficed and non-resident Chaplaines . Will the Bishops be behinde them in this ? Nay , they will bee as noble in this trespasse as the noblest , and the Archbishop will lead the ring . Take this unclaime of appellations from him , his letters of tuition are deere of a doyt . According to the place , which they hold in the civill 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 Ecclesiasticall , or in things civill . In things Ecclesiasticall , in which they have this prerogative , to receive and register the probate of wills , and to grant to the partie 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 Commissarie 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 Ecclesiasticall jurisdiction whatsover , 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 speciall inducement , do firmly beleeve that the partie 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 sayd partie died , amounting to the value of five pounds . And if the sayd person shall upon his oath affirme , That hee knoweth , or firmly beleeveth , that the sayd partie deceased had goods or good debts in any other Diocie , or Diocies , or peculiar jurisdiction within the sayd province to the value aforesayd , and particularly specifie and declare the same : then shall hee presently dismisse him , not presuming to intermedle with the probate of the sayd will , or to grant administration of the goods of the partie so dying intestat● : and shall openly and plainly declare and professe , that the sayd cause belongeth to the prerogative of the Archbishop of that Province , willing and admonishing the partie to prove the sayd will , or require administration of the s●yd go●s in the court of the sayd prerogative , and to exhibit before him the sayd iudge , the probat or administration , under the s●●l of the prerogative within 40 dayes 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 sayd summe or value , shall not 〈…〉 to have Bona Notabilia . unlesse in any Diocie by composition or custome , Bon● Natabilia bee rated at a greater summe . Here the Archbishop hath a Court for testamentary matters , which are meere civill , and belongeth no wayes to a spirituall Court ▪ which may and ought to be heard and determined in Courts temporall . In civill things is 1. to have the title of Clemencie , which in English we call Grace . 2. to have praecedencie before all the Peeres of the kingdome . This title and stile of Grace is not granted to any inferiour to a Duke , so that they have a ●tile aboue Marquises ▪ Earles , and Vicounts . They mock at Christs words Luke 22. 25. when they say , that Christ forbad his Disciples onely to be called bountifull or benefactors , but not to bee called gracious Lords . For Christ forbidding his Disciples to beare civill rule and temporall domination , forbad them the stiles , which were attributed unto , or usurped by civill Princes , and magistrates , to set forth their pompe and power , and for example he alledgeth that stile which was given to some of the kings of Aegypt , by one stile meaning all other of the like kinde . For as he forbad them not onely to be like the Kings of Aegypt , but generally like the kings of the nations , so the titles of all secular Princes and Rulers , that rule Nations and kingdomes , are forbidden . Farther , there is greater pompe in the stile of Grace , then of benefactor , and lesse truth : for there are none so gracelesse , unclement , and cruell scoutges in the hands either of Popes or Princes to scourge the Church of Christ. These base fellowes must also haue place before the greatest Nobles in the land , and the chiefe seat in publick conventions , and parliaments . Canterbury must have place before the chiefest officers of the kingdome , Yorke before all except the Chauncellour like the ambitious sonnes 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 traines of men to attend upon them , greater then many Noble men , and some to beare up their taile , which no Noble man hath . Fie . The Doctours of the civill law attend in their Scarlet robes upon Canterbury his grace , when he passeth through Pauls . And as I heare , when any come to his Chamber of presence , they must hold off their hats , howbeit his grace be not present himselfe . We shall see more of their pompe in the next chapter . By the grant of Princes , as Immunities , liberties , &c. in their owne large fieldes or possessions . Their immunities , liberties , priviledges and jurisdictions in their Baronies and large possessions , are but temporall , nothing availing to further and advance Christs kingdom . The particulars are best known to them , who haue 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 Chancellour . Or to Canterburie , as 1. to take the place before all the officers of the kingdom : whence it is , that he is called the first Peere of the Realme . 2. to inaugurate the king at his coronation . 3. to receive the rents of the lands , which hold of him in homage , while the heire is minor , not past 21. years , howbeit the same heir hold other lands in chiefe of the crowne . 4. to hunt with his owne hounds in any parke within his own province . Bishops are made Peeres of the Realme , and Canterbury is the first Peere , therefore he must have place before all the officers of the kingdom : wherof 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 blesse , a minister may do that as wel as a Bishop , or a bishop as well as an Archbishop . Bishops have vassals under them as noble men have . William the first ordained Bishopricks & Abbies , which held Baronies in pure and perpetual almes , and untill that time were free from all secular service , to be under military or knights service , enrolling every Bishoprick and Abbay at his will and pleasure , and appointing how many souldiours he would have every of them to finde for him , and his successours , in the time of hostilitie and warr . As they became vassals to kings & Emperours , so they laboured to have many vassals under themselves , insomuch that noblemen became their vassals . The Earles of Glocester had lands of the Bishop of Canterburie 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 medling with superiority over vassals , personall or reall 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 al England except 4. diocies , a pastime cōdemned by the ancient canons in clergy men . Hierome 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 Ecclesiasticall lawes , 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 appoynted a chiefe President , who heareth and ●onsidereth of their grievances and requests , that are petitioners for some moderation , and easement of the Ecclesiasticall law , sometime , as they pretend , overstrict and rigorous and a Register beside , who recordeth the dispensa●ions . The Lawes of God may not be dispensed with . If Ecclesiasticall constitutions , which are made by men onely be too strict , their rigour may bee relaxed , when and where there is a necessitie . This necessi●y ought to bee considered by the Ecclesiasticall 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 rigour of the Ecclesiastical law then eas●ment shoul● be granted to the petitioner without money . If ●here be not a relevant cause , then there should bee no dispensation granted at all let be for money . So this power to dispense with Ecclesiasticall lawes , 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 authoritie from time to time , by their discretions to give , grant , and dispense by an instrument under the seale 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 authoritie of he same . Provided alwayes , 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 taxe for the expedition therof at Rome , extended to the summe of foure pounds , or aboue , shall in any wise be put in execution , till the same lic●nce , dispensation , facultie , rescript , or other writing , of what name or nature soever it be , be first confirmed by his 〈◊〉 , has heirs , or successors , kings of the Realme , under the great seale , and enrolled in the Chauncerie in a Roll by a Clarke to bee 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 Romes 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 triall of the cause , as 1. to appoint publick Notaries , 2. to give licence to the sickly , women travelling with child , aged and diseased persons , to eat flesh on forbidden dayes , for some politicall respects , 3. to solemnize matrimonie , howbeit thrice open publication of the Banne● hath not preceeded . 4. In cases which belong to benefices . Notaries , which are called Registers , are appoynted by Bishops , and Archdeacons respectively . Publike Notaries appointed by Archbishops , serve , as I suppose ; the Diocies of the whole province . Seeing they haue 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 licence to eate flesh onely for politicall reasons , wherefore are the same fasting dayes , or dayes of abstinence from flesh observed , which the Papists observe ? wherfore doth the curate in time of divine service make publick forewarning of these dayes , as they are to fall in the weeke following ? and why are not politick judges appointed to grant such licences ? It is the old superstition then , not new policie , which is respected . Doe 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 licence for marriage without 3 ▪ proclamations preceeding , onely to persons of good state and qualitie , as if persons of mean estate or quality , could not have as necessary a cause to seek relaxation of 3 proclamations . But if ther be any quantitie of money in the purse , the person is of sufficient qualitie . By these licences , children are sometime married without consent of their parents , and sometime the heire is carried away , and married without further notice . Precontracts are deluded , persons having interest which might take exception , not being publickly warned : a way given to clandestine mariages● the congregation mocked , when two of their members are ioyned in mariage , they know not where nor when . As for taking caution & securitie 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 concerne benefices , as 1. to abolish irregularitie , not wilfully contracted . Irregularitie is an impediment of the Canon law , which inableth a man to take on orders , or to minister into them , and consequently to bee 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 Realme , stand still in force with them and they may observe them , as they please . To sit in judgement upon bloud , was irregularitie of old , yet these Bishops , make no scruple of it , or any other thing may serve to advance their greatnes . That which was reckoned amongst irregularities , but was in very deed a divine , and not a Canonicall impediment brought in by man , they made least account of , to wit , the irregularity of apostasie . For they allowed Popish massemongers , men for all seasons , K. Henries Priests , K. Edwards Priests . Qu. Maries Priests to be preachers of the Gospell in the daies of Qu. Elizabeth , as the authors of the admonition to the Parliament do testifie . When they would cover their Apostasie with Peters fall Mr. Cartwright maketh this distinction . Peter denied Christ cast down , or in time of his humility , they have denyed 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 honour : he for his life , they for their living . I speake favourably : for otherwise I might say of some ▪ that they did it not onely to save that which they had , 〈◊〉 to get more unto it . Peter did it privatly , and 〈◊〉 corner , they in set and open iudgement : he onely denied that he knew him , or that hee was one of his Disciples , but spake no evill of him : they affirmed , that they knew the Gospell to bee naught , and so spake evill both of Christ and it : hee did it suddenly , and at a push ▪ they deliberatly , and with time given to consult : he although he forsooke his master Christ , yet never served the Scribes and Pharisees , which were the enemies of Christ ; they did not onely forsake Christ , but served in the courts of his sworne enemie the Antichrist . And againe , they at one clap have renounced him with mouth , and subscribed against him with their hand , and where he forsware him once , they have forsworn him oft , according to the member of Dioceses , where they have their livings , and diversitie of times , wherein such thing● have been required . Peter was called immediatly 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 owne law . But the Levits which went astray after idols , shall not come neere unto me to doe the office of a Priest unto me , nor ●om● neere to any of my holy things in the most holy place : but they shall beare 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 unfainedly repent , they may be received againe into the besome of the Church : but because of the skar which remaineth after the deep wound of their fearfull Apostasie , they ought not to be restored to their degree of office in the Church . Men proving inconstant in the faith , are not fit to bee made captaines in the Lords armies . Bastardy is no true irregularity , or just impediment to inable a man to receive orders . If it were not too tedious to run over and apply all sorts of irregularities , we should finde an huge number of irregulars by the Canon law , amongst their Clergie men . 2 To abolish likewise simoniacall suing for promotion to benefices , or orders . Their Simonie cannot bee 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 generall muster as it were of the whole Clergie , and if you will let us begin it the basest underlings . The Curats , as they call them , are both in very deed , and in all mens account , a company of beggarly followes . In whom a man may see that verified which was threatned against the family of Esi ; men bowing themselves to the ground for a peece of silver , or a morsell of bread , and craving to bee put into one of the Priests offices , that hee may have a snap at a crust of bread , 1. Sam. 3. 36. Now for the rest , those that by meanes of their more full purses , walke more lustily , such as wee 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 obeysance , and dutifull complements , that they may come by these Ecclesiasticall 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 seale : for these two places are like to the beautifull gate of Salomons temple , Act. 3. 2 Men come in this way apace , thich and threefold , and they are in great hope to carry away some good reliefe . Others there are that become followers of Noblemen , and P●eres of the land , whose Chaplaines they become , either houshold or retainers , as I may call them , that live under their protection , for what end , trow yee ? Even for this and no other , that as soone as any benefite , as they call it , shall fall voyd , they might enioy it by the Lords 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 favour meere beggery ? Is it any whit a lesse filthie thing to come to a rectorie ( or Personage ) by favour then by money ? If wee will judge indifferently , it is all one fault to creep in , whether it be by bribing and simonie , or by fawning and flatterie . The rest of the rout in the Countrey are diligent in attending the common sort of Patrones , whose thresholds they lye watching at , whose wives they brave and court , as if they were their mistresses , whose children they cogg with , whose servants they allure with faire words , and promises , to be their spokesmen , and in every place and poynt they play the parts of miserable beggars . Some there are that begg more craftily , like to those that sit in the high wayes , or in places where two wayes meet , and there they offer pilled rods to passengers , to get a peece of money● therewith as it were a pennieworth for a pennie . So doe men make way for their suits , by large giving of money in hand , or else by compacting to give some of their yerely tithes for a gratification . But some man will say , all this is not the corruption of the Lawes , but the corruptions of men . Nay surely , as long as that manner of conferring Ecclesiasticall charges taketh place , which hath been in use among us to this day , there can be no remedie applyed to cure or prevent this beggarliness . Doe wee not sufficiently find it to be true in experience ? In the late Parliament , Lawes were enacted severely against it . But what came of that ? nothing truely , but that it made men deale more closely and cunningly , to cosen the Law. We must not thinke to doe any good with our lawes , where Christs lawes are not observed . But to proceed , whence once the living is by beggerie obteined from the Patron , what a deale of begging worke is there to come , for those Sir Iohn-lack latines , that institution might be had from the Bishops . Heere hee must supplicate , not onely to the right reverend Bishops , but to Master Examiner , to my Lords Groom of his Chamber , his Register , the Yeoman of his Butterie , and Larder , yea , the meanest , that belongeth unto him . Not that want of Latine ▪ 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 gaine commeth trowling in this way . There is no Castle so defenced 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 looke to it . The like is the condition of Praebendaries , Archdeacons , and Deanes . Nay , are the Bishops themselves cleare of this base beggarie ? What meaneth then , that continuall haunting of the court , and hanging upon the Nobles ? Why doe 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 appeale to their consciences , whether a● not some of those fat demeasnes of their Bishoprickes let out of their own accord , to such as they seeke , and sue to , that might farme and hire them , or else are there not other large bribes covenanted to be given to such , as shall stand them in stead , for attaining of those dignities ? But are th●y onely thus beggarly in their ambitious suing for their promotions ? Nay truly some of them are grown so extreamly base this way , that if they bee to change their See , they pay not their first fruits , but by racking together in a filt●y fashion , an almes from the poorest vicars , which yet must goe under the name of Benevolence , to make a cleanly cloke withall . The price of simonie is not onely a gift in the hand , of money , but also the servile flatterie of the tongue , prayers and sollicitations , and officious services of the body . Some Bishops have made their porters ministers , as the authour of the petition to the Queene doth witnesse . Simonie is compared to the leprosie of Gebezi , but they have a water to cleanse it , the Archbishops court of faculties , where the Simoniacall 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 . Wee alledged before an example of him that was Bishop of Glocester , and withall commendatare of the Bishopricke of Bristow 16. yeares altogether , by the late Queenes dispensation , as witnesseth Godwin of Landaffe in his commentarie of the English Bishops . Bishops are not content with commendams of Bishoprickes , but to make their Bishoprickss more corpulent & fat , they take also fat parsonages , vicarages , and Prebends , in commendams . 4 That the sonne may succeed immediatly to his fathers benefice . If the sonne claime kindnes , as we call it , to his fathers benefice , he ought to be repelled , and no dispensation should further him : for the ministery doth not now discend 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 weightie cause , the beneficed person shall not bee 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 Chaplaines of the King , Prince , Noblemen , and Bishops , take up the benefices of their parishes , and live notwitstanding at Princes , Noblemen , and Bishops houses . Mr. Leaver preaching before K. Edward 6. sayd , Now my Lords both of the Laity and Clergie , in the name of God I advertise you to take heed , for when the Lord of all Lords shall see his flockes scattered , spilt , and lost , if he will follow the ●racke of blood , it will lead him straight way unto ●his Court , and your houses , whereas those great theeves , which murther , spoile , and destroy the flock● of Christ , be received , kept and maintained . Hooper , preaching before the said King , said , that his Majestie should beginne at his owne Court , and compell the Chaplaines to serve th●se soules , that labour for their livings , otherwise he should put his owne soule in danger . The Courts then of Princes , Nobles , Bishops , and others , are the first denns of these soule-murtherers . The second rank of dennes wherein they lurke , is the universities of Cambridge , and Oxford . There the fellowes of their Colledges , benefice● persons do make residence , & not at the Churches to which their benefice● belong : but , as a Countreyman of their own ●aith , melting and dying there , like snayle● within their shelts . The third sort of Non-residents , are Deanes and Prebendaries , lurking in their Cathedrall Churches , as in dens , devouring the benefices of Parishes lying farre● off in the meane time . Others are permitted to take on orders , and to receive a benefice , and after , as unsufficient 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 , wandring vagabonds , which are not lurking in any of those dennes . Some have hirelings to preach monethly or quarterly sermon● for them , to their flocks : But because they ar● hirelings , they carie not true love to the sheep ▪ but onely serve for a little hire to the beneficed parson , and performeth the taske agree● on betwixt them ; not thinking to render account one day to the Sheep-master , but answer onely to the Sheepheard , the beneficed person , whose wages he receiveth . Therefore he dealeth not with the conscience , but perfunctoriously performeth his prescribed taske for his hire ; for he thinkes the sheep not his charge . but M. Parsons . They are like the Philistim Priests , which laid the Arke of God upon a cart , and hurled it with Oxen , which they should have carried themselves . Although I speake herein too favourably of the greatest number of them , which doe 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 alwayes it standeth a man in least , which may be done by a poore asse . 6. That a Layman studying to letters may retaine a Prebend , and yet not be compelled to take on the Ministerie . If the office of the Prebendarie be necessarie , then the Prebend ought not to bee bestowed to another use . Then againe , to bestow it on a Lay-man , and not to prepare him for the use of the Ministerie , is farre from the intention of the donatour . 7. That a man entred in holy orders , and otherwise qualified according to the Lawes , may enjoy two Ecclesiasticall Benefices , if they bee Benefices of Cure within a certeine distance ; if without cure , without respect of distance . Pluralitie of benefices doth include also non-residence . For the pluralist cannot make residence at 2. or 3. divers parishes at once . By statute made 21. Henr. 8. it was provided , that spirituall men being of the kings Councel , may purchase licence or dispensation , and take , receive , and keep three Parsonages or Benefices with cure of soules , Chaplaines to the King , Queen , Prince or Princes , or any of the Kings children , brethren , sisters , vncles or Aunts , two parsonages or benefices with cure of souls . Every Archbishop , and Duke may have 6. Chaplaines , whereof every one may have two Parsonages or Benefices with cure of soules : a Marquise of Earle five Chaplaines , whereof every one may have two Parsonages , or benefices with cure of soules . Every Dutchesse , Marquesse , Countesse , and Baronesse , being widowes , two Chaplaines , the Treasurer and Controller of the Kings houses , the Kings secretarie , and Dean of his Chappel , the Kings Amner , and the master of the Rolls , two Chaplaines : the chiefe Iustice of the Kings bench , and the warden of the five ports one Claplaine , every one with two benefices of cure of soules , Lords sonnes , Lords brethren , knights sonnes , Doctors and Batchelers of divinity , Doctors of Law , and Batchelers of the Canon law . Provided also that every Archbishop , because hee must occupie 8 Chaplains at cons●cration of Bishops : And every Bishop because ●e must occupie 7 Chaplains , at giving of orders , & consecration of Churches , may every one of them have two Chaplaines over and above the number above limited unto them , whereof every one may purchase licence of dispensations , and take , receive , and keepe as many Parsonages , or benefices with cure of soules . In the Record of the worthy proceedings , it is sayd , that by the provisoes of that statute , the Kings Chaplaines may have as many benefices as they can get , without stint , and some others may have 4. benefices with cure at one time in severall counties , and some two benefices and yet bee resident upon none of them , so long as hee attendeth upon his Lord and master , which is a thing intollerable in a Christian common wealth . One person will have a mastership of a Colledge 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 manie have three or foure benefices scattered one from another an hundred miles . In the 41. Canon of the late constitutions , it is licensed onely to such as have taken the degree of a Master of Arts , at the least in one of the universities , and be publick and licenced teachers , to have moe benefices with cure , then one , providing the sayd benefices bee 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 doe unto them this mischiefe , to make them in the first place guiltie of so great a sinne ? Thou confessest that pluralitie is evil , and a thing to be suppressed , and yet thou givest them leave in thy indulgence to bee infected with this pestilent disease . Doubtlesse it is a notable priviledge of their degree , that they may bee 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 soules , require notwithstanding an office , and attendance upon that office , he cannot lawfully enioy 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 hee could not have had sufficient meanes to obtaine the bishoprick . 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 bee had at the Sea of Rome , or if not accustomed to bee obtained at the Sea of Rome , if the Prince himselfe , or those who are of his secret councell doe permit . We heard of some speciall dispensations before : now we heare 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 lawfull dispenser , no more is the Archbishop . Where it is sayd , if the matter it selfe be not repugnant to the word of God , it is to no purpose : for the Pope will not say , that hee dispenseth in any thing repugnant to the word of God , howbeit he doth it in effect , and so doth the Archbishop . For simonie , non-residencie , pluralitie of benefices , readmission after the irregularitie of apostasie , observation of superstitious dayes and times , not eating of flesh in Lent and forbidden dayes , which are here expressed , are repugnant to the law of God. Therefore he may take the like libereie in usurie , perjurie , incest , mariage within degrees of the Leviticall 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 authours of the Admonition call this Court a filthy quagmire , and poysoned plash of all abbominations , seeing the filth of all these abominations are washed here , and the guiltie person commeth 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 certaine Parishes exempt from the Bishops iuris●iction in some Diocesse , and are peculiarlie belonging to the Archbishop of Canterburie . Hee hath also inferiour Courts , such as other Bishops have . You see then , Canterburie is a petie Pope , or according to Bancrofts reckoning , a vice-pope , made up of the old spoyles of comprovinciall Bishops and Synods , and also with the new spoyls of the Pope , beeing armed beside with the Kings delegate temporall power in the High Commission , and so greater in his intensive power , then ever he was in time of Poperie . And when the union shall be accomplished , shal 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 faithfull Patriots would forsee and prevent this . The least of their Ceremonies will prepare a way to this mischiefe . CHAP. 4. Of the Dignitie , and Power of English Bishops . IN the former chap●er we did onely give , not grant superiorite of Bishops over Pastors , which being supposed , we medled onely with the vnlawfull power and dignitie of Archbishops , but the truth is , that the superioritie of Bishops over Pastors is unlawfull also . By divine Law , one Pastor is not superiour in degree above another , no more then one Apostle or Euangelist above another Apostle or Euangelist . The name of Bishops was not appropriate to any eminent rank of Pastors , but was common to all , as may be seene Act. 20. Philip. 