Sixteen New Queries, Section I – XII
I.
QUO IURE: Can our Arch-Bishops, Bishops, and their Officialls graunt Lycenses, for money, to any of his Majesties Subjects to marry without asking Banes, it being directly contrary to the Statutes of 2. & 3. Ed. 6. c. 21. 5. & 6. Ed. 6. c. 12. And to the Rubricke before the forme of solemnization of Matrimony in the Common-prayer booke, confirmed by Parliament, 1. Eliz. c. 2. which prescribes thus: First that the Banes must be asked three severall Sundayes or Holy-dayes in the time of service, the people being present, after the accustomed manner; and if the persons that should be marryed dwell in divers Parishes, the Banes must be asked in both Parishes, and the Curate of the one Parish shall not solemnize Matrimony, betweene them, without a Certificate of the Banes being thrice asked from the Curate of the other Parish.
Whether if Marriage be a Sacrament (as the Papists hold, who yet deny it, as an unholy-thing, to all their holy Cleargie-men, and religious persons, a strange contradiction) or an Ecclesiasticall thing, as our Praeliglates deeme it (though common to pagans, and some kind of fowles and beasts, and so truely civill and naturall, rather then Ecclesiasticall, if it be not *See Summa Angelica & Summa Rosella tit. Simonia.Symony in them to sell Licenses, and take money for Marriages, and whether his Majestie, who can onelyonly dispence with Lawes, and this Rubricke in the Common-prayer Booke, it being a chiefe branch of his Prerogative Royall) may not justly call all our Praeliglates, and their Officers to an account for all the money taken for such Licenses (and also for Lycenses to marry in prohibited times, as they terme them, as meere oppressions and device to get money, there being no Law of the Realme nor Canon of our Church, prohibiting marriages in those or any other seasons whatsoever, which are alwayes free and lawfull for marriages, aswel as for Christnings and Burialls &c.) from 21. Iacob. till now (which money amounts at least to 40000. p. or more) they having no right or title to it by any Law or Patent extant?
II.
By what Law can our Praeliglates (as now they begin to doe) consecrate Churches, Chapples, or Church-yards, as if they were unholy and common places before, unfit to be prayed in: contrary to Acts 10. 14. 15. 1. Tim. 2. 8. Iohn 4. 20. to 25. contrary to the practise of Christ and his Apostles, who consecrated no Churches or Church-yards, and gave no such commission to Bishops or any others to doe it, but men together in private houses, and unconsecrated places to receive the Sacraments and preach Gods word, Acts 2. 46. c. 5. 42. c. 20. 7. 8. 9. c. 18. 7. 11. c. 19. 9. 10. c. 28. 30. 31. Rom. 16. 5. 1. Cor. 16. 19. Col. 4. 15. Philem. 2. Marke 14. 12. to 27. Luke 22. 16. to 24. contrary to the practise of the primitive Christians for above 300. yeares after Christ (as the third part of the Homilie against the perill of Idolatry p. 66. 67. resolves.) Contrary to the Statute of 15. R. 2. c. 5. which adjudgeth it Mortmaine, and contrary to the Statute of 3. and 4. Ed. 6. c. 10. 1. Eliz. c. 2. 8. Eliz. c. 1. which abolisheth and inhibites all other Rites, Ceremonies and formes of consecration (with all Popish Ceremonies and Pontificalls, wherein the manner of consecrating Churches, Chappells, and Church-yards is prescribed) but such as are onelyonly prescribed in the Bookes of Common-prayer and ordination, in which there is not one syllable of consecrating Churches, Chappells, or Church-yards, or any one Statute of the Realme, or Canon of our Church since the beginning of Reformation prescribing or allowing it.
If they say, that the Temple at Jerusalem was dedicated, and that the Tabernacle and Altar among the Jewes was also consecrated. Ergo our Churches, Chappells and Church-yards must be consecrated by their Lordships. I answer.
First, That the *2. Chron. 6 &c. 7. 7.Temple was consecrated by Salomon: and the †Exod. 30. 22. &c. &c. 40.Tabernacle and Altar by Moses, the one a King, the other a temporall Magistrate, (who consecrated Aaron alsó and bis sonnes, and ordained them Priestes) neither of them a Bishop or High-Priest, therefore if any such consecrations are to be made, the King and temporall Magistrats ought to make them, not their Lordships, as Hospinian prooves at large, de Origine Obedirationum c. 1. fol. 104. where hee concluds thus: Hoc autem authoritas antiquitus semper fuit Politici Magistratus: and that as well among the Pagans as Christians.
Secondly, They had a commaund from God for the one; but their Lordships have none for the other.
Thirdly, These Consecrations and purifyings were part of the Ceremoniall Law; and so quite abolished by Christ, Acts 10. 14. 15. Iohn 4. 20. to 26. 1. Tim. 2. 8. Col. 2. 13. to the end. Heb. 8. and 9. therefore not now to be used.
