The Altar of Damascus, Chapter 1

The Altar of Damascus · Chapter 1

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 onelyonly, 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.

p. 1CHAP. 1. Of the Kings Supremacie.

IN the Ecclesiasticall policie of England generally are to be cōsidered,The Table. 1 Persons, 2 possessions, 3 constitutions concerning both: Persons to bee considered, are either such as hauehave 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 onelyonly 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 p. 2Edward 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, p. 3or 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 onelyonly 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 p. 4oath 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 p. 5soveraignty, 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 onelyonly 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 onelyonly supreme head on earth of the Church of England, and shall have and enjoy annexed p. 6and 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,Sander, de Schism. Anglic. lib. …. p. 227. 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. Rastall, Bishops, 9.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, F…x. p. 1405 1406.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 p. 7howbeit 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,Pag. 680. 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,Pag. 381. 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, Pag. 70.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 onelyonly to be an avenger with the sword, as p. 8Bilson 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 onelyonly 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 onelyonly 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 p. 9was enacted, That the Kings Maiesty, his heirs …nd successors, Rastall, …irst fruits. 6.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 hauehave 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 p. 10of 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,Confess. fidei …. 35. 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 p. 11their 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 onelyonly 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 p. 12is, 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 onelyonly 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 p. 13the 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. p. 143. 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. p. 15For we must not consider things indifferent onelyonly 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 p. 16sort 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 onelyonly 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 onelyonly 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 p. 17punishments 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 onelyonly, 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 p. 18set 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.

p. 19Election, 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 onelyonly temporarie, but also perpetuall, whereas of old they endured onelyonly for sixe moneths, or some like short space.

p. 20They enrich themselves not onelyonly 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 p. 21be 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 onelyonly 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.