1. 1. Timoth. 3. Tit. 1. 1. Pet. 5. And that their office was also common may be sene in the same places from whence Hierome in his Epistle to Evagrius doth conclude , that a Bishop , and Presbyter was all one , And in his Commentarie on the Epistle to Titus cap. 1. that communi Presbyterorum consilio Ecclesiae gubernabātur , the Churches were governed by the joynt advice of Presbyters . Our Opposites say , that government was onely private in the inner court , the court of Conscience , not publicke in the externall court , or Consistorie . It was so in the time of Poperie , when the Priests were excluded from the externall governement of the Church , which Bishops did vendicate to themselves , and their Courts , the poore Priest having no further power , then to receive privately auricular confession , ponder the weight of secret faults , and accordingly to enjoyne pennance . But Hierome speaketh not of a severall , but of a common councell , and joynt care of many assembled together . For this private government in the inner Court of conscience , was not onely then , but continueth to this day , wherby every Pastor may deal with the consciences of any of his own flock . But Hierome speaketh of a government , which was altered after the Apostles times , and different from the Episcopall government which followed , When the Churches were thus governed in common , by joynt advice of Presbyters , they had not a perpetuall President ; or as we use to speake , a constant Moderator , who had this preeminence during life set over them , to moderate the common Meetings , but they choosed their Presidents , and changed them , as they thought fit . No Pastor could claime this prioritie 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 doe claime . 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 mischiefe which followed : This was the Cockatrice egge out of the which Antichrist himselfe was hatched : For this perpetuall Presidencie and prioritie of order , did degenerate in superiority of power , and majoritie of rule , and the Bishops growing to some grandeur , they behoved to have an Archbishop , and at last a Pope . So that if a Bishop had not beene , 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 Monarchie should arise from so small a beginning . But the Apostle telleth us , that that iniquitie was a Mysterie , and that this Mysterie was working under ground even in his time . For even the Apostolicall times wanted not a proud Diotrephes , loving preeminence . A little seed will bring forth a great Tree . If the Discipline had not beene corrupted , as well as doctrine , the great Antichrist could not have risen . All the errours and heresies in doctrine and matters of faith , which have entered in the Church , could not have brought him in , unlesse errour and corruption in the government had entred in also ; for unlesse this had been he could pretend no claime at all to governe and rule . I come therefore to our English bishops . Let a man travell through Italie where the Pope is , or Spaine where the Spanish Inquisition is , he shall finde no difference betwixt the power of an Italian , Spanish , or English bishop . The English bishop is the same now for power and greatnesse that hee was an hundred years since in the time of poperie . There are foure things chiefly to bee considered in him : First , the derivation of his power : 2. the sole exercise of his authority . 3. the deputation of this his authoritie . 4. his extensive power . As for the first , they are not bishops , as we have sayd , iure divino , by divine institution , or right , nor cannot bee . Neither are they Bishops by humane 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 kinde of Bishops , which ruled together with the Presbyterie or Ecclesiasticall Senate , but they are bishops by the Municipall law of the land onely in the judgement of the lawes . For all their iurisdiction & 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 proces and writings , in the kings name , and not in their own names , and that their seals should be graved with the Kings armes , as I have already declared in the first chapter . It is true , that they make processes in their owne name , and use their own seals , but herein they transgresse the formes prescribed by lawTheir manner of holding in Capite , in chiefe of the king , their Episcopall power and jurisdiction is not changed for all that want of formalitie , as before I have cleared out of Bishop Farrars answer . Sir Edward Cooke in the 5. booke of his Reports , doth prove , That the Function , and Iurisdiction of Bishops and Archbishops in England , is by and from the Kings of England ; and concludeth , that though the proceedings , and progresse of the Ecclesiasticall Courts run in the Bishops name , yet both their courts and lawes , whereby they proceed , are the Kings , as M. Sheerwood in his Reply to Downam doth report . So then all the acts of their Episcopall jurisdiction are performed by authoritie derived from the King. If ye will call that authoritie civill , then actions of a spirituall nature are performed by a civill authoritie , which is absurd . But seeing this is impossible , that civill authoritie can be elevated to so high a nature , it must follow , that it is truely spirituall power , which is united to , and derived from the possessor of the Crown , I meane , in the estimation of men and judgement of the Law : howbeit in it selfe , and by Gods Law , it cannot be done . It followeth therefore that all the Iurisdiction properly spirituall , which the English Prelates doe exercise , as Prelates , is unlawfull , how soever they have the warrant of mens Lawes . It is but onely to save their own credite , that they have set Downam . Bilson , and other their friends on worke , 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 authoritie , which is censured by Sir Francis Bacon , now Chancellour of England , after this manner , There be two circumstances in the administration of Bishops , wherein I confesse I could never be satisfied . The one , the sole exercise of their authoritie . The other , the deputation of their authoritie . For the first , the Bishop giveth orders alone , excommunicateth alone , judgeth alone . This seemeth to bee a thing almost without exemple in government , and therefore not unlikely to have crept in , in the degenerate and corrupt times . We see that the greatest Kings and Monarches have their councell . There is no temporal Court in any land of the higher sort , where the authoritie doth rest in one person . The Kings bench , common pleas , and the Exchequer , are benches of a certain number of judges . The Chauncellour of England ●ath the assistance of 12 masters of the Chauncerie . The master of the Words hath 4 Councell of the court : so hath the Chauncellour of the Dutchy . In the Exchequer chamber the Lord Treasurer is ioyned with the Chauncellour 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 Councell of divers . The Starre Chamber is an Assembly of the Kings privie Councell , aspersed with Lords spirituall and temporall . So as , in all the Courts , the principal person hath ever , either colleagues , or assessours . The like is to be found in other well governed kingdomes 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 passe by the Bishops iurisdiction , are of as great importance , as those that posse by the civill Courts . For mens soules are more pretious then their bodies , and so are their good names . Bishope have their infirmities , and have no exception from that generall malediction against all men living , Vae soli , nam si ceciderit , &c. Nay , we see , that the first warrant in spirituall causes is directed to a number , Dic Ecclesiae , which is not so in temporall matters . And wee see that in generall causes of Church government , there are as well assemblies of all the Clergie in councels , as of the Estates in Parliament , whence the● should this sole exercise of jurisdiction come ? Surely I doe suppose , and I doe thinke upon good ground , that ab initio non fuit ita , and that the Deanes and Chapters were councells , about the Seas and Chaires of Bishops at the first , and were unto them a Presbyterie , or Consistorie , and medled not onely with the disposing of their revenues , and endowments , but much more in jurisdiction Ecclesiasticall . But that is probable , that the Dean and Chapter stucke 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 suffred the Bishops to encroch , and usurpe , and so the one continueth , and the other is lost . And we see , that the Bishop of Rome ( fas est ab hoste doceri ) and no question in that Church the first institutions were excellent ) performeth all Ecclesiasticall iurisdiction , as in Consistorie . And whereof consisteth this his Consistorie , but of the parish priests of Rome , which terme themselves Cardinals , a Cardinibus mundi , because the Bishop pretendeth to bee universall over the whole world . And hereof againe we see divers shadowes yet remain , in as much as the Deane and Chapter , pro forma , chooseth the Bishop , which is the highest poynt of iuris●iction . And that the Bishop when hee giveth orders , if there be any ministers casually present , calleth them to ioyne 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 spirituall 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 validitie of marriage , and legitimations , in judging causes criminous , as Simonie , incest , blasphemie 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 inferiour degrees of Prelates , or Ministers , and the better issue or proceeding in those causes , that shall passe . And as I wish thi● strength given to your Bishops in Councell , so that is not unworthy your Majesties● royall consideration , whether you shall not thinke fit to give strength to the generall councell of your Clergie the convocation house , which was then restreyned , when the state of the Clergie was thought a suspected part of th● Kingdome , in regard of their late homage to the Bishop of Rome ▪ which state now will give place to none in their loyaltie , and devotion to your Majestie . Where it is sayd here , that Deane and Chapters were at the first counsellers to Bishops , it is to be understood at the first time of erecting Deane or Chapter , not at the first setting up a Bishop ; far lesse at the first forme 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 perpetuall Moderatorship and Presidentship onely : neither was there a particular choice made of some Presbyters to sit in judgement with this President , nor another besides this President Bishop , to be Deane of the Presbyterie ; for that had beene to make a President above a president and some Presbyters Cardinall Presbyters of more esteeme the● the rest . In the Church of Ierusalem all the Presbyten governed , not a selected number . D. Field , a defender of the hierarchie , acknowledgeth this , That for a long time there was no more respect had to one Presbyter then to another , but all equal●y interessed in the government of the Church , were indifferently called to the election of the Bishops , ●nd his consultations , it is most cleare and evid●●t A●● this he proveth in speciall of the Church of Rome by Cyprian . And the first appearance of this difference , that not all , but Car●inall Pres●yters onely were called to the common consultations in the Church of Rome it selfe , that he found , is in the time of Gregorius Magnus , that is , about 600 yeares after Christ ; yet he leaveth this as uncertaine . But certaine it is ( sayth he ) that all the Clergi● had interest in the choyce & election of the Bishop , even in Gregories time . As if now the whole ministerie and Cleargie of the citie of Lon●on should be admitted to the election of the Bishop , and not some few Chapiter men onely . Yea Bellarmine him selfe sayth , Non enim jus divinum definivit ▪ ut hi potius , quam illi ex clericis eligant . For divine 〈◊〉 hath not determined , that such and such of the Clergie more then others , should choose . But afterwords in processe of time , ( sayth D. Field ) the Cardin●lls onely 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 meanes the dignitie of these Cardinals was greatly encreased . Again , Now these Cardinall presbyters were not onely in the Chur●h of Rome ▪ but in other Churches also , as Duarenus sheweth . So the institution of this difference was so farre from being excellent , that it thrust lawfull pastors from the government of their owne particular charges , & the joynt government of the church , and increased the dignitie of Cardinalls . These Cardinals were but parish priests and Deacons , resident in their parishes and titles . So are not our Chapitermen . But that assistance and councel in proces of time went out of use also . So it is ever dangerous to depart from the right partern and shape formes of government to our selves . Alwayes this polititian alledgeth very pertinently to the shame of our bishops , and their sole government , that the Bishop of Rome performeth all Ecclesiasticall jurisdiction as in Consistorie , We heard how Archbishops were made up with the spoyles of the Synodes . So the Bishops were made up with the spoyles of the Presbyteries . Would you not thinke it very absurd , to see the Moderator sit by himselfe , exercise all manner of Ecclesiasticall jurisdiction without the Presbyterie . Of the Deane and Chapter wee will have occasion to entreat a-againe . The third thing to be considered in the English Bishop , is the deputation of his authoritie . 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 burthen which he taketh on himselfe , hee transferreth his charge unto other officers under him . He hath taken from the Pastors the pastorall staffe of government , which belongeth to every shepheard , that is set to keepe Christs sheep , and left them nothing but the pastorall pype , to preach and minister the sacraments , and hath put that pastoral staffe in the hands of strangers who are not the true sheepherds , that is in the hands of Chancelours , Archdeacons , officialls , and Cōmissariet , vicars generall , and the rest of that Antichristian●able of officers . The 4. is their extensiue power . For wheras the presbyterie choosed , and set up a Bishop , and no presbyter was excluded from common consultation and judgement , and their meeting behoved to be ordinarie , for exercise of ordinarie jurisdiction in the Church , wher they governed , the bounds of the Bishops jurisdiction could be no larger nor the bounds of the presbyteries jurisdiction , that is wher all the presbyters might convene to exerce ordinarie jurisdiction . All the presbyters of a shire , or countie could not convene ordinarilie and weeklie together to exerce ordinarie ecclesiasticall jurisdiction . Neither is any where in the new Testamen● , a visible Church endowed with power of ecclesiasticall government taken for a whole shire , or Countie . We reade of the Church of Ephesus , Philippi , Ierusalem , 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 no where to be found . H● would be thought to speake 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 towne churches the scriptur● knoweth , but not countrie churches . F●● when the scripture speaketh of a Province or Countrey , it speaketh in the plurall number Churches , not Church , in the singular . Seing then there was no Diocesan Church , ther was no Diocesan Presbyterie , nor Diocesan Bishop . No Church is above another . The Church of Corinth had no superioritie over the Church of Cenchrea , which was next adiacent . And consequently the Presbyterie of one Church hath not superioritie over another Church , therefore the Bishop chosen by the by the Presbyterie of one Church , hath not power over the Presbyterie of another Church . Neyther can he possibly exercise ordinarie iurisdiction in divers Churches , and Presbyteries , except yee will make him a Pluralist , and have him gallop from one to another , to keepe the ordinarie meetings , which galloping was not kaowen in the Apostles times . But Bishops have spred their wings over many cities and townes , whole Countries , and Shires , that they are not able , suppose they were willing to execute the power , which they claime , in their owne persons , but must of necessity depute others . And whom depute they , I pray you ? Doctours of the civill lawe , whom they make Chauncelours , Officials , Commissaries and other officers of the Canon law . Suppose they should depute ecclesiasticall persons onely , yet this should not free them of guiltynes . For it is a personall duety which the scripture requireth of the officebearers of the Church . At the first Bishops were placed in little townes , aswell as in great cities , and were not so thin sowne , as since that avarice and ambition have made them to dispise 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 Bishoprick of York hath devoured many smaller bishopricks next adjacent ▪ as Camden reporteth in his Brittannia . The Bishoprick of Lincolne 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 generalls 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 , eit●er in the common-wealth , or in the Church . In the common-wealth , in that they have the title of Lords in respect of their Baronie annexed to the Bishoprick . 2. to have precedence before other Barons in the convention of th●ee thre Estates , or in other meetings . They tell us that Elias and Elizeus , 1. King. 18. 2. King ▪ 2 were called Lords , and if the prophe●s were of old so stiled , why may not they also ? By this reason all prophets and pastors should be so honoured . 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. Ioh. 12. 21. to Gardiners , Ioh. 20. 15. and was more common among the orientalls , then Sir is with us . Elias and Elizeus were not Barons , and for their B●ronies stiled Lords aboue the common sort . But that stile is with us attributed onely to Lords of dignitie , to Noblemen , and other officers of State. As for Bishops , you may see , that they are so stiled in respect that they are Barons howbeit D. Downam doth aledge , that they are so stiled in regard of their spirituall office and jurisdiction . The first respect is forbidden ; Luk. 22. 25. as wee have sayd before . The second respect is as unlawfull : for there are no Lords in the Church but one Christ , who is Lord and King. Their ambitious and arrogant precedencie in taking place before great Barons , is another part of their pompe . Their statelinesse and pompe is set forth also in their glorious palaces , & sumptuous buildings . Their chambers doe shine with guilt , their walles are hanged with cloth of Auris , their cupboards are laden with plate , their tables and diets are furnished with multitude and diversitie of dishes , their dayly 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 carying of a dish unto the table ) have no honest or profitable calling to accupie themselves in , two houres in the day , to the filling of the Church and common wealth also , with all kinde of disorders , as Mr. Cartwright an eyewitnesse doth testifie . Many Churches lye desolate for want of sufficient provisioes , whose impropriations are appropried to bishops to maintaine their pompe and statelines , and bestowed upon keeping great horses , caroches , and trains of men . I need not to insist in this poynt , it is so sensible to any man , who hath but common sence . In the Church by reason of their calling , or of their function . In their externall calling to the Bishopricke , some things respect the Prince , some things respect other Bishops . The Prince before election may 1. nominate . 2. grant facultie to choose . After the election finished , 1. yeeldeth his Royall assent , 2. directeth his mandate to the Arch-bishop to confirme him and other two , to consecrate , 3. exacteth the oath of homage from the new bishop , 4. Restoreth to him the possessions of the Bishoprick . Such things as respect other Bishops , respect either the Archbishop , or him and others : the Archbishop , as him who is to confirme 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 Deane and Chapter make intimation to the King of their want of a Bishop , and humble supplication for licence to choose another . The King by letters patents under his great seale , granteth them licence : 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 annuitie out of his Bishopricke during life , or some other gift . After this election , which is made after the Papisticall manner by Deane and Chapter , and a superficiall manner , or pro forma , as Sir Francis Bacon , now Lord Chaunlour , sayd , the Deane and Chapter do intimate their feigned processe of election to the King : againe , praying the King to yeeld his Royall assent to the Lord elected . The King directeth his letter patents for warant to the Archbishop , or some other whom hee shall appoynt , to confirme and consecrate my Lord elect . The consecration being finished , and the bishop having done homage , and sworne fealtie , the Kings writ is directed out of the Chancerie to the Escheator , to restore to him the temporalities of the Bishopricke . 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 authour of the Assertion for true Church policie . Here are many imaginarie formes , and mockage , rather then sound dealing . The libertie 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 generall name of ordination , peculiar to a minister , yet wee will let you see the Rites of their consecration , how all are taken out of the Popes Pontificall , as may be gathered by conferring the book of Orders with the said Pontificall . A table is prepared for the Masse-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 pastorall staves in their hands . They retaine the surplice , seldome the coape , but they never use their pastorall staves , sayth the Author of the petition to the Queen And yet they have a staffe to beat out a painfull minister out of the Church , if he take not on a surplice . But in the abridgement of the ministers of Lincolne , it is sayd , that in the former edition ( of the book of ordination ) which seemes by the 36. article to be that , wee are required to subscribe unto , and which ; it may be , some of the Bishops doe still use , there are other corruptions , as that the coape , albe , surplice , tuni●le , and pistorall staffe , 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 sayth , 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 sayth 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 shewed : here likewise the Archbishop is carefull 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 supremacie , another of canonicall obedience to the Archbish. There the Archbi . demandeth some questions , so also here . There is sayd , 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 pastorall staffe in his hand , sayth the authour of the petition to the Queenes Majestie , but they put the Bible in his hand , and observe not the former direction , or else follow a later booke 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 Letanie , which are here used for the most part , are borrowed from the same Pontificall , and the Letanie interrupted here also as there . There the consecrator sayth nothing more ordes●e , then is set down in the booke , 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 heare , to his friends : for why , now he is maried , and the mariage betwixt him and the Church , which was begun by the election , is consummate , they say , by consecration . Should not then the bridegroome deale 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 Episcopall order , or concerning iurisdiction . Concerning Episcopall order , as 1. to ordaine Deacons and Ministers according to the prescript of the booke of ordinations , 2. to dedicate Churches and buriall places , 3. to confirme 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 performe such acts as belong to the service of God , and the discharge of the pastorall function , it acknowledged by D. Field , as also by the sounder sort of the Romanists themselves , to be equall & 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 authoritie to intermedle in things pertaining to Gods service , be equall 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 joyne either casually or by Canon , with him , that it is not for consecration , but for consent and approbation onely , or that a whole Presbyterie cannot ordaine , that is , sanctifie , dedicate or set apart any person to the ministery , unlesse there be a Bishop present to utter the words of consecration , is not onely absurd , because it imports that God hath bestowed on them a facultie 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 lawfull Ministers . Their shift of the case of necessitie , is no shift at all . For if they have that power by divine right as they pretend , the other may in no case usurpe it . Further , seeing nature giveth not faculties in vaine , wee must not thinke that Christ gaue a power or facultie to be idle . The gifts and faculties he gaue , hee gave them , to be imployed , not onely in time of necessitie , but at all convenient times and occasions offered . Where do they finde in all scripture this exception of the case of necessitie . Where the law of God doth not distinguish ought man to distinguish ? The prayer out of the mouth of a divine bishop , a minister appoynted by the presbyterie to moderate the action , is it of lesse efficacie then the prayer out of the mouth either of an human or Satanicall Bishop . As for imposition of hands , it is a rite onely , which is common to all , and not essentiall . Seeing then to ordaine 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 mans 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 councell of Ancyra a canon was made , to forbid the presbyters of the Citie to ordaine presbyters and Deacons without the bishops permission , wherby 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 voyd : 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 honour of their Priesthood , then the necessitie of any law , at Hierome sayth . Beda sayth in plainer tearmes , that for pride aud arrogancie this as many other things were not permitted to Priests , but reserved to Bishops . That which the Iesuite Swarez sayth , concerning confirmation , Si prestyteri ex visuae ordinationis haberent sufficientem potestatem ordinis ad hoc sacramentum ministrandum , sine causa in universum prohiberentur illud conferre , may be applied to that which I affirmed of ordination , that God gave not faculties and powers to be idle . I have as yet onely supposed this their confirmation to be lawfull . But let us now see what it is . The bishop , or such as he shall appoynt , apposeth the children in some questions of a short catechisme ; for hee taketh not the paines to doe it alwayes by himselfe . 