The Altar of Damascus, Chapter 3
CHAP. 3. Of the dignitie and power of Archbishops in England.
THis proud name of Archbishop is not to be found in all the Scripture. It was not attributed to any common Metropolitans at the first, but to the renow…ed and mightie Giants the Patriarches of Constantinople, Antioch, Alexandria, and Rome, who were mounted farre above Metropolitanes when the time was neere that the Antichrist should be mounted on horsebacke. But after that he was mounted, then Metropolitanes that they might keepe some proportion with their head, were lifted up to a degree of power above other Bishops, & invested into an office that the book of God, & the Apostolical Church never knew, to consecrate Bishops, to convocate Synods, to receive appellations frō the courts of inferior Bishops, to visit the Diocies of other Bishops within the Privince. A Diocesan Bishop that is a Bishop over many flockes, and Pastors of one Diocie, was unknown to the Apostles, far more a Bishop of Bishops, a provincial Bishop, an Archbishop having iurisdiction and power over the comprovinciall Bishops. The Church being for the most part within the bounds of the Roman Empire, the governours framed the government according to the forme of the Empire, and made degrees in the Church like to degrees in the common-wale. They intended not to set up the Antichrist, but being led, partly with carnall wisedome, partly with ambition and vainglory, wittingly and willingly did that, which brought in the Antichrist, and so the mysterie of iniquity, which began to work in the Apostles time, wrought on still, till Antichrist come to his full strength, and perfect age. While they were framing degrees according to the fashion of the Romane Empire, first Bishops, then Metropolitanes, then Primates, then the foure great Patriarches, they were but forming the second beast according to the image of the first beast, and the Bishop of Rome, one of the foure Patriarches, became the head. Neither was the Bishop and Metropolitan so great in power before the Antichrist come to his perfect age, as they were after, and have been ever since, even to this day. They hatched him, and he hath rewarded them with greater authority and power. But giving and not granting the Diocesan Bishops to bee of divine or Apostolicall institution, we will in this chapter onelyonly let you see the Archbishops unlawful superiority over them.
Persons having lesser ample administration, having eyther iudiciall administration, or administration not iudiciall, eyther constitute by law, or introduced without law, constitute by law, as the administration of the ordinarie Iudges. They doe execute it under the Prince, either in their owne name, or the name of others. In their owne name as Bishops, so called, either with addition, as Archbishops, or simply Bishops. Archbishops, (being in England two, Canterburie and York) are considered, eyther in respect of their peculiar Diocies in all respects, as other Bishops: or in respect of the whole province, according to the place, which they hold, eyther in the ecclesiasticall state, or the civill. In the ecclesiasticall estate, eyther according to the place, which they hold cō mon to both the Archbishops, or that which is peculiar to Canterburie. According to the place, which is common, they are to be considered, eyther as in their ordination, or as after their ordination.
In the ordination it selfe, it is to be considered, that if they the Archbishops hauehave not been heretofore Bishops, they must be consecrated by some Bishops. If they hauehave been Bishops, then their election onelyonly is cō firmed by some Bishops.
Metropolitanes were chosen, confirmed, and consecrated of old, not by some, but by the whole Synode of the comprovinciall Bishops. But the English Bishop have no Provinciall Synods to any such purpose. They have neither the Discipline prescribed in Gods word, nor the Discipline of the old Bishops and Metropolitanes, but the Discipline and policie which was in use in the time of greatest darknesse under the Antichrist; Here also wee see a signe, that they make the Bishop and their Priest of a different order. For a Priest, when he is made a Bishop, must receive a new consecration. But a Bishop when hee is made an Archibishop, is not consecrated of new, howbeit hee bee in degree of power and jurisdiction above other Bishops.
After ordination they are to be considered, either as Metropolitanes, or as Archbishops, or as Primates, or as lesser Patriarches.
The English Metropolitanes have onelyonly Bishops under them,De polit. c. …. yet, sayth Mucket, they enjoy the titles, and discharge the functions of Archbishops, and Primates also. Metopolitans at the first were not called Archbishops, as I have sayd, but the Patriarches greater and lesser onelyonly, to whom appellation was made from the Metropolitane. But when Metropolitanes began to receive appellations, then this proud stile descended to them also, as we will see incontinent, that as Bishops, they received appellations. They will extoll the wisedome of the ancients in framing degrees in the Church, and yet they themselves confound these degrees, and offices, and make one man to bee a Metropolitan, an Archbishop, and a Patriarch. Many degrees were made to the Pope, to climm up to his throne: that beeing done, then was there confusion againe. We have this confusion then out of Babylon.
As Metropolitanes, 1. in confirming the elections of the Bishops of his Province. 2. in consecrating these Bishops together with other two Bishops.
By the auncient Canons it was ordained, that all the Bishops of the Province should assemble to the election, confirmation, and consecration of the Bishop also, and the Metropolitan was present with the rest, as one of the number, and moderator onelyonly of the convention, and the action was common. The Bishop of Spalato confesseth, that by divine law one Bishop hath no greater right to consecrate another Bishop then another hath.Lib. 3. c. … num. 1. By their own book of orders, it is not needfull, that the Archbishop consecrate a Bishop, but an inferiour Bishop may do it for him: yet a Bishop may not suffer a minister to ordaine or say handes one a minister for him. How can they then bee so shamelesse, as to say, that Archbishops bee of divine institution; if another may consecrate a bishop as well as hee, whether it bee with his consent, or without it? Abbots, who have been but simple Priests, have of old ordained bishops without either commission or consent of Archbishops, as Beda restifieth.Hist. 1. 3. c. …. Of the forme and rites of their consecration, wee shall entreat in the next Chapter.