Fourthly, The Temple, Tabernacle and Iewish Altars were consecrated and hallowed, because Types of Christ, of which our Churches, Chappells and Church-yards are no Types.
Fiftly, The Iewes never consecrated their Synagogues (in which they had no Altars) nor yet their Burying-places, in lieu of which our Churches and Church-yards succeed: Therefore if their Lordships will imitate them, they must not consecrate Churches, Chapples or Altars, nor yet have any Altars in our Churches, much lesse take 20. 30. or 40. p. for consecrating them, as some of them have done, it being *Summa Angelica & Rosella tit. Simonia & consecratio Ecclesiaelig.Simony in the highest degree, and nothing due by the Cannon Law but a dinner.
III.
By what Law of the Land can our Bishops, Arch-Deacons and their visitors in their visitations take money for procurations of those Churches which they visite not in persone, or more money for procurations, then will defray their dyet and horse-meat, there being no †Lindwode de Censibus & procurationibus, where all this is resolved.more due by their owne Canon Law, and that onelyonly for the Churches they personally visite: Or by what Law or Canon can they take money of Ministers or Scholemasters for shewing their letters of order, or lycenses to preach, or teach schoole; or of Church-wardens and others for presentments. There being not one *Lindwode ibid. & 23. Eli. c. 1.penny due by Law or Canon to them, much lesse by Patent or graunt from the King? And whether may not his Majestie lawfully call all our Arch-Bishops, Bishops, Arch-Deacons, and their visitors to an account for all the money and extorted Fees, thus taken by them in their visitations, and likewise in their Consistories, for probate of wills and Letters of administrations, where they take twice, thrice, yea 4. or 5. times as much as the Statute of 21. H. 8. c. 5. allowes them, (which is but 5. s. at the highest, where the goods amount to 40. p. or vpwards) and punish them all in Starre-Chamber for extortion (as hee hath lately done many Officers in his temporall Courts, since these their execrable extortions, taken duering his Highnes raygne, will amount at least to 100000. p. as much as the Cleargie gave to King Henry the 8. to exempt themselves from that premunire they had incurred by submitting themselves to Cardinall Woollseyds power legatine.
IV.
Quo Iure: Can any D. of the civill Law, or other Chancelor, Vicar generall, Officiall or Commissarie to any Prelate or Arch-Deacon, exercise any Ecclesiasticall Iurisdiction vnderunder them, without speciall lycense and Patent from his Majestie or his predecessors Royall, it being directly contrary to the expres Statute of 37. H. 8. c. 17. which ordaines, that the Kings Majestie, his Heires and Successors shall ordaine, constitute, and depute all Bishops and Arch-Deacons, Chauncellors, Vicars generall, Commissaries, Officialls, Scribes and Registers (or els it gives them no power to execute any Ecclesiasticall Iurisdiction) and that by speciall letters Patents, (as appeares by 1. Eliz. c. 1. and 8. Eliz. c. 1.) which Patents they all now wanting, cannot exercise any such Iurisdiction, and so all their proceedings are meerely voyd, and their places in his Majesties disposall, to whom they ought to be accountable for all the proffits they have already unjustly received in these their usurped offices.
V.
Whether is it not now meete and convenient for his Majestie to appoint one of his Nobles, or some other learned Layman, to be his Vice-gerent generall for good and due ministration of Iustice to be bad in all causes and cases, touching the Ecclesiasticall jurisdiction, and for the godly Reformation, and redresse of all errors, heresies and abuses in our Church, to take place of and sit aboue the Arch-Bishop of Canterbury, and all other Lord Bishops in all places; according to the Statute of 31. H. 8. c. 10. yet in full force; to bridle the pride, curbe the insolencies, redresse the usurpations, Extravagances, Innovations, and take away the pretended Ius Divinum, of our Lordly Prelates, directly repugnant to this Act, and to 26. H. 8. c. 1. 28. H. 8. c. 10. 31. H. 8. c. 9. 31. H. 8. c. 31. 34. and 35. H. 8. c. 17. 35. H. 8. c. 1. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. On which I would desire their Lordships to chew the cudd, to abate their favour.
VI.
By the Statute of 37. H. 8. c. 6. Every person or persons that shall cut out, or maliciously cause to be cut out the tongue of any person, or shall maliciously cut off, or cause to be cut of the eare or eares of any his Majesties Subjects, is to render trible damages to the partie, and so forfeite 10. p. sterling for every such an offence to the Kings Majesty and his Heires: And 5. H. 4. c. 5. makes it felony for any man maliciously to cut off any mans tongue, or put out his eye. Whether then our Lord Prelates and their Officers for cutting out our faithfull Ministers tongues, and closing up their mouthes that they may not preach Gods word to their people, and cutting of some Laymens eares, and threatning to have the eares of more, that they may not heare Gods word, (and that maliciously against the Lawes and Statutes of the Realme) are not fellons within the latter of these two Acts, and Malefactors in the first, to render ireble damages to the parties greeved, and maymed by them, and to make a fine to his Majestie, is a question worthy resolution.