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 baptisme . The Curate of the parish needeth not to come , but may send the childrens names in writing . In the first prayer the bishop prayeth for the 7. gifts of the spirit , which the Papists say , they receiue in confirmation . Then the bishop wil not lift up his hands and blesse 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 childe severally . For there is some efficacie , say they , in that signe . For they say , that imposition of hands is one of the externall meanes , by the which the holy Ghost is given ? And howbeit that prayer have the chief force , yet imposition of hands hath some also . In baptisme we receive forgivenesse of sinnes but the principall grace we receiue in confirmation , is say they , strength and defence against all tentations to sinne , and the assaults of the world . The Papists and they make the like destinction betwixt baptisme 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 baptisme , they say is per●ected in confirmation , as the Papist sayth : as if , when we were baptized , we were but halfe Christians . In the prayer after the laying on of hands , it is 〈◊〉 , that the laying on of the bishops hands , is a signe , whereby the childe is certified of Gods favour , and gracious goodnesse toward them , a child of seven or eight yeares of age . If it bee a certifying signe , is it not a seale of grace ; as the other sacraments are . All that I have sayd ▪ 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 , oyle , 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 mortifie 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 onely civill to defend the people convened from winde 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 prophaned , unlesse it were hallowed , is meere superstition . Our Churches are not like the Temple of Ierusalem , which had a legall kinde of holines , and was a type and figure of Christ , but like the Iewish Synagogues . There is no more holinesse in our Churches which containe the congregation , then in the glebe land , which is dedicate and set a part to maintaine the minister , but that it should be kept cleane 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 middest of them . Out of this hallowing of churches , hath proceeded superstitious customes and canons of immunitie of churches . I heare they may not carry a vessell through one of their cathedrall Churches , or a bagge under their arms without reproofe , as if their great Domes were like the Temple of Ierusalem , Mark. 11. 16. The like may be sayd of Churchyards , or other burying places : for all burial places are of a like nature , whether they be neere the Church , or removed fare from it . Their jurisdiction is either delegate of ordinarie . Iurisdiction 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 counsell . 3. if he be sent Embassadour to any forraine Prince , 4. if he have any other civil office of countenance committed to him . Besides that some of them are Iustices of Peace and Quorum , some Councellours , some at sometimes Embassadours to forrain Princes , some of them have been Deputies under the Presidents of Wales , as Whitgift late Bishop of Canterburie : some of them sit in the Starre chamber with the Chauncellour and others of the Councel , together with other Lords and Barons upon notable riots , counterfeiting of letters , taking away of maids within age against their parents and Gardians will , &c. where the most usuall 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 compleat body and state , without the body and state of the Prelacie , nor lawes could not be made without their consent . But the vanity of this their pretence is taken away by the authour of the Assertion of Christian Church Policie , who doth prove that lawes have been made without their consent , yea and without their presence , even since , they have been admtited to sit in Parliament . Their priviledge to sit in the Starre-chamber , and to be Lords of the Parliament house ▪ some doe thinke 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 fundamentall law then of the kingdome , farre lesse doth it agree with the law of God , to give voyce , 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 Clergie in time of Parliament , with whom they have advised in matters of religion . Are the Prelates for their riding in pompe to Westminster , and sitting in their ●obes , more able to give advice , then the whole Clergie assembled in a lower house ? Or can they be more rice in their judgement sitting apart from them ? Or is it not enough to give advice unlesse 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 Iudges of the Realme , the Master of the Rolles , and the Secretarie of estate sit in the midst thereof ▪ upon wooll-sackes . But these that sit on the wooll-sacks have no voyce in the house , but onely sit there to answer of their knowledge in the law , when they be asked , if any doubt arise among the Lords , sayth Sir Tho. Smith in his common-wealth . This place , if any , better becommeth them , then to sit high , each in his ranke , 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 sayd , may be better done in the convocation house . In time of Poperie , the Spirituall Lords might not sit in Parliament , whensoever any statute was to be made touching felonie , or treason , or the losse of any member , or shedding of bloud . If they might haue been spared then at such times , may they not be as well spared in matters of possessions and unheritances . Our Prelats entred in parliament notwithstanding the cautions and conditions condiscended upon were never insert in the act of their admission , upon which condition onely ▪ the generall assembly after great opposition made to the Churches vote in Parliament , was induced for the most to consent . To bee Lords in Parliament and Councell to governe countries , to sit in the Starre-chamber , to bee Iustices of peace and Quorum , to goe in Embassage to forraine princes , and to exerce other civill functions in the common-wealth , as is here sayd , is to exerce offices incompatible with their spirituall calling , to beare rule and dominion among the nations , to intangle themselves with the affaires of this life , and to neglect that spirituall calling , to which they were sanctified and set apart from the rest of the citizens and subjects of the kingdome . It was said of old that the Psalter should never bee out of their hands . They take the charge of a great Diocie , more then they are able to compasse within the fadome of their armes , and yet turne it over to their Vicars , officialls , Chauncellours , Archdeacons Commissaries , and take upon them offices which they confesse are not Episcopall , but delegate onely by the Prince . O what a confusion hath the pride and ambition of Clergie-men brought into the Church of God! In jurisdiction by ordinarie law attributed unto them in their owne Diocie , is to be considered , either the sinewes of exercising it , or the jurisdiction it selfe . The sinewes of exercising their jurisdiction , are Ecclesiasticall censures , which may either be infl●cted upon laymen and Ecclesiasticall persons , or peculiarly upon Ecclesiasticall persons onely . 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 heretick . 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 reall , which is called degradation . Of all which censures , one , to wit excommunication , is inflicted for contumacie , either for not comp●iring in judgement , or not obeying the mandates of the Church . The rest are inflicted as well for contumacie , as for other actuall offences . By interdiction , sayth Mucket , a communaltie for some publick offence , is deprived of divine service , buriall , administration , and receiving of the sacraments . Interdiction of a certaine place , as of a citie or whole countrey , for some publicke and common offences committed by them , or the superiour 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 yeare , 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 , sayth Mucket , is suspension from intrance into the Chur●h , or onely from partaking of the sacrament , which Cyprian calleth Abstentio , and it is inflicted for contumaci● , and other offences , but chiefly for contumacie , in not compeiring in E●●lesiasticall Courts , or not obeying their ordonances . D. Field saith , that lesser excommunication excludeth onely from the sacraments , which when it is pronounced against them that stubbornly stand out , and will not yeeld themselves to the Churches direction or disposition , is properly named excommunication ; but when it is pronounced against then that yeeld when they have offended , and seeke 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 meane and powerfull instrument whereby offenders are recalled . The greater excommunication , sayth Mucket , is , whereby the offender is not onely debarred from receiving the sacrament , or entrie in the Ch. but also from the fellowship of the faithful . Doctor Field describeth it thus : The greater putteth the excommunicate from the Lords body and bloud , and depriveth them of that comfort and strength of grace , which from it they might receive , it denieth unto them the benefite of the Churches publick 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 tearmes being thus unfolded , we haue to consider in the use of this censure , these special poynts ; First , the lawes made under the pain of excommunication ipso facto . For in time of Poperie , there were two sorts of excommunication , one inflicted by the law or Canon , when a man committing the offence and fact inhibited by the law ; was made subject to excommunication , without the ministerie 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 selfe . The other excommunication is inflicted by a judge after citation and cononicall forewarning , wherin 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 , hee is already excommunicated . The Bishop of Spalato , howbeit their great friend otherwise , condemneth this kinde 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 , sayth hee , 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 , unknowne 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 bee bound . When the offence is committed , there is one to be bound ; but where is the binder ? And yet in their latest Canons , made in the first yeare of the Kings entry , they have made excōmunication ipso facto to be the sanction of many of their Canons : excōmunicating ipso facto all such as shall affirme the forme of their Church service to be corrupt and superstitious , the rites or ceremonies established by law to bee wicked , Antichristian , or superstitious the government of their Church by Archbishops , Bishops , Deanes , Archdeacons , &c. to be Antichristian , or repugnant to the word , or that the forme and maner of making , or consecrating their Bishops , Priests , and Deacons , is not lawfull , &c. So that at this day , the better sort both of the ministerie and professours amongst them , do stand excommunicate by this Popish guise . The next thing to be considered , is the sole authoritie of bishops excommunicating by themselves alone , or their Deputies , Officials , Chancellours , Archdeacons , the ministers and professors in whatsoever Church of their large Diocie . When Christ sayd , Tell the Church , Math. 18. was this the meaning , Tell my Lord Bishop , or his Chauncellour , the Archdeacon , or his officiall . Can this collective name Church by any shift be drawne to signifie one particular person , Canterburies grace himselfe , or the great Pope himselfe ? Is the Pope the universal Church , or the Bishop the diocesan Church , or his Chauncellour ? 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 yee not judge them that are Within , sayth the Apostle , 1. Corinth . 5. 12. In the second Epistle , chap. 2. v. 10. hee declareth that they ha● power to forgive and reconcile the same incestuous person . And writing to the Thessalonians , hee willeth them , to note the man who obeyed or harkned not to his Epistle ; and to have no companie 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● lesse an usurping Prelate , drawing all the power to himselfe . It is one of the weightiest judgements in the Church , and therefore not to bee permitted to the pleasure of one man. It is not onely the Bishop tha● hath this power alone , to excommunicate by himselfe , or his Deputie , but also the Deane , Prebendaries , and Canons in welnigh all the cathedrall and collegiat churches throughout the Realme , having certain Parochiall churches exempted from the Bishop within their exempt and peculiar jurisdidictions , by meere Pastorall authoritie ( for Episcopall authoritie by the lawes of the Church they haue none ) may exercise all manner of spirituall censures , and that as wel by their substitutes , as by themselves . Nay , i● hich is more , in Cheshire , Lancashire , Yorksire , Richmondshire , and other Northern parts , there bee many Whole Deanries exempted from the Bishops jurisdiction , wherein the Deanes and their substitutes , have not onely the prohate of wills , and granting of administrations , but also the cognisance of Ecclesiasticall crimes with power to use the Ecclesiasticall censures ; yea this authority of the execution of Ecclesiatsticall censares ; have those Deanes either long since by some Papall priviledges obtained , or else by long use prescribed ag●inst the Bishops . Whereby againe it is clearly convinced , that Episcopall excommunication used in the Church of England , is not of divine institution , but onely by humane tradition : for were it of divine right , then could the same no more be prescribed , or by papall immunitie be poss●ss●d , then could these Deanes prescribe power , or be infranchised to breach the word , or to administer the ●acraments . Yee see , Cathedrall Deanes , Canons and Prebendaries in cathedrall and collegiat churches , and some rurall Deanes , may use the Ecclesiasticall censures . But the Pasto●s of the Churches set over their flocks to govern & rule with power of the keyes , are deprived of the other half of their pastoral charge , and the pastorall staffe , as I have sayed , is taken from th●m . Thirdly , they excommunicate for trifles . The last petition which was made the first yeare 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 rable , must not want their unreasonable dues . They doe not excommunicate in the congregation where the offender dwelleth , but in their Courts in forme of a writ in Latine , proclaimed in the Bishops or Archbishops name , as Barrow reporteth , and so also is their absolution . The excommunication may perhaps he intimated a long tyme 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 sayth , that whereas the excommunicate were never received till they had publickly confessed their offence . Now for paying the fees of the Court they shall by M● Officiall or Chauncellour 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 intreate in the owne place . The curse Anathema , some doe not distinguish from the great excommunication , but onely in some solemnities , because it is uttered with some externall signes and ceremonies to strike a greater terrour . Others do distinguish it , and Mucket defineth it to be that censure , whereby a pernicious heretick as Gods publick enemie , reiected , cursed , execrate , is adjudged and given over unto eternall judgement and damnation . This is answerable to that anathema , which the Apostle calleth Maranatha , or the Talmudists schamatha . But such a censure cannot be inflicted , unlesse it be revealed to the church , that the offender hath sinned against the Holy ghost . Besides the censures common to lay men and ecclesiasticall persons already mētioned , there are these two reckoned by Mucket , corporall pennance , and deniall of buriall in sacred places . Corporall pennance is inflicted upon the outward man. For to the publick confession of the offence , there is some bodily pennance adjoyned and enioyned the offender . As for example to stand upon a Lords day bareheaded , and barefooted , cloathed with a white sheet , having a white wand in his hand at the porch of the Kirck , and when he entreth into the Kirck to prostrate himself , to kisse the ground , and then to come to the midst of the church & crave forgivenes . This manner is descrived by Mack . Lindwood in his Provincial reckoneth for corporall pennances , thrusting in a Monasterie , 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 corporall pennance , the offendour may obteine a redemption for some peeee of money , and this is called commutation of pennance , and so the sheete pennance is turned into a purse pennance . If the corporall pennance be ordeined to a spirituall end , as they say , to afflict the body or outward man , for humbling of the soule , 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 dayes of poperie ? Buriall they deny to such , as are strangled for felonie , usurers , and others excommunicated by their offi●ialls , and Chancellours . The censures and punishments peculiar to ecclesiasticall persons , are not all of one nature . For some arise upon their medling with causes civill , howbeit abusiuely called ecclesiasticall ; as the sequestration of the fruits of a benefice , and giving them for a time to the custodie of another , for to defend some mans right , or to chastice the cotumacie of the owner , which sequestration if any man violate , he is to incurre the greater excommunication by the old constitutions of the English Church , sayth Muck●t . But seeing the originall of it is but temporall , it belongeth nothing to Ecclesiasticall Consistories . Deprivation is the removing of a beneficed man from his benefice . A benefice is a mans freehold , and therfore seing his livelihood consisteth it he ought not to be removed from it at the pleasure or judgement of one man. There is no difference betwixt deposition and degradation , but that deposition is verball , 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 civill Magistrate , to whom he is relinquished to bee punished for heresie , or some other great capitall crime . Vntill 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 owne , that the Bishop may doe 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. Councell of Carthage . That by the late Canons , in pronouncing the sentence after the proces ended before the Chauncelour , Commissarie , Officiall , the Bishop should have the assistance of his Chauncelour , the Deane and some Prebendaries , or the Archdeacon , is no point of reformation , as they pretend , for these are onely their servants , and followers , which are to them as the shadow to the body It is sayd in the Canon law , that the consistorie of the Bishop and the Chauncelour , or principall official is all one , & therefore a man may not appeale from the Officiall principall 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 sinewes of their ordinarie jurisaiction , by as they are 〈◊〉 commissioners , or haue civill callings committed to them by the Prince , they have their pr●sons , as Clinke , Gatchouses , Colehouses , towres , and Castles , both for laymen , and eccl●siasticall persons . The jurisdiction it self , is eyther 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 partie standeth , or else dealt with therby against his will. For it is to be thought , that the party defendant , will not willingly compeir , and unlesse he be compelled , and therefore is presumed to come against his will. Voluntary jurisdiction is established , eyther by statute , or by the Municipall lawe , or by the Municipal law , & confirmed by the ecc●●siasticall , or by the ecclesiasticall , & confirmed by the Municipall . 1. By the statute as 1. to grant licence for a time to eate flesh upon forbidden dayes , 2. that any being approved , ●ay exercise Ph●sicke , or Chirurgetie , or instruct children in that Diocie . 3. to unite and consolida●e lesser Kirkes according to a statute made thereanent . 4. to assist civill Iudges in executing certaine statutes , which concerne Ecclesiasticall causes , 5. to collect tenthes and subsidies duc by Ecclesi●sticall persons , and that either by taking a stresse , 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. likwise is not to be ordered at his will , and may very wel 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 maner of exacting to be allowed . By the Municipall law , as 1. to certifie at the kings rescript , the civill Iudges of Bastardie and unlawfull Births , of lawfull and unlawful marriages . 2. to require the kings rescript for burning a pertinacious heretick already condemned . 3. to require the kings rescript for cōmitting to prison the person which persisteth with an obstinate mind excommunicate 40. dayes . The 1. may be done other by them , or without them . The 2. for the kind of punishment and forme 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 offence , where there is none indeed . if hee stand wilfully 40. dayes together excommunicate , and accordingly certified by the Bishop into the Chauncerie , that then he is to be committed to prison , by vertue of a writ directed to the Sheriffe , sayth the authour of the Apologie of certain proceedings in Courts Ecclesiasticall . Neither is intimation at the common law required , but these certificats mention onely in generalitie the parties coutumacie and disobedience . The effect of the writ de excommunicato capiendo , is two-fold , 1. upon the certificate of the Bishop the party excommunicated is to be debarred action in all the Queenes Courts . 2. the partie is to be imprisoned , and is not to be delivered , unlesse he submit himselfe to the Bishop , except he hath appealed to a superiour Ecclesiasticall judge . By the municipall law , and confirmed by the Ecclesiasticall , 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 neerest kinsman . 3. when no man will enter here , to command to collect and keepe in custodie Bona caduca . 4. to cause account to be rendred of the savd 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 lawes , as when failing him to whom they belonged by law , the goods fal to another , as the akorn which falleth to the ground , when there is none to take it up , is called Caduc● glans . By law Ecclesiasticall , and co●firmed by the Municipall , as 1. to conferre 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 bee gathered and kep● in su●e custodie by some indifferent man , to the use of the next successor . 4. to assigne a competent portion to a vicar● 5. To grant dimissorie or testimoniall letters . 6. to visit every third yeare 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 authour of the Assertion of the true Christian Church policie , 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 voyd , 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 hee can obteine to be put in reall possession , must pay 10. shillings , or a marke , 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 custodie , and possession , thereof during vacancie . 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 fift , it is agreeable to good ordour , that no Clergie man passing from one Diocesse 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 needfull , and it were better for the Church , if it were annuall : But that the Bishop , or any other should be sole Visitor , is hurtfull . A number is more able to make a sharpe enquirie , for moe eyes see better then one , and would not be so foone drawen away with corrupt partialitie . The chiefe part then of voluntarie jurisdiction , is every three yeare to visit the Diocie , and to enquire 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 publick function , in committing , or omitting what hee ought not : or in respect of his private life ; for many things are tollerate 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 Parishoners , ●ither as having some peculiar function , or any other Christians . As having peculiar function , Phisitians , Chyrurgians , Schoolemasters , 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 appoynted visitor or no other . Of the other Christians offending against pie●ie , righteousnesse , sobrietie . Against pietie , as by blasphemy against God , or the holy scripture , idolatry , superstition , s●rcerie , if it be such , as by civill lawes of the kingdom is either not at all corrected , or by order and dir●ction of the lawes , is made also subject to Ecclesiasticall censures , Breach of oath ( called Laesio fidei ) made before an Ecclesiasticall Iudge , or voluntarily to any private man , Heresie , error against the Articles of Religion set forth in a Nationall Syno● holden the yeare 1562. and confirmed by royall authoritie , sch●●me , unlaw●ul conventicles , absence from divine service in their own parish upon the Lords daye● , or other festivall dayes , where there is not a lawfull impediment , unlawfull abstinence from par●aking of the Lords Supper , which is to be celebrated thrice every year . Against justice , calumnie contumely , r●proach anent any cause Ecclesiasticall , Simoniacall suing for sacred orders or degrees , or of a benefice . Vsurie above the rate often in the hundred by yeare . Temerarious administration of the goods of the deceased , subornation of perjurie ▪ falshood or forgerie committed in any Ecclesiasticall action , violence to a minister , de●eining of that which was left in legacie to the use of the poore , or of goods due to the publick uses of the Church , d●●apidation of Ecclesiasticall goods , and buildings . Against sobriety , as incontiniencie whatsoever , committed with one of his kindred or bloud , or of alliance , either of them within the 4. degree , exclusive , according to the computation of the civill law , which is called incest , or adulterie , or committed with a widow , which is called stuprium , or where both bee single , tearmed fornication , fi●thy speech , sollicitation of anothers chastitie , drunkennesse , clandestine mariages , either in respect of consent of parents or tutors not obteined , or of the private place , or witnesses moe ▪ then two not being present , or the bannes not proclaimed three several times , upon the Lords dayes , or holy dayes in lawfull distance . In this table we have an enumeration of offences belonging to Ecclesiasticall cognisance , but it is unsufficient . For there are many moe , then are here expressed : as Theft , Sacriledge , Murther , Prophanation of the Sabboth . Sodomie , disturbance of divine service , Polygamie , Diffamation , &c. as by opening of the 10. commandements 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 temporall , others spirituall , hath made the crimes reputed Ecclesiasticall to bee neglected by the Magistrates , and many crimes not reputed Ecclesiasticall , on the other side to be neglected by the Church . As Adulterie , howbeit by Gods law it be capitall , & so ought to be also by the law of man , is not made capitall by their lawes , but referred to the Ecclesiasticall Courts , as proper to them ; many sins of witchcraft , and sorcerie likewise : And on the other side a Theefe should not passe uncensured by the Church , howbeit he be overseen by the Magistrate . For the church ought to deale with every scandalous sinner , to bring the sinner to repentance , notwithstanding the Magistrate pardō , or neglect to punish . Next they have the offences there reckoned up onely for the fashion , & of others not their mentioned , they take a severe● account . As for example , Mucket doth adde these following : Delay of Baptisme at the point of death , contempt of Episcopall confirmation , not bowing the knee at the Letanie , and at the name of Iesus , reproaches against the Liturgie , the government of the Church , &c. Profanation of the Chalice and the plate : Profanation of the Church-yards with Markets or Faires , with weapon shewing , with dancing , &c. In the Admonition to the Parliament it is said , Now great sins , either not at all punished , as blasphemie , usurie , drunkennesse , &c. or else slieghtly passed over , as with pricking in a blanket , or pinning in a sheet , as Adulterie , Whoredome , &c. Again such as are no sins , as if a man conforme not himselfe to Popish orders , and ceremonies ; if he come not at the whistle of him who hath no authoritie to call , wee meane Chanscellours , Officials , and all that rable , are grievously punished , not onely by Excommunication , Suspension , Deprivation , and other , as they terme it , spirituall coertion , but also by banishing , impris●ning , reviling , taunting , &c. So howbeit the offences ; which are abovementioned in the Table ; belong to Ecclesiasticall enquirie in respect of the slander , they are taken from the lawfull iudicatorie of the Church , and transferred to the Bishop to enquire , as he thinketh good . And therefore it is but pro froma , that they are here set downe . Simonie is one of the number , and yet what Simonie is committed , and how that may be dispensed with , wee have already manifested . Where is horrible blasphemie so rife ? It were longsome to goe through all the particulars . But this I cannot passe vvith silence , anent the prophanation of the Lords day , howbeit it bee not heere expressed . The Bill for the better observation of the Sabboth , 27 Elizabeth , being ●assed by both houses of Parliament , was notwithstanding gainesaid , and withstood by none so much as by certaine Euangelicall Bishops , and whi●h , as there men generally conceived , was onely stayed from being made a Law by the Queene , upon their counsell and perswaasion . When the Bshop doth visite , he doth not visite every parish by it selfe as our Presbyteries wont to doe , but all the Parishes in the bounds of foure or five rurall D●anries at once . When his lordship comm●th to some principall Kirk of one of the Deanries , then the Ministers , Church-wardens , and Sidemen within the bounds of those Deanries are to repaire 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 enjoyned at an appointed day to make known to the Bishop , or his Vicar , such offences as in a book of Articles given them are expressed . For he hath his Chancellour or Vicar and Arch-deacon , to assist him . At the appointed time the Church-wardens come , and giue 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 chancellour , or vicar , there is no more of the matter ; but if not , then is the delinquent enjoyned to take an oath : suppose there be no evidence of the crime ▪ but onely a slanderous report and bruit , and if he free not himselfe by an oath , he shall be holden as guiltie : yea further , he must have sixe or eight besides to sweare at a set day , their oath of credulity , that they perswade themselues he hath sworn the truth , and thus hee is purged by canonicall purgation . Thus are they very careful , when the matter is not rounded over . For , as Lindwood , Canterburies principall Officiall , who wrote about 200. yeares since , saith , Vigilare non curant proelati quamplures ut obseruentur statuta nullam utilitatem bursalem inducenti● : Many Prelates are not vigilant and carefull to have statutes observed which bring no purse profite 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 judgement it selfe . The persons , either the ordinarie judge , or else his surrogate , or the parties , the pursu●r and def●ndant : and they doe 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 publike , or private interest : of publike , as I contribution for reparations of the Church fabrick , and Church-yard dike , and for acquiring any other thing which is l●cking in the Kirk : or 2 punishment some Ecclesiasticall offence , or contumely . It is true , every Church ought to be carefull to hold up the fabrik of the Church , and to furnish it with all necessarie utensils : but if the Parishioners who ought to bee contributories , be slack , they ought to bee pursued for the money in the Kings Courts , not in Church consistories . If a man holding land which usually payd a pound of waxe to the Church , do withhold it , the Churchwarden may very welpursue before a civill judge . Suchlike if the Church be uncovered , or the churchyard unclosed . Church officers may not impose taxations . Of privat interest in causes of 1. matrimony , 2. succ●ssion to the goods of the deceased , 3. Ecclesiasticall rights . Of matrimonie . either by action , or for supporting ▪ or dissolving of it . By action , either to conciliate & knit , as when we sue at law , that matrimonie may be celebrate and consummate according to the contract , or that after the celebration , the mutuall marriage duties may be performed , which is called Actio directa , or when we intend actiō of lactication of ma●●mony against another , who falsely pretendeth a matrimonial contract to our prejudice , which is called Actio contraria . For supporting or upholding of matrimonie , as when aft●r the marriage , we sue for the money promised in dowrie with the Bride . For dissolving of matrimonie , either for a precontract matrimoniall of either of the parties , with some other , or perpetuall and incurable frigiditie , or consanguinitie or affinitie by lawfull or unlawfull copulation , or adulterie , or for rigorous dealing , in which case separation from the bedd , and bo●rd , but not from the bond is granted . Such matrimoniall causes as are meere civill , belong not to Ecclesiasticall courts , as debts and dowries promised in marriage are not properly demandable in Ecclesiasticall courts . Matrimonie as it is a civill contract , may be ordered by civill lawes , seeing upon it dependeth the right of inheritances providing that nothing bee done repugnant to these conditions , which God in his word hath superadded to that contract , as to determine within degrees prohibited , or polygamie to bee lawfull . So farre as it is divine , in that God conjoyneth and interveneth as third person , and setts downe conditions both of conjunction and dissolution , in the word , the Church is to see , that that order and these caveats bee 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 offences . But of other lawes civil and municipal , they are not executors . These lawes which are divine , are of a mixt nature . These which are civill , belong onely to the civill Magistrate . The Churches part is transferred to the cognisance of officials , to whom it doth not belong . And therfore Beza concerning this abuse writeth thus . Sed quorsum hoc ad officiales , promotores , procuratores , totam denique 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 , sayth 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 shamefull staines , not onely of the Christian Church , but also of the whole world . Further , beside the Churches part , which is to take heed to offences and breach of Gods law , they have taken the Canon law for the rule of their proceedings , both in spousalls , mariages , and divorces . And thirdly , have taken in debts and dowries , goods and chattels , which are accessorie to marriage , to judge upon , and this must be called Ecclesiasticall cognisance . Lastly , these causes are of such weight , that they are not to be committed to the skill or conscience of one base officiall . It is observed by the author of the Assertion for Christian policie , that mens inheritances many times hang in suspence 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 doe complaine , and bewa●le the stealing away , and mariages of their daughters , neeces , neere kinswomen , or wards . Couples have been married , and lived together 4 6 , or moe yeares 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 vertue of the Canon law the husband was adiudged no husband , & the wife no wife . Another example he relateth of one solemnly maried 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 consistorie about ten or twelve yeares after the divorce to resummon , recall , and rechallenge his first wife , she having a testimoniall out of the same consistorie , of her lawfull divorce , and being againe solemnly maried to another husband . Licences of mariage have been granted out of their Ecclesiasticall Court with a blanke . So the partie licenced was enabled , if it had been their pleasure , to marry another mans wife , or his wives sister . Many moe grosse absurdities are there alledged by th● learned authour , which the Reader will s●arce beleeve . But I omit them , and many other things which might be sayd 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 universall , 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 burthen of executorie . In either of the cases the action is either to obtaine 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 himselfe into the administration , and intrometteth with the goods of the deceased , not being inabled with any warrant . Causes testamentarie , and their appendicles , are meere civill and temporall , and therefore do not belong to spirituall Courts . It is by the grant of Kings , not by Ecclesiasticall right , that Church consistories have medled with such causes . Because Bishops were supposed to bee men of good conscience , and that they would be carefull to see the later will of the deceased performed , then others , therefore they were reserved to Episcopal audience , and cognisance of Ecclesiasticall Courts . But this respect was not founded upon Gods word . For we must not looke so much to conscience , as to a lawfull calling : or else all civill causes pleaded before a Iudge 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 bee seene , in that they transferred that which was committed to their trust , to a base Officiall , who hath as bad a conscience as the Bishop himselfe , and badder , if badder may be . And as for skill in deciding such causes , no man will deny , but the civill judges are more able to cognosce and determine in them , then Church-men . By the common law , sayth Lindwood , these causes were not committed unto the Church , but by the free grant of Princes : And therefore in the lawes alledged 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 , bee determined in remporall Courts ? Cannot the Iudges in temporal courts discerne upon proofes , and other presumptions , whether the testator was of perfect memorie , or distracted , as they doe in questions of lunacie , madnesse , or idiocie , in men living ? Can they not define of two wills , which is the first , which is the later will , whether the legacie remaine , or bee recalled ; whether it bee pure or conditionall . If a creditor may recouer his debt due by the testator in the tēporall Court , what should hinder a legatarie to recover his legacie in the same Court ? This poynt is made cleare , and amplified in the Assertion of true and Christian Church policie . 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 Consistorie , and it is a very great abuse that such Consistories should be called Church consistories , and that spirituall censures should bee put in execution by them . Ecclesiasticall dues and rights , are 1. tithes , which are either Praediall , Personall or Mixt. Praediall tithes are such , as come of the fruits and crop of the ground , as of corne , or fruits of trees . Personall are such , as are payed by reason of the person himselfe , out of the gain that he maketh of this trading , handicraft , hunting , warfaring , &c. The Mixt is added by s●me as a third kinde , but others reduce them according to their diversitie to one of the first two , and such are the birth of bestiall , wooll , milke , whether they be fed at home , or be at pasture in the field . Tithes of whatsoever kinde , are but temporall goods , not spirituall , howbeit they be annexed to spirituall things , and be appoyn●ed to uphold and maintaine divine service , and spirituall functions . Tithes were of old recovered in the Kings Court , not in Ecclesiasticall , as is averred in a treatise alledged by the author of the Apologie of proceedings in Courts Ecclesiasticall . We think that the Kings Courts be put out of iu●●sdiction for tythes , by a custome of the Realme , and not by the immediat power of the law of God. And againe . That suits for tithes shall be taken in the spirituall court , is onely grounded upon a favour that the Kings of this realme , and the whole realme have in times past borne to the Clergie . That the kings Courts of his Bench , and common pleas , and also other inferior courts were put out of jurisdiction for tythes , & suits for tithes were granted to spirituall Courts , was a favour , it is true , granted to the Clergie , inabling them with power within themselves to recover tithes destinate to their maintenance , but wee must not look so much to the commoditie wee may reape by the grants of Princes , as whether Church consistories should medle with such controversies concerning things temporall . 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 fift so many sallow Trees : such , and such suits , were verie pertinent for a Presbyterie to sit upon ; for the Presbyterie is the true and right Consistorie . Now change this Consistorie as ye please , and make the Bishop alone to be the Church consistorie , it is all one For the causes themselves being temporall , the qualitie of the person doth not alter the nature of the cause . In the Assertion for true and Christian policie , 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 selfe and every of them , and the successors of every of them , shall have their remedie by authorit● of that Act , to sue , demand , aske , and recover in the Kings Court of Chancerie , the tithes of corne , hay , wooll ▪ lambe , and Calfe , subtracted , or devyed to be payed by any person , or persons . Are the tythes of other Parishes more spirituall then these of Royston ? But admitting such pleas to be pertinent for a spirituall Court , they should not be turned over to a Civilian , the Bishops Officiall . And what favour is granted to Church men by Princes , when a Doctor of the Law shall determine in these pleas ! 2. Oblations due of custome either every quarter of the yeare , or in baptismes , or at blessing of mariages or at Churching of women , or at burials : 3 Mortuaries ▪ 4 Indemnities , 5 Procu●a●ions . 6 expences laid forth for the repairing of Ecclesiastical buildings decayed by the negligence of the Predecessour , 7. Synodalls , 8. wages and feel due for causes judiciall , as to the Iudge , the Advocate , the Proctor , the Clarke . Or for causes out of judgement , as to the Curate or Sexten . A procuration is the furnishing of necessarie 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 Ecclesiasticall , 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 burthen , 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 travell without a new pension , and their expenses borne . For no man is bound , say they , to goe on warfare on his owne 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 onely to have 4. persons on horseba●ke , and one Sumner . What think ye then shal 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 dayes . 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 onely Lord and Iudge , the rest are to bee 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 hee have three , or above , the best being excepted and reserved to the iust 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 personall tithes , or offerings withholden , while he lived , yea howbeit ignorantly and unwittingly , sayth Lindwood , and to what end , pro salute animae suae , sayth Simon Langham Bishop of Canterburie in his Provinciall constitution . For the safetie of the soule consisteth in remission of the sinn , sayth Lindwood in his glosse upon that constitution , which is not remitted , sayth hee , unlesse that which is withholden be restored . These are the Mortuaries , as yee see , which are demandable in their spirituall courts . Oblations should be free from compulsion , and superstition , not offered immediatly to God upon the Altar , as sometimes they doe , nor exacted under the colour of maintenance of the ministerie , whereto the tithes are already bestowed to that use . The rich parson , yea the Bishop himselfe claimeth a right to these oblations , as well as the poorest Priest. To compell 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 Iudge , the Register , the Advocates , the Proctors , are unreasonable . Large fees are payd for the Iudges sentence , for the Register and the proctors pains , above the rate set down by their Canons , as the defender of the last petition doth affirme . 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 testimoniall , for commutation of pennance , for licence to marry without bannes , &c. The judgement it selfe , 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 kinde of pleading for things civill and temporall , becommeth not the Church of God. Nos scimus , sayth the Bishop of Spalato , 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 remembred the longsomnesse of Ecclesiasticall suits , depending in their Courts . Now the Iudge , Register , Advoca●t , Proctor , are all agreed to prolong suits for their advantage , and so as the Prophet sayth , they wrap it up , Mich. 7. 3. sayth the Defender of the last petition . Where he doth also insinuate that suits have been prolonged aboue two yeares in their consistories . Wee have seene what civill causes , and after what manner they are handled . Criminall causes are brought in judgement , either by accusation , when there is one to accuse , or by denunciation , as when the Churchwardens make their presentments into ther courts , twice in the year , and at the visitations , or by inquisition , when the judge of office doth inquire into offences . What are the offences and crimes punishable in Ecclesiasticall 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 generall . NOW followeth the jurisdiction exercised by the Bishops Deputies , and Archdeacons , whereunto I will premit the rest of Sir Francis Bacon now Lord Chauncellour his censure . For the second poynt , which is the deputation of their authoritie , I see no perfect and sure ground for that neither , being somwhat different from the examples and rules of government . The Bishop exerciseth his jurisdiction by his Chauncellor and Commissary , Officialls , &c. We see in all lawes of the world , officer of skill and confidence cannot be put over or exercised by Deputie , except it bee specially contained in the Originall granted , and in that case it is dutifull . There was never any Judge , in any court , made a Deputie . The Bishop is a Iudge , and of a high nature ; Whence commeth it that he should depute , considering that all trust and confidence , ( as was sayd ) as personall , and inherent , and cannot , and ought not to bee transposed ? Surely in this againe , Ab initio non fuit ita . But it is probable , that Bishops ▪ when they gaue themselves too much to the glory of the world , and became Grandoes in kingdoms , and great Counsellors to Princes , then did they delegate their proper iurisdictions , as things of too inferiour nature for their greatnesse , and then after the similitude of kings , and Count Palatines , they would have their Chauncellors and Iudges . But that example of Kings and Potentates giveth no good defence . For the reasons why kings administer by their Judges ( altho●gh themselves are the supreame Iudges ) are two . The one , because the offices of Kings are for the most part inheritance , and it is a rule in all lawes , 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 Iudicature in person , and therefore such offices by all lawes , might ever bee administred by delegation , The second reason is , because of the amplitude of their iurisdiction , 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 governour over no great people , and those collected together in a campe , and not scattered in Provinces , and Cities , himself● l●kewise of an extraordinarie spirit , was neverthelesse not able to suffice , and hold out in person , to iudge the people , but did by the advice of Ie●hro his father in law , approved from God , substitute Elders and Iudges , how much more other Kings and P●inces . There is a 3 reason likwise not much from the present purpose , and that is , that Kings either in respect of the common-wealth , or of the greatnesse of their own patrimonies , are usually parties in suits , and then their Iudges stand indifferent betweene them and the subiect . 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 hereditarie . 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 bee divided between their labours , as well in the word and doctrine , as government , and iurisdiction . But I doe not see , supposing the Courts to be used uncorruptly , and without any indirect course held to multiply causes for gaine of fees , but that the Bishop might very well for causes of moment supply his iudiciall function in his owne person . For wee see before our eyes , that one Chauncellour of England dispatcheth the suits in equitie of the whole kingdome , which is not by reason of the excellencie of that rare honourable person , who now holdeth that place , but it was ever so , though more or lesse burthenous to the suiter , as the Chauncellour was more or lesse able to give dispatch , and if heed bee taken to that , which was sayd before , that the Bishops labour in the word must take up a principall part of his time , so I may say againe , 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 Realme have most relied for matters of Counsell . And therfore there is no doubt , but the Bishop whose circuit is lesse ample , and the causes in nature not so multiplying , where the helpe of references , Certificates , to and from fit persons , for the better ripening of causes in their neere proceedings , and such ordinary helps incident to jurisdiction , may very well suffice his office . Yet there is another helpe : 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 , incontinencie , heresie , breach of Sabboth , and other like causes of scandall . 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 temporall , though by favour and connivencie of the temporall jurisdiction , they have beene allowed and permitted to the Court Ecclesiasticall . The one , to the end the Clergie might sue for that , that was their sustentation , before their own Iudges , and the other , is a kinde of pietie and religion which was thought incident to the performance of dead mens wills . And surely for these two , the Bishop in mine opinion may with lesse danger , discharge himselfe upon his ordinarie Judges . And I thinke likewise , it will fall out that those suits are in the greatest number . But for the rest which require a spirituall science , and discretion in respect of their nature , or of the scandall , it were reason in mine opinion , that there were no audience given , but by the Bishop himselfe , he being assisted , as was touched before . But it were necessarie also , he were attended by his Chauncellour , or some other his officers , being learned in the civill lawes , for his better instructions in poynts of formalitie , or the courses of the Court , which if it were done , then were there lesse use of the officiall Court , whereof there is now so much complaint . And causes of the nature aforesayd being drawn to the audience of the Bishop , would represse frivolous suits , and have a grave and incorrupt proceeding to such causes , as shall bee fit for the Court. There is a third forme also , not of jurisdiction , but of forme of proceeding , which may deserve reformation , the rather because it is contrary to the lawes and customes of this land , and state , which though they doe 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 sworne unto blankes , and not unto accusations , and charges declared . By the lawes of England , no man is bound to accuse himselfe . In the highest causes of treason , torture is used for discoverie , and not for evidence . In capitall matters , no delinquents answer upon oath is required , no not permitted . In criminall matters not capitall , handled in the Starre-chamber , and in causes of conscience , handled in the Chauncerie , for the most part , grounded upon trust and secresie , the oath of the partie is required . But how ? where there is an accusation , and an accuser , which we call bills of complaint ( from which the complaint cannot varie , and out of compasse of the which the defendant may not be examined ) exhibited into the court , and by processe 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 sence of the common law , as it may well receiue some limitation . This wise Polititian maketh this overture , supposing that the Bishops ample and spatious circuite will not be contracted , and that these causes , which in their owne nature are temporall , wlll not be drawne from the ecclesiasticall Courts . For such a reformation is not , nor may not be 〈◊〉 at in these dayes , at least Polititians 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 medling with civill causes , their large Diocie , and excluding the Presbyterie from the cōmon governement here not m●lled with , I need not to repeat . Alwayes the reader may take up very solide reasons against the deputation of their authoritie . The ordinary Iudges , who under the Prince execute judiciall administration in name of others , are the Bishops deputies , to wit , the Vicar generall , for the universitie of causes belonging to voluntarie jurisdiction , 2. The officiall principall , for the universitie of causes belonging to contentious jurisdiction . 3. The Comm●ssary , for certain● causes , within a certaine part of the Diocie . The persons having judiciall admininistration not brought in by any law , have it eyther by Royall 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 enquire in the repairing and covering of Kirks , & their implements , in ecclesiasticall enormities to be punished , to refer to the ordinary matters or greater moment to induct into benefices . 2. jurisdiction , as they haue it by prescription . It is ●xerced e●ther by themselves , or by their Officials . 〈◊〉 Byshop hath a two fold 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 eyther voluntary , or contentious . The voluntary he cōmitteth , when he is absent , to his Vicar generall , the contentious he commiteth to his Chauncelour , and Com●●ssarie . The Vicar generall then in absence of the Bishop may visite the Diocie , or any part thereof , give certificates into the Kings Courts of bastardie and of excommunicates , commit administrations , give licence to eate flesh upon forbidden dayes , & doe all that may be done by the Bishops voluntarie jurisdiction , whereof we haue entreated already . D. Field sayth , that Bishops had Vicars generall , that might doe all things almost that perteyne to the Bishops iurisdiction . And Lindwood sayth , that they might not onely enquire into , but also punish and correct offences . The other deputies of the Bishop may be also called his Vicars , yet are they designed 〈◊〉 distinct name , because they haue a distinct office , to wit , the Chancelour , and the Commissarie . The Chauncelour is the Bishops principall officiall , deputed for his principall Consistorie . The Commissarie is the Bishops officiall . also , but in some remote part onely , or some places , exempted from the Archdeacon , and he is called in the Canon law , Officialis foraneus , id est extraneus , sayth Canisius . This distinction betwixt the Chauncellour and Commissarie , is made cleare 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 spirituall iurisdiction . And in this sence one in every Diocie is Officialis principalis , whom the statutes and lawes of this kingdome call Chancellour , 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 poynts 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 iurisdiction , as appeareth by the statute above mentioned , and many others places . Againe , Commissarius is a title of Ecclesiasticall jurisdiction , at least so farre as his commission permitteth him in places of the Diocie , so farre distant from the chiefe citie , as the Chauncellour cannot call the subiects to the Bishops principall Consistorie , without their too great molestation . This Commissarie is of the Canonists termed Commissarius , or Officialis foraneus , Lindw . de accusat . c. 1. in glossa , and is ordained to this speciall end , that hee 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 iurisdiction of the Archdeacon . For where either by prescription , or composition . there bee Archdeacons that have iurisdiction within their Archdeaconries , as in most places they have , there this commissarie is but superfluous , and most commonly doth rather vexe and disturbe the countrey for his lucre , then of conscience seeke to redresse 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 Commissarie , not onely wrong the Archdeacon , but the poorer sort of subiects much more , as common practise daily teacheth , to their great woe . The Bishops Chauncellour and Commissarie , and the Archdeacons official , are all three termed officialls in the canon law , the Chauncellour the principall officiall , the Commissarie , Officialis foraneus , the third , the Archdeacons officiall , or by the generall name of officiall . In the lawes and statutes of England , the first is called Chancellour , the second Commissarie , the third by the generall name of Officiall . The name of Chauncellour in this sense , is not so ancient as that of Officiall , sayth D. Field , and that in a generall signification it is used for any one that is employed for the giving of answer to sutors , for keeping of records , and notes of remembrance , and generally for the performance of some principall duties pertaining to him , whose Chauncellour he is sayd to be . The principall officiall , that is , the Chauncellour , howbeit he be but onely a Deputie , yet by fiction of the law , when hee cognosceth any cause , hee is interpreted to bee but one person with the Bishop , and to make but one consistorie with him . So that howbeit the Bishop be not present there , yet it is his consistorie . Such fictions of law have been made by , cosening and deceitfull Prelates , to deceive the world . And therefore say the Canonists , there lieth no appellation from the principall Officiall to the Bishop , but to the Archbishop : yet from the Commissarie , who is Officialis foraneus , there lieth appellation . Regularly appellation also may be made from the Archdeacon , and other inferiour Prelates , to the Bishop , sayth Canisius , unlesse the custome of the countrey hath brought in another order . The Archdeacon hath a certaine circuit of the Diocie , wherein he exerciseth his office and iurisdiction . For everie 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 haue but one Archdeacon , as Canterburie , Rochester , Glocester , Bristow , Worcester , &c. The Archdeacon by vertue of his degree and order , hath no jurisdiction , but onely by prescription of time , that is a papall custome , which is yet retained in the English Church . In Hieroms time at Rome the Deacons began to exalt themselves above Ministers , against which usurpation & evil custome of the Church of Rome , he inveigheth with great vehemencie , as a thing unsufferable , that the ministers of tables , and to widowes , should be lifted up with pride aboue the minister of the word and sacraments , and opponeth to the custome of the church of Rome , the custome of all the churches in the world . And yet the old corruption of that one church , ( wherin ther 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 , sayth Mr. Cartwright , take the best Ministers of the church , as their equalls . They are called Archdeacons , not of one particular Church , but of a whole shire , whereas Deacons were appoynted in several churches . It is true , that many of their Archdeacons are also ministers , but yet they exercise their iurisdiction 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 needfull reparations of the church , and what other things were out of order , hee sent his chiefe Deacons to visit for him . At the first they were sent onely to visit and make report , but not to sententiate in any mans cause , sayth D. Field , or to meddle with the correcting and reforming of any thing : but afterwards in processe of time they were authorized to heare and determine the smaller matters , and to reforme the lighter and lesser offences . 