This, that they call consecration of Bishops, was not known to the purer Church. The ministers chose one of their number to bee a perpetuall moderator of the common actions, and called him Bishop, as at Alexandria, where he was first hatche…, and made at the first, but onelyonly perpetuall president, and this was all.
3. In convocating Provinciall Synods, according to the Kings rescript, 4. in moderating Synods, and giving the last voyce.
Their Provincial Synods are not like the provincial Synods which wee wont to have. For ours were but Synods of Shires, 4, 5, or 6 classicall Presbyteries assembling together twice in the yeare. But their Provinciall Synode is a Synod of the Bishops of one Province. All the Diocies of the Archbishop, and of his suffragane, or comprovinciall Bishops which are under him, make but one province. And seeing they have onelyonly two Archbishops, they can have but onelyonly two Provinciall Synods. The Metropolitane convocateth the Provincial Synod upon the Princes letter, which happeneth very rarely. If the Prince direct his letter to any Bishop, as sometime hee hath done, what need is there of a Metropolitan. For they say, we cannot have Synods, unlesse we have Metropolitanes to convocate them; and this is a chiefe part of his function. If so be, why doth he not exerce his function without a particular letter of the Prince, as well as the Bishop doth in convocating his Diocesan Synod. If that be a part of his ordinary power to him, as this to the other why doth it depend on the Princes letter, and how dare a common Bishop take upon him notwithstanding of the Princes letter, that which of office apperteineth to the Metropolitan. Ye may see that this part of his function also, is not of divine institution, that is so dependant and changeable at the pleasure of princes, as they confesse themselves; Neyther is it requisite of necessity to hauehave a Metropolitane to convocate Synodes, for Synodes at the first assembled without Metropolitanes. And in our age, both in our owne, and other reformed Churches, Synods have assembled, where there is no Metropolitane. Nay rather, Synods would be more frequently convocated, if they were altogether removed: it is so farre from the truth, that either we cannot have Synods, unlesse we have Metropolitanes, or that God hath ordained in his word that they should convocate Synodes. For we hauehave no Synods Metropoliticall, but onelyonly Diocesan, since Metropolitans have beene set over our heads, nor yet national, but seldome, and dressed before hand for their purpose. If it be not of divine institution, that the Metropolitane should convocate Provinciall Synods, neither is it to moderate. And as for necessity there is none, as experience of our owne and other reformed Churches can beare witnesse: yea in their owne last Synode, Ban…roft Bishop of London was president. It may be that it was his Papsticall office, which hee had of old. For in the Catalogue of the seventy Archbishops, Canterbury is made the head of all …ur Churches, T. C. 2. Reply, p. 644.all Bishops sworn to Canonicall obedi…nce of that Archbishop, and defence of all privileges and liberties of that seat. Where the Bishop of London is his Deane to call Synods, to publish his decrees, to make returne of the execution, Wincheste… his Chancellour, Lincolne his Vicechancellour, Salisbury his Chaunter, Worcester his Chaplaine, Rochester his Crosse-bearer.
As Archbishops 1. in receiving of, and answering to appellations interposed, & made from his Suffragane Bishops. 2. In visiting the whole Province according to the lawes and custome.
As the Bishops hauehave suffragane Bishops under them, so the Bishops themselves are Suffraganes to the Archbishop. They are not his suffraganes, as he is Metropolitane, but as he is Archbishop. So that as Archbishop he hath greater authority then he hath as Metropolitan. For as Metropolitan he must doe nothing without a Synode in the Dioces of another Bishop, neyther by receiving appellation, nor by way of visitation. But as Archbishop he may receive appellations, and visite the Dioces of his Province without a Synode, as being not onelyonly superiour in honour, and prioritie of order, but also in power of jurisdiction. And for this his greatnes, which he attained unto, he beareth the proud title of Archbishop. The old Bishops knew no other but a Metropolitane, & the Provinciall Synode assembling twice in the yeare, to the which appellations were made. It is troublesome, say they, to call Synodes so often, Dioces are so large, and the Synode should be wearied to stay till all the appellations of inferiour Courts were decided. Here a notable tricke. First they say, it is needfull to hauehave Synodes, and therefore needfull to hauehave a Metropolitane. This againe they crosse and say, there is no need of Synods, it is difficile and incommodious to have two provinciall Synods in the yeare, as of old. The Archbishop may doe all that the Synode did, receive appellations, visit and correct the excesses and defects of other bishops, onelyonly he may not make Canons and Ecclesiastical lawes without a Synod. Neither is there any need of new Canons, the old are sufficient. But I would demand, why Synods may not be so easily, and so often convocated as of old? Is it because they have their Diocies extended over one, two, or three Shires, and the province extended almost as farr as the kingdome: as Canterburies province in England, and Saintandros in Scotland. Their wings should be clipped, their Diocies and provinces contracted and multiplied, if that the Discipline of the old Bishops were to bee preserved, that Synods may assemble. But before they loose any part of their extensive power, and large impire, they will rather reteine the corrupted discipline brought in under Antichrist. If they will say on the other side, the Diocies were as ample of old, then why doe they pretend to their loytering in their owne, or the Kings palaces, the distance of their Diocies. And if they will not convocate Provinciall Synods twice in the yeare, what is the reason that they will not convocate once in the yeare, or as was concluded in the Councell of Basile,Can. … once in three yeare? Yee may see, that this corruption is so grosse, that it was palpable in the time of most palpable darknesse. Againe, Synods did not assemble onelyonly to make Canons, but also for to put order to all causes Ecclesiasticall. Farther, there is continuall occasion to make new Canons, and also to reforme or repeale old corrupt canons. Neither doe Synods need to stay long upon appellations. if the Church should meddle onelyonly with causes properly Ecclesiasticall, and the ancient judicatories inferiour were restored of presbyteries, and consistories. But to medle with tythes, testamentarie and matrimoniall matters, and to set up Archdeacons, Officials, and Chancellours, and the rest of that …able, it may well procure moe appellations, then a grave and godly Synode should be troubled with. When all is