A Catalogue of Superstitions, Title page

A Catalogue of Superstitions · Title page

A CATALOGVE OF SUPERSTITIOUS INNOVATIONS IN The change of Services and Ceremonies; of preſumptuous irregularities, and tranſgreſſions, againſt the Articles of Religion, Act of Parliament for uniformity, Canons, Advertiſements, Injunctions, and Homilies.

And Laſtly, Of ſundry perjurious Violations of the locall Statutes of Durham Cathedrall Church, which the Dean and Prebendaries, and all other Members of the ſaid Church, took their corporall Oaths, to obſerve, and obey, at their admittance and inſtallation, according to that in the 13. Chap. Deadmiſſione Canonicorum.

Omnes cujuſcunque nominis & conditionis fuerit jurabunt.

Brought into Durham Cathedrall by Biſhop Neal, and the Dean, and Prebendaries of the ſaid Church.

Oppoſed by Peter Smart, Prebendary of Durham, lately reſtored to his ſaid Prebend, All cenſures and ſentences of the Commiſſioners and other Judges, being Reverſed and Cancelled by the High Court of Parliament, after his eleven yeers impriſonment, and fourteen yeers perſecution in the ſeverall High Commiſſions of Durham, London, and York, for Preaching againſt the Superſtitious Innovations in Durham, aforeſaid.

London, Printed for Joſeph Hunſcott. 1642

p. 9A Catalogue of Superſtitious Innovations in the change of Services and Ceremonies; Of preſumptuous irregularities, and tranſgreſſions againſt the Articles of Religion, Act of Parliament for uniformity, Canons, Advertiſements, Iujunctions, and Homilies, &c.

INnovators in Durbam, offended againſt the Church of England, in taking away the Communion-Table, and in place thereof, erecting an Altar contrary to the Injunction for Tables in Churches, which commandeth Altars to be removed, and Communion-Tables, brought into all Churches, and Chappels, both Cathedrall and others, that uniformity might be obſerved.

2. They likewiſe offended againſt the Church of England in all her Church-Books (in which the word Altar for Communion-Table is never put,) I mean the new Teſtament, the Book of Commonprayer, the Injunctions, Canons, Articles of Religion, and Homilies; they offended I ſay, in that they give to the holy Table, the name of an Altar, it being no true Altar; not ſo much as the Image of an Altar, or having any likeneſſe, or reſemblance of an Altar.

3. They offended in making it a brave and ſumptuous Altar, with much gay and gaudy ſuperſtitious and unlawfull furniture; whereas (according to the advertiſements, and eighty two Canon) it ought to be p. 10a Table, not an Altar, a decent Table, not curiouſly carved, not gorgeouſly beautified, painted, and guilded, to move admiration, nor vile filthy and rotten, to make it baſe and contemptible in the ſight of the people.

4. They offended in making it of ſtone, whereas it ſhould be of Wood, and ſetting it upon ſtone Pillars, or upon a Wall; whereas it ſhould ſtand upon a frame, according to the Injunctions, Can. de Ae…ituis Eccleſiarum, And the Latine Canon which ſaith, Curabunt Menſam ex aſſeribus compoſitè junct…m, quae adminiſtrationi ſacro-ſancte communionis inſeruiat, and practiſe of Durham, and other Cathedrall and Pariſh Churches, ſince the reformation, 1. Eliz. when ſtone Altars were demoliſhed, becauſe they were unmoveable, faſtned to the ground, and ſo heavy, that twenty men could not bear one ſtone Altar, but they ſhould be light and portable, for it is the Deacons Office to carry, or remoue the Table, and how can it be portable, if it be like to Durham Altar, on ſtone columes, or Wormeth Altar, on a ſtone Wall; and how can the Deacons do their Office in removing the Table from place to place, as occaſion ſerveth, and our Church enjoyneth; which is unpoſſible, if it be of Marble ſtone… and a double Table as Durham is, ſo heavy as a Wain-load of ſtones, and faſtned to the ground alſo.

5. They impudently tranſgreſſed, eſpecially in ſome Pariſh Churches, in not placing the holy Table where morning Prayer, and evening Prayer are appointed to be ſaid, but at the Eaſt end of the Church or Chancell, whereno part of evening Prayer is ever ſaid in any Church at an Altar or Table, but in Pariſh Churches; where there are long and narrow Chancels, the people in the Body of the Church neither hear nor ſee the Prieſt at his Altar in the Eaſt, and conſequently cannot be edified.

Alſo in Cathedrall Churches, where the Table is placed ſo far from the Congregation, the Miniſter officiating thereat, cannot ſo well be heard, nor the people ſo well be edified, as when the Table ſtandeth in the Body of the Church, or Quire, neer amongſt the people.

6. Innovators in Durbam and York, have notoriouſly tranſgreſſed againſt the Book of common Prayer, both in Cathedrall and Pariſh Churches and Chappells, in ſetting the Communion Table with neither ſide toward the North, ſo that the Miniſter cannot ſtand at the North ſide, as the Rubrick enjoyns him to do, and as the cuſtome is of all Miniſters officiating.

p. 117. Innovators in Durham and York have grievouſly offended in teaching falſly, and maintaining, That Prieſts, Sacrifices, and Altars are indifferently uſed for Miniſters, Sacraments, and Communion Tables in the Liturgy of the Church of England; for thoſe things are indifferently uſed, which are uſed pr…miſcuè, as Synonimous words of the ſame ſignification are uſed commonly.

But our Church Liturgy uſeth not the words Prieſt, Sacrifice, and Altar indifferently, and ſo commonly as the words Miniſter, Sacrament, and Communion Table;

For Altar is never mentioned in our Liturgie, but the Lords Table, and Lords Boord; nor Sacrament is ever tearmed a Sacrifice in the Liturgy; for at the Communion all that receive are appointed to ſay, Accept, O Lord, this our Sacrifice of praiſe and thanksgiving: And again, not the Miniſter alone, but all the Communicants muſt ſay, We offer and preſent unto thee, O Lord, our ſouls and Bodies to be an holy and lively Sacrifice, neither is the word Prieſt ever ſo much as once mentioned in the Text of our Liturgy, ſave onelyonly in the Rubrick, which are rules and directions how to uſe the Liturgy:

As for example, In the Abſolution, God hath given power and commandment to his Miniſters (not Prieſts) to declare and pronounce to his people, being penitent, the Abſolution and Remiſſion of their ſinnes: And in the Letany, That it will pleaſe thee to illuminate all Biſhops, Paſtors, and Miniſters of the Church, &c. And another place, Endues by Miniſters with righteouſneſſe (not Prieſts) becauſe the word Prieſt, implyes a Sacrifice, as ſaith Biſhop Latimer; and it is never uſed in the Word of God, for a Miniſter of the Goſpel: ſo that by uſing the words Altar, Prieſt, Sacrifice, they ſpeak not the language of their Mother the Church of England.