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 authoritie . So the Archdeacons in the end became greater then the Deanes , let bee common Ministers . The lazie Bishop sent his Deacon to enquire into the life and conversation of the Clergie 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 paterne shewed upon the mount . Againe , to make a Preacher of the word a Deacon , is to conioyne these two offices , which the Apostles did separate . Archdeacons then almost through all England by papall prescription have jurisdiction within their bounds , and power to visite , to inquire into offences , to receive presentments , & to punish with ecclesiasticall censures , to substitute officialls to supply their roomes in their Consistories , whereby it hath happened , that the subjects haue been molested for one and the selfe same fault by the Bishops Chauncelours , and the Archdeacon or his officiall . In a Canon lately made anno 1603 they haue 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 doe sometime also beare these offices , but utterly ignorant in these faculties . For these Courts being confused Courts wherin matrimoniall , testamentarie and other causes of temporal matters are handled not belonging to ecclesiasticall cognisance , 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 deale with an offender , and to bring him to repentance . Againe what a grosse absurditie 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 generall commission to another , which he may not lawfully doe , no not to a minister , far lesse to a Doctor of the Civill lawe , whom he appointeth to be his Chauncelour , or the Archdeacon to him , whom hee appoynteth to bee his Officiall . They have found out a new trick , which will not serve their turn . The Civilian , the Chauncellour , or officiall , 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 Chauncellour , who is for the most part of the meanest and simplest of the clergie , 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 downe in writ to him in Latine , which he must rehearse . A memorable example we have in the Assertion for true and Christian church policie , together with the Article made anent this matter . Vniusquis● Vicarius generalis , officialis ceu commissarius , qui ordines Ecelesiasticos non susceperit . &c. Every Vicar general , officiall , or Commissarie , which hath not taken upon him Ecclesiasticall 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 contumacie . The example and practise of this precept followeth . Dr. Hone the Archdeacon of Surrey his officiall , being to excommunicate certaine 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 , Iohannes 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. Iohn Hone Doctor of the lawes , official of the venerable man the 〈◊〉 of Surrey , to all and singular persons &c. greeting : Whereas wee 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 , haue 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 seale of our officiality , the 19 of December 1587. The poore curate , sayth this authour , jerked these , whose pointes soever the other untied . Now in this case it cannot be sayd , that it was onely the poore Curate , who 〈◊〉 excommunicate . For he is but the hangman , the other is the Iudge . Poore 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 poore Rowland Allen , without which things the sentence should be a nullsentence . D. Hone the Archdeacons officiall , hath power to call and associate unto him , and to prescribe Rowland Allen presbyter , and another mans hireling Curate in Southwarke to excommunicate , not onely the parochians of anothers Pastors charge , but also any other Pastor whatsoever , subiect to the Acchdeacons jurisdiction . If it be lawfull at the voyce of a lay stranger , that an hireling and stipendiarie Curate should chase another mans sheepe out of his owne fold , how much more is it lawfull that a true shepherd should disciplinate his own sheepe , feeding and couchan● within his owne pasture , and within his own fold . Ye see then whereto this alteration of discipline will turne in the end . The censures of the Church as a matter of no worth or moment , shall be put in the hands of base Officialls , and blind Rowland Atlens . An Oxe and an Asse shall plow together in the Lords field . The Chauncellors , Commissaries , and Officialls , have power to convent a minister before them , and if hee compeir not , first suspend , and then excommunicate him , as is evident by their latest Canons . Thus shall the worthiest of our ministrie bee brought under bondage . The Reader may see how unworthily the Archbishops , Bishops , and Archdeacons deale with the Church , which not content themselves to use tyranny over it , and to take upon them of their private authoritie , which belongeth unto other with them , have also brought it into bondage under their servants , and servants servants , I meane Chauncellours , Commissaries , &c. sayth Mr. Cartwright . The Commissarie 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 judgement , and when he will can draw back the iudgement which hee 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 poore bedge-priests , ladeth Churchwardens with manifest perjuries , punisheth whooredome and adulterie with toyish censures , remitteth without satisfying the congregation , and that in secret 〈◊〉 giveth out dispensations for unlawfull marriages , and committeth a thousand such ●ike abomina●●● ; where the Iudges , 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 bee 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 . Againe , who be their Chauncellours , but most suspected Papists . I heare 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 chiefe doers , and high Commissioners , with them to wr●g their brethren , if they bee Gods children , and to ●et papists passe free , or to bee punished lightly . How are matters dealt with in their Courts , but all for Mistres Money . What a charge are they to the Clergie ? and what a summe have they yearly , that might be saved , and it is no small matter that maintaineth their Courts . Again , It would grieve a chast eare to heare the bawdie pleading of many Proctors and Doctors in those Courts , and the Sumners , yea and Registers themselves . Mr. Archdeacon and Mr. Chauncellour are even faine 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 bee sure of such servile varlets Commissaries , Officialls , 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 farme 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 sayd in the Defence of the last petition for reformation . Many greivous complaints have been made against Officialls , Commissaries , and Chauncellours from time to time , in Germanie , France , and other countries , which I might produce to make this bondage yet more sensible . CHAP. 6. Of Suffraganes , Deanes , and Cathedrall Churches . WE have seen in the former Tables , what persons have judiciall administration . Now follow , Persons having no Iudiciall administration . Those are either Ecclesiasticall persons , or lay-men . Ecclesiasticall persons are the Deacon , and the Minister : and they have their function , either without perpetuall 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 Suffraganes . They are to bee 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. confirme children , instructed before in the Rudiments of Christian religion , and that in a Diocie allotted unto them . That which is here sayd of Suffraganes , that of old they were called Chorepiscopi , is controlled by Mucket himselfe . For hee 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 Gospell was spread through the Countrey townes and villages , as it was through Cities , so they had Coun●rey or rurall Bishops , as well as Bishops in cities . But ambition and pompe in Citie Bishops increasing , it was thought a disgrace that such a dignitie should bee obscured with a meane place of residence . Therefore it was decreed , that it should not bee lawfull to ordaine any Bishop , either in villages , little forts or small Cities , lest the name and authoritie of a Bishop should waxe vile . Sathan was advancing this way the great mysterie of iniquitie . Because he would make of Bishops young Princes , hee went about , as is well observed by Mr. Cartwright , with robberie of the rest , to lift up the head of one : otherwise the great pompe which they were striving for , could not be maintained . At the first , the countrey or Rurall Bishop had the same power in his circuit which the Citie Bishop had in the citie and suburbs of it . Hierome sayth , that the bishop of an obscure citie hath as much authoritie as hee of the most famous citie . The Presbyters who were ordained by them , their ordination was not made voyd and reversed , untill they were throwne downe through the pride and dispite of citie bishops , to the order of priesthood , which is an argument sufficient , that they were in estimation and judgement of the Church , bishops of that same sort and kinde , that the citie bishops were . Beeing spoyled of the greatest part of their power , and name also , they there called Archipresbyteri , at the last , Countrey or Rurall Deanes , and were made subject not onely 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 , sayth Bleynianus a Papist . This is his conjecture , that the Archpresbyters were thrust downe to a degree lower then Archdeacons , lest if they had been immediatly subiect to Bishops , they might perhaps have claimed the power of the old countrey Bishops , to whom in place they succeeded . For justly Archpresbyters may claim by their order , that which Archdeac . cannot do . For howbeit they be inferiour to Archdeac . in Popish dignitie , yet they are greater then Archdeacons in respect of their order . Countrey Bishops at their first erection being equall to Citie Bishops , were not their Deputies . In the later , and corrupt ages , proud Prelates , and loytering Lords , addicting themselves to the world , seeking ease , or intangling themselves with wordly affaires , as they commited the Ecclesiasticall 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 Suffraganes , that they might give themselves to ease , and wait upon Councells , Parliaments , and other civill Courts : and reserved nothing belonging to their owne charge , that might trouble their ease , or draw them from attendance upon Princes Courts , and civill employments . D. Field alledgeth against these Suffragane Bishops , Melchior Canus a papist . Such Bishops Melchior Canus entreating of Councells , and the persons wherof Councells consist , sayth , they are so farr from having any place , or voyce in councells , that they neither have , nor ought to have any place in the church at all . The Bishops he speaks of , he calleth annular Bishops , happely for that whereas full Bishops had both staffe and ring expressing their jurisdiction , as well as their espousing to the church , these had the ring onely . That Suffraganes may ordaine Priests and Deacons , and confirme , in their Church , is evident by their latest Canons . Now if Bishops may transferre these things which belong to their order to one Suffragane , they may transferre it also to moe , and consequently to all the Cathedrall and countrey Deanes , and restore the countrey Deanes to their old liberties againe . It dependeth onely upon some new Canon . The Bishop of Spalato sayth , 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 onely halfe but full Bishops , that they might governe the Church in common with him , sayth he , if the Canon law were not an impediment . The parish priest may curse this Canon law , that h●ndreth them of that which Gods law alloweth them . But that which Divine law hath given to every pastour , neither Canon nor civill law should take from them . In a part of the Diocie , as Archpresbyters whom they call rurall Deanes , and now they are imployed for the most part , to convocate their Classis , 2. to intimate to them something directed by missive from the ordinarie , 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 citie Archpresbyter , who is now called the cathedrall or citie Deane , & the Countrie Archpresbyter , who is called now the rurall Deane , who was at the first institution moderator of the classis , or countrey Presbyterie , & thereafter made a countrey Bishop , or Chorepiscopus within his owne circuit , as the citie Bishop was at the first but President , or moderator of the Presbyterie of the citie and suburbs . For we must not think that the country Bishop ruled alone without his classicall Presbyterie , more then the citie Bishop did . In processe of time the citie Bishop grew to this great statelynes , which now we see , and the o●● Chorepiscopus decreased , and was throwen dovvne by degrees , till at last he is come to this poore estate of a rurall Deane . He it not ranked in this hierarchie amongst the persons having iudicial administration , but among those vvho haue none , as ye see , to intimate to the Priests with in his Deanrie , what is the Bishops pleasure eyther severally , or to convocate them togither to that effect , or to put any person in possession sometime of his Benefice , for the Archdeacon . Every Diocie in England , as vve heard before out of Mucket , is divided in Archdeaconries , moe or fevver according to their extent : Achdeacour . into Deanries . The Deanries comprehend ten Parishes , sometimes moe , seldome fewer . But cathedrall and collegiat churches are exemed out of the Archdeaconries , and rurall Deanries . Over these Deanries are set rurall Deanes , qui●us praeficiuntur Dec●nirurales , antiquis Archipresbyter is non multum ●issimiles sayeth hee . Then againe in every Diocie there are iurisdictions exempt eyther from the Archdeacon , and subiect immediately to the Bishop , or exempt from both , or from the whole Province of the Arch-Bishop , and subject immediatly to the King in respect of appellations , They want no corrupt order of governement , which they had in time of Poperie : no not so much as their exemptions . To returne then to the rurall Deanes . These rurall Deanes upon the Bishops , or his deputies warrant cited such within their Deanries , as were to compeir before the Bishop , or his deputie , and this their citation under the seale of their office they were to certifie to the Bishop , or his deputie . But Lindwood sayth , quod per eos potius quam per alios , qui hibent sigilla authentica , multae multae fiebant fraudes , and that they colluded with the partie in sealing the certificates of their citations , when as they had not made any due citation , and therefore Iohn Peccham Archbishop made a constitution , that every yeare they should svveare to give out no certificates without due citation . They were sworne every yeare sayeth Lindwood quit quolibet anno mutantur Decani , et fiunt noui . They were to hold Chapiters in a sett course foure times in the yeare , and at other times , as often as occasion should require sayth 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 weekes , some every quarter of year . Their Chapiters convening every three weeks , were our presbyteries which doe meet in some place every weeke , in other places in two or three weeks , especially in winter . These chapiters were called capitula ruralia , countrey or rural Chapiters , sayth Lindwood , because they were assembled in the countrey towns . In these Chapiters the Deans did publish the decrees of Provinciall and Episcopall Synods . For the Bishop himselfe did not demit himselfe so farre , as to be present : and therfore sent one to make intimation , or to the Deane to doe it . Praesertim cum non deceat statum pontificalem in singulis capitulis hujusmodi interesse , sayth Lindwood . D. Field proveth that of old , they had power to visit their circuit twice every yeare , and to suspend laymen from the sacraments , and clergie men from the execution of their offices . This was a remainder of the old power of the Countrey Bishop . Now his office is onely to intimate decrees of Synods , or the Bishops will in any matter , without any iurisdiction reserved either to him , or to the ministers of the Deanrie assembled together in chapiter , or as wee speake in scripture language , presbyterie . So that their Deanries are a footstep of that which have beene , and a shadow of that whereof we had the substance . This alteration of government among us , will in the end turne to the same desolation . There are some Deanes exempt , which are subject immediatly to the Archbishop , and these have Archi●●aconall jurisdiction , sayth Lindwood . Wee have before made mention of some rurall Deanes exercising spirituall jurisdiction , but that is not common ; next it is Episcopall , for they doe it by themselves without the Chapiter . Those which beside the common have no peculiar function , are placed either in so●e cathedrall or collegiat Church , or in a parish Church . In some Cathedrall or Collegiar Church , whereof they are members , or no members . Of those who are members , the chiefe is the Deane , then in some Churches of ancient foundation , other dignities also , as the Subdeane , the Chauncellour , the chiefe 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 governe in all things with the Deane in that Church , and they have a seat in the Quire , and the power of a voyce in the Chapiter . Canons or Prebendaries no● Residentiaries , have a seat in the Quire , but not a voyce in the Chapiter . Those who who are not members , serve either to the administration of the publick Liturgie , or Sacraments , as the pettie Canons or Vicars chorall , or by assisting those who do celebrate , as the Pistler & the Gospeller . There are also others bearing office in cathedrall Churches , but they are ranked among the lay sort , by the composer of the tables , such as are singing boyes , vergerers , Ballifs ; and others set down afterward . The authour of the admonition to the parliament doth thus muster the Droanes of these Cathedrall Churches . Wee should be too long to tell your Honours of the cathedrall Churches , the dennes aforesayd of all loytering lubbers , where Mr. Dean , M. Vicedeane , Mr. Canons , or Prebendaries , the greater , M●pettie Canons , or Canons the lesser , M. Chauncellour of the Church , M. Treasurer , otherwise called Iudas the Purse-hearer , the chiefe ch●unter , singing men special favourers of religion , squealing Qui●isters , Organ players , Gospellers , pistlers , pensioners , vergers , &c. Wicl●ffe sayth , there ●e 12 disciples of the Antichrist ; Popes , Cardinals , Patriarches , Archbishops , Bishops , Archdeacons , Officialls , Deans , Monk●s , Canons , Friers , & Pardoners . He reckoneth yee see the Deans and Canons among the disciples of the Antichrist . And in truth what are they else but idle lubbers , lying in the cloysters of their Cathedrall Churches having either no necessary or profitable charge in the cathedral church , where they loyter , or else have a charge in other places , but under colour of their prebends , absent thēselves from the churches where they are bound to a cure of soules , and that which they spoyle and raven in other places , there , sayth M. Cartwr , they spend and make good cheere with . And againe he sayth , 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 bee , the greedie appetites of those , which otherwise have ynough to live with , and for holes and dennes to keep them in , which are unworthy to be kept at the ch●ge of the church , or else whose presence is necessarie , and dutifull in other places , and for the most part unprofitable there . The Deane , and Canons or Prebendaries , are not sustained with the Ecclesiastical rents and possessions of the citie , where they loiter , but for the most part of the rents and possessions of their charges in the countrey , to their ruine and desolation , the great steeples devouring the little steeples , the great Quires overthrowing the finall pulpits . It was done no doubt in a foolish and pretensed imitation of the temple of Ierusalem , to appoint such idle serving and singing men to uphold in the cathedrall Church daily chaunting and singing , as was the custome in the temple of Ierusalem . But all the people in the land had communion of worship in the sayd temple , and repaired to it thrice in the yeare to that effect and purpose , beside that the daily worship was for the use of all those who were upon severall occasions to repaire unto the sayd temple , and therefore the whole people of God is called the church of the Iewes ; 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 & priviledge to all the points of Gods worship , as the greatest cities , lett be the Cathedrall seats , which are not ever the greatest . Then againe their curions singing and chanting serveth not for edification of the soule , but rather to hinder true devotion , and carie away the mind from heavenly meditation with a carnall and sensuall delite . He that singeth should be liker pronuncianti quam canenti to one who pronounceth the word , then to one that singeth . Psalmes as sung by course ▪ & side after side : some few singing , the rest of the people resrayned from singing : One half sung with the hart , the other half with hart and voice . Then again their musicall instruments were unknowen to the church of God for 800 yeres . Yea it appeareth that they were not brought in , in the dayes of Aquinas . For he sayth , 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 musicall instruments in his time lest it should seeme to Iudaize . Yea amongst the Iewes themselves these musicall instruments were not used in their synagognes , but only in the temple , which was the theater of all the ceremonies of the leviticall law . Againe 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 , Chancelour , Vicedeanes offices are not all alike in every cathedrall church , sayth Mucket , but divers according to the different statutes of divers places . It is hard therefore distinctly to define particularly their offices . The Deane of the cathedrall Church succeedeth in the roome of him , who was called Archipresbyter urbanus , the citie Presbyter , as the rurall Deanes doe the Countrey presbyter . But the cathedaall chapter doth not consist of the presbyters of the citie , as the rurall chapiter did consist of the presbyters within the rurall Archpresbyter his praecinct : yea they were bound to sit in chapiter with the Deane , sayth Dr. Field . But all the Presbyters of the cathedrall citie doe not at any time sit in chapiter with the cathedral Dean as I gave a lively example before of the citie of London , where the Ministers of the severall parishes doe not sit in chapter with the Deane of Pauls , but onely Canons and Prebendars , who for the most part ought to serve at parishes perhaps 20. or 30. miles from the citie . The cathedrall seat of Canterburie hath 12. or 13. parishes , but not 4 able preachers , sayth the author of the Assertion for true and Christian Church policie . I have been in some of their cathedrall cities , where they have no parish minister to preach , but onely the watering of some prebendarie , who commeth to attend on service in the temple , and neglecteth his owne charge with cure of soules . Againe , suppose this chapiter did consist of parish ministers within the citie , yet that some should bee made cardinall to sit in chapiter , either with Bishop or Deane , 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 antiquitie , as wee have already made evident . And it is acknowledged also by Bellarmine , howbeit hee 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 Episcopi , & 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 confesse , yet even then this distinction was not made , as Bellarmine in that same place doth acknowledge . Farther , this same chapiter hath not any medling with jurisdiction in common with the Bishop . The Deane 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 spirituall jurisdiction , and inflict spirituall punishments , and censures , upon every delinquent within the Diocie , yea or cathedral seat onely , 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 passe without them , but for spiritual jurisdiction they are content that the vicar generall , and officiall principall part that betwixt them . To what use then serveth the cathedrall Deane , 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 severall offices , and in their severall turnes and courses . In the 24 ▪ canon of the last constitutions , when the communion is to be celebrated upon principal feast dayes , if the bishop himself be not present , then the Dean is to administer the communion with a cope . And notwithstanding of all this , the Deane must sit in some chiefe 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 signifie a minister of the Gospell , is usuall with them , even in their latest Canons . Howbeit it seemeth to bee derived from the Greek word Presbyter , yet seeing it hath been used to signifie a sacrificing Priest , such as the Masse-priest was thought to be , and is still retained in their latest translations of the Bible , to signifie a sacrificing Priest , their pretext of the originall of the name , is frivolous , for either they should translate the Leviticall Priest sacrirficer , if they would retaine the proper signification of the word priest , or else abstaine from , or alter the name of Priest , seing they may have choyce of names . The Ecclesiasticall persons in the Parish Church are , the minister , and Deacon . In the minister are to bee considered , his externall calling , and his publicke function . His externall calling is , either to the order and degree , or to the benefice , and place of the ministerie . The externall calling to the order and degree is seene , either in things preceeding the ordination , or in the ordination it selfe . In things going before the ordination , as 1. publick intimation made by the Bishop , in the most famous places of the Diocie of the day of ordinations , 2. Letters testimoniall 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 hee were brought up in a common Schoole , or in an Academie , or of his progresse in humane literature , or theologie , in which is to be considered , either the proficiencie it selfe to be tried by the Bishop himselfe , or the Archdeacon , or some other appoynted for him : or else , the degree which hee hath taken on in the Schooles . The ordination it selfe 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 ministerie , 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 voyd . The Apostles ordained not ministers to rove abroad through a whole province , but appointed them towne by towne , Tit. 1. 