done, yet Canterburie doth not, nor will not take the pains as by himselfe to decide the appellations. Hee hath … Court, which they call the Court of Arches, wherein sitteth as Iudge, Camd. Brit. p. 181.the Deane of the Arches, he hath to doe with appeales of all men within the province of Canterbury. Advocates there be in this Court 16. or moe, at the pleasure of the Archbishop, all Doctours of law, two Registers, and ten Proctors. And another Court, not unlike unto this, which they call the Court of Audience, which entertaineth the complaints, causes, and appeales of them in that province. So yee see, what way the ancient Synods are gone. Neither to direct by making Canons, nor to execute them being made, should bee permitted to the pleasure of one man. And yet by the way remember, that the Prince with advice of the Metropolitane▪ may make Canons also. Howbeit the Archbishop be made up with the spoiles of the provinciall Synode, his grace may not attend on the …scharge of the Synods care and jurisdiction. And whereas he may visit if he please, the whole Diocies of his province, doe yee thinke hee will take the pains himselfe? who then shal… attend on Court and Councell? Yea I suppose that seldome hee sendeth his Chancelour, or any other for him. By the Canons of the Councell of Trent, the Archbishop may no visit the Diocie of another bishop,Sess. 34. c. 3. D. … reform unlesse the cause and necessitie be first tried in the provinciall Synod: so that the fathers of that superstitious and bloudy councell, were ashamed of the Archbishops exorbitant power which the English retaine. And the English say, that during the time of the Archiepiscopall visitation, Down. def. …. 2. c. 6 p. 112. 113.whereby the jurisdiction of the ordinary is suspended, that Ecclesiasticall iurisdiction which hee practiseth, hee doth exercise from, and under the Archbishop, as his deputie. The Archbishop may with the Princes consent without a Synod depose a bishop, sayth Whitgift. Whitgift. p. 440.If bishops bee such vassals to Archbishops, what slaves thinke yee poore ministers be?
As Primates, or lesser Patriarches, 1. of right, as to admit appellations from inferiour judgements immediately. 2. of the prescription of time, to hauehave the custody of Ecclesiasticall jurisdiction during the vacancie of any Episcopall See within his owne province.
York is stiled Primate of England, and Canterburie Primate of all England. There is a fine composition of an old plea. what they may not doe as Metropolitanes, they may doe as Archbishops, and what they may not doe as Archbishops, yet they may doe as little Patriarches. As little Patriarches they may receaue appellations immediatlie. So where one may not make a leap from the Archdeacon or his Officiall to the Archbishop, and passe by the Bishop. Yet he may leap over him to that same man, as he is Patriarch. And as for custody of spirituall jurisdiction, during the vacancie of the Episcopall See, that was the right of Deane and Chapter.
According to the place peculiar to the Archbishop o… Canterburie, 1. every Bishop of his province confirmed by him, must exhibite to him a Chaplaine, till he provide him some sufficient benefice. 2. As Primat of all England, he may grant letters of tuition, whereby the appellant may prosecu…e his appellation without molestation offered to him in the meane time.
The Bishops have their Chaplaines, as Princes and Noblemen have, more for pompe and glory then for any necessitie or utility. For they will bee inferiour in nothing to the great Nobles, that concerneth pride of life. Noblemen for pride will not joyne themselves with the parish, where they are members, to worship God joyntly with them, as members of one politicall body, but must have their servile and flattering Chaplaines at home: yet they spoile many parishes to entertaine their beneficed and non-resident Chaplaines. Will the Bishops be behinde them in this? Nay, they will bee as noble in this trespasse as the noblest, and the Archbishop will lead the ring. Take this unclaime of appellations from him, his letters of tuition are deere of a doyt.
According to the place, which they hold in the civill estate, either as common to both, or as peculiar to any one of them. Common to both, either by the common Municipall law, or by the grant of Princes. By the common Municipall law, either in things Ecclesiasticall, or in things civill. In things Ecclesiasticall, in which they have this prerogative, to receive and register the probate of wills, and to grant to the partie succeeding the administration of the goods of the person dying intestate, having at the time of their death, Bo…a Notabilia in divers Diocies or jurisdictions of their Province.
The Archbishop hath a Court which is called the Prerogative Court,Camd. Br… 181. in which the Commissarie sitteth upon inheritances fallen either by intestate, or by will and testament. By the 92. Canon of the Constitutions made Anno 1603. All Chauncellours, Commissaries, or Officials; or any other exercising Ecclesiasticall jurisdiction whatsover, are commanded to charge with an oath all persons called, or voluntarily appearing before them, for the probate of …ny will, or the administration of any goods, whether they know, or moved by any speciall inducement, do firmly beleeve that the partie deceased, (whose testament & goods depend now in question) had at the time of his, or her death, any goods, or good debts, in any other Diocie or Diocies, or peculiar jurisdiction within that province, then in that wherein the sayd partie died, amounting to the value of five pounds. And if the sayd person shall upon his oath affirme, That hee knoweth, or firmly beleeveth, that the sayd partie deceased had goods or good debts in any other Diocie, or Diocies, or peculiar jurisdiction within the sayd province to the value aforesayd, and particularly specifie and declare the same: then shall hee presently dismisse him, not presuming to intermedle with the probate of the sayd will, or to grant administration of the goods of the partie so dying intestat…: and shall openly and plainly declare and professe, that the sayd cause belongeth to the prerogative of the Archbishop of that Province, willing and admonishing the partie to prove the sayd will, or require administration of the s…yd go…s in the court of the sayd prerogative, and to exhibit before him the sayd iudge, the probat or administration, under the s…l of the prerogative within 40 dayes next following. In the… … Canon the Rate of Bona Notbilia liable to the prerogative Court, is defi… … amounting to the value of five pound, at least, … and de…laring, that who so hath not good in then, to the sayd summe or value, shall not … to have Bona Notabilia. unlesse in any Diocie by composition or custome, Bon… Natabilia bee rated at a greater summe. Here the Archbishop hath a Court for testamentary matters, which are meere civill, and belongeth no wayes to a spirituall Court▪ which may and ought to be heard and determined in Courts temporall.