VII.
Whether these Lordly Prelates that have stood mute for one, two, or three yeares space and more, and never preached, nor given answer to these Quaeligres; refusing to put themselves to the tryall of God and their Countrey, for their Episcopall pretended Ius Divinum, and other their fore-mentioned usurpations and exactions upon his Majestie and his Subjects, are not by the *28. Ass. 19. 40. Ass. 40. 43. Ass. 30. Stamford. l. 2. c. 60. Fitz. Ca. 27. 30. 36. 51. 53. 56. 58. 71. 72. 191. 218. 225. 233. 283. 359. Br. Pa. 1. 2. 4. 5. 8. 9. 12. 13. 14. 15. 19.Common Law of the Land, to be pressed for Mutes, as other malefactors that stand mute and silent, are in like cases.
VIII.
Whether if the Apostles were now in England, and should preach Jesus Christ dayly in our Temples and from house to house, without ceasing, as they did Acts 5, 42. our Lord Prelates would not presently silence, suspend, and pursevant them into the high Commission, and there fine and imprison them for Convinticleers: And if they should preach notwithstanding their Lordships inhibitions, (as they did notwithstanding the chiefe Priests commaund to doe it,) whether their Lordships would not therevpon be filed with indignation, and put them in the Common-prison, and there keepe them fast, and beat them too, as their predecessors the High Priests did, Acts 5. 17. 18. 40. 41. since they thus serve our Godly faithfull Ministers for the same causes.
IX.
Whether if our Saviour Christ himself were now on earth, and should be convented before our High Priests, as hee was once before the Iewes High Priest, and they should offer to put him to an Ex officio oath, and examine him concerning his Disciples and Doctrine; and Christ should refuse to take such an oath, and answer them as hee did the High Priest: (I spake openly to the world, I ever taught in the Synagogue, and in the Temple, whether the Iewes and people alwayes resort, and in secreet have I sayd nothing. Why askest thou mee? Aske them that heare me, what I sayd unto them: Behold they know what I sayd:) refusing to bring in a coppie of his Sermons, or to accuse himself, would not their Lordships Pursevants Officers upon such an answer as this stricke Iesus with the palme of their hands, (as the High Priests Officer did) Saying: Answerest thou the High Priest (our Lord Arch-Bishop and Bishops) so? Iohn 18. 19. 20. 21. 22. And would not their Lordships for such an answer (which satisfied the High Priest) commit our Saviour forthwith to prison, to the Clinke, the Gate-house, Fleete, New-prison, Kings Bench or Counter, as they committed *Petition to Q. Eliz. p. 77.Mr. Bambridg and Mr. Johnson of old, and many of Christs Ministers since, for the same answer.
X.
Whether if St. Paul were now alive, and should preach so diligently in England, as he did amongst the Iewes, our High Priests, the Prelates, would not lay the selfsame accusation against him before the Kings Majestie, as Ananias (the Iewes High Priest) did by Tertullus his Orator before Felix, and informe his Majestie, that they had found this man a pestilent fellow, and a moover of sedition among all the Iewes (now English men) throughout the world, or Kingdome, and a Ringleader of the sect of the Nazarens (the Puritanes as they terme them, Acts 24. 5.) since they lay the selfsame accusations to the chardge of most Godly Ministers, as many late instances evidence.
XI.
Whether if Christ himself should preach *Luke 19. 47. c. 20. 1. c. 21. 37. 38. c. 22. 53.dayly in some of our Prelates Diocoese, as he did in the Temple & Jewish Synagogues, and St. Paul †Acts 20. 20. 21. 31. c. 19. 9.preach night and day (morning and evening) in our Churches, as he did at Ephesus, against our Prelates inhibitions, and the people flocke from all parts and Parishes to heare them, as they did to them; our Prelates would not forthwith suspend them from preaching, and clapp them by the heeles, and likewise present and punish all their hearers, for goeing out of their owne Parishes, where they had no sermons, to heare them, since they thus use our painefullest Preachers and hearers, who imitate their examples, contrary to the very doctrine of our Homilies of the right of the Church, p. 3. 4. which themselves have subscribed too, but refuse to practise?
XII.
Whether if our Saviour should now descend in person from heaven, and give his precept to our Lord Prelates, which once he gave to his Apostles Luke 22. 25. 26. Mat. 20. 25. 26. 27. yee know that the Princes of the Gentiles exercise dominion over them, and they that are great exercise authority upon them: But it shall not be so among you, but whosoever will be great among you, let him be your Minister, and whosoever will be chiefe among you, let him be your servant, &c. they would presently convent and arraigne him for it, as an open oppugner of their Lordly Iurisdiction and temporall Offices and power, and censure him as severely as ever they did Dr. Bastwick, or any other, that hath writt against their pretended Divine right to their Lordly Hierarchie?