5. Act. 14. 23. The Councell of Chalcedon decreed , that no presbyter should bee ordered loosely , that is , unlesse ( as it is there added ) it bee in some congregation or citie . The word Apole●ymeno●s they interpret without a title , but then by a title they meane , not a particular charge , but some possession or living to be maintained by . But who will ever admit ( sayth Mr. Calvin ) that the title which the Councell requireth , is a yearly revenue to maintaine himselfe with ? In the latest canons this Popish interpretation is approved , where are set downe the titles of such as are to be made ministers . If he be provided to a place in some cathedrall , 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 colledge in Cambridge , or Oxford ; or if he be a Master of Arts of five yeares standing , that liveth of his owne charge in either of the universities , or if by the Bishop himselfe that doth ordaine him , he be shortly after to bee admitted to some benefice , or curatship then voyd , is he sayd to have a title , howbeit hee have not as yet a particular flocke , which was not the meaning of the councell of Chalcedon , farre lesse 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 countrey , like masterlesse men , say the authours of the admonition to the Parliament . And againe , When they have made them , either they may tarry in their colledge , and lead the lives of loytering losels as long as they live , or else gad abroad with the Bishops Bulls ▪ like to Circumcellions to preach in other mens charges , where they list , or else get benefices by friendship , or money , or flatterie , where they can catch them : or to conclude , if all these faile , that they may goe up and downe like beggars , and fall to many follies , or else as many have done , set up bills at Pauls , or at the Royall Exchange , and such like publike places , to see if they can heare of some good masters to entertaine them into service . In the late Canons foresayd , the Bishop is ordained to maintaine him in all things necessarie , who hath not one of these titles , till he preferre him to some Ecclesiasticall living , which is but one of the rotten Canons of the Canon law . If this were kept , 3. or 4. Bishops in this realme would have kept such houses , as never any did in this land , as is sayd in the foresayd 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 ministred in the office of a Deacon wel purch●se unto themselves a good degree , that is , say they , a step to the ministerie . The Apostle sayth not that they who doe 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 , authoritie and estimation in the church , and consequently great boldnesse in the faith . For a man may have gifts sufficient for a Deaconship and yet never have gifts sufficient for the ministerie . But admitting the office of the Deacon were a step to the ministerie , that hee who is a Deacon may be a Minister , it followeth not that there is not accesse to the Ministery , but by this step of the Deaconship . And therfore not to admit a man to the ministerie , ●nlesse hee 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 alwayes every Deacon should be kept from the Ministerie a whole yeare , when the Bishop shall finde good cause to the contrary : but that there being now foure times appointed everie yeare for the ordination of Deacons and Ministers , there may be ever some time of triall of their behaviour 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 neere , the Bishops Bull is set up upon the Church doore , to give warning , that if any be minded to receive orders , let them repair to the Bishop at such time and place . This is , sayth Mr. Cartwright , like the sound of a trumpet to gather an Armie . But the Bill which is set up upon the Church doore , is in latine , 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 voyd , but they know not against whom to object , for amongst 40 , 50 , or 100. perhaps they know not who is the man , that is appoynted for them . The Bishop and the patron out of the whole number wil choose afterward when and whom they thinke meete . And howbeit there were not one voyd Church in all the Diocie , but incumbents in every one of them , yet the Bishop will give orders . And againe , 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 Lords dayes , after the Ember weekes , then there is repaire to the citie 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 onely 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 vertue 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 pastorall gifts of utterance , doctrine , and exhortation are not tried either by the Archdeacon , or any particular church : may these gifts are not needfull in an English priest ; for a bare reader is sufficient to bee an English minister . The Archdeacon is sometime in one part of the countrey , 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 hymne , Veni creator sung or sayd , 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 answeres , 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 bee 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 bee appoynted . Thereafter the oath of the Kings supremacie is taken , then againe after an exhortation , follow other demands an answers . After that the people who are present , are desired secretly to commend the businesse 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 every one of them , the Bishop uttering these words , Receive the holy Ghost , whose sinnes thou doest forgive , they are forgiven , and whose sinnes thou doest retaine , they are retained : and be thou a faithfull dispenser of the word of God , and of his holy sacraments . In the name of the Father , and of the Sonne , and of the Holy Ghost , Amen . Hee commandeth the ordained to receive the holy Ghost , as our Lord and master did when hee breathed on his Disciples , bestowing in very deed the gifts of the spirit when hee breathed upon them . Ordinary pastors cannot con●erre 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 Christs breathing , as they may usurpe these words . Whether the ordained receiveth the holy Ghost or not , let the world judge . Calvin sayth of the Popish Priests , ex equis fieri asinos , ex fatuis phre neticos , quicunque in sacerdotes consecrantur . Is any of their Curats after the pronouncing of these words , either the holier , or more apt to teach , and yet beside this blasphemie , they will the ordained to dispense the word of God , who cannot divide and cut it aright . Where it is sayd , whose sinnes yee forgive shall be forgiven , &c. a power to reteine 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 authoritie to preach the word of God , and to minister the holy sacraments , in the congregation where ●hou shal● 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 facultie : or if they can , they may not till they get a licence of the Bish , and whether they shal be appointed to any congregation , or not , they are uncertaine , because it dependeth upon the p●trons pleasure . So that , if either the forethinking himselfe , like the shop better then the Church , or if the Patron will keepe the doc●e shut against such insufficient men , which the Bishop opened so wide , or as somtime falleth out , they cannot agree of their market , it commeth to passe that he is made a minister , which either cannot , or will not , not onely not fulfill , but not so much as lay hand of that Ministerie whereunto hee was appoynted , sayth Mr. Cartwright . When all this is done , the companie convened sing the Creed , and they goe to the communion , which all they that receive orders take together , and remaine in the same place , where the hands were layd on them , untill such time as they have received the communion . The celebration of the supper went before in the beginning of the action as is enioyned 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 pertaking of the communicants , & all the rest of the action must intervene before they partake : for to what end els 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 cōfusion 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 Letanies and Collects , for brevities sake , I passe by . The external calling to the benefice , or certaine place of the ministerie , 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 somtime it falleth out : or when the right both to nominate & present belongeth to him . 2. The Bish. triall of his gifts & qualification , whether he be capable or not of such a Benefice . 3. Admission either to the title it selfe , as when the Bishop doth institute at the presentation of another , which is called Institution , or when the Bishop himselfe who doth institute hath the right of patronage , which is called Collation : or else admission is to the possession it selfe by inducting , which is either done by the Archdeacon himselfe , or by his deputie . After they have thus received their order of Priesthood , and are ordeined at large in nubibus , they pay for their letters of Orders ( for their admission to their Ministerie must not be free of fees ) and runne abroad through the whole Diocesse , where they please , preaching any where , if they have gotten after their Ordination another licence to preach . For they must not preach by vertue 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 deliverie of the Bible in their hand , of the dutie of preaching and teaching . But that is onely for a fashion , for they read of the booke these Gospels , Epistles , Exhortations , which were used of old , and are reteined still in the booke rather to be a monument of that which hath been , then for their right use and end . For in the Romane Church , when the Masse Priest is to receive orders , by the Epistles and Gospels , &c. he is put in remembrance that he must blesse , governe , preach , baptize , 〈…〉 doctrine should be spirituall medicine to the people of God ▪ that the Church of God is to be edified both by preaching and good example . These are peeces of the ancient order , which was in the Church , lying still in their corrupt pontificals , to be rehearsed in the forme of a service . But when they come to the action it self , wherin 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 generall word used , Be thou a faithfull 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 favour , or maketh some simonicall paction with him , as we have alreadie heard out of Brightman , and a little before out of M. Cartwright . The Patron presenteth the man whom he thinketh fittest for his own humour , and the Bishop doth try his gifts , and qualification . Heere 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 liberalitie toward the Church we doe not gainesay . Therfore jus utile , that is , if he be redacted to poore 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 vacancie , or what other thing else , not savouring of superstition , or ostentation wee grant unto them , but the right of presentation of Clerkes to the pastorall office we cannot grant . The Church may not resigne this liberty of election in the hands of another man , but is ever bound to retaine in her own hands the freedome to choose the fittest person to have charge of their soules . This liberty of Election was acknowledged to be so equitable , & grounded upon the principles of nature , that there should be more Clerkes then one tryed when a Church was vacant , where this order might be had , that in the Councell of Trent , some others also chosen by the Synode beside the Bishop , were ordeined to examine and chose the fittest of those who offered themselves , or were offered to a tryall , and this is called examen per concursum . But in our neighbour Church they have no such constitution . The Bishop himselfe tryeth or appointeth whom he pleaseth , none is depute by a Synode to joyne with him . And where the Bishop himselfe 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 Lay-men be Patrons . Now what is this examination of the Bishop , surely very superficiall , and imaginarie . The request of any in authoritie is able to obtain the Bishops institution , suppose he be unsufficient . And indeed there is no extreme suite , the doore is not so hard locked , sayth Mr. Cartwright , there needeth but the lifting up of the latch . And in another place he sayth , that many say , that for a dish of fruit of the golden griffe , they lease out , and make all manner of marchandise 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 doore , and enter into a benefice . He that came to the Bishop of Winchester to serve in his Diocesse , borne at Norwich , and made a Minister at Peterborow , knew not how many Sacraments there were , and requested a dayes 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 amonst them . Have not the Bishops chosen , sent , and commended unto us , saith the Authour of true and Christian Church-policie , such as know not a Bee from a Battle-dore , or the Lords prayer from the Articles of faith , of which sort of Ministers , the Parson of Haskam now living , a Chaplaine in Winton Diocesse may be produced for a witnesse , omni exceptione maior . 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 Lords prayer , after he had a pretie space pawsed and gased towards heaven , at length made this answere ; I beleeve in God the Father Almightie , &c. This profound Clerk , howbeit hee could not obtaine the institution at that time : yet afterward , sayth this Authour , by corruption of the same Bishops Chancellour 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 informe him also of many other such Clerkes , ●●siant and beneficed in that Diocesse , &c. That which the Bishop could not doe at the first , by reason of the Knights opposition , he did afterward at his Chancellours desire . Lest any man should thinke , that there hath been but a few of these examples , let us heare what Mr. Cartwright sayth , I am well assured , that all the● Ecclesiastical stories extant , are not able to furnish 〈◊〉 of so many unworthy ministers chosen by al the churches throughout the world , which have been since the Apostles times : as have swarmed these few yeares 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 looke into the Churches of some parts of Savoy , and yet stretch them out further to some certaine common-wealths in Germanie , and come home to our neighbours 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 stubborne defender of that hee hath undertaken ) he shall be compelled to confesse , as much difference betwixt the one and the other , as between gold and copper , or any other refuse mettall . The people which are fed , are to the people which are unfed with preaching , like an handfull to an house-full , or an inch to an ell , sayth the author of the Assertion for true Ch. policie . These are the fruits of the Patrones presentation , and the Bishops sole election , institution , or collation . The person duely chosen , and lawfully ordained , should have testimoniall under the hands of the Pres●yterie , and chiefe of the people , to certifie , that he is duely 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 confirme , and really induct into the possession of manse and glebe , & other possessions . So the Archdeacons pretie signet should give place to the kings great seal , sayth the authour of the Assertion . For as the order doth stand , there falleth out many contentions , and suits in law , sometime betweene the Patron and the Bishop , sometime between two Clerkes presented by two Patrons : sometime between the Clerke presented , and the Bishop , the Clerke calling the Bishop by a double quarrell 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 reall incumbent , whereupon doe fall out many foule riots , breaches of the kings peace , and unlawfull assemblies upon entries . and keeping of possessions . What a great hinderance the patrones power to present , is to the planting of churches with a learned and faithfull ministerie , not onely the Church of God in former ages , but also our owne since the reformation in a part , can beare witnesse . This is the difference betwixt us and them in this poynt , that they defend this right of the Patrone , which taketh away libertie of Election , wee craved a reformation of it , and were more carefull to try and sift the person presented , yet this is the inconvenience , that seldome it fell out that the worthiest were nominated , where patrons had a right to present . You see then , what wayes a man commeth to the ministerie , and a benefice . First , hee must receive orders , and pay well for them . For it can not be denied , but the Bishops Secretarie , Gentleman Vsher , groome of his chamber , Butler , Pantler , Porter , and other the Bishops menials ( besides his own and his Registers fees , and his Clerke for expedition ) doe usually ( all , or most of them ) challenge and receive fees ( some more , some lesse ) before the poore minister with his boxe of orders can be suffered to passe 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 denyed , 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 heare of the Minister appointed , and sent by the ordinarie to be Parson , or Vicar , of the Parish Church vacant , before such time , as he did heare , or see the Parish Clearke to trudge with the Church-dore keyes to let in the S●xtin , to ring the bells for the said Parson or Vicars induction , and reall possession . The publicke furction of the minister , is either in preaching , or in the rest of his administration . In Preaching , either with licence granted him for that part after the Bishops approbation , and that either to his own flock , or without to Clergie , or people , or without licence ●b●eined to that effect , as if being master of Arts , or in any superiour degree , he preach to his owne flocke without licence . We see then that the giving of orders is not a giving of power to preach , for then every one who receiveth orders may preach without any further licence , as well as a Master of Arts , who is n●w come from Cambridge from his Rhetoricks and Physicks . This licence granted to some , and not to all ; yea , not to the most part , declareth that they doe not esteeme preaching any essentiall part of the Priests function , more then the Papists doe , and the practise 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 Queene sayth , Where the Bishops ordeine one minister that can teach , they make twenty that cannot teach : and so idle shepheards are set up in the roome of true Pastors . They that can teach are bound hand and foot till they get a licence : But sithence Christ bad his Priests preach , who should forbid them preaching , said Wickleffe , in the exposition of his Conclusions exhibited to the Bishops . When they have gotten licence either they loyter : or if they preach , their preaching is hedged in with penalties , injunctions , caveats , canons , advertisements , that they may not deliver the whole counsell of God : or else they play the part of prophane Orators , with affected eloquence ; or make the people laugh with merry tales , as the Authour of the Admonition to the Parliament doth relate . To conclude then , a bare Reader of the service booke 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 lawes , or of the Liturgie set forth by publique authoritie . This Liturgie maintaineth a Reading Ministerie : for it requireth nothing necessarily to bee done by the Minister , which a child of ten yeare old cannot doe , as well , and as lawfully , as that man wherewith the booke contenteth it selfe . Preaching is but accidentall and accessorie , without the which their office doth , and may consist . And indeed boyes , and senselesse 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 lesse busie , then the Popish Priests service , because the Kalender , and the Rutricks of the book are fewer and plainer , then his Portuise , and Pic were . So that lesse Clerkes , then 〈◊〉 pri●sts which had but some blind Latine in their belly , may serve for our store , say the Authours of the Admonition to the Parliament . The administration according to the prescript of the booke of Liturgie doth concerne , either the Bishop or the Church , or the Minister himselfe . The Bishop , to wit , in confirmation of children : The Church , either in certaine rites , as bowing the knee , or in certaine answeres . 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 Gospell commeth , then they all stand up ; they thinke that to be of greatest authoritie , and are ignorant that the Scriptures come from one Spirit . They make curtesie when Iesus 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 Chaplaines seldome use this , unlesse it be at reading of the Gospell , as if the Gospell were more holy then the rest of the Scripture : especially they forget it , when lustily and bravely they sweare by the name of Iesus . The name of Iesus is more reverenced , then the name of Saviour , 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 Iesus , when as he onely saith , At the name of Iesus : that is , every creature shall bee made to acknowledge his power , and authoritie , 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 ingendred in their minds , that other prayers do not so much pertaine to them , as those which they utter with their own mouthes . 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 Letanie , the people make the prayer , and the minister onely directs them what to pray for . At the communion one of the people is allowed to make the generall confession in the name of the whole congregation . At some prayers they are enjoyned to kneele devoutly , and not at others . In the administration which doth concerne the Minister himselfe , or to be considered , either the substance of the booke it self , or certaine 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 conteined in the English , is also contained in their service book , with some little addition . The same forme is also observed with a small alteration , wheras our forme 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 Baptisme , the Communion Marying , Churching , and Buryal , con●urre together , as often they doe in great Congregations , as it is said in the Abridgement of Lincolne Ministers . Divine service in the Apostolicall Church was not spent in reading prayers , Psalmes , 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 parcell of Scripture which was read ; as was the custome also in the Sinagogues . And suppose it had bene omitted at any time in the Sin●gogue , we reade not of any such lame Liturgie in the Christian Church , in the dayes of the Apostles , nor in many ages following , till blindnesse , ignorance and lazinesse , made the chiefe part of divine service to be omitted , and a prescript forme to be made , for 〈◊〉 and ignorant Priests . For shal we beleeve 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 bels of Aaron should give a sound , as often as the Lords Priest entreth into the Sanctuarie . Or doe they thinke , that their Pastor was abroad at his pleasures , when the flock was at their pasturage , as devine service , and some other reading minister serving them . The Apostolicke Church , and purer Antiquitie , knew no such minister . Out of the lessons , or Psalmes , 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 booke of , &c. read . The booke is read , wherein it is prophecied . We heare brethren , when the Gospell was read , the Lord saying that &c. The directories are contained , either in the Kalender , or the Rubricks . In the Kalender , to direct the minister in such things , as belong either to the minister himselfe , or to the whole Parish . To the minister himselfe , either in reading some Psalmes each day of every month , or of the rest of the Bible , partly out of the Canonicall Scripture , partly out of the Apocrypha bookes , and that within the yeare . The reading of Psalmes , and other parts of Scripture , is not preaching , but the word read is like a loafe unbroken , or not divided in peeces , and morsels . And therefore it is not a right set forme of service to prescribe all the Psalmes to bee 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 . Lesse Scripture read , and withall 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 canonicall , yet the forme is naught , and in this case unlawfull . Then as for the reading of the Psalmes , they make daily prayers of them , when as they bee 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 bookes should not receive that honour , as to be read publickly in the Church , as canonicall Scripture is . Because they containe sundry false and frivolous things ; and suppose not , yet they are not the trompets which are set apart and sanctified by God , to bee blowne by his priests in his temple . The church of the Iewes read no other scripture but Canonical , Moses and the Prophets , and the Psalmes : and the Christian Church in the purer times , onley the monuments of the Prophets and Apostles . The Councell of Laodicea decreed the same also . The reading of them in the Church hath made the people beleeve , that they are portions of the old and new testament . Sundry of the Prelates take texts out of the Apocrypha , sayth the authour of the petition to the Queen . Divers chapters of the Apocrypha are appointed to be read for extraordinarie lessons upon Feast daies , and some parts of the canonicall Scripture are omitted . The directories , which direct in such things , as belong to the whole Parish , are anent observing feast dayes , and daies of abstinence from flesh . They have a number of feasts , and fasting daies , more then the Iewes had appointed to them . The holy dayes observed by them , besides the weekely Sabboths , are these following , the dayes 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 virgine , of Saint Mark the Euangelist , of Saint Philip and Iacob the Apostles , of Christs Ascension , of the nativitie of Iohn Baptist , of S. Peter the Apostle , of Iames the Apostle , of Bartholomew the Apostle , of S. Matthew the Apostle , of S. Michael the Arch-Angel , of S. Luke the Euangelist , of S. Simon and Iude the Apostles , of all Saints , of Saint Andrew the Apostle , of Saint Thomas the Apostle , of Christs Nativitie , of S. Steven the Martyr , of S. Iohn the Euangelist , of the holy Innocents , Munday and Tuesday in Easter weeke , and Munday and Tuesday in Whitson weeke . This is their number and order as it is set downe in the beginning of their service booke . 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 dayes , 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 honoured . This Saint , saith Barrow , hath no small entertainment with his solemne 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 musicke , &c This Saint beside his noble ordour of Knighthood hath also his peculiar Chaplaine Palatine of the order who it to weare a gold ring on his thomb . The holy dayes are dedicate to the Trinite , to Christ alone , to Saints , to Angels . As for the day dedicated to the honour of the Trinitie , Bellarmine doth confesse that it is recent , that it was not observed at Rome in the dayes of Pope Alexander the third . It was celebrated in some particular Provinces , but not received into Rome , till the time of Pope Iohn the 22. It was thought needlesse , seeing the Trinitie was remembred , either one way or other in the daily service , but especially upon the Lords day : for the Preface of the Trinitie day was of old sung upon the Lords day ; and the Creed wherein the Trinitie is remembred , was not omitted . If there should be a holy day for every great mysterie of our religion , then must we have many more holy daies , then we have yet had . If a particular day for the Trinitie entred but of late in the Church , for the respects foresaid then what mysterie of Religion is remembred frequently on the Lords day , in hymne , prayer , confession , creed , or sermon needeth not a speciall day , and a set service with bodily rest for that mysterie . You see then , that the feast which was rejected a long time by the Popes themselves , the English doe retaine . 