In civill things is 1. to have the title of Clemencie, which in English we call Grace. 2. to have praecedencie before all the Peeres of the kingdome.
This title and stile of Grace is not granted to any inferiour to a Duke, so that they have a …tile aboue Marquises▪ Earles, and Vicounts. They mock at Christs words Luke 22. 25. when they say, that Christ forbad his Disciples onelyonly to be called bountifull or benefactors, but not to bee called gracious Lords. For Christ forbidding his Disciples to beare civill rule and temporall domination, forbad them the stiles, which were attributed unto, or usurped by civill Princes, and magistrates, to set forth their pompe and power, and for example he alledgeth that stile which was given to some of the kings of Aegypt, by one stile meaning all other of the like kinde. For as he forbad them not onelyonly to be like the Kings of Aegypt, but generally like the kings of the nations, so the titles of all secular Princes and Rulers, that rule Nations and kingdomes, are forbidden. Farther, there is greater pompe in the stile of Grace, then of benefactor, and lesse truth: for there are none so gracelesse, unclement, and cruell scoutges in the hands either of Popes or Princes to scourge the Church of Christ. These base fellowes must also hauehave place before the greatest Nobles in the land, and the chiefe seat in publick conventions, and parliaments. Canterbury must have place before the chiefest officers of the kingdome, Yorke before all except the Chauncellour like the ambitious sonnes of Zebedee seeking to sit the one at the right, the other at the left hand of Christ in his kingdom, which they dreamed should be a glorious worldly Monarchy. They have also traines of men to attend upon them, greater then many Noble men, and some to beare up their taile,Abstract. 237. which no Noble man hath. Fie. The Doctours of the civill law attend in their Scarlet robes upon Canterbury his grace, when he passeth through Pauls. And as I heare, when any come to his Chamber of presence, they must hold off their hats, howbeit his grace be not present himselfe. We shall see more of their pompe in the next chapter.
By the grant of Princes, as Immunities, liberties, &c. in their owne large fieldes or possessions.
Their immunities, liberties, priviledges and jurisdictions in their Baronies and large possessions, are but temporall, nothing availing to further and advance Christs kingdom. The particulars are best known to them, who hauehave seen their charters.
Peculiar to any one of them, to wit, either to York, as to have the praecedence before all the officers of the kingdom, except the Lord Chancellour. Or to Canterburie, as 1. to take the place before all the officers of the kingdom: whence it is, that he is called the first Peere of the Realme. 2. to inaugurate the king at his coronation. 3. to receive the rents of the lands, which hold of him in homage, while the heire is minor, not past 21. years, howbeit the same heir hold other lands in chiefe of the crowne. 4. to hunt with his owne hounds in any parke within his own province.
Bishops are made Peeres of the Realme, and Canterbury is the first Peere, therefore he must have place before all the officers of the kingdom: wherof we spake before. He must inaugurate the king at the coronation, which is a duty not appertaining to him: for the rites of coronation are not parts of the pastoral charge. And suppose they were, they belong no more to a bishop then to a minister, or to one bishop more then to another. For if there were no more, but to make an exhortation, to conceive a prayer, and blesse, a minister may do that as wel as a Bishop, or a bishop as well as an Archbishop. Bishops have vassals under them as noble men have. William the first ordained Bishopricks & Abbies, which held Baronies in pure and perpetual almes, and untill that time were free from all secular service, to be under military or knights service, enrolling every Bishoprick and Abbay at his will and pleasure, and appointing how many souldiours he would have every of them to finde for him, and his successours, in the time of hostilitie and warr. As they became vassals to kings & Emperours, so they laboured to have many vassals under themselves, insomuch that noblemen became their vassals. The Earles of Glocester had lands of the Bishop of Canterburie on this condition, that they should be his stewards at his installing. And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service, till the perfect age of the heir, yet the lands which hold of the Archb▪ ar excepted. Pastors & ministers should be content of their stipends, not medling with superiority over vassals, personall or reall wards. Their bishops have parks & ponds, besides their palaces, for hunting & fishing. Canterburies grace may hunt in any park within his own province, that is through al England except 4. diocies, a pastime cōdemned by the ancient canons in clergy men. Hierome saith, he never read of a hunter that was a holy man.
B… s…atu…e, as to grant the Grace of the Canons, and other Ecclesiasticall lawes, through all the Dominions of the English Empire, which (grac…s) they call Faculties.