8. They offended in oppoſing the Fathers, and the primitive Church, againſt the Church of England, and the grave and learned Biſhops which reformed the ſame, in defence of Altars, Prieſts, Sacrifices, &c. which they preferre before Communion Tables, Miniſters, and Sacraments.

Doctor Morton, now Biſhop of Durham, in his Apologie, pag. 165. ſaith, Primitive antiquity (as hath been confeſſed by Papiſts themſelves) did abſtain from the names of Prieſt, Altar, and Sacrifices, tearming them according to the tenor of the new Teſtament, Elders, or Biſhops, Tables and Euchariſts.

p. 12In the after times, the Fathers preſumed to take a greater liberty of ſpeech; but they never meant to defend ſuch popiſh ſacriledge, as is the having of Prieſts, Sacrifices, and Altars: And becauſe ages more degenerating did ſet as it were a Byas upon the phraſes Prieſts, Sacrifices, Altar (which had been uſed by the Fathers improperly) to draw them to a proper ſignification, flat contrary to their firſt Inſtitution; therefore did Proteſtants wiſh, That thoſe ancient Fathers had rather contained themſelves within their more ancient bounds, than that their liberty of ſpeech ſhould have occaſioned in Romaniſts that prodigall error in Doctrine. Thus much ſaith Doctor Morton.

9. They notoriouſly offended in removing the Font ſo often from the ancient uſuall place where heretofore it ſtood, contrary to the advertiſement, The Font ſhall not be removed; and the 81 Canon, The Font ſhall ſtand in the ancient uſuall place.

10. They offended highly in adoring the Altar, falſly ſo called; for when it is gorgeouſly adorned with brave and rich Furniture, and ſet up on high at top of the Quire or Chancell, removed from the baſe and prophane multitude, as they account them, and carrying a greater Majeſty than it had, being a plain Communion Table, ſtanding in the Body of the Church, then they bowed down to it, and worſhipped it, more than ever the papiſts did, making it thereby an execrable Idoll; they bow down, I ſay, their bodies before the ſame Altar, and towards no other thing or place in the Church, as if it were the moſt holy thing the Church of God hath, (as Doctor Duncomb blaſphemouſly writeth, in his Determination) holyer than the Bible it ſelf, to which none make legs, or bow their bodies.

11. They have offended in contradicting the Church of England, and endamaging our reformed Religion, in not defacing nor aboliſhing monuments of Idolatry, but repairing, adorning, beautifying, and multiplying them, more than ever they were in time of popery, contrary to the 23 Injunction, in which, charge is given for the aboliſhing of things ſuperſtitious.

That Candleſticks, Pictures, Paintings, and all manner of Monuments of Idolatry be taken away, utterly extinct, and deſtroyed. So that there remain no memory of the ſame in Walls, Windows, or elſewhere, Item, In the Articles of the firſt yeer of the Queens viſitation, 1559. The ſecond Article enquireth, whether Candleſticks, Images, p. 13Pictures, and other Monuments of Idolatry, and Superſtition, be aboliſhed: Hereby it appeareth that the intention of the Church of England, was at the reformation thereof; from Popiſh Superſtition, and Idolatry, that Maſſing Copes, and other Altar Cloaths, embroydered with Images: That Candleſticks, Tapers, Croſſes, Crucifixes, &c. being once ejected, muſt not be brought in again, and ſet upon the Communion Table, or in Windows above the Table, as is done in Durham, and other Churches adjoyning.

12. They offended in rejecting the Homilies, and Injunctions, and conſequently the doctrine of the Church of England, becauſe they condemn Images, Altars, and other ſuperfluous ornaments.

The Homily of the place, and time of prayer, hath theſe words of a woman, ſaying, to her neighbour at the firſt reformation of Churches in England; Alas, alas, what ſhall we now do at Church, ſince all the Saints are taken away, ſeeing all the goodly fights we were wont to have are gone, ſeeing we cannot have the like piping, and chanting, and playing on the Organs that we had before. But dearly beloved, ſaith the Homily, we ought greatly to rejoyce, and give God thanks, that our Churches are delivered from all theſe things which diſpleaſed God ſo ſore; but now, thoſe abominations which were taken away at Durham, are reſtored again with great advantage.

13. They offended in calling their ſuperſtitious Trinkets, Ornaments of the Church, which our Church diſalloweth, and condemneth, as being diſgracements of Religion, and abominations in the Church of God.

Thus ſaith the Homily againſt the perill of Idolatry, and Superſtitious decking of Churches. The Lords holy Name ought to be called upon by publike prayer, and thankſgiving; his holy Sacraments ought duly and reverently to be adminiſtred, not gaudily, flauntingly, theatrically, hiſtriorically; due reverence is ſtirred up in the hearts of the godly by the confideration of thoſe true ornaments of the houſe of God, and not by any outward Ceremonies, or coſtly and glorious deckings of the ſaid Houſe or Temple of the Lord, as Saint Bernard ſaith, Orantium in ſe retorquent aſpectum, impediunt affectum, Such glorious ſpectacles draw away from God, the minde of them that pray, and they hinder holy affections, or meditations.

p. 14Praetendunt ornatum (ſaith Heming…us) in his Enchiridion, ſpeaking of Images, Si illi ornat… adjunctum ſit ullu… periculum, ſit maledictus. They pretend that they are ſet up for Ornaments, but cu…ſed be ſuch Ornaments, to which the perill of Idolatry is joyned; And again, Spiritus Sanctus, ſaith Ezekiel, Chr. 20. Vocat Idola abominationes oculorum, ſed puluis & ciuis ea vocat ornamenta oculorum, The holy Ghoſt calls Images the abhomination of the eyes, but man that is but duſt and aſhes, calls them the ornaments of the eyes, and then he concludeth, Verus ornatus Templorum, utilis & Deo, gratus eſt, concio, cantio, oratio, communio & non haec quae vel impediunt vol vitiant, The true Ornaments of the Church profitable to men, and acceptable to God, is, the preaching of Gods Word, the ſinging of Pſalms, the adminiſtration of the Sacraments, and Prayer, and not ſuch things as do hinder and defile the ſame.

14. They have offended againſt their Mother, the Church of England, in taking away the ten Commandments, where they placed their Altar; for having caſt out the decent Communion Table at the ſame time, they ſent away into the Countrey the Decalogue fairly written in golden Letters, contrary to the expreſſe words of the 82. Canon, and practiſe of all our Churches.

The ten Commandments ſhall be ſet upon the Eaſt end of every Church or Chapell where the people may beſt ſee and read the ſame; So they were placed in Durham Cathedrall, very fairly written, and hanging upon the Wall, till the Lords Table was taken away, and a brave ſumptuous Altar daily adored by all ſorts of people, ſpecially, Prieſts and Clerks, with bowing down their bodies before it.

Till (I ſay) a glorious high Altar was erected with Crucifixes, and other Images of Saints and Angels, even of the Trinity it ſelf.