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 hote contentions about it , whether it should be observed upon the day of the full Moone , or the Sabboth after , declareth that they did not institute it : for they could have easily decided that question , whether shall we be conforme to the Iewes in observing the same day with them or not : yea , the Apostle , 1. Cor. 5. 8. speaking of the celebration of our Easter , tyeth us not to a certaine number of dayes , as the Iewes were , who after the eating of the Lambe ; might not have any levened bread in their house for seven daies , but sayth , ours is all the yeare 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 Ierusalem at the Iewish Pentecost , to confirme or ●ucrifie the Iewes , as long as the Temple stood . If the Apostles thēselves , upon whom the gifts of the H. Spirit were powred that day , did not observ it themselves , who were the receivers of the benefit , what warrant haue we to observe it . If neither Easter nor Pentecost were Apostolical institutions far lesse 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 Christs circumcis . 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●spels and Epistles . In a word all the dayes dedicate to Christs severall acts are all humane inventions , some later , some more ancient , & Iewish formes , wherwith that people was brought up under the pedagogie of the law , a rudimentarie kind of instruction , not beseeming the Christian Church , nor answerable to the cleare light of the Gospell . The Iewes anniversarie dayes were abolished not onely 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 sabboth , let be an anniversary day . For the weekly Lords day was not appointed for remembrance of the particular benefit of Christs resurrection , but for the whole worship of God. If the Lords day were referred directly and expressely to the commemoration of the resurrection , then should it be the proper and peculiar service of the Sabboth , then should we not have at all a day determinate in the new ●estament , and institute to worship God for himselfe , and all his workes in generall . There was then no memoriall dayes appoynted in the new testament , but a morall day for the worship of God. The sacrament as often as it is celebrate , it is a memoriall of his passion . When the word is preached , Christ is crucified before our eyes . But dayes of particular commemorations of some speciall actions with solemnitie and cessation from worke , we have none , nor was it the intention of Christ , or his Apostles . If there be no warrant to dedicate anniversarie dayes to Christ , farre lesse to the virgin Mary , and the rest of the Saints , and of Angels . Their holy dayes of Saints are called the Saints dayes as well as Christs dayes are called his . And they have their collects , gospels , epistles , as well as Christ hath his : and what reason have they to have some anniversarie 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 remembred as the rest are ? Is the 〈◊〉 purification of our Lady upon the candle●masse day , a matter of such moment , that it is to be honoured with some speciall day , and actions of greater importance are not so to be celebrate . This night the Maior of London kneeleth downe at S. Edwins tombe in P●ules Church , and sayth a P●ter noster , as Barro● reporteth . If I should insist upon every particular day , and rip up their collects , gospells , pis●les , hymnes 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 New-yeares day , they are appointed to say , that Christ was borne upon this day , when as it be●oved him to be borne onely upon one day , 〈◊〉 it is grounded upon an erroneous conceit of Zacharies high priesthood , that he was born ●n the 25. day of December . In the collect upon Innocents day , it is sayd that the infants whom Herod murthered , were Gods witnesses . Athanasius creed is to honour the high dayes , 〈◊〉 not the common creed , and is appointed to be read onely upon certaine holy dayes , it must not grace other dayes Venite may not serve at Easter , as it doth all the yeare before , and after follow Domine labia mea . They have no reason for these and other like superstitious vanities , but such as Durandus , or any other papist can give them , out of their reasonless● Rationalls . What holynesse they place in their holy dayes may be seene in that they haue a stricter rest enjoyned upon them , not they urge for the sabbath , whereas the Lord required a stricter rest upon the Sabbath , then upon other dayes appointed by himself . Then againe their principall feasts haue Eaves and devout fastes going before . Thirdly they say they will not change them , to let us see that they may be changed ; but retaine the same dayes which the papists observe , and which , they say , were consecrate and made more holie then other dayies , be the actions , which were wrought on these dayes , as the manger and crosse of tree was with the truth of Christs body . Even howbeit this reteyning without change , doeth nourish in the people both a superstitious and popish conceit of the holynes of the day and the erroneous conceits , that Christ was borne on such a day , Iohn Baptist on such a day , that Zacharie was high priest etc. To let passe other popish opinions of worship , and merite . The most part observe it with masking , dancing , gluttonie , games , enterludes . For the which superstitious , and erroneous conceits , and incorrigible abuses , they ought to be abolished , suppose in themselves they had bene never so indifferent . Besides their Eaves they have their ordinary fridaies , Ember weeks , and lent fast . And if they say that abstinence from flesh onely is cōmanded for some politicall respects , I would demand wherefore is the minister or Curate enjoyned after sermon , homilie , or exhortation , to declare unto the people , whether there be any holy dayes , or fasting daies the week following . Are not the people commanbed likewise to repaire to the Church to pray , and to heare 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 & ratifie every one of them with their own mouth saying , Amen . The priest before he utter the curses , after the lettanie is sayd , goeth to the pulpit , to imitate the levites who pronunced 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 pennance , and punished in this world , that their soules might be saved in the day of the Lord : and that others admonished by their exāple might be the more afraid to offend . In stead wherof untill 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 generall sentences of Gods cursings against impenitent sinners . Yee see that corporall 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 beleeve thē . It is displing , ashes , shriving , and such other gear that they would haue . In the last collect upon the first day of lent , or ashwednesday , the priest , or Curate sayth , Be favourable to thy people , which turne unto the in weeping , fasting , and prayer . Is this to fast for ciuil respects onely , for the main tenance of sea faring men , and preservation of cattell . The Priests and Clerks kneeling say the Psalme , 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 yeare hath , say the ministers of Lincolne 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 vertue : Item , to be prepared against the celebration of the feast of the resurrection : to repent for the sinnes of the whole yeare : to imitate Christs fast of 40. dayes , which was a miraculous fast , a fast of another kind , for it was without hungring , a fast for one time , and not used againe either by himselfe or his Apostles , Mat. 9. The Ember weekes , which were called Ie●unia quatuor temporum , are appoynted , they say , for praying , and fasting , because the Bishop is to give orders upon the Sundayes immediately following , as it is sayd in their latest Canons . They tie the giving of orders to set seasons of the yeare , when as ministers should be thrust out into the Lords harvest , whensoever there is need . Then againe such are enioyned to fast , as have no need of a pastor , for all the parishes of the Diocie are not destitute . Where there is no feele of a want , the prayers will bee 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 uncleane creature , and polluted . So their fast in all the orders and rites of it , is the Popish fast . Lastly , they joyne not fasting and giving of orders together , as they should doe , if they followed aright that example which is set downe , Act. 13. 1. 2. but they observe their ceremonious fast , or rather superstitious abstinence from flesh on the week before , and not upon the Lords day following , when they give orders . For upon the Lords day they thinke it unlawfull to fast . And yet they will rather sever their ceremoniall fast from the action , then that it should not be performed upon the Lords day : for why ? that was the day on which the fierie tongues came downe upon the Apostles : and they observe the third houre of the day commonly , that is about nine a clocke , because it was about that time that the gifts of the holy Ghost were powred on them . For the Bishop must say to the Priest , Receive the Holy Ghost . And so one superstition is at jarre 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 downe 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 occasionall fasts for urgent calamities , and the miseries either of their owne 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 liturgie , or of the sacraments . Of some parts of the liturgie in such things as concerne all which are of that congregatiō , or some onely . Of such as concern all , as in the publick prayers , or reading of sacred homilies . In publike prayers eyther ordinary or peculiar to some time , and occasion . Their prayers are to be consi●ere● both in matter and forme . In the matter , as when in the collect upon the 12 sunday after Trinitie sunday , it is sayd , Almighty and everlasting God po●re do●ne upon us the ab●ndance of ●hy mercie giving unto us that , that our prayers dare not presume to ask . There is nothing which is needfull for us and lawfull , but wee dare and should aske 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 adversitie , as if the petition in the Lords prayer , deliver us from that evill one , or wicked one , to witt , the Divill should be translated , from all evill . 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 forme of their prayers is set downe 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 hee could pray with the tongue of an Angell , he● must be tied in time of their service , to the words which are set down in the booke . Sometime the Minister is enjoyned to beginne the Lords prayer with a loud voyce . Sometimes the Clarks and people are directed to say the Lords prayer with a lowd voyce at one time , and not another . Then againe their prayers are shred into many small peeces , 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 betweene . Prayers should be continued together ; not cut off and interrupted , or cut in small peeces . They doe with their prayers , as they doe with their Gospels and Episties ; which they rent from their contextis , which would serve for memorie and greater edification . They multiply words tending to the same effect ; using repetitions and babbling . How many Kyrie eleeson and Christe eleeson will they have at one time . At one and the same meeting of the Assembly , the Lords prayer is to be repeated 8 severall times , and Gloria patri 12 times . May not the Papists justly defend their beads . Glorie to the Father , &c. is not sayd 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 Ordinarie . 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 Chancell with his back to the people , as if he had some secret talke with God , which the● people might not heare . 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 betweene the people and the minister , or as though he were afraid of some infection of the plague , and indeed it renueth the memorie of the Leviticall priesthood , which did with-draw himselfe from the people into the place called the holiest place , where he talked with God , and offered for the sinnes of the people . The chauncel distinguished from the body of the Church , is their holy place for the Priest , and He hath a peculiar dore to this chancell , through which none might passe but himselfe , saith Borrow , For the ch●piters and letanie , there is commandement 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 perswaded , that the tenth Church in England hath not all the service said in that place , where the whole Church may heare it . They will rather stick to the Iewish or popish rites , and imitate Masse priests , then edifie Gods people . For mariage he commeth to the bodie of the Church , for Baptisme to that part , which is over against the Church-dore , and so trudgeth from place to place . The Letanie must not bee used but upon Sundaies , Wednesdaies , and Fridayes , except the Ordinarie appoint other dayes : the Minister propoundeth things to be prayed for , or against , the people performe the prayer , saying with a lowd voyce . Good Lord deliver us , we beseech thee to heare us good Lord , and this they often repeate . And yet one suffrage is put out of the letany , which was in it before , to wit , From the tyrannie of the Bishop of Rome , and all his detestable enormities , good Lord deliver us . They say certaine Psalmes and prayers over the corne and grasse , and certaine gospels at crosse-waies , saith Barrowe , In the service booke , the Curate is thus directed anent Homilies . After the Creed , if there be no Sermon , shall follow one of the Homilies alreadie set forth , or after to be set forth by common authoritie . Who knoweth what is hereafter to be set forth . The Survey of the booke of common prayer doth relate , that many points of Poperie and Lutheranisme , are broached in Court , and citie pulpits , and yet not called into question , as be Doctrines tending to the Reformation of Popish ceremonies . Iudg 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 reade Homilies . Hee ought to cut and divide the word aright , and apply it to particular sores , which cannot be done by homilies . What was said against Apocripha bookes , may be throwne 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 in stead of preaching the Word , which he could not , or reading of homilies which he would not ( to terrifie his Parishoners with the judgements of God , and to move them to repentance ) solemnly read , and published a counterfeit fable out of a little pamphlet , intituled , Strange newes out of Calabria , pretended to be prognosticated by M. Iohn Doleta . The parts of the Liturgie which concerne onely certaine persons are ●nens . 1. Celebration of matrimonie . In the first words uttered to the married persons by the Priest it is said , that Matrmonie signifieth unto us the mysticall union , which is between Christ and his Church . Then againe in a Collect after the conjunction it is said , O God which hast c●nsecrated the state of matrmonie to such an excellent mysterie , that in it is signified and represented the spirituall marriage , and unitie betwixt Christ and his Church . Is not this to apply these words , Ephes. 5. 32. This is a great Mysterie , 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 homilie of Swearing , Baptisme , and Matrimonie , 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 againe , and the woman taking the man by the right hand , giveth her troth . Then shall they againe loose their hands , and the man shall give unto the woman a Ring , laying the same upon the booke , 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 womans left hand . And the man taught by the priest shall say , with 〈…〉 thee wed , with my bodie 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 eternall God , &c. In the prayer , the ring given and received is said to be a token and pledge of the vow and convenant made betwixt them . Is there not heere an heap of toyes , 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 layed on the service booke , I know not to what end , except it be to sanctifie it , in stead of that blessing and sprinckling with holy water , which the Popish Priest used , as may be seene in the Romane Rituall . Then againe 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 explaned them . The words of the Apostle Peter , 1. Epi. 3. 7. giving honor to the wife , as to the weaker vessell , doe signifie onely honest care and follicitude , and to beare with her infirmities , she being the weaker vessell . For honor after the Hebrew phrase is largely taken . To give honor as to the weaker vessell , and to worship her with the body is farr different , as the word worship foundeth in our Language . The Apostle 1 Cor. 12. 23. saith , And those members of the bodie which we thinke to be lesse honourable , upon these we bestow more abundant honour , that is , with greater carefulness we cover , then wee doe other members : But we are not to worship the members , which are lesse honourable . The Priest is appointed to say to God in his prayer , that the ring is a token & pledg of covenant made betwixt them . If the ring had beene used onely at the contract , as a civill rite , it might have been comported with , but to bring it into the Church , I meane to divine service , is either to prophane the same with civill ceremonies , or pollute it with Popish and superstitious rites rather , as these are . For they were counted in time of poperie holy and religious rites of a holy Sacrament . The married persons must communicate also , as was the custome in time of blindnesse , where every holy action behoved to have a Masse : 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 publique place . Then againe 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 Councel of Trent , from Advent to the Epiphanie , from Septuagesima sunday to the octaves of Easter , from the Rogation weeke to the octaves of Pentecost , amounting in all to the third part of the yeare : as if marriage which is called honourable , did prophane these holy times . The councell of Trent hath dispensed with the Pentecost and the second they beginne at Ashwednesday . Now notwithstanding of these forbiddē times , they may get a dispensation for some money , and then it shall be lawfull enough , and these holy times shall receive no pollution ; for mony hath a great vertue with it . 2. Thankesgiving after childbirth . This is commonly called the Churching of women . I● standeth more in Psalmes , 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 communicat●●● with him 〈…〉 , as being ashamed to looke-up for some folly committed . When she commeth to the church shee must kneele downe high unto the place where the table standeth , that is , nigh unto the Quire dore , as the Rubrick in 2. Edward beareth , as the women did who after the dayes of their purification were ended , were appointed to bring their offering to the dore of the Tabernacle , Levit. 12. 6. unto the Priest , who shall make attonement 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 Moone by night . Is not this a very pertinent Psalme for the purpose ? The Lords prayer being sayd , and some versicles and answeres , and then another prayer , she doth offer her accustomed offrings : and if there be a communion she receiveth the communion . Call this churching a thankes-giving , yet what reason is there of publick thanksgiving in the Church more for deliverance after childbirth , which is ordinarie , then from drowning , or other extraordinary dangers , or diseases ? and of womē more then of men ? were not that the imitation of the Iewish purification is the Mysterie of it . And so was this service intituled in the booke 2 Edw. The order of the purification of women , as is reported in the Survey . This superstitious service is not voluntarie , but enjoyned : When they come to the grave , while the corp● is made ready to be laid into the earth , they sing , or say againe another parcell of Scripture out of Iob : 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 soule and is of assured hope 〈…〉 3. The visi●a and comfort of the sick . The Priest entering into the sickmans house sayth , peace be in this house , and to all that dwel in it . When he commeth to the sickmans presence , he kneeleth downe , and prayeth his prescript lines for forgivenes of sinnes , with two kyrie eleesons , and one Christe eleeson , the Lords prayer , and some other versicles and responsories ; when as yet he hath not spoken a word to the diseased , or understood , whether hee bee 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 liberalitie . Then shall the sick person make a speciall confession , if he feele his conscience troubled with any weightie matter , after which confession the priest shall absolve him . When he absolveth , he sayth . By his ( that is , o●r L. I. Christ ) authoritie committed to me , I absolve thee from all thy sinnes , 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 forgiue , not by way of deolaration . This absolution is seuered from the preaching of the word . For the dumb Gurat cannot preac● in thansgiving . This help is to live and walk● faithfully in their vocation , as if they were made uncleane by their childbirth to enterprise any thing . Shee will not stirre out of the house suppose she were never so strong , till the compleate time be expired , that is a month commonly . When she commeth forth , she is muffled 〈…〉 him , the communion . If others may not conveniently come neere him , yet the minister and he alone may communicate together : and for shortnesse of time , they have but one collect pistle and Gospell . Thus are the people nourished in an opinion of the necessitie of the sacrament , and the action which should be publick , and solemne , as the institution beareth , and the practise of the Apostolicall Church declareth is made private , & administred peculiarly in a corner , as if there were no other meane to eat the flesh and drink the bloud of Christ , of that grace were tied to the externall signes . 4. The Buriall of the dead . They have a threefold peale enjoyned 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 buriall , & another after the buriall . When the time of the funerals draweth neere , the Priest & the clearks make them ready . The Priest putteth on his surplice , and then commeth to the Church stile 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 sayd or read alowd 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 haue punished women for not being churched , sayth the authour of the petition to the Queen . Some are churched at home by the Priest , and therby saith the Surveyer They confirme women either in pride , if they be able to goe to church and will not , or in superstition if being not well recovered , they yet must needs be chur 〈…〉 of his resurrection to 〈…〉 againe is said or sung a sentence out of the Revelation , after the lesson , two Kyrie eleesons , with one Christe eleeson betwixt them , after that the Lords prayer : then the Priest prayeth , that God might histen his kingdome , that we with our brother , and all other departed in the true faith of thy holy name , may have our perfect consummation and blisse , both in body and soule . 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 looke for Christ to come from the East , and it is no easie matter to turne about if one rise with his face toward the west . This ceremonie is not enjoyned in the booke , yet it is usuall , as many moe , as a white or bla●ke crosse upon the mort-cloath , candles burning over the dead corpes in the house , the ●et-wand , cakes sent abroad to friends . The priest must have his offering , and beside that the ●ortuarie , wherof I made mention before . VVhosoever is not buried after this manner in church or churchyard , howbeit in a peculiar buryall place of his owne , he is ill deemed . But this you must note , saith Barrow , neither rich nor poore , neither yong nor old , can get bury all without money in the church of England : N● peny , no paternoster there please the Priest , and then he will burie his brother , and pray for , and over him , whatsoever he be , so far as his booke will goe . The minister is so tied to this office , that if he neglect it at any time , he is to be suspended from his ministerie by the space of three monethes . So they make that a part of the Ministers function , which is not a ministeriall dutie , nor at any time , let be ordinarily , performed by ministers in the Apostolicall Church . Howbeit the Iewes had not so cleare a light in the resurrection as we have , yet did not the priest reade prayers , and fragments of Scripture at burials ; nay , they are expressely forbidden to be present at them . Funerall Sermons cannot be made without acceptation of persons . For if it be the Ministers office , he ought to make them as well at the buryall of the poore , as of the rich . It is required , and so is made to serve more for pompe or superstition , then for edification of the living . Men that never were greedie 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 funerall Sermons , then the Papists . VVhat lying commendations are made of the dead , howbeit never so vitious , all men doe know . Neither doe these hired Orators , or Sermon-mongers , lie for nothing . They must have either a mourning gowne , 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 gowne , which causeth the papists to open their mouth wide , and to say that the Merchandise of Sermons is much dearer , then of the Masse : for that they have for a gr●ate , or sixe pence , and the Sermon they cannot have under ● rounder summe . The Rubricks serving to direct to the maner of administration of the Sacraments , are for the administration of Baptisme , 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 Baptisme and the Lords Supper : Next , it is said in their Catechisme , that there be onely two Sacraments , as generally necessarie to salvation , that is to say , Baptisme , and the Lords Supper : implying that there are other Sacraments peculiar , not generall , as matrimonie , and orders : and others generall , but not necessarie to salvation , as Confirmation . In the Preface before Confirmation are set downe these words : And that no man sh●ll thinke that any detriment shall come to children by deferring of their confirmation , he shall know for 〈◊〉 that it is certain by Gods word , that children being baptised , have all things necessarie for their salvation , and be undoubtedly saved . These words imply three things , first , that all children baptised be undoubtedly saved ; secondly , that children unbaptised be not undoubtedly saved ; thirdly , that confirmation is not absolutely necessarie to salvation . Estius a papist , saith the like of Confirmation . That the custome of the universal Kirk doth prove sufficiently , that confirmation is not necessarie to salvation , otherwise the godly and carefull mother the Kirk , would not neglect to see this Sacrament ministred at the point of death . 