A Treatise of Episcopacy, Part 1 · Chapter 2
CHAP. II. The Engliſh Dioceſan Prelacy, and Church-Government, truly deſcribed; that it may be known what it is which we diſown.
IT being not Epiſcopacy in General, but (the Popiſh and) the Engliſh Species of Prelacy, which our Judgments cannot approve, and which we cannot ſwear to as approvers, it is neceſſary that we tell ſtrangers, what this Prelacy is, that the ſubject of our Controverſie be not unknown, or miſunderſtood. But the ſubject is ſo large, that the very naming of the parts of our Eccleſiaſtical Government, in Tables by Dr. Ri. Coſins, maketh up a Volume in 16 Tables, and many hundred branches. Which being written in Latin I muſt refer the Foreign Reader to it; Not at all for the underſtanding of our Practice, but only of our Rule, or Laws with our Church-Conſtitution: ſeeing it would take up a conſiderable Volume to open but one half of his Scheme. All that I ſhall now do is to give you this brief Intimation.
That in England there are 26 or 27 Biſhopricks: of which two are Archbiſhops: In all theſe ſet together there was when Speed numbred them, nine thouſand ſeven hundred twenty five Pariſh Churches, but now many more. In the Dioceſs that I live in (Lincoln) there is above a 1000 or 1100. In very many of theſe Pariſhes, beſides the Pariſh-Churches, there are Chapels, that have Curates, in ſome Pariſhes one Chapel, in ſome two, in ſome three, if not more. In theſe Pariſhes the number of Inhabitants is various, as they are greater or leſſer: The greateſt about London, ſuch as Stepny, Giles-Cripplegate, Sepulchres, Martins, &c. have ſome about 50000 perſons, (ſome ſay much more) ſome about 30000, ſome about 20000, &c. But ordinarily in Cities and Market-Towns through the Country, the number is about 2000, or 3000, or 4000, or 5000 at the moſt, except Plimouth, and ſome few great Pariſhes that have far more. And in Villages, in ſome 2000, in ſome 1000, in ſome ſmall ones 500, or 300, or in ſome very ſmall ones fewer. There are in England 641 Market-Towns (ſaith Speed) which are of the greater ſort of Pariſhes, and ſuch as in old times were called Cities, though now a few have got that title; at leaſt a great number of them are equal, and ſome much greater and richer than ſome that now are named Cities. The Dioceſs that I live in is about ſix-ſcore Miles in length. By all this you may conjecture how many hundred thouſand ſouls are in ſome Dioceſſes, and at what a diſtance from each other: and what perſonal Communion it is that they are capable of: I my ſelf who have travelled over moſt of England never ſaw the face or heard the name of one Perſon (I think) of many thouſands in the Dioceſs that I live in: Nor have we any other Communion with the reſt of the Dioceſs (even with above a thouſand Pariſhes in it) than we have with the People of any other Church or Dioceſs in the land about us, ſave that One Biſhop and his Chancellor and other Officers, are over us all.
The Magiſtrates Civil Governmeut of the Church I ſhall not meddle with, as having no exceptions againſt it. The Sacerdotal or Spiritual Power, called the Power of the Keys, determineth who ſhall be Members of the Church, and partake of its Communion, and exerciſeth other acts of Spiritual Diſcipline, of which more anon. This power is ſaid to be in Archbiſhops and Biſhops in foro eccleſiae publico vel exteriore, though alſo in the Governed Presbyters, in foro privato interiore, as they may privately comfort a penitent perſon, and declare God's promiſe of the pardon of his ſin. [aCoſins Tab. 3.] The Archbiſhops have it in eminency: As alſo the power of confirming the Election of the Biſhops of their Provinces; and the power of Conſecrating Biſhops with two others: and the power of Convocating Provincial Synods upon the Kings Preſcript; and of moderating in them. The power of receiving Appeals, and of Viſiting the whole Provinces: yea to receive Appeals from the lower Judges, omiting the middle ones; and to exerciſe Eccleſiaſtical Juriſdiction in any vacant Dioceſs under them. They have [bCoſins Tab. 4.] power of Diſpenſation in all Cauſes (not judged contrary to Gods word) wherever the Pope had power; and where the Pope had not power, if the King or Council permit it them. They may diſpenſe with the Eating of fleſh on Faſting-days, with Marrying without previous publication; with divers irregularities, and ſometime may aboliſh ſimoniacum ambitum. They may grant Commendams, and Diſpence with Non-reſidence, and with the keeping of divers Churches called Benefices, in ſeveral Caſes, and with a Sons ſucceeding his Father, and with Lay-mens poſſeſſing the Church-maintenance, called Prebends.
