Of the Prelates Intolerable Usurpations, Dedication (3 of 3)

Of the Prelates Intolerable Usurpations · Dedication (3 of 3)

p. 1005. The Statute of 1. Eliz. c. 1. (as also 5. Eliz. c 1. 8. Eliz. c. 1.Against the Bishops and their Officials exercising of Ecclesiasticall Iurisdiction, and keeping Visitations or Consistories in their owne names without speciall Patents and Commissians under the Kings great Seale. 26. H. 8. c. 1. 37. H. 8. c. 17,) enacts, That all Ecclesiasticall and spirituall Jurisdictions, Priviledges, superiorities, and preheminences, which heretofore have beene, or may lawfully be exercised, or used by any spirituall or Ecclesiasticall power, or authority, (therfore all ordinarie as well as extraordinarie Jur sdictiō) for the Visitation of the Ecclesiasticall state & persons, & for reformation, order & correction of the same, & of all maner of Errors, Heresies, schismes, abuses, offenses, contempts and enormities whatsoever, shall for ever be united and annexed to the Imperiall Crowne of this Realme; and that the Queen her Heires and Successors, shall have full power and authority by vertue of that Act, by Letters Patents under the great Seale of England, to assigne, name, and authorize when, and as of…en as they shall thinke meet and convenient, and for such and so long time as shall please them, (not Archbishops or Bishops who now would monopolize all Ecclesiasticall Iurisdiction to themselves,**Let the Archbishop who contests with his Soveraigne for this power, marke this clause well.) but such person and persons, being naturall borne subjects, as they shall thinke meet, to exercise, use, occupie, and execute under them, all maner of Jurisdictions, priviledges, and preheminences (therefore all ordinary as well as extraordinary) in any way touching or concerning Ecclesiasticall Jurisdiction, within the Realmes of England, and Ireland, or any other the Kings Dominions, and to visite, reforme, redresse, order, correct and amend all Errors, Heresies, Schismes, Abuses, offences, contempts and enormities whatsoever, punishable by any Ecclesiasticall power, authority, or Jurisdiction; and that p. 101such person or persons so named, authorized and appointed by them, **Therefore not before or without such Letters Patents.AFTER THE SAYD LETTERS PATENTS TO THEM MADE AND DELIVERED as is afore sayd, shall have full power and authority by vertue of this Act, and of the SAYD LETTERS PATENTS, under your Highnes, your Heires and Successors, to exercise, use and execute all the premises; ACCORDING TO THE TENOR AND EFFECT OF THE SAYD LETTERS PATENTS, any matter or cause to the contrary notwithstanding: And for the better observation and maintenance of this Act; it further enacts; That every Archbishop (who in the first men ordered by this Act, and their owne first Canons, An. 1603. to maintaine the Kings Prerogative in all the forenamed particulars, and yet now the men that first dare question and contest against it with his Majesty even before his Royall presence, as appeares by the late case concerning the Visitation of Cambridge:) Bishops and all and every other Ecclesiasticall person, and other Ecclesiasticall Officer and M…nister of what estate, dignity, preheminence, or degree soever hee or they