1 Of Baptisme . In the preface to baptisme they commend the ancient custome of baptizing onely at Whitsuntide and Easter , except in the case of necessity , which was a superstitious and damnable custome . They say in this Preface , they will follow this custome , as neere as they can , therefore doe ordeine , that Baptisme be ministred onely upon Sundaies , and holy daies . Vpon any ordinarie preaching day then , they must not baptise , except it be coincident with an holy day : as if baptisme were not as holy a Sacrament ministred upon an other day , as upon an holy day . The child must be baptised at the font and therefore the Priest must come to that part of the Kirck , where the font is , over against the church dore , for that wanteth not a signification ; to signifie the entry of the child into the church . He must not be baptised , 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 aske , if the child be baptised or no. In the first prayer the priest saith , that God by the baptisme of his Son , did sanctifie the s●oud lordan , and all other waters to the mysticall washing away of some ; as though vertue vvere in the water to wash away sinne , or as though Christs baptisme at one time , and not Christs institution , which serveth for all times , did sanctifie the element . In the second prayer he saith , that they comming to thy holy baptisme may 〈◊〉 remission of their sinnes by spirituall 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 paganisme , who were able to answer to the questions demāded : absurdly & foolishly now they demand of the infants , or their godfathers in their name . The interrogatories are these , doest thou forsoke the Divill and all his works &c. Doest thou beleeve &c. Wilt thou be baptised in this faith ? The child hath not understanding , nor faith , nor desire of baptisme . And how be it the child had faith , can the Godfather tell absolutely , and in particular , that this child whom he presenteth , doth beleeve , desire baptisme , or forsake the Devill . It is a foolish thing therefore , and great mockerie of Gods service to demand that of infants , which was at the first demanded of such , as were come to yeares 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 seale 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 owne faith , and not of the faith of the child , which is not , because their owne faith is the condition of the covenant upon their part , wherupon 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 baptisme , but that the father should , or can resigne this duetie to another , I deny . Before the Priest dip the child in the water he sayth in his prayer , grant that all thy servants , which should be baptised in this water , may receive the fulnes of grace . This prayer was read in 2 E. once every moneth at the changing of the water in the font , as is sayd in the Survey . Howbeit it be now placed in the baptisme it self , 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 baptised in the name of the Father , Sonne , and holy Ghost . the Priest maketh a crosse upon the childs forehead , saying , We receive this child into the congregation of Christs flocke , and doe signe him with the signe of the crosse , in token that hereafter he shall not be ashamed to confesse the faith of Christ cru●ified , and manfully to fight under his banner , against sinne , the world , and the devill , and to continue Christs faithfull souldier , and servant unto his lives end . He sayth not we have received , but we doe receive , as if the child were not received by baptisme , but by crossing , or as if the child were againe received by crossing which was before received by baptisme . This signing with the crosse is no decent gesture : It is rather like a Iugglers gesture , then a gesture of decencie , and comelinesse . It must then be used , as a symbolicall , and significant rite . But we have no such signe set downe in the word , as to make two crosse lines in the aire with our fingers , to represent the crosse of tree , or to signifie unto us that we should not be ashamed to confesse the crosse of Christ , &c. Thou shalt make unto thy selfe no image , that is , any representation forged in thy owne braines to be set up in the worship of God. Admit once the aereall cross in baptisme , yee cannot refuse to set up the the materiall crosse , and the Rood in the Kirck , nor the woodden or stone crosses in the high wayes . For all may signifie the same thing , that the crosse on the forchea● . And by this reason every one may weare a Giver crosse upon his forehead also . Further not onely other significant crosses materiall may be brought in upon this ground , but also all the rest of the beggarly ceremonies of baptisme , to deface & deforme the puritie , plainnes , and siniplicitie of Christs institution . As to put salt in the mouth of the child , to annoynt with oile the breast & shoulders , and the top of the head with holy chrisme and to put a burning taper in his hand , &c. for these toyes had their owne glorious significations as well as the Crosse. Lastly what doth in signify , but that which is already signified in baptisme . The same valour and courage & constant prosession & fightiug under Christs banner , is a part of that grace , which is sealed by baptisme . 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 dyed on the crosse . Who did sanctifie this signe for such an use ? Are men able to doe it ? It was made also a consecrator of water , bread , and wine , and all other holy things in time of poperie , for the which corruption we ought to abhorr it . Againe , we signe that 〈◊〉 in token , that he shall continue Christs saithful souldier to his lives end : these words ( shall continue is his lives end ) compared with the like in the Epistl● of the 22. Sonday after trinitie ) God shall continue the worke in you to the end shew unto us , that wee use the crosse for a pledge to give assurance to the child to continue in grace to the end ; which if it bee so then it serveth to work faith , and is used effectively , sayth Parker . Hooker sayth , that there cannot be a more forcible meane to avoyd 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 sinfull use of it for the present , the horrible abuse of it in times by-past , and the danger and perill of these same abuses are sufficient to remove it out of this holy sacrament , where it is set up in such honourable state beside the Lords owne altar . After the signing with the crosse , the Priest sayth , Seeing now dearly beloved brethren , that these children bee regenerated , and grafted into the body of Christs congregation , and not before the crossing . Privat baptisme is administred in privat houses , sometime by a privat person , sometime by a publick . Howbeit it be not enjoyned by law , not prescribed by their service booke , that lay men or women shall baptise in time of necessitie , yet it is permitted and allowed in their practise , and hath been defended by Whitgift and Hooker in print . When it is administred , they call upon God , and say the Lords prayer , if the time will suffer . Then if the time wil not suffer they omit prayer . So that not onely they omit preaching , & the doctrine of the sacrament , but also praying , if there bee haste . If the child live , it is brought to the Church , and the maner of the privat administration is tried . The minister demandeth , by whom was the child baptised : and because some things essentiall to this sacrament may happen to be omitted through feare or hast in such time of extremitie , he demandeth of those who bring the child , with what water and words was the child baptised , and whether they think the child to be lawfully and perfectly baptised . If a lawfull minister did baptise the child , these demands were needlesse . We may perceive also to what indignitie and prophanation the sacrament is exposed , in that it must bee ministred with such haste , and feare , that the ministration of a sacrament being intended , yet it may prove to be no true sacrament , because it is marred with haste and feare . The Lord doth not allow his sacraments to be so prophaned , but to be administred with gravitie , with due time and leasure , without feare , that may make the minister miscarry in the action . If after triall he finde 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 Lords prayer . Then he asketh of them , the questions whereof we made mention before in publike baptisme . If these , who bring the infants , doe make uncertaine answers to the Priests demands as that it cannot appeare that the childe was baptized with water in the name of the Father , and of the Sonne , and of the holy Ghost , the Priest baptizeth the child . Then howbeit that it appeare not , that a lawfull minister did baptize , that shal not move the priest to baptize the child : wherby we may see , that baptisme 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 forme of words : If thou be not already baptised , I baptise thee in the name of the Father of the Son and of the Holy Ghost , Amen . But what if the child be already baptised , is it not now re-baptised in publique . Again , in private baptisme the Congregation is neglected . The Church hath interest in the baptisme 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 publiquely , before that the childe receive the seale of the covenant . Wee see then , what are the fruits of private baptisme ; baptisme by private persons , lay-men and women , unworthy handling of such a Mysterie for feare and hast , baptisme by supposition , and rebaptization , &c. Adde , that it doth foster an opinion of the necessitie of baptisme , or rather is grounded upon it . It is said in the Preface before Confirmation , It is certaine by Gods word , that children being baptized have all things necessarie for their salvation , and be undoubtedly saved . Yee see , they affirme that all baptised children be undoubtedly saved , and againe , doe imply in these words , that for all such as are not baptised , we have no sure warrant , hat any of them shall be safe . The Bishop of Canterburie in the Conference at Hamp●on Court , affirmed , that , If an Infant die baptised , there is evident assurance , that it is saved , wheras the state of an infant dying unbaptised is uncertaine . Is not this sound Divinitie ? The Surveyer of the booke of common-prayer relateth , that by occasion of private baptisme , many children be baptised by Masse-priests after the Popish manner , and many bastards concealed . Many pretend infirmitie , when they need not , and the solemnizing of private baptisme in publique is often omitted . 2 The Holy Supper . The Sacrament of the Supper , as also of baptisme , may be ministred amongst them without any Sermon made , or doctrine upon the Sacrament which is to be ministred ; yea , it is ministred by such as cannot teach . In their latest canons it is said plainely , that both the Sacraments be equally effectuall , whether they be ministred 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 baptised by a minister that is no preacher , and to receive the holy Communion of his hands in the same respect , as though the vertue of these Sacraments did depend upon his abilitie to teech . And therefore it is ●r●a●●ed in that canon , that they shall first be suspended , persisting in their wilfulnesse , and then after a monthes obstinacie excommunicated . A Minister it is true is no part of the essence of the Sacrament , as a Sacrament is defined to consist of outward signes , and invisible graces , yet is a Minister necessarie to the right and lawfull 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 lawfull Minister , but him who is able to teach . Christ joyned 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 Seales , and to those onely . Tryall 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 poperie . The communion table is not onely covered at the time of ministration , with a faire linnen cloath , but also in the 82 canon it is ordeined , that the same tables shall from time to time be kept and repaired in fufficient and 〈◊〉 maner & covered in time of divine service , with a carpet of silk , or other decent stuffe thought meet by the Ordinarie of the place : as if the communion table were to be regarded more the other common tables after the action is ended , wheras the very elements themselves extra usū , out of the use of the Sacrament , are but comon . This is done in imitation of the popish rich altar cloths . The table being covered with a fair linnen 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 Lords prayer & a collect , then he rehearseth distinctly all the to comand . & the people kneeling , after every command . ask forgivenes . The people of Israel kneeled not when God himself pronounced the Law from mount Sinai , howbeit they saw the mountain smoking , and lightnings , &c. Gods word uttered by man then should not bee received with kneeling . VVheras the last praier is sufficient to conclude with : the repetition of it at every commandement is superfluous battologie . 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 Gospell . The epistle and the gospell being ended , he saith the Creed , after the Creed , if there be not a Sermon , he readeth some Homilie alreadie set forth , or that shall hereafter be set forth . After Sermon or homilie , the people is fore-warned of the Holy-daies , or fasting daies of the next weeke following , and are earnestly exhorted to remember the poore . Then the Church-wardens , or some other by them appointed gather the devotion of the people , for so is the almes called , and upon the offering dayes appointed , every man and woman payeth to the Curate the due , and accustomed offerings : then the Priest prayeth that God would accept of their almes , & for some other things . Then he readeth a short exhortation : then a generall 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 himselfe : 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 againe , 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-daies , the Priest kneeleth down againe , sayth a prayer in name of all them who are to receive the communion . As soone as that is ended , without any other action intervening he standeth up againe and sayth another prayer . In this prayer he rehearseth the words of the institution to God , as the preist doth when he consecrateth the bread and wine in the Masse . For he doth not first end this prayer , and then turne him to the people to informe them of the institution , by rehearsall of the words , but uttereth them in a continuall tenour with this prayer speaking to God. O horrible prophanation 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 signes , taking , eating , drinking , and inwardly in their minds , should be meditating on the signification , and the fruit and benefite which they reap by Christ crucified , and consequently cannot without distraction of mind from this employment of the soule and meditation , pray a set , and continued prayer to God , or cannot meditate and be employed in the present action without distraction of minde from the prayer , and therefore either they pray unreverently , which they will not grant , or doe communicate this gesture of adoration to the other imployments of the soule , 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 confesse , that they commit idolatrie . Kneeling is no decent gesture for a table : for commoditie , they say , maketh decencie , but this gesture is confessed not to be commodious , as sitting is . It is then enjoyned for another reason , to wit , fot reverence : but to kneele for reverence and religious respects is ever adoration in the highest degree . To kneele for reverence , that is to adore , is not enjoyned here for prayet , neither may prayer lawfully be enjoyned in time of another action and part of Gods worship to bee performed by the same person . And suppose it were enjoyned 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 onely superadded by man. Let them frame their canons and acts as they please , and suppresse , that they kneele 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 kneele for adoration , they cannot carie 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 Authour of the Survey . The Priest giveth the bread and the wine to every one severally out of his own hands . When the cup is to be caried from one to another , the communicant is too prophane 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 therfore gave the bread and the wine , he sayd in the plural number , Take yee , eat yee , &c. The English priest speaketh in the singular number , when he giveth the elements , he annexeth not Christs 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 Gods 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 wil with their own mouths pray again . When the minister prayed , did they not in hart pray with him ? if they did , wherfore repeat they every petitiō ? And when they repeat , doth the minister pray againe the same words in his hart , which before he uttered with his tongue ? Or is the toung 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 ministred 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. Chappell . Wee have seen the particulars of the Priests function , whereunto Mucket doth subjoyn that he must weare a surplice in the administration of the particulars foresaid , that is , in reading morning and evening prayer , churching of women , celebration of matrimonie , at burialls , administration of baptisme , and the Lords su●per . And if he hath taken on any degree in the Vniversitie , he must weare such a hood as appertaineth to that degree . In cathedrall and collegiat charches , the communion is to be administred upon principall feast d●●es , sometimes by the Bishop if he be present , and sometimes by the Deane : and at somtimes 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 weare a hood under pain of suspension . Notwithstanding it shall bee lawfull for such ministers , as are not Graduats to weare upon their surplices in stead of Hoods , some decent tippet of blacke , so it be not of sil●k . For their ministring garments we say first , they cannot be sayd to be enjoyned for distinction . For the place they occupie in the time of their ministration , doth of it selfe distinguish them from all others , who see them at service . They serve not for comelinesse , and gravitie , but are rather ridiculous , and stagelike , meeter for fooles and comedians , then for ministers . And if gravitie were respected in them , they should be worn ordinarily , and out of the true ministration . For he must not cast off his gravitie , when he hath ended divine service . It is then for mysterie or signification , that they weare them . The white colour of the Surplice signifieth angelicall puritie , for the Angels appeared in white . So are they painted with wings to signifie their readinesse to do their office . But significant garments belong to the priests of the Leviticall tibe , and not to the ministers of the new testament . It is beside a lying signe of that purenesse which is not nor cannot be in sinfull men . In the angels it might have represented as well their glory as their purenesse from sin . The Surplice was esteemed so holy in time of poparie , that no priest might say service , nor doe 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 weare it , as is sayd in the abridgement of the ministers of Lincolne . By what reason the Surplice and cope are retained , by the same reason the rest of the Masse-priests and Bishops vestiments may be reduced . The ministers of the Gospell should not bee made conforme in fashions , let be in mysteries and significations to Popish Priests , not weare 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 weare 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 colledges are ordained to weare Sarplices in charches St chappels upon all Son layes , holidayes , and their E●●es . The originall of this is observed in the abridgement fore sa● to be this . It is enioyned to all that are admitted to the very lowest degree of their clergie , which they call primam tonsuram . And this was it which brought that custome into the universities , that every student should at certaine times weare the Surplice in divine service , because they did in their matriculation receive this primam tonsuram , and first entrie into the clergie . I may may not insist upon this poynt , nor the rest that follow , being forced to end within this sheet . In the Deacon is likewise to be considered his externall calling and function . His externall 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 poore , 2. to assist the minister in celebration of the supper , 3 to blesse them who are to be maried , 4. to burie the dead , 5. to baptise , and preach , if he be called thereunto . In the book of ordering Priests and Deacons , the Deacons office is sayd 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 thinke him fit , and in inquiring into the state of the poore , 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 authoritie to read the Gospell in the Church of God , and to preach the same , if thou bee thereto ordinarily commanded . Hee needeth not a new calling to the ministerie , and therby be inabled , but remaining still a Deacon , he may by the Bishops warrrant and licence be authorised to preach . The Apostles instituted Deacons to an other 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 retaine 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 excellencie then the other . May the one bee ministred 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 abilitie 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 poperie , proper to a priest , to wit , the offering of a sacrifice . The Deacon then is not halfe a minister , but almost a whole , and he may preach with licence , or at command of his ordinarie , as well as the Priest. What need I to insist upon such grosse 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 fabrick of the temple , of the sa●ctuarie , of the bibliotheke where the book of Homilies , and service-book lye , vergerers , bellmen , singing men and boyes . Many idle and chargeable officers are fed in these dennes to uphold the pompe of a cathedrall church , and that to the great detriment of other churches . In the Parish church they have not a Senat of Elders to joyne with the Pastor for governing the same , but two or three Churchwardens to see the Kirke be watertight , and furnished with all the ornaments and utensils , to provide for the booke 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 , & burialls , together with the Priest , to intimate any contribution which is to be made for some publick work : and lastly , to be the Bishop and Archdeacons spie , to delate or present offenders , howbeit for the most part they bee perjured , and offences are winked at , and suffered to passe 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 Church-wardens are made officers and servants . The possessions are either publicke , or private , &c. Heere are reckoned for the possessions belonging to the Church , bookes , vestiments , the ornamentsand implements of the Kirk , the Kirk it selfe , houses , mannours , woods , forrests , parkes , ponds , fountaines , rivers , medowes , pasturage ground , arable ground , Baron courts Hundreds , and Lathis , Tithes , oblations , obuentions , pensions for indemnit●e , procurations , Synodals , fees , immunities , liberties , priviledges , &c. It were ●edious to insist upon the use of every one of them in particular . They are either superfluous and excessive , or unlawfull , or bestowed upon the wrong person . The constitutions anent both persons , and possessions , &c. There is a controversie among the Lawiers , what Canons and Constitutions of the Canon Law be in force among them . Some of best judgement thinke it to be altogether abrogate , except so much as is particularly ratified by Statute . They themselves doe hold , that all the former canons of the canon law , all the constitutions , and decrees , nationall or provinciall , which were in use before in the Ecclesiasticall Courts , which are not repugnant to the Statutes , and municipall lawes of the Realme , or to the late constitutions established by publiqu authoritie , nor prejudiciall to the Kings prerogatiue and privileges , make up the Ecclesisticall lawes of England , and accordingly put the same in practise . There Canon law , the popes Testament then , is there principall Law booke . THinke not , good Reader , that I have made a perfect Discoverie of the English Church-policie : for that requireth the skill and paines , of the most judicious and painfull 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 yeeld to a few of their Popish corruptions . Some few will draw on the rest , and the whole will make way for full Poperie to re-enter , in the owne time , which approacheth very neere in outward appearance , unlesse the Lord prevent . Hee 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 Authour , a yong man , trimmed up a tale with many circumstances , to make the mis-report the more credible . But if ever he required by letter , the judgement , either of that supposed Authour , or of any other man else , anent their opinions , then let him never be reputed for an honest man hereafter . If hee had dou●ted , he would not have sought resolution from yong schollers , and unsetled braines . The ground being false , all the rest of the circumstonces builded upon it are knovish forgeries also . If either Spotswood , or his supposed Authour , persist 〈◊〉 their caluninie after this declaration , I shall try if there be any bloud in their foreheads . FINIS . Notes, typically marginal, from the original text Notes for div A17571-e130 The Table . Sander , de Schism . Anglic . lib. ● . p. 227. Rastall , Bishops , 9. F●x . p. 1405 1406. Pag. 680. Pag. 381. Pag. 70. Rastall , ●irst fruits . 6. Confess . fidei ● . 35. Notes for div A17571-e980 Pag. 249. P. 27 , 28. ● . 28. P. ● . Notes for div A17571-e1730 De polit . c. ● . Lib. 3. c. ●● num . 1. Hist. 1. 3. c. ●● . T. C. 2. Reply , p. 644. Can. ●● Camd. Brit. p. 181. Sess. 34. c. 3. D. ● reform Down . def . ● . 2. c. 6 p. 112. 113. Whitgift . p. 440. Camd. Br● 181. Abstract . 237. ●md . Brit. 181. P. 3. ●stal Rom. 2. Reply . ● . part , p. 97. Pag. 227. ● . Reply , 2. part . p. 178. 179. P. 178. Cap. 3. v. 1● P. 59. 597. Pelit . Anno 1603. Can. 46. 2 Repl. 1. part . p. 355. ●astal . residence . 2. P. 10. 1. Reply p ▪ 46. P. 71. Can. 41. P. 132. Camd. Brit ▪ p. 181. Notes for div A17571-e3240 cap. 2. Act. 1● . Act. 21. Of the chur . 1. 5. c. 28. p. 142. 143. De clericis , cap. 8. ● . 5. P. 143. P. 142. Defens . 1. 3. p. 150. 1. Reply p. 97. P. 274. 275. P. 102. P. 6. Of the chur . 5. c. 27. ●ontra Lu●eranos . 〈◊〉 Psal. 26. ●n aqui . tom . 〈◊〉 disput . 36. ●ct . 1. Camd. Bri● . 170. P. 49. De Polit. p. 318. De●ep . eccl . 1. 5. c. 9. nu . 38. 39. De polit . p. 316. Of the chur . l. 1. c. ●5 . 5. c. 9. nu . 2. 23. 24. Assertion 〈◊〉 ●hurch 〈◊〉 , p 41 9. ● . Discover . 241. p. 182. P. 328. l 5. poenis . cap. euenit . Of the Ch. ●5 . c. 27. P. 61 P. 8. Assertion of ●rist Poli. ●ag . 187. Mucket 325. 326. De vit● & honest . 〈◊〉 corum . ● . 1 S à crapule verb vigilan●er . Volum . 2. D●●repudijs & Divortjs . p. 3●5 . De testamen● 〈◊〉 cap. ●em verb. extorqueant . P. 105. 106 ●●art . 1. p. ● . P. 99. L. 1. de consuetud 〈◊〉 , statutum . P. 113. Assert . of Christ. poli . p. 73. 74. Lib. 3. cap. 8. num . 13. P. 219. Notes for div A17571-e5720 De sequest● . c 1. veodo Vicarios . l. 5. p. 153. 〈◊〉 juris ●anonici . 92. Lib. 5. p. 15. ●anisius in 〈◊〉 pag. ●1 . 92. sucket , p. ●4 . Id Evag. ●●st . 85. Reply . p. ● . Lib. 5. p. 15 ▪ 153. Canon 101. ●etition to ●be Queene . 70. P. 175. P. 387. 388. Anno 1584. P. 392. Can. 12● . 2 Reply , 2. part . pag. 96 ▪ P. 17. P. 50. P. 58. P. 213 ▪ Notes for div A17571-e6560 Cap. 9. pag. 339. Bleyni . introduct . p. 422. Se Damasus , Decretal . 2. Reply . 1. part . p. 525. Ad Eva●● . L. 5. p. 158. Can. 35. 6● L. 2. cap. 9. n●m . 15. Pueket p. 24. De iudicijs cap. Quidam . 1. 5. p. 150. De Consti●utionth cap Qui●● verb ●●pitulis . Pag. 15. ●ialog . l. 4. 26. Reply . pa. 3. 164. 165. 〈◊〉 . 2. quest . 〈◊〉 . art . 2. ●●g . 4. 〈◊〉 ▪ 336. Lib. 5. p. 15● ▪ Pag. 151. Pag. ●0 ▪ De Clerici cap. 16. Notes for div A17571-e7300 Instit. lib. ●● cap. 5. Se●● Can. 33. Pag. ● . Pag. 15. Pag. 309 ▪ ●●stract . p. Reply , 1. ●rt . p. 298. 2 Reply 1 part , p. 133. p. 110. Abstract p. 83. p. 236. 237. p. 238. 2. Reply . 1. part . p. 537. 148. P. 245. Assertion , p. 258. 259. Assertion , p. 259. P. 252. P. 5. P. 52. C. 1 Repl. 104. ●dm . p. 47. ●● . 93. lm . p. 14. P. 65 〈◊〉 . ●0 . 66. Discov . p. 8● Disco . p. 82. De cultu ●anctor . c. 15. Discov p 84. ●an . 31. T ● 1. Repl p. 108. Abridg● p. 35. Survey of the B. of cōmon prayer , p. 47. 1. Repl. pag. 105. Disc. p. 131. p. 105. ● . part . p. 187. Survey of ●he B. of 〈◊〉 pray●●●● . Disc. pag. 6 P. 6● . Assertion the true ● Christian pol. pag. ● . 〈…〉 Rituale R● manum , p. 174. 175. P. 147. 〈…〉 P. 62. P. 149. ●isc . p. 127. 128. 1. Reply p. 16● . Pag. 16● lib. 4. sent . ist . 7. Can. 3● . 1. Part. p. 34. L. 5. c. 65. Can. 57. ● . 72. P. 81. P. 344. Can. 24. P. 5● . P. 37. Notes for div A17571-e9960 Mucket p. 299.