Which Idols (as the Church of England calls them in her Homilies) could not endure the preſence of Gods ſecond Commandment, which forbids Images and Idolatry; and much more reaſon had they to remove the Decalogue out of their ſight, ſince the fourth Commandment alſo was by them abrogated, which commandeth the obſervation of the Sabbath, Remember that thou keep holy the Sabbath day, the ſeventh day is the Sabbath of the Lord thy God, in it thou ſhalt do no manner of work. At the end of the fourth Commandment, our Church enjoyneth the people to kneel down, and ſay, Lord have mercy upon us, and incline p. 15our hearts to keep this Law, What Law? The Law for obſerving the Chriſtian Sabbath; which word Doctor Linſell ſaid, My ſtomack riſeth when I hear Sabbath, call it no more Sabbath; And Biſhop Neal ſaid at his viſitation in Durham, I ſee no reaſon but that the Feſtivall day of a Saint, may be preferred before Sunday, what is Sunday?

15. They have ridiculouſly and ſuperſtitiouſly offended in the uſe of Copes, and other ſuperſtitious Veſtments, falſely called Copes, at unlawfull times and places.

And they continued even till this time, 1642. in the ſame abuſe, being admoniſhed and taught the truth, they will not amend, nor acknowledge their errour.

The 24. Canon ſaith thus, in all Cathedrall and Colligiat Churches, the holy Communion ſhall be adminiſtred by the Biſhop or a Prebendary, the principall Miniſter uſing a decent Cope, and being aſſiſted by the Epiſtoler and Goſpeller agreeably, according to the advertiſements publiſhed, Anno 7. Eliz.

The advertiſements made by Commiſſioners authorized, under the great Seal of England, ſaith thus:

At the adminiſtration of the holy Communion in Cathedrall and Collegiat Churches, the principall Miniſter ſhall uſe a Cope with the Epiſtoler and Goſpeller agreeably, and at all other prayers at the Communion Table, to uſe no Copes but Surpleſſes; The 45. Canon ſaith the ſame, When there is no Communion, it ſhall be ſufficient to wear Surpleſſes. By this it is manifeſt, That the Copes muſt be decent, and they muſt never be uſed, ſave only at the adminiſtration of the holy Communion.

But Durham Innovators did ſay their ſecond Service daily when there was no Communion at their Altar, and after every Sermon, one of the Prieſts did put on a Cope, to ſay, two or three Prayers at the Altar, not ſuffering the Miniſter to diſmiſſe the Congregation with bleſſing of Gods peace as was wont to be done in Durham, and all other Cathedralls of England, till very lately ſome new fangled Deans, and ignorant Canons, abſurdly have imitated Durhams fooleries.

16. They offended in uſing, and juſtifying him that uſed a Cope in the Pulpit, a Hood being appointed, and ſitting in his Stall in a p. 16Cope at time of divine Service and Sermon; at which times, Hoods are alwayes commanded to be worn by Graduates, which are never put on with Copes, and Copes are alwayes forbidden, ſave only at the adminiſtration of the holy Communion.

This was done in Durham, contrary to the example of all Churches, either popiſh or Reformed; contrary alſo to the expreſſe words of the Canon and Injunctions. In the 25 Canon thus we reade, In the time of Divine Service in all Cathedrall and Collegiate Churches, Deans and Prebendaries being Graduates, ſhall dayly, at the times of Prayers and Preachings, wear with their Surplices ſuch hoods as are agreeable to their Degrees.

The Advertiſement ſaith the ſame, Item, That the Dean and Prebendaries wear a Surplice with a Silk Hood in the Quire, and when they preach in the Cathedrall or Collegiate Church, to wear their Hoods.

Maſter Burg…yn, the firſt ſetter up of Altars, and introducer of other popiſh Ceremonies in that Countrey, having taken three Degrees in Cambridge, offended thrice in wearing a Cope without his Hood; without which Hood he preached twice; and once ſate in his ſtall in a Cope when he preached not, as if he had been ſome Sir John lack-latine, or ſimple petty-Canon.

17. They offended both in uſing ſumptuous Copes glittering with Images; and among the reſt, of the bleſſed Trinity; God the Father, in the likeneſſe of an old man; God the Son, in the likeneſſe of a younger man; the holy Ghoſt, in the ſimilitude of a Dove, wrought upon red Velvet with Gold, Silver, and Pearl; one of which was taken from a Maſſe-prieſt.

As alſo in uſing ſcurvie, py-bald, curtal'd, and ridiculous Veſtments, falſly called Copes (being indeed very fools coats) at the Communion Table, and that dayly at the Adminiſtration of the holy Communion; whereas by the aforeſaid 24 Canon, a decent Cope is onelyonly commanded; and by the Latine Canon all Veſtments defiled with ſuperſtition are forbidden: in the latine Canon de officio Decani, thus we are taught, Nullus ex ordine Eccleſiaſtico quocunque nomine cenſeatur, utetur ulla veſte ſuperſtitione contaminata; No Eccleſiaſticall perſon, by what name ſoever he be called, ſhall uſe the gray Amice (as they call it) or any other Veſture defiled with like ſuperſtition.

p. 918 They have wickedly tranſgreſſed againſt the 49. Injunction, in abuſing the laudible Science of Muſicke every day, and every Service without underſtanding of the people, and edification.

The 49. Injunction willeth and commandeth the laudible Science of Muſick be ſo preſerved, that the ſame in any part of Service, he not ſo abuſed in the Church, that thereby the Common Prayer ſhould be the worſe underſtood of the hearers. That there be a modeſt and diſtinct ſong, ſo uſed in all parts of the Common Praiers in the Church, that the ſame may be as plainly underſtood, as if it were read without ſinging. And although one Hymne of more exquiſite Muſick, in the beginning or end of Common Prayers may be ſung; yet reſpect muſt be had, that the ſentence of the Hymne may be underſtood and perceived.

Notwithſtanding this Injunction, our Durhamers have been ſo eager upon piping and ſinging, that in ſtead of the Morning Prayer at 6. of the clock, which was wont to be read diſtinctly and plainly, for Schollers, and Artificers before they begin their work, they brought in a ſolemne Service, with ſinging and Organs, Sackbuts and Cornets, little whereof could be underſtood of the people, neither would they ſuffer the Sacrament to be adminiſtred without a continuall noiſe of Muſick both inſtrumentall and vocal, to the great diſturbance of thoſe holy actions.

19 They offended in multiplying unlawfull Anthemes, and diſallowing lawfull Pſalms-ſinging by the whole Congregation, before and after Sermons; according to the cuſtome of all Cathedrall and Collegiate Churches, and of Durham it ſelf, before Doctor Coſins and other of Biſhop Neals Chaplains became Cannons of that Church; which unlawfull forbidding of Pſalms to be ſung in a vulgar tune, according to the cuſtome of all other Churches: they have continued to this preſent yeer, 1642.