C…nterburie hath among other courts, a court, which they call the court of Faculties, wherein there is appoynted a chiefe President, …md. Brit. 181.who heareth and …onsidereth of their grievances and requests, that are petitioners for some moderation, and easement of the Ecclesiasticall law, sometime, as they pretend, overstrict and rigorous and a Register beside, who recordeth the dispensa…ions. The Lawes of God may not be dispensed with. If Ecclesiasticall constitutions, which are made by men onelyonly be too strict, their rigour may bee relaxed, when and where there is a necessitie. This necessi…y ought to bee considered by the Ecclesiasticall Senate, and not reserved to the Ar…hbishop of Canterburies grace, to be given, or … sold at his pleasure. For in this court of Fa…ulties, dispensations are set to open sale, as at Rome as the admonition to the Parliament doth … port▪ If there be a just cause to remit of the rigour of the Ecclesiastical law then eas…ment shoul… be granted to the petitioner without money.P. 3. If …here be not a relevant cause, then there should bee no dispensation granted at all let be for money. So this power to dispense with Ecclesiasticall lawes, is to dissipate the Canons of the Church, & to wound th…se which are yet whole and sound.
I… was enacted, 25. Henr. 8. that the Archbishop of Canterbury for the time being,…stal Rom. and his successors, shall have power and authoritie from time to time, by their discretions to give, grant, and dispense by an instrument under the seale of the said Archbishop, all manner such licences, dispensations, compositions, faculties, grants, delegacies, instruments, and all other writings, as heretofore have been used, and accustomed to be had and obtained at the See of Rome, or any person, or persons by authoritie of he same. Provided alwayes, that no manner of dispensitions, 2. Reply. …. part, p. 97.licences, faculties, or other res…ri…ts, or writings hereafter to be granted by the Archbishop, or his commissary, being of such importance, that the taxe for the expedition therof at Rome, extended to the summe of foure pounds, or aboue, shall in any wise be put in execution, till the same lic…nce, dispensation, facultie, rescript, or other writing, of what name or nature soever it be, be first confirmed by his …, has heirs, or successors, kings of the Realme, under the great seale, and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same. It was therefore justly written by Mr. Cartwright that the Archbishop (saving profession of obedience to the King) was made Pope in the Bishop of Romes place, and that he exerciseth untollerable and filthy Marchandise.
These faculties are to be considered, either particularly, or generally, 1. particularly, such as are often granted after summary examination and triall of the cause, as 1. to appoint publick Notaries, 2. to give licence to the sickly, women travelling with child, aged and diseased persons, to eat flesh on forbidden dayes, for some politicall respects, 3. to solemnize matrimonie, howbeit thrice open publication of the Banne… hath not preceeded. 4. In cases which belong to benefices.
Notaries, which are called Registers, are appoynted by Bishops, and Archdeacons respectively. Publike Notaries appointed by Archbishops, serve, as I suppose; the Diocies of the whole province. Seeing they hauehave such manner of courts and officers under them, depending wholly on them, it is no wonder, that they have this prerogative engrossed in their hands also amongst many moe▪ If he grant licence to eate flesh onelyonly for politicall reasons, wherefore are the same fasting dayes, or dayes of abstinence from flesh observed, which the Papists observe? wherfore doth the curate in time of divine service make publick forewarning of these dayes, as they are to fall in the weeke following? and why are not politick judges appointed to grant such licences? It is the old superstition then, not new policie, which is respected. Doe none obtain licences but the diseased, aged, &c. and obtain they licences without money? The 101. canon of their last constitutions, giveth power to the commissarie for faculties, to grant licence for marriage without 3▪ proclamations preceeding, onelyonly to persons of good state and qualitie, as if persons of mean estate or quality, could not have as necessary a cause to seek relaxation of 3 proclamations. But if ther be any quantitie of money in the purse, the person is of sufficient qualitie. By these licences, children are sometime married without consent of their parents, and sometime the heire is carried away, and married without further notice. Precontracts are deluded, persons having interest which might take exception, not being publickly warned: a way given to clandestine mariages… the congregation mocked, when two of their members are ioyned in mariage, they know not where nor when. As for taking caution & securitie to make good the conditions required of of them, yet saith the defender of the last petion for reformation,Pag. 227. that licences have been abused, as much as before, and that the strength of the canon dependeth upon the bonds of the sureties, which may be knights of the post, and men of no worth.
In causes which concerne benefices, as 1. to abolish irregularitie, not wilfully contracted.
