Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 2
2. Partic. —As it now ſtands.
The 15. DOUBT.
15. Particular Doubt.Whether the eſtabliſhment of thefSo the Archbiſh of Cant. diſting. in his Speech in the Starre-chamb. an. 1637. p. 6. Adjuncts, or thegSo Biſh. Hall calleth them, in the Coroll. to his prop. touching Govern. p. 7. not neceſſary Appendences of Biſhops bee to bee ſworne unto in this Oath.
THE REASON.
BEcauſe with them they now ſtand: Epiſcopacy is now honoured and aſſiſted by Baronries, and the Eccleſiaſticall Government by the high Commiſſion; now there are but two Archbiſhoprickes: above the Archbiſhops no Patriarchs, and thehDoct. Couſ. de polit. Angl. cap. 3. Archbiſhops (of Canterbury eſpecially) have many priviledges and prerogatives; all which ſtand by the ſupport, or fall by the weight of Royall Authority, from which theiriStat. 37. H. 8. c. 17. Stat. 1. Edw. 6. c. 2. & 25. H. 8. c. 19. & 1 Eliſ. c. 1. & 5 Eliſ. c. 1. & 3. Jac. c. 4. Juriſdiction is derived.
For firſt, as Biſhop Godwin obſerveth, when Rich. Clifford was made Biſhop of London by the Popes proviſion, againſt the Kings mind (it was King Edward the fourth) hekBiſh. Godw. in his Catol. of Biſh. p. 200. denied to give him his Temporalties, and ſo made him deſiſt from purſuit of that ſpirituall promotion; and the ſame power will bee (we doubt not) confeſſed by all our Biſhops, to bee in all our Kings ſucceſſively.
Secondly, for the high Commiſſion, it was firſt ſet up (as ſome Lawyers have told us) but in the beginning of Queen Eliſabeths raigne; and is not ſo eſtabliſhed, but that by Regall power it may bee demoliſhed.
Thirdly, there may bee more Archbiſhops then two, if it pleaſe the King: for, by the ſame right, or better, thatlIbid. pag. 58. Offa King of Mercia erected a new Archbiſhopricke in Lichfield (leaving to the Archbiſhop of Canterbury for his Province onelyonly London, Wincheſter, Rocheſter, and Sherbourne) may his Majeſty that now is erect new Archbiſhops in what Dioceſſe hee pleaſeth, and may reſtore the old; and ſo not onelyonly Lincolne ſhall bee an Archbiſhopricke, butmArchbiſh. Whitg. out of Maſter Foxe noteth, that about the year 180. the three Archiſtamines of the Pagan Britain were changed into three Archbiſhoprickes: the one of London, the other of Yorke, the third of Glamorgan, none of Cant. Archb. Whitg. reply to Maſter Cartwr. pag. 323. It is like the moſt of England was under London, the reſt and Scotland under Yorke, as Biſhop Godwin writeth, and under Glamorgan Wales. Godw. Catal. of Biſh. p. 181, 182. London and Glamorgan, ornSee Godw. his Catal. of Biſhops. pag. 503, 504. Saint Davids: and for London, it continued ſo from the yeare 300. or thereabout (though Stowe ſay it was the ſame Archbiſhopricke with Canterburie, onelyonly locally changed) untill Gregory his time, who was Pope about the yeare 600. and the King may limit their Juriſdiction, as he ſhall conceive to be moſt convenient.
Fourthly, over the Archbiſhops of his dominions (for the calling and governing of aoNationale Concilium Patriarcha regni convocare debet, Provinciale Archiepiſcopus, &c. Praelud. in Caranz. ſum. concil. cap. 3. p. 4. edit. 1633. Nationall Councell) hee may place a Patriarch; and King James ſhewed himſelfe well enough inclined to ſuch a ſuperiority, when he ſaid,pKing James his premonit. to free Princes and States. pag 366. Patriarchs, I know, were in the time of the Primitive Church, and among them there was a contention for the firſt place: and for my ſelfe if that were yet the Queſtion (and Papall Innovation in Religion put downe; for that is his meaning, though he doe not plainly expreſſe it) I would with all mine heart give my conſent, that the Biſhop of Rome ſhould have the firſt ſeat: I being a Weſterne King, would goe with the Patriarch of the Weſt, as the Churches of great Britaine ofqBy humane Inſtitution wee ſuffered our ſelves to be ranged under the Church of Romes Patriarchall Authority, as being the moſt famous Church of the Weſt, a matter of courteſie, no neceſſity, no ſpirituall obligation. Biſh. Hall againſt Browniſts. ſect 23. pag. 590. courteſie, not of duty, in former times were wont to doe.
And for each particular Prelate, whether Archbiſhop, or Biſhop, he is to bee regulated for his Courts, and other Juriſdiction, by Royall Authority: and how farre they ſtand eſtabliſhed in the Kings favour, purpoſe, or promiſe, we cannot tell, nor dare we ſweare; much leſſe dare wee bee ſo peremptory concerning the power of Deanes, or Archdeacons: for to Deanes, which have not Epiſcopall Juriſdiction, hee may grant as much priviledge as the Deanes of Weſtminſter, or Windſor doe enjoy; and by the ſame Authority that ſome may have more, may others have leſſe.
And for Archdeacons, the doubt is more, ſince their eſtabliſhment conſiſts in preſcription, as before hath been obſerved; and that preſcription in ſome reſpects may be a prevarication, fitter to be aboliſhed, then eſtabliſhed: as appeareth by that of Spalatenſis, ſaying,rCum Archidiaconi jam paſſim ſupra Presbyteros collocentur, id tandem nimiâ corum pertinaciâ, & Praelatorum conniventiâ, eos eviciſſe meritò poſſumus affirmare. Spalat. de Repub. Eccleſ. lib. 7. c. 4. pag. 273. 58. That the Archdeacons placing above the Archpresbyters is to be imputed to their pertinacy, and to the Biſhops connivence.
But in this Dioceſſe (for many yeares paſt) Juriſdiction hath not been ſo much, as an unneceſſary appendance to Archdeacons; (ſince all that while) it hath been no appendance at all: for untill very lately they had no Juriſdiction at all; wee cannot then ſay, much leſſe ſweare, their Government is eſtabliſhed, ſince it was but newly erected, and made up out of Rurall Deanries, which is a fabricke, like a Tent or Tabernacle newly ſet up, and may bee quickly taken downe againe.