20 They offended in ſinging the Nicene Creed not after the manner of diſtinct reading, as the aforeſaid Injunction commands, and as that which is called the Apoſtles Creed is ſung, yet forcing the people with brawling in the time of Divine Service, to ſtand up upon their feet, all the time that it is ſung though they underſtand nothing, neither can they perceive, whether it be a prayer or a Creed contrary to p. 10the Rubrick and Injunction, and 18 Cannon which injoyneth the people to ſtand up, when the Apoſtles Creed is ſaid, ſaying with the Miniſter in an audible voice, which none can do when the Nicene Creed is ſung by the whole Quire, with all their muſical inſtruments.

21 They offended in taking pipers and ſingers for aſſiſtants, at the Adminiſtration of the holy Communion: which are diſturbers rather, which is an Innovation in Durham, begun there when Doctor Coſins was made Prebendary of that Church; for both in England, and all other reformed Churches all are commanded to depart which do not communicate.

22. They offended in chanting in the Quire amongſt ſinging men and children; which is a baſe employment, for Maior Cannons, Prebendaries, and Preachers, amongſt whom it is a thing unaccuſtomed, and unlawfull, when they ſit in their Prebendall ſtals diſallowed by Biſhop Howſon their Dioceſan in his Viſitation, and forbidden by Gregory the great, who ſaith, Prohibitum est, ne quis in Eccleſia cantet niſi inferiores ordines ut pote ſubdiaconi; Diaconi vero lectioni & praedicationi incumbant. It is forbidden (ſaith he) that any chant in the Churches but men of meane degree, none above Subdeacons, but Miniſters or Deacons, muſt apply themſelves to reading and preaching, for that makes moſt for the peoples edification, to which all muſt be done.

In old time, Omnes ſimul pſallebant in Eccleſia, all Chriſtians did ſing together in the Church; yet now, Soli Clerici canunt, the Clerks onelyonly ſing, as Bellarmine confeſſeth, li. 2^o. de verbi Dei, cap. 16. & lib. 1. de bonis operibus, cap. 16. Yea though the Papiſts confeſſe, that it was given in commandment by St. Paul (ſaith Bineus) that the faithfull in their Aſſemblies, ſhould praiſe God together with heart and voyce by ſinging Pſalmes, yet they tell us (ſaith Bellarmine) that Eccleſiaſticae inſtitutione optime proviſum eſt, ne praeter certos ad hoc inſcriptos alii in Eccl…ſia canerent. It is excellently well provided for by the Orders of the Church, that none ſhould ſing but a ſet number appointed for that purpoſe, viz. Prieſts, Clerks, Singingmen and Quiriſters.

23 The moſt impudent and moſt unlawfull Innovation that ever was ſeen in any Cathedrall Church of England; was that of taking p. 11away the Morning Prayer at 6. of the clock, which had continued above ſixty yeers; and putting in the place thereof, the ordinary Morning Service appointed to be ſaid at ten of the clock, which continued about two yeers.

Injunctions were given S…ptember 25 1^o. Eli… by William Lord Eures, Doctor Sands, and others, Commiſſioners authoriſed under the great Seal of England, to the Dean and Chapter of Durham, and to all other Miniſters of that Church, to be obſerved by every of them, in their offices and degrees▪ for the advancement of Gods glory.

The 10. Injunction is this, conſiſting of 5 clauſes, the firſt, that you ſhall have your Divine Service at due or convenient houres in your Church.

2 And that you ſhall (beſides your ordinary Morning Prayer and Service) have every working day, at 6. of the clock in the morning, the Common Prayer with the Engliſh Letany, and Suffrages, inſtead, and in place of the morrow Maſſe.

3 To the intent, that the Schollers of the Grammer Schoole, and other well diſpoſed perſons may daily reſort thereto.

4 And that ſome be appointed weekly as it ſhall come to their courſe: either ſuch as were appointed for the morrow Maſſe, or elſe ſome of the petty Cannons.

5 And that to be done in ſome convenient place of the Church.

24 The foreſaid Morning Prayer at ſix of the clock, our Innovators of Durham, might not alter or diſanull.

1 Becauſe it was ordained and eſtabliſhed by lawfull Authority, of the Soveraigne Prince and Parliament, under the great Seal of England; in the generall reformation of the Church, which private men without authoritie, might not take away nor change, without the danger of excommunication and deprivation, for their impudent ſawcineſſe, in rebelliouſly withſtanding the Kings Laws.

2 Becauſe it was contrary to the cuſtome of Durham Cathedrall, which had continued ever ſince the firſt yeer of Queen Eliz. 1559. till the ſecond yeer of our Soveraigne Lord King Charles; to the obſervation of which cuſtome, all Durham Prebends, take expreſly their corporall oath when they are inſtalled.

3 Becauſe it is contrary to all Cathedrall Churches in England, (as Biſhop Howſon ſaid) which Cathedrals ſtill retain their Morning p. 12Prayers, plainly read by one Miniſter, with a Pſalm in the end, in a vulgar tune, which all the Congregation may ſing together.

4 Becauſe theſe Injunctions being made for the advancement of Gods glory, the taking away of this Morning Prayer diſtinctly ſaid, is the hindrance of Gods glory, with the devotion and edification of Scholers; and other people for whom it was ordained: without which edifying knowledge, no ſervice can be acceptable to God, either in Cathedrall or Pariſh Churches.

25 In the foreſaid Injunction for 6 a clock Prayer, 5 clauſes are conteined; againſt every one of which our new fangled Durhamers, have notoriouſly offended, they have overthrown and turned upſide down, the whole frame and form of all forenoon Services, confounding the ordinary Service at 10 a clock with the 6 a clock Prayer, and bringing in a new found ſecond Service to be ſaid alone, without a firſt at the ordinarie accuſtomed houres of the day, by which they have depraved the whole book of Common Prayer, and the Rubricks thereof.

26 Concerning the firſt of which five, in Durham Cathedrall, the Divine Service called in this Injunction the ordinary Morning Praier, hath not been kept at convenient and due houres, the uſuall time whereof was all the time of Queen Eliz. and King James, between the houres of nine and eleven; but our brainſick Innovators of Durham, removed the ordinary Service to 8 a clock, and ſo it continued about a yeer, and all that time, they had 3 forenoon Services, one at 6. another at 8. and a third at 10. of the clock, afterwards upon better advice (becauſe three Services in one forenoon were tedious) they took quite away the plain and beſt Morning Prayer, appointed by this Injunction, and put in place thereof, the ordinary Divine Service, and called the people thereunto, by the ringing of three Bels, to which not 3 perſons uſually reſorted, eſpecially in Winter, time, and dark mornings.

27 The ordinary Morning Prayer (called the Mattens and Divine Service in the foreſaid Injunction) which appoints it to be ſaid at due and convenient houres, that is between the houres of nine and eleven, (according to the cuſtome and practiſe of all Churches) is that which is ordained in the book of Common Prayer, the Rubricks preſcribing the manner of ſaying the ſame, for time, place, order, and faſhion p. 13of rights and Ceremonies without alteration; according to the Cannon of our Church.