The Biſhops (who take place in Parliament of other Barons, as the Archbiſhops do of Dukes) [cCoſins Tab. 5.] are all choſen really by the King, who nominateth in a Writ to the Dean and Chapter the man whom they muſt chuſe; who pro forma do chuſe him, never contradicting the Kings Nomination.
Their proper Office conſiſteth in the powers of Order and of Juriſdiction, (as they diſtinguiſh them:) Their power of Order is threefold, 1. To Ordain Prieſts and Deacons. 2. To Conſecrate Churches and Burying places; 3. To Confirm Children after Baptiſm, when they can ſpeak and ſay the Creed, Lords Prayer and Decalogue, and others that were not Confirmed in their Childhood. Beſides, that they may be Privy-Counſellors, Lord-Keepers of the Great Seal, Lord Treaſurers, Embaſſadours, &c. Their ordinary Eccleſiaſtical Juriſdiction extendeth, 1. to the Interdiction of Divine Offices; 2. to publick Admonitions and Penances, 3. to ſuſpenſion from the Sacrament, and from ingreſs into the Church, and 4. to Excommunication and Abſolution, and 5. to Anathematiſms. And as to Miniſters, 1. They may Sequeſter Benefices. 2. They may Suſpend ab officio & beneficio, and forbid them to Preach or Pray; Or grant Licenſe to ſuch as ſhall be tolerated to Preach. 3. They may deprive; 4. And depoſe Miniſters by ſentence verbal, and degradation actually.
This Church Juriſdiction of Biſhops is diſtinguiſhed into Voluntary and Contentious; [dCoſ. Tab. 6.] The Voluntary extendeth to abundance of things granted them by Statute, and by Common Law, which I paſs by: That which they claim both by Municipal Law and Eccleſiaſtical, is, 1. The probate of the Teſtaments of the dead; 2. The granting Adminiſtration of Goods to the next of Kin, 3. Keeping the bona caduca where none claimeth the Inheritance, 4. To receive Reaſons of Adminiſtring, and to be Judges of them. 5. To confer Benefices, or Inſtitute ſuch as others preſent. 6. To grant Induction to the Inſtituted. 7. To receive the Fruits of vacant Benefices. 8. To allow the Vicar a fit proportion. 9. To grant Letters Dimiſſory, or Teſtimonial. 10. To Viſit their Dioceſs once in three years. In which Triennial Viſitation, they uſually go to one Town in a County, (and never ſee the face of the people in the many ſcore or hundred Churches about them;) and thither they ſummon the Miniſters, and the Church-Wardens and Sides-men; Where one Miniſter preacheth, and then the Miniſters muſt dine with the Biſhop; and in Court he (or his Officer) giveth a Book of Printed Articles, containing a multitude of particulars, which the Church-warden muſt ſwear to preſent by, where becauſe of the quality of them ſome Church-Wardens refuſe, and others becauſe of the number; ſome ſaying it is unlawful to undo their Miniſters and Neighbours by ſuch Preſentments (as for omitting a Ceremony, for preaching or keeping a Faſt in private, &c.) and ſome ſaying it is impoſſible to keep the Oath, and ſome ſaying that if they do it, they ſhall be hated of their Neighbours: Whereupon thoſe that refuſe are proſecuted to puniſhment; And the reſt take the Oath and Articles; but not one of many doth preſent accordingly; though the Canon enquires after the perjured. And many that fear perjury or perſecution themſelves, do hire ſome poor man to be Church-Warden in their ſtead, that will venture upon all. I muſt intreat the Reader to peruſe ſome of their Books of Articles (eſpecially ſuch as Biſhop Mountagues and Biſhop Wrens) to ſee what was then enquired after. Dr. Zouch de Jud. Eccleſs. p. 37. §. 1. Part. 3. ſaith, Ad judices quod attinet ſtatuto ordinatum, quod perſonae conjugatae dummodo Doctores Juris Civilis fuerint, qui ad officium Cancellarii, Vicarii Generalis, Officialis, vel Commiſſarii à Majeſtate Regia, Archiapiſcopo, Epiſcopo, Archidiacono aut alio quocunque poteſtatem habente deputati ſunt, omnem Juriſdictionem Eccleſiaſticam exercere, & quam libet cenſuram ſive coercitionem …rrogare poſſint.
This Juriſdiction of Biſhops is exerciſed either Univerſally by a Vicar General, uſually a Lay-man; or qarticularly by a Commiſſary. [eCoſ. Tab. 2.] And when he pleaſe the Biſhop may do it himſelf.