Irregularitie is an impediment of the Canon law, which inableth a man to take on orders, or to minister into them, and consequently to bee admitted to benefices, or to enjoy them. All the Popish irregularities, which are not expresselie taken away, either by their late canons, or statutes of the Realme, stand still in force with them and they may observe them, as they please. To sit in judgement upon bloud, was irregularitie of old, yet these Bishops, make no scruple of it, or any other thing may serve to advance their greatnes. That which was reckoned amongst irregularities, but was in very deed a divine, and not a Canonicall impediment brought in by man, they made least account of, to wit, the irregularity of apostasie. For they allowed Popish massemongers, men for all seasons, K. Henries Priests, K. Edwards Priests. Qu. Maries Priests to be preachers of the Gospell in the daies of Qu. Elizabeth, as the authors of the admonition to the Parliament do testifie. When they would cover their Apostasie with Peters fall Mr. Cartwright maketh this distinction. Peter denied Christ cast down, …. Reply, 2. part. p. 178. 179.or in time of his humility, they have denyed him risen from the dead, ascended up into heaven sitting at the right hand of God in glory: Peter did it to save his skin, they to save their honour: he for his life, they for their living. I speake favourably: for otherwise I might say of some▪ that they did it not onelyonly to save that which they had, … to get more unto it. Peter did it privatly, and … corner, they in set and open iudgement: he onelyonly denied that he knew him, or that hee was one of his Disciples, but spake no evill of him: they affirmed, that they knew the Gospell to bee naught, and so spake evill both of Christ and it: hee did it suddenly, and at a push▪ they deliberatly, and with time given to consult: he although he forsooke his master Christ, yet never served the Scribes and Pharisees, which were the enemies of Christ; they did not onelyonly forsake Christ, but served in the courts of his sworne enemie the Antichrist. And againe, they at one clap have renounced him with mouth, P. 178.and subscribed against him with their hand, and where he forsware him once, they have forsworn him oft, according to the member of Dioceses, where they have their livings, and diversitie of times, wherein such thing… have been required. Peter was called immediatly by Christ himself, and not by man, and after his repentance comforted, and confirmed in his Apostleship. Christ was the Law-maker, and might dispense with his owne law. But the Levits which went astray after idols, shall not come neere unto me to doe the office of a Priest unto me, nor …om… neere to any of my holy things in the most holy place: but they shall beare their shame, and their abominations, which they have committed, Ezek. 44. 13. Notwithstanding of their repentance, they were not restored to the Priesthood again. If they do unfainedly repent, they may be received againe into the besome of the Church: but because of the skar which remaineth after the deep wound of their fearfull Apostasie, they ought not to be restored to their degree of office in the Church. Men proving inconstant in the faith, are not fit to bee made captaines in the Lords armies. Bastardy is no true irregularity, or just impediment to inable a man to receive orders. If it were not too tedious to run over and apply all sorts of irregularities, we should finde an huge number of irregulars by the Canon law, amongst their Clergie men.
2 To abolish likewise simoniacall suing for promotion to benefices, or orders.
Their Simonie cannot bee expressed more vively, nor contrived more succinctly, then it is already by Mr. Brightman on the Revelation. But specially their beggarlinesse in suing for livings, Cap. 3. v. 1…is notorious. For let us take a view, and make a generall muster as it were of the whole Clergie, and if you will let us begin it the basest underlings. The Curats, as they call them, are both in very deed, and in all mens account, a company of beggarly followes. In whom a man may see that verified which was threatned against the family of Esi; men bowing themselves to the ground for a peece of silver, or a morsell of bread, and craving to bee put into one of the Priests offices, that hee may have a snap at a crust of bread, 1. Sam. 3. 36. Now for the rest, those that by meanes of their more full purses, walke more lustily, such as wee call sturdy beggars, what running up and down is there among them, what bribing, what importunat and impudent begging, what flattering offers do they make of all their obeysance, and dutifull complements, that they may come by these Ecclesiasticall promotions? You may see many of them, that post up to the Court, or to the house of the right honorable, the Lord keeper of the great seale: for these two places are like to the beautifull gate of Salomons temple, Act. 3. 2 Men come in this way apace, thich and threefold, and they are in great hope to carry away some good reliefe. Others there are that become followers of Noblemen, and P…eres of the land, whose Chaplaines they become, either houshold or retainers, as I may call them, that live under their protection, for what end, trow yee? Even for this and no other, that as soone as any benefite, as they call it, shall fall voyd, they might enioy it by the Lords gift. And doth not this, I pray thee, see to be an honest way to get a Church living, no such base and beggarly one as you speak of? But is not this currying of favour meere beggery? Is it any whit a lesse filthie thing to come to a rectorie (or Personage) by favour then by money? If wee will judge indifferently, it is all one fault to creep in, whether it be by bribing and simonie, or by fawning and flatterie. The rest of the rout in the Countrey are diligent in attending the common sort of Patrones, whose thresholds they lye watching at, whose wives they brave and court, as if they were their mistresses, whose children they cogg with, whose servants they allure with faire words, and promises, to be their spokesmen, and in every place and poynt they play the parts of miserable beggars. Some there are that begg more craftily, like to those that sit in the high wayes, or in places where two wayes meet, and there they offer pilled rods to passengers, to get a peece of money… therewith as it were a pennieworth for a pennie. So doe men make way for their suits, by large giving of money in hand, or else by compacting to give some of their yerely tithes for a gratification. But some man will say, all this is not the corruption of the Lawes, but the corruptions of men. Nay surely, as long as that manner of conferring Ecclesiasticall charges taketh place, which hath been in use among us to this day, there can be no remedie applyed to cure or prevent this beggarliness. Doe wee not sufficiently find it to be true in experience? In the late Parliament, Lawes were enacted severely against it. But what came of that? nothing truely, but that it made men deale more closely and cunningly, to cosen the Law. We must not thinke to doe any good with our lawes, where Christs lawes are not observed. But to proceed, whence once the living is by beggerie obteined from the Patron, what a deale of begging worke is there to come, for those Sir Iohnlack latines, that institution might be had from the Bishops. Heere hee must supplicate, not onelyonly to the right reverend Bishops, but to Master Examiner, to my Lords Groom of his Chamber, his Register, the Yeoman of his Butterie, and Larder, yea, the meanest, that belongeth unto him. Not that want of Latine▪ and learning will keep him from entrance into his benefice; but that he that hath need of money for dispatch, or speech with my Lord, or the like, must fee the servants the better, whose gaine commeth trowling in this way. There is no Castle so defenced which a Latinelesse asse laden with golden mettell, may not scale and conquer. Neither is there only almost so unfit, that hath the repulse, but by what engines he prevaileth, let them looke to it. The like is the condition of Praebendaries, Archdeacons, and Deanes. Nay, are the Bishops themselves cleare of this base beggarie? What meaneth then, that continuall haunting of the court, and hanging upon the Nobles? Why doe they not stay and wait, till they be sent for? yea why are they not rather pulled away from their studies against their wills? Nay rather, if a man should appeale to their consciences, whether a… not some of those fat demeasnes of their Bishoprickes let out of their own accord, to such as they seeke, and sue to, that might farme and hire them, or else are there not other large bribes covenanted to be given to such, as shall stand them in stead, for attaining of those dignities? But are th…y onelyonly thus beggarly in their ambitious suing for their promotions? Nay truly some of them are grown so extreamly base this way, that if they bee to change their See, they pay not their first fruits, but by racking together in a filt…y fashion, an almes from the poorest vicars, which yet must goe under the name of Benevolence, to make a cleanly cloke withall.