Obſervabunt ordines & ritus deſoriptos in libro publicar…m precum, tam in legendis ſacris Scripturis, & precibus dicendis, quam etiam in adminiſtrations Sacramentorum: ut nov… detrahant aliquid, neve addant, neve de materia, neve de forma.

Again, the 14. Cannon ſaith, all Miniſters ſhall obſerve the orders and Ceremonies preſcribed in the book of Common Prayer, without either adding or diminiſhing any thing in matter or form.

Our ſeditious Innovators of Durham have not obſerved the orders and rights, preſcribed in the book of Common Prayer; but they have added, diminiſhed, and altred the whole form of Divine Service, and two yeers together they have had no ordinary Morning Service, according to the Rubricks.

28 For 2 yeers together from 1627. till 1629. our Durham Innovators, M^r. Coſin and his Aſſociates, would not ſuffer any ordinary Morning Prayer to be ſaid at the due and uſuall time, between 9 and 11, in the place where Evening Prayer was duely ſaid; but every day, working dayes, and holy dayes, they went to the Altar (as they termed it) to ſay a ſecond Service, ſo they call the Communion Service, which is no part of the ordinary Morning Prayer; as appeareth by the laſt Rubrick before the Letanie, and before that which they call the ſecond Service, Thus endeth the order of Morning and Evening Prayer throughout the yeer.

Neither is the place where their Altar ſtands, the accuſtomed place, for ſaying any Divine Service, being at the Eaſt end of the Quire or Chancell, ſo farre in ſome Churches from the Congregation, that they can neither ſee the Miniſter, nor hear what he ſaith, nor underſtand ſo well as they do the Evening Prayer, ſaid in the uſuall place among them.

29 The firſt Rubrick, in the book of Common Prayer, is this.

The order where Morning and Evening Prayer ſhall be uſed and ſaid.

The Morning and Evening Prayer ſhall be uſed in the accuſtomed place of the Church, Chappell, or Chancell. And the Chancels ſhall remain as they have done in times paſt.

This Rubrick our Durham Innovators have violated ſundry waies, for here we ſee one place is appointed for Morning and Evening p. 14Prayer; not two places, one for Morning, and another for Evening Prayer.

Evening Prayer hath been uſed in the accuſtomed place, in which it is alwayes ſaid in the midſt of the Quire. This alteration our irregular Durhamers made themſelves, without the determination of the Ordinarie, who by the 14 Cannon is limited, that he may do nothing whereby edification may be hindred, and how can the people be edified, when they cannot hear the Miniſter, as is done in M^r. Burgoyns Church at Warmoth, &c?

Again, whereas the Rubrick ſaith, Chancels ſhall remain as they have done in times paſt; our new fangled Durhamers, and other countrey Prieſts (following their example) have made Cancellos inter Cancellos, Chancels within Chancels, that is, an Incloſure, to divide their Altar Eaſtward from the Quire, as the Sanctum Sanctorum was ſeparated with curtains from the reſt of the Temple; who ever heard of 2 Chancels in one Church, till Durhamers invented it? contrary to this Rubrick and the example of all Churches in England in former times. So that they have a holy Church, a more holy Chancell, and at the Eaſt end thereof a moſt holy incloſure, where the Altar muſt ſtand, unto which no man or woman may have acceſſe but Prieſts onelyonly.

30 Another Rubrick ſaith, Then ſhall follow certain Pſalms in order, as they be appointed in the Table made for that purpoſe.

And another Rubrick ſaith, Then ſhall be read 2 Leſſons diſtinctly, with a loud voice that the people may hear; the firſt of the Old Teſtament, the ſecond of the New, like as they be appointed in the Kalender.

The Miniſter that readeth the Leſſons, ſtanding, and turning him ſo, as he may be beſt heard of all that be preſent.

No Pſalms nor Chapters were read, either of the old or new Teſtament (which is a principall part of Divine Service) by our Durham Innovators for the ſpace of two yeers, and conſequently they had no ordinary Morning Service in their Cathedrall in the uſuall place, time, and form, as is preſcribed in the book of Common Prayer, Cannons, Injunctions, and Act of Parliament for Uniformity, which commands all Churches to be uniform; unto none of which Durham Cathedrall was agreeable in their Morning Services.

31 The Act of Parliament for Uniformity hath theſe words: If any perſon, or Miniſter, in any Cathedrall, or pariſh Church, ſhall by open p. 15fact, or deed, or by threatning, compell any to ſing or ſay, any common or open prayer, otherwiſe or in any other manner, or form, then is mentioned, in the book of Common Prayer, let him be indicted.

Again in the ſame Act, no rite, order, form, or manner, at Mattens, or Even ſong, may be uſed in Cathedrall, or Pariſh Churches, but that which is appointed in the book of Common Prayer.

The form of Morning prayer, was altred in Durham Cathedrall, by dividing it, into 2 parts, to be ſaid at two diſtinct times.

Moſt of the Rubricks with ſundry Cannons, and Injunctions, have been violated, and broken by means of that diviſion.

Many rites, and ceremonies, have been changed, & unlawfully uſed.

Men have been injoyned, at forbidden times, to weare unlawfull veſtments, condemned by our Church; ſome have been compelled with threatning and penalties to obey their unlawfull commands: As was evidently ſeen in the morning Prayer, which by the Injunction, and cuſtome of 60 yeers continuance, was ſaid in a place appointed thereunto, by one petty Cannon alone, plainly, diſtinctly, and briefly to be ended at ſeven a clock.

But new fangled Durhamers would have their new deviſed morning prayer, to be ſaid, and ſung▪ ſolemnly in the Quire, with all the voices of men and children, and muſicall inſtruments, whom they forced; to be preſent, at that unlawfull Service, and there to abide till all was done at 8 a clock, whereby they have deſerved many wayes to be indicted, and for their contumacy deprived of all their livings, according to the Statute. In that being often admoniſhed, they would not amend for the ſpace of two yeers.

32 But the moſt notorious Innovation, and moſt contrary to the foreſaid Act of Uniformitie, was that which M^r. Coſin and his Aſſociates took up at Durham about the yeer 1626. to go in a Cope to the Altar to ſay 2. or 3. prayers after every Sermon, which is a ſtrange ceremony, not mentioned in the book of Common Prayer, or Cannons, and conſequently forbidden.

They would not ſuffer the Preacher to diſmiſſe the Congregation, with the bleſſing of Gods peace; as was wont to be done in Durham, and all other Churches of England.

They alledge for themſelves, the Rubrick after the Nicene Creed.

After the Creed, if there be no Sermon, ſhall follow one of the Homilies, ſet forth by common Authority. And after ſuch Sermon, Homily, or exhortation, p. 16the Curate ſhall declare unto the people, whether there be any holidayes, or faſting dayes in the weeke following.

And earnestly exhort them to remember the poore.