The other part of their Juriſdiction is called Contentious; And here the Biſhop may himſelf judge in ſome Caſes fCoſ. Tab. 8.but in the ordinary courſe of Juriſdiction, a Civil Lawyer called his Chancellor is the Judge: This Chancellor is and muſt be a Lay-man, which even Biſhop Goodman of Glouceſter, [Myſt. Rel. Epiſt. I have it and can produce it at this time, under the Kings own Hand and Seal, wherein he forbids that any Churchman or Prieſt in Holy Orders be a Chancellor: and this was the occaſion of all the corruption of the Spiritual Courts: For Chancellors live only on the Fees of the Court: and for them to diſmiſs a Cauſe, it was to loſe ſo much blood. See further in him.] a Papiſt Biſhop of a Proteſtant Dioceſs, complaineth in Print, that he could not get Reformed. This Chancellor keepeth an Ordinary Court, in the form of a Civil Court, where are Advocates for Council, and Proctors for pleading: gCoſ. Tab. 2. & Tab. 8.Certain men called Apparitors (whoſe name is commonly a ſcorn among the people,) do from abroad the Country bring them in Accuſations, and Summon the perſons accuſed; beſides thoſe that by Plaintiffs are accuſed. Here are judged Cauſes about Church Materials, and Cauſes Criminal; which he that readeth the whole Book of Canons and the Viſitation Articles may ſee, they being too many for me to recite. hCoſ. ibid.Beſides a multitude of Caſes about Marriages (to be contracted, diſſolved, ſeparation) and Teſtaments, and the Goods of Inteſtate perſons.iCoſ. ibid.
Prieſts, Deacons and Lay-men are judged in theſe Courts; The final conſtraining penalty is Excommunication, or before that Suſpenſion, and other degrees of Church puniſhment before mentioned as belonging to the Biſhop: The ſuppoſed offenders are no otherwiſe dealt with to bring them to true Repentance, than as in Civil Courts by other Lay-Judges. They that appear not, and they that pay not the Fees of the Court and Officers, are Excommunicate, and they that obey not the Orders of the Court. In Excommunications and Abſolutions the Lay-Chancellor is Judg, but he writeth the Decree in the Biſhops name: And (at leaſt ſometimes) pro formâ, ſome Prieſt or other is procured to be preſent (no Biſhop,) to utter the Sentence which the Lay Judge Decreeth: This Sentence is ſent by the Chancellor to the Miniſter of the Pariſh where the offender liveth, who muſt publiſh it in the Church openly (as the Cryer doth the Kings Proclamation;) But if it be the Miniſter himſelf that is Excommunicated, another Miniſter readeth it. The whole proceſs of their Judicial Tryals, Sentences and Executions you may ſee in Coſin's, Tab. 9. 10.
Beſides the Chancellor's Courts (called the Biſhops) the Archdeacons have certain inferiour Courts, where they enquire after faults, and return the great ones to the Biſhops Courts. kCoſ. Tab. 2.And they Induct or give poſſeſſion of Benefices.
As for the Pariſh Prieſts or Miniſters, ordinary Pariſhes have but one to each; but Great Pariſhes cannot be ſerved (as they call it) without a Curate; and each Chapel hath a Curate; but all under One, that hath the ſole poſſeſſion of the Benefice, whether he be Parſon or Vicar. Theſe Prieſts are Ordained by the Biſhop (ſome one, two, or three Presbyters if preſent alſo impoſing hands:) They are choſen to the Church and Benefice by the Patron who preſents them to the Biſhop; who giveth them Inſtitution for Title, and Induction for poſſeſſion. When he is Ordained, Inſtituted and Inducted, he muſt not Preach to his People, till he hath got a lAct of Uniform.Licenſe from the Biſhop of that Dioceſs; no though he were before Licenſed in another Dioceſs: Nor muſt he Preach or Officiate, or have any Benefice or Church, till he have ſubſcribed,That Pariſh Prieſts have no Governing power, ſee Dr. Zouch; as alſo that the King is the Eccleſiaſtical Supream. and done as is expreſſed in the Act of Uniformity: And he muſt declare his Aſſent and Conſent to all things contained in and preſcribed by three Books (the Liturgy, the Book of Ordination, and the Articles.) And he muſt ſwear obedience to his Biſhop.
His Office is (when after Licenſed) to Preach, to Read the Scriptures, and the Apocrypha, and many Acts of Parliament, and Homilies, to read the Liturgy or Prayers; To give notice of Holy-days and Faſtingdays: To Baptize all Children, without exception, that are offered him, by Godfathers and Godmothers (the Parents not Covenanting for them, but others;) To Marry perſons; To Church Women after Child bearing; To hear Children in Church ſay the Catechiſm that is in the Liturgy (but many have been forbidden by the Biſhops to expound it, or tell the Children the meaning of the words which they ſay by rote:) To celebrate and give the Sacrament to the Pariſhioners: To viſit the Sick, and abſolve them, if they ſay they repent: To bury the Dead, affirming of them all that God in mercy hath taken their ſouls, as our dear brethren, to himſelf; excepting only, 1. Thoſe that die unbaptized (though Children of Princes or godly Parents) 2. Thoſe that are Excommunicate (uſually ſuch as durſt not Conform to them:) 3. And thoſe that kill themſelves (though in a Frenſie:) To uſe the Croſs, Surplice, and other Ceremonies of the Church: And to joyn with the Church-Wardens (if they pleaſe) in preſenting ſuch to the Biſhops Courts, as break their Laws; And if he deny any notorious offender the Sacrament, he muſt become his Accuſer before the Chancellour, or Biſhops Court. mCoſ. Tab. 13.This is the Office of a Pariſh Prieſt.
Where you muſt note 1. in general, that he hath no Judicial Administration in the Church: nCoſ. Tab. 11.They ordinarily ſay, that he hath no Juriſdiction, but meer Prieſtly Orders; As if they knew not that Prieſtly Order is nothing but the Sacred Office; and that that Office is the Power of the Keys, or eſſentially containeth the Power of Guiding the Flock in Teaching, Worſhip and Diſcipline, under Chriſt the Chief Prophet, Prieſt and King. Civil Juriſdiction over the Church is the Kings, and Spiritual is part of the Prieſtly Office or Order (as to the ſubject people to be governed.)
2. Particularly note, 1. that the Miniſter hath in England no power to Judge whom to Baptize, and whom not, but muſt Baptize all that are offered, though the Children of Jews, Infidels, Turks, Apoſtates.
2. That he hath no power to hinder the admiſſion of any ſo baptized, into the ſtate of adult Members by the Biſhops Confirmation. For though it be ſaid Children ſhall bring his Certificate, that they can ſay the Catechiſm, yet 1. thoſe Children may go without it, and do ordinarily: When I was confirmed my ſelf, none was required, nor did I ever ſee any given. 2. And if it were, the poor Children ſeldom underſtand any thing that they ſay, or much. 3. There is not one of multitudes in our Churches that ever ſought or minded ſuch Confirmation, becauſe of its abuſe.
3. That he hath no power to hinder any confirmed, or adult perſons from the Sacraments, on the account of the groſſeſt ignorance or infidelity: when multitudes among us know not what the Sacrament is, nor know the eſſentials of the Chriſtian Faith.
4. He hath no power to convent any open offender before him, to call him to repentance: They may chuſe to come to him, or to open their doors to him, or ſpeak to him, if he come to them.
5. He hath no power to call them to Repentance openly before the Church, or pray by name for their Repentance; or admoniſh them.
6. He hath no power to judge any perſon to be Excommunicate.
7. Nor to abſolve any that is penitent after Excommunication; But only to read the Lay-Chancellours ſentences, ſent him in the Biſhops name.
8. He hath no power to forbear giving the Lords Supper to any one how notorious an offender ſoever, unleſs he will proſecute him at the Biſhops Court, nor then, but for once: So that if he pay his Fees and be Abſolved there, though the Miniſter know him to be never ſo bad, he muſt give the Sacrament the next time. And the proſecution is ſo odious and fruitleſs that I never knew any do it, except againſt the Nonconformiſts.
9. He that ſeeth never ſo great ſigns of Impenitency in any man that is ſick, or will but ſay that he is ſick, hath no power to deny him private Abſolution and the Sacrament, if he do but ſay, I Repent.
10. He hath no power to forbear pronouncing of all Traytors, Murderers, Adulterers, Perjured, Atheiſts, &c. that never profeſt Repentance, at their Burial, that God hath of his mercy taken to himſelf the ſoul of this our dear brother; except the unbaptized, &c. aforeſaid.
And note, 1. that the Pariſh Prieſt hath no power to do theſe things either by himſelf, or in conjunction with the Biſhop, or any other.
2. And that there is not one Suffragan Biſhop or Chorepiſcopus in England under the 26 Biſhops, to do any part of their work in theſe 97025 Pariſhes.