The price of simonie is not onelyonly a gift in the hand, of money, but also the servile flatterie of the tongue, prayers and sollicitations, and officious services of the body. Some Bishops have made their porters ministers, as the authour of the petition to the Queene doth witnesse. Simonie is compared to the leprosie of Gebezi, but they have a water to cleanse it, the Archbishops court of faculties, where the Simoniacall person may be washed, by a gracious, but a costly dispensation.
3. To grant a vacant benefice in title of trust (which they call a Commendam) either for a time or during life.
Wee alledged before an example of him that was Bishop of Glocester, and withall commendatare of the Bishopricke of Bristow 16. yeares altogether, by the late Queenes dispensation,P. 59. 597. Pelit. Anno 1603. as witnesseth Godwin of Landaffe in his commentarie of the English Bishops. Bishops are not content with commendams of Bishoprickes, but to make their Bishoprickss more corpulent & fat, they take also fat parsonages, vicarages, and Prebends, in commendams.
4 That the sonne may succeed immediatly to his fathers benefice.
If the sonne claime kindnes, as we call it, to his fathers benefice, he ought to be repelled, and no dispensation should further him: for the ministery doth not now discend by generation, as in the tribe of Levi. But if he be sought, lawfully chosen, and called by the Church, he may very well be admitted to his fathers benefice, without the dispensation of any Archbishop.
5 That for a time, and for some weightie cause, the beneficed person shall not bee bound to make residence, but may serve by another that is sufficient.
Beneficed men are licenced to take up the rents of the benefice, without making residence on their cures, and charges. The Chaplaines of the King, Prince, Noblemen, and Bishops, take up the benefices of their parishes, and live notwitstanding at Princes, Noblemen, and Bishops houses. Mr. Leaver preaching before K. Edward 6. sayd, Now my Lords both of the Laity and Clergie, in the name of God I advertise you to take heed, for when the Lord of all Lords shall see his flockes scattered, spilt, and lost, if he will follow the …racke of blood, it will lead him straight way unto …his Court, and your houses, whereas those great theeves, which murther, spoile, and destroy the flock… of Christ, be received, kept and maintained. Hooper, preaching before the said King, said, that his Majestie should beginne at his owne Court, and compell the Chaplaines to serve th…se soules, that labour for their livings, otherwise he should put his owne soule in danger. The Courts then of Princes, Nobles, Bishops, and others, are the first denns of these soule-murtherers. The second rank of dennes wherein they lurke, is the universities of Cambridge, and Oxford. There the fellowes of their Colledges, benefice… persons do make residence, & not at the Churches to which their benefice… belong: but, as a Countreyman of their own …aith, melting and dying there, like snayle… within their shelts. The third sort of Non-residents, are Deanes and Prebendaries, lurking in their Cathedrall Churches, as in dens, devouring the benefices of Parishes lying farre… off in the meane time. Others are permitted to take on orders, and to receive a benefice, and after, as unsufficient to go to the universitie to learn for the space of 3 years; and all this time the parish doth perish with the famine of the word. The beneficed parson who is non-resident, oftentimes cannot preach, howbeit he… were willing:Can. 46. many other Non-residents there are, wandring vagabonds, which are not lurking in any of those dennes. Some have hirelings to preach monethly or quarterly sermon… for them, to their flocks: But because they ar… hirelings, they carie not true love to the sheep▪ but onelyonly serve for a little hire to the beneficed parson, and performeth the taske agree… on betwixt them; not thinking to render account one day to the Sheep-master, but answer onelyonly to the Sheepheard, the beneficed person, whose wages he receiveth. Therefore he dealeth not with the conscience, but perfunctoriously performeth his prescribed taske for his hire; for he thinkes the sheep not his charge. but M. Parsons. They are like the Philistim Priests, which laid the Arke of God upon a cart, and hurled it with Oxen, which they should have carried themselves. Although I speake herein too favourably of the greatest number of them, which doe not bestow so much cost, as a new Cart, and a draft of Oxen will come too,2 Repl. 1. part. p. 355. saith M. Cartwright. For they have learned their husbandry of him, saith he, which teacheth that alwayes it standeth a man in least, which may be done by a poore asse.
6. That a Layman studying to letters may retaine a Prebend, and yet not be compelled to take on the Ministerie.
If the office of the Prebendarie be necessarie, then the Prebend ought not to bee bestowed to another use. Then againe, to bestow it on a Lay-man, and not to prepare him for the use of the Ministerie, is farre from the intention of the donatour.
7. That a man entred in holy orders, and otherwise qualified according to the Lawes, may enjoy two Ecclesiasticall Benefices, if they bee Benefices of Cure within a certeine distance; if without cure, without respect of distance.