This Rubrick makes nothing for this fond Innovation, for it ſaith, After the Creed, if there be no Sermon, ſhall follow one of the Homilies. And then it ſaith, after ſuch Sermon, Homily, or Exhortation, the Curate ſhall declare whether therebe any holidayes, or faſting dayes.

Here is a contradiction, or rather a nonſence, if the words be no… rightly underſtood.

If there be no Sermon, and then, After ſuch Sermon, Homily, or Exhortation, what meaneth this?

After ſuch Sermon, if there be no Sermon, the meaning of the Rubrick is plain, and the practiſe of all our Churches expound it, when there is no Communion, if there be no Sermon preached in the pulpit, the Curate being no preaching Miniſter, ſhall read an Homily or Exhortation; which Homily is termed a Sermon, not preached in the pulpit on any text of Scripture, but read as the reſt of the Service by the Curate, with no conceived prayer, or Pſalms ſung before or after the Homily: and then the Curate when the Homily is done, muſt proceed as the Rubrick directs him, to declare to the people, whether there be any holidayes the week following: and he muſt exhort them, to remember the poore, ſaying one or more of theſe ſentences.

Now in what Cathedrall Church doth any Curate after Sermon, warne holidayes, or faſting dayes, or read any ſentence to exhort the people to make any collection for the poore?

But every Preacher in a Cathedrall Church goeth up to the pulpit, taketh a text of Scripture, hath a Pſalme ſung, and maketh a prayer, before the Sermon; Which Sermon being done, concludeth with a prayer, he ſitteth down in the pulpit till the Pſalme be ended, and then ſtanding up, he diſmiſſeth the congregation with the bleſſing of Gods peace.

Thus the Reformers of the Church underſtood their own Rubrick, and this hath been the practiſe of all Churches of England; till lately fantaſticall Innovators in Durham, changed and corrupted the whole form, and faſhion of our Church Service: and other Churches ignorantly and ſuperſtitiouſly have lately begun to imitate Durham, in the ſame ridiculous Innovations.

p. 2533 They have offended in preaching and defending them that did preach againſt the religion eſtabliſhed, & impudently traducing vilifying, and diſgracing the grave and learned reformers of our Church, as Doctor Coſin did in his Sermon of the Parable of the Tares, That the Reformers of our Church when they took away the M…ſſe, they marr'd all religion and the ſervice of God, they called it a reformation, but it was indeed a deformation, and Doctor Linſell ſaid that the Reformers of our Church were ignorant Calviniſticall Biſhops, contrary to the advertiſement: no perſon ſhall preach any matter tending to diſſention or to the derogation of the religion, and doctrine received.

34. They offended in altering orders eſtabliſhed, and ceremonies preſcribed, and taking upon them to make new orders for the obſervation of unlawfull ſermons & ceremonies without the Kings authority under the Great Seale of England, for which preſumption they are excommunicated, though they pretend the Biſhops authority to whom they give tranſcendent authority, which is notwithſtanding limited by the locall ſtatutes of Durham Church, and by the Cannons both old and new: his office is aſſigned to preach and to ſee that the Church Service and Sacraments be rightly adminiſtred as is preſcribed in the Common Prayer; he may not hinder preaching by preferring petty ceremonies and ſolemne ſervices with piping and ſinging before Sermons, nor corrupt with unlawfull orders and new rites both Service and Sacraments according to the firſt Latin Canon. 1571.

35 They offended in making Gloria Patri a Creed, and making the people to ſtand when it is ſaid, it being no Creed, but a prayer. At which they are enjoyned to kneele, as likewiſe forcing the people to ſtand, when the Nicene Creed was ſung, and to kneele when ſome prayer is ſung. Though the people could not underſtand whether they were prayers or Creed.

The ſeventh Article of religion D… tribus Symbolis acknowledgeth but three Creeds, to be ſaid in Churches, viz. the Nicene Creed, the Creed of Athanaſius, and the Apoſtles Creed. Innovators in Durham have added a fourth Creed, Glory be to the Father, to the Sonne, &c. and they enjoyned the Ceremonie of ſtanding, as if it were as good a Creed as the Apoſtles Creed, being indeed no Creed, but a prayer: for it is part of the Letany, which is nothing but prayers at which all are enjoyned to p. 26kneele Therefore they are excemmunicated ipſo facto by the 5. Canon, as depravers of the booke of Common prayer and the Articles of religion.

36. They offended in burning of Wax-candels, in exceſſive number, two or three hundred at a time, when and where there was no uſe of lights, as namely on Candlemas day 1627. when the daies were lengthned two houres, and Service might be done an houre before day light was gon…, as it was in Weſtminſter-Abbey this yeere 1641. no Candles being lighted there at Evening prayer.

37. They offended likwiſe in turning their f ces to the Eaſt, and orcing the people ſo to doe. which is a Ceremony not allowed in our Church: in this Doctor Coſins offended, not onelyonly in turning the readers Deske at morning prayer, and the Deanes Pue, that they could not ſit with their backs towards the Eaſt; but alſo when he adminiſt ed the Communion, he ſtood on the Weſt ſide of the Table with his face towards the Eaſt, and backe towards the people; which is a Ceremony the Popes Prieſts are enjoyned to uſe at Maſſe, and the care of the reformers of our Church was, that Miniſters of the Goſpell ſhould not be like Maſſe-prieſts, in ſuperſtitious Ceremonies, or that our holy C… munion ſhould be like their Idolatrous Maſſe. Again the turning of faces alwaies Eaſtward in the Service of God, is a Ceremony not appointed by the Church of England, nor mentioned in the Booke of Common prayer, as Biſhop Harſnet confeſſed openly upon the Bench at Yorke; and conſequently it is forbidden by the Act of uniformity under great penalty.

The Prebendaries of Durham incurred the horrible ſinne of perjury in not conventing me before the Chapter there to be examined and matters debated, if they had any thing to lay to my charge, according to the Statutes in that behalf, and their oath.

The words in the ſecond Chapter are theſe:

38. In exceſſibus corrigendis decani & Canonicorum eaeſt prerogativa qued ratione Prabendarum non convenieutur extra capitulum, quia cauſe huiuſ…di queratione Prabendarum emergunt, in capitulo decani & capituli judicio terminari debent, Such is the prerogative of the Deane and Prebends, that all faults among them muſt be judged by the Deane and Chapter, they muſt not be convented by any out of the Chapter-houſe.

p. 27And againe in the third Chapter:

Si quaevis quaeſtio aut controverſia inter aliques de Capitule …riatur per Decanum & Capitulum debet terminari.

And the concluſion is:

Forenſia enim judicia, fratres ſubire non decet.

