The Altar of Damascus — David Calderwood

The Altar of Damascus · David Calderwood

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

IN the former chap…er we did onelyonly give, not grant superiorite of Bishops over Pastors, which being supposed, we medled onelyonly 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 onelyonly 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 onelyonly 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.cap. 2. 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 onelyonly 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 onelyonly 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 onelyonly 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 onelyonly: 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.Act. 1…. In the Church of Ierusalem all the Presbyten governed,Act. 21. not a selected number. D. Field, Of the chur. 1. 5. c. 28. p. 142. 143.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 onelyonly 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 onelyonly.De clericis, cap. 8. 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, …. 5. P. 143.(sayth D. Field) the Cardin…lls onelyonly 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 onelyonly in the Chur…h of Rome▪ P. 142.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 aagaine.

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 onelyonly, 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 onelyonly 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,Defens. 1. 3. p. 150. 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, 1. Reply p. 97.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 P. 274. 275.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.P. 102. 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,P. 6. 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, Of the chur. 5. c. 27.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 onelyonly, 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 onelyonly 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 onelyonly 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 onelyonly, 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,…ontra Lu…eranos. 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.… Psal. 26. 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,…n aqui. tom. … disput. 36. …ct. 1. 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 onelyonly 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 onelyonly 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▪ Camd. Bri…. 170.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, P. 49.but onelyonly 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 hauehave 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 onelyonly▪ 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 onelyonly 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 onelyonly. 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, De Polit. p. 318.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, De…ep. eccl. 1. 5. c. 9. nu. 38. 39.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, De polit. p. 316.sayth Mucket, is suspension from intrance into the Chur…h, or onelyonly 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 onelyonly from the sacraments, which when it is pronounced against them that stubbornly stand out, Of the chur. l. 1. c. …5.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 onelyonly 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 hauehave 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,5. c. 9. nu. 2. 23. 24. 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 onelyonly 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,Assertion … …hurch …, p 41 9. …. 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 hauehave 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 onelyonly 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 onelyonly 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,Discover. 241. 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.p. 182. 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 onelyonly 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,P. 328. 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,l 5. poenis. cap. euenit. 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,Of the Ch. …5. c. 27. 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 onelyonly 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 hauehave 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. P. 61The 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,P. 8. sayth the authour of the Apologie of certain proceedings in Courts Ecclesiasticall. Neither is intimation at the common law required, but these certificats mention onelyonly 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 duplicate page duplicate page 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 onelyonly 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 onelyonly 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,Assertion of …rist Poli. …ag. 187. and withstood by none so much as by certaine Euangelicall Bishops, and whi…h, as there men generally conceived, was onelyonly 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,Mucket 325. 326. 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 giuegive 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 onelyonly 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,De vit… & honest. … corum. …. 1 S à crapule verb vigilan…er. 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 onelyonly 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, Volum. 2. D…repudijs & Divortjs. p. 3…5.promotores, procuratores, totam deni que illam procorum colluviem, quae Ecclesiam Dei i…mpridē devastat, quorsum hoc ad illa non Ecclesiae tantūmodo Christianae, verumetiā universi mundi de- But what maketh this, 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 onelyonly 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, De testamen… … cap. …em verb. extorqueant.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?P. 105. 106 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.…art. 1. p. …. 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 onelyonly 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, P. 99.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 onelyonly 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 onelyonly 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,L. 1. de consuetud …, statutum. 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.P. 113. What is there obtained without paying a fee? They have fees for excommunication,Assert. of Christ. poli. p. 73. 74. 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,Lib. 3. cap. 8. num. 13. 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.P. 219. 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.

The Altar of Damascus, Chapter 4

p. 72CHAP. 4. Of the Dignitie, and Power of English Bishops.

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