Pluralitie of benefices doth include also nonresidence. For the pluralist cannot make residence at 2. or 3.…astal. residence. 2. divers parishes at once. By statute made 21. Henr. 8. it was provided, that spirituall men being of the kings Councel, may purchase licence or dispensation, and take, receive, and keep three Parsonages or Benefices with cure of soules, Chaplaines to the King, Queen, Prince or Princes, or any of the Kings children, brethren, sisters, vncles or Aunts, two parsonages or benefices with cure of souls. Every Archbishop, and Duke may have 6. Chaplaines, whereof every one may have two Parsonages or Benefices with cure of soules: a Marquise of Earle five Chaplaines, whereof every one may have two Parsonages, or benefices with cure of soules. Every Dutchesse, Marquesse, Countesse, and Baronesse, being widowes, two Chaplaines, the Treasurer and Controller of the Kings houses, the Kings secretarie, and Dean of his Chappel, the Kings Amner, and the master of the Rolls, two Chaplaines: the chiefe Iustice of the Kings bench, and the warden of the five ports one Claplaine, every one with two benefices of cure of soules, Lords sonnes, Lords brethren, knights sonnes, Doctors and Batchelers of divinity, Doctors of Law, and Batchelers of the Canon law. Provided also that every Archbishop, because hee must occupie 8 Chaplains at cons…cration of Bishops: And every Bishop because …e must occupie 7 Chaplains, at giving of orders, & consecration of Churches, may every one of them have two Chaplaines over and above the number above limited unto them, whereof every one may purchase licence of dispensations, and take, receive, and keepe as many Parsonages, or benefices with cure of soules. In the Record of the worthy proceedings, it is sayd, that by the provisoes of that statute, the Kings Chaplaines may have as many benefices as they can get, P. 10.without stint, and some others may have 4. benefices with cure at one time in severall counties, and some two benefices and yet bee resident upon none of them, so long as hee attendeth upon his Lord and master, which is a thing intollerable in a Christian common wealth.
One person will have a mastership of a Colledge in one corner of the land, 1. Reply p▪ 46.a Deanrie in another, a Prebend in the third, as Mr. Cartwright reporteth. The author of the petition to the Queen reporteth, that manie have three or foure benefices scattered one from another an hundred miles. P. 71.In the 41. Canon of the late constitutions, it is licensed onelyonly to such as have taken the degree of a Master of Arts,Can. 41. at the least in one of the universities, and be publick and licenced teachers, to have moe benefices with cure, then one, providing the sayd benefices bee not more then 30. miles distant asunder. But what saith Brightman to the like Canon made before. What hurt have masters of Arts done thee, or how have they offended thee, that thou shouldst owe and doe unto them this mischiefe, to make them in the first place guiltie of so great a sinne? Thou confessest that pluralitie is evil, and a thing to be suppressed, and yet thou givest them leave in thy indulgence to bee infected with this pestilent disease. Doubtlesse it is a notable priviledge of their degree, that they may bee naught before any others. Pluralitie of benefice… distant 30. mile, doth include non-residence, as well as of an 100 mile. The Sun is farther distant from us then the Moon, yet it is not possible for us to touch the Moon. The last petition for reformation relateth that double beneficed men are suffered to hold some 2 or 3. benefices with cure: and some 2, 3, or 4 dignities besides. The defender of the said petition doth report, that their double beneficed men are almost sance number. P. 132.If benefices without cure of soules, require notwithstanding an office, and attendance upon that office, he cannot lawfully enioy it together with a benefice of cure. It is observed by some, that there is not one almost of their bishops, but he was first a Non-resident or pluralist, or else hee could not have had sufficient meanes to obtaine the bishoprick.
Generally: whence it is, that the Archbishop may dispense in all causes not repugnant to the word, if heretofore they have been used or accustomed to bee had at the Sea of Rome, or if not accustomed to bee obtained at the Sea of Rome, if the Prince himselfe, or those who are of his secret councell doe permit.
We heard of some speciall dispensations before: now we heare that the Archbishop may dispense in all causes dispensed heretofore by the Pope of Rome, and more also. The Pope was never duly qualified to be a lawfull dispenser, no more is the Archbishop. Where it is sayd, if the matter it selfe be not repugnant to the word of God, it is to no purpose: for the Pope will not say, that hee dispenseth in any thing repugnant to the word of God, howbeit he doth it in effect, and so doth the Archbishop. For simonie, non-residencie, pluralitie of benefices, readmission after the irregularitie of apostasie, observation of superstitious dayes and times, not eating of flesh in Lent and forbidden dayes, which are here expressed, are repugnant to the law of God. Therefore he may take the like libereie in usurie, perjurie, incest, mariage within degrees of the Leviticall law, and the rest of the cases and causes which were reserved to the Pope of old.
It is not without reason then that the authours of the Admonition call this Court a filthy quagmire, and poysoned plash of all abbominations, seeing the filth of all these abominations are washed here, and the guiltie person commeth forth after the Archbishops dispensation, as white as snow, leaving his filth behind in that Court.
Beside the Prerogative Court, the Court of Arches, the Court of Audience, the Court of Faculties, the Archbishop hath yet another Court, called the Court of Peculiars, which dealeth in certaine Parishes exempt from the Bishops iuris…iction in some Diocesse, Camd. Brit▪ p. 181.and are peculiarlie belonging to the Archbishop of Canterburie. Hee hath also inferiour Courts, such as other Bishops have. You see then, Canterburie is a petie Pope, or according to Bancrofts reckoning, a vice-pope, made up of the old spoyles of comprovinciall Bishops and Synods, and also with the new spoyls of the Pope, beeing armed beside with the Kings delegate temporall power in the High Commission, and so greater in his intensive power, then ever he was in time of Poperie. And when the union shall be accomplished, shal be greater in his extensive power also, with his Courts over-ruling our Nation, and shall be vice-pope of this little World, O if faithfull Patriots would forsee and prevent this. The least of their Ceremonies will prepare a way to this mischiefe.