All theſe they have violated in caſting me into the whirlepoole of the High Commiſſion Court at Durham, London, and Yorke, and therefore I humbly deſire the Right Honourable Houſe of Peeres to finiſh and conclude my cauſe according to the impechment transferred unto their Lordſhips by the honourable Houſe of Commons, whereby ſatisfaction may be made unto me for the exceſſive wrongs and loſſes which I have ſuſtained. By this it appeareth that all controverſies betweens Prebendaries, muſt be ended in the Chapter houſe unleſſe the crime be ſo great that the Viſitor muſt examine and correct it; by whom and none elſe, t…e delinquent may be deprived, and not by the Biſhop, uuleſſe, Idem Canonicus in offenſa aliqua aut crimine gravi, veluti Haereſi, adulterio, furto, perjurio, atqueid genus aliis culpabilis inventus fuerit. And then ſaith the ſtatute 37. chap. Fiat ſequeſtratio praebendae, interim dum talis accuſatio coram Epiſcopo viſitatore pendeat. Now it is well knowne, that the late Biſhop Howſon in his Viſitation 1631. and at ſundry other times cleered me, not culpable of any fault, which could deſerve ſo great puniſhment, or any at all. But contrarily did ſay, that Doctor Coſin was a factions and ſeditious man, and that he deſerved to be expeld for corrupting the Church Service and Ceremonies. They (Doctor Coſin and others) proceeded againſt me maliciouſly and trecherouſly, by a ſtrange and unheard of ſuſpenſion, from comming to Durham Church, onelyonly at the ſame time that I kept reſidence contrary to the ſtatutes, which bind me to be preſent in the time of Divine Service every day, and this they did in the midſt of my Reſidence; ſo that I could not come to Church ten daies together, being prohibited by the ſentence of ſuſpenſion, naild up upon my ſtall.

They are bound by oath to maintaine and cauſe others to maintaine all rights, priviledges, and cuſtomes of the Church, this Law, right, and cuſtome they perjuriouſly violated.

39. They perfidiouſly and moſt uncharitably conſpired againſt me all of them, not one excepted, not to come to my reſidence continuing one and twenty daies, and though they were oft invited, and p. 28kindly intreated, yet not one of them would once come to my houſe, ſuch a thing was never heard of before. And it is contrary to their Oath, Omnes probatas & Probandas bujus Eccleſiae conſuetudines obſervabo. I take my Oath that I will obſerve all approved cuſtomes of the Church.

40. They made another moſt damnable conſpiracy againſt me in the Chapter-houſe, in ſending letters full of horrible ſlanders and diabolicall calumniations to Doctor Laud then Biſhop of London, and ſoure other Biſhops, which are ſince dead; and this they did many times: one of which Letters I have, full of untruths, making the Biſhops beleeve … I am an enemy to the Church, a man unſufferable, and that I … againſt his Majeſties Chappell. All which are moſt falſe and ſome of them knew they were falſe, and therefore they are perjured, and by the ſtatute to be expeld, Statuimus ut nemo in virtute juramenti Ecc…ſi… praſtiticontra Decanum aut Canonicos, quicquam dicat aut denuntiet, niſi quod verum crediderit, cap. 40. By vertue of their Oath all are injoyned to ſay nothing againſt any Canon, but what they beleeved to be true.

And this ſending of Letters by Meſſengers hyred on purpoſe was oftentimes on the Churches charges, whereof a good part was mine own … and in all other ſuite… againſt my ſelfe, they uſed my owne mony which is theevery, robbing me, and endevouring to kill me with my owne ſword.

41. They made a ſequeſtration of all my living, belonging to my Pre…. All the Prebendaries then in Durham with the Deane, concurring to belie and ſlander me, (viz.) that I preacht contra pios & ſalubr… ritus Edcleſiae in grave p…riculum animae ſuae, &c. That I preacht againſt the godly and wholſome Ceremonies of the Church, whereas there was not a word ſpoken againſt any approved Ceremony of our Church, but onelyonly againſt unlawfull Innovations condemned by our Church. If they can name any truely, I will looſe my life.

42. And although Haec lis nunquam pend…bat coram Epiſcopo viſitatort, for Biſhop Howſon kept no viſitation till my cauſe was tranſmitted to London and York they made that damnable ſequeſtration twice: firſt, before the ſuſpenſion ſealed the 9 of Auguſt 1628. which becauſe they thought to be wrong, they amended that errour with a capitall crime, for ſcraping out the date, an… what they would beſide and writing other words or figures in place thereof, they ſealed that p. 29falſe ſequeſtration ag tine, contrary to their Oath in theſe words. Statuimus eti m ut Sigillum Commune nunquam albae chartae aut Palinxeſto opponatur ſub poena perjurii & perpetuae amotionis ab ha…eceleſiae, illius qui oppoſut, & quiad id faciendum conſenſerit, & ad ſatisfaciend…m pro damnisſint obligati.

The Common ſeale muſt not be put to ſcrape parchment under the paine of perjury, and expulſion out of the Church of Durham, and the muſt be bound to make ſatisfaction, for the wrong done.

Theſe treacherons Durhamers, Doctor Coſin, Mr. J…mes, with their fellowes were not content with their Vill…nous caſting me into the whirlepoole of the high Commiſſion, where I have been coſt from Durham to London, from London to York, from priſon to priſon, more then 13. yeares together, and utterly undone by their barbarous, more then Turkiſh and Paganiſh Practiſes.

They were not content I ſay, to plague me with all manner of puniſhments the mercileſſ: Commiſioners could inflict upon me, in all the foreſ…id places, but in the Chipter houſes they would bite me, and prejudicate my cauſe before it came to tryall, with a malitious ſequeſtration of my living twiſe ſealed in the comp ſſe of one monethmonth, and that perfidiouſly and ſl…nrdrouſly fraughted with diabolicall calumniations.

They perjuriouſly have offended in detaining from me all that I have loſt theſe 14 yeares ſince 1628 with above 1200. pound, which I have ſpent ſiucethis Parliament began in maintaining witneſſes, &c. whileſt they maintaine their witneſſes. as they have done all their ſuits of law againſt me upon the Church coſt, and by the ſtatutes of Durham Church, which they tooke their Corporall Oathes to obey, they are bound to pay to me, as appeares by the 14. and 15 Chapters.

If any Prebendary be abſent from Durham Church, being hindred by any lawfull impediment, and namely by impriſonment, he ſhall enjoy all profits, and commodities ariſing any wayes from his Prebend, as if he had all that time beene preſent.

The words of the ſtatute are theſe. Quod ſi ob aliquod illorum impedimeenterum (viz. profectionem ad Parliamentum & moram ibidem, Incarceratonem non voluntarium &c.) iliquem Canonicorum abeſſe ab eccleſia hac comingerit, in omnibus tamen commodis & emolumintis, ration… corporis p. 30prabenda ſua, & quotidianarum diſtributionum, a dicta eccleſia percipiendis, pro praeſente haberi volumut.

I Peter Smart one of the Prebendaries have beene abſent from the Church of Durham 12. yeares, I have beene all that time Ligiteme impeditus: for I have beene by my falſe brethrens fault and procurement impriſoned, and by wrongfull excommunication, ſuſpenſion, and degradation as is adjudged by the high Court of Parliament, kept from my houſe and Church, and all my meanes, hath beene taken from me, the ſum of all which amounted to above 14000. pound, a great part of which I ſhould have recovered of Doctor Carre and his heires, which becauſe the Deane and Chapter hinder me from obtaining, being mine owne, which hee wrongfully got and poſſeſſed, I am to have it of the Deane and Chapter of Durham, and by their oath they are bound and muſt pay it me, beſides ſatisfaction, they muſt make for other wrongs they have done to me and mine.

They perfidiouſly granted the regiſters office to Thomas Bullock, and Abraham Clarke, there being a Chapter Act for my Sonne William Smart, to ſucceed Mr. Browne according to his petition, granted upon a great Chapter day, themſelves perſwading mee to take him from the univerſitie to put him to the Inns of Court, and to make him a notary publique, which being done, they being offended with mee for withſtanding their Popiſh innovations in the Church, treacherouſly beguiled my ſaid ſonne to his great loſſe and undoing, and they ſuffered Mr. Browne, who enjoyed the ſaid office, to ſell the ſame to the ſaid Bullocke, and Clarke, contrary to a Chapter Act, expreſly forbidding him to ſell it, but to leave it to the Chapters free gift, as he freely received it, they committed a double perjury in this, firſt in making two Regiſters put joyntly in one patent, whereas by ſtatute & cuſtome, there muſt be but one regiſter, and in ſwearing Bullock, and not Clarke; contrary to the expreſſe words of the ſtatute. Omnes prater pueros jurabunt. All members of tge Church except Boies, muſt take their oath.

46 They made a leaſe to Mr. Toby Blaxton, for the uſe of Mr. Coſin of hay ground belonging to mee, which I had enjoyed many yeares, by cuſtome of the Church as ten prebendaries alwayes have done, they made a leaſe (I ſay) of that, which by cuſtome only uſeth to be holden, and not by leaſe, which is manifeſt perjury, of which no preſident can be ſhewed, never any leaſe was heard of before to be made in that kind.

p. 3147 They prejuriouſly offended in making to the ſaid Coſin a leaſe of the Tith Corne of Pittington, allotted to the 4. Prebend, which was mine.

They granted likewiſe to Doctor Carre, a leaſe of my Tyth Corne of Shadforth, belonging to the 4. Prebend.

They perfidiouſly wrought meanes to put me out of my living, and brought in Doctor Carr, who had got in the ſpace of 11. yeares, above 4000. pound out of my livings, which they doe all they can to keepe from me, though the Parliament acquitted me of all cenſures, whereby it is manifeſt, that Doct. Carre was never prebendary of Durham the 4. Prebend, which was mine, being never actually void.

48 The ſtatutes of the Church, viz. Cap. 17. have theſe words. Volumus ut ſingulis Anni terminis ſtipendia omnia tam Decano & Canonicis quam aliis Miniſtris, numrecentur, & ſolvantur, And againe Statuimus & ordinamus; ut Theſaurarius qui pro tempore fuerit ſtipendia omnia prout ſtatutis noſtris aſſignantur tempore ſuo numeret & perſolvat, & illa etiam quae ſub anni exitum pro Communi dividenda ſunt ſolvenda. Stat. cap. 22, De officio Theſaur. Theſe clauſes of the ſtatutes, ſome of the treaſurers have not obſerved, as well in not paying where it was due, as alſo in paying where it was not due, where both the ſtatutes and Cuſtome of the Church forbid them to pay, and as I underſtand, they have made Chapter Acts againſt me, to keepe me and mine from my owne, they conſpired altogether to be perjured, and to divide my moneyes amongſt themſelves.

Doctor Duncon late treaſurer of Durham, refuſeth to pay me the ſtipends belonging to my prebend, which were unpaid to Doctor Carre, amounting to the ſum of about 40. pound, and neither he nor Doctor Nayler now treaſurer, will pay to William Withrington my ſervant the ſtipend due to him, though by their oath they are bound to pay ſtipends Decano & Canonitis & aliis Miniſtris, whereof he is one to the Deane and Cannons and other officers whereof he is one.

49 Yet the moſt prophane Epicuriſme, and Sacralegious implety of the Deane and Prebendaries appeareth in beſtowing of Church livings with charge of ſoules, of which if they be very commodious, they will accept of themſelves, as Doctor Cradock did North Allerton worth 200. pound per annum, having above 600. pound per annum before hee tooke it, not to preach therenor reſide upon it, being Biſhop Neales Chancellor, Prebend of Durham, and Vicar of Gain…ord (for he never preacht there nor miniſtred the Sacraments, nor ſaid ſervice) but to ſell p. 32it, for 500. pound, which the miniſter that bought it, held but two yeares till Cradock dyed, afterward Mr. Blaxton got the ſame North-Allerton having a Prebend of Durham, and parſonage of Sedgefield worth 800. pound per annum at which living he never preacht for 16. yeares nor ſaid ſervice, being luſty and able enough to doe any thing, ſaving the duties of his calling.

This man reſigned and bargained away many livings; Woodhorne, Red Marſhall, his Arch-Deaconry of Yorke to his Sonne in law Doctor Coſin, his Prebend of Yorke, and Vicaridge of Allerton to his Sonne Thomas Blaxton, and laſtly his rich perſonage of Sedgefield and Prebend of Durham to his Sonne Robert Blaxton, both worth 800. pound por annum.

50 Of all other, their execrable impiety, is ſeene in committing the charge of ſoules to them that they know are uncapable, as namely Witton Gilbert, to Joſeph Cradock; the foreſaid Doctor Cradock Sonne, who was not full miniſter, nor yet is, neither did he ever preach, or ſay Service there; not long after, they gave to the ſame Ioſeph Cradock another called Walſend, worth about 60. pound per annum, where likewiſe he never officiated, but preſently he ſold them both, one to Henry Hutton Clerke, and the other to Sir Nicholas Tempeſt for 220. pound, after theſe two he got a third living called Middleton George, where he never did any ſervice nor liveth there, but with the money he got for theſe places, hee bought a Commiſſary ſhip, of Richmond in Yorkeſhire, whereof he hath made extraordinary great profit, whereby divers complaints have beene made againſt him.

Likewiſe they have given to William Smith a Minor Cannon, the Vicaridge Edlingeham, about 40. miles from Durham, contrary to the ſtatute in the 24. Chap. that the benefice muſt not bee above twenty foure miles from Durham, where he ſeldome or never commeth, nor keepeth a ſufficient Curate.

But they refuſe to collate upon one Maſter Carwardine a painfull preacher, the Vicaridge of Aycliffe, which by the order and cuſtome of the Church, I Peter Smarth Senior Reſidentiary, have preſented him unto having right ſo to doe, as was proved this Parliament, by the teſtimony of two witneſſes, and they keepe in a deboyſt and ſcandalous miniſter, one George Leake, as appeares by a petition, at this time preferr'd to the Lords of the Parliament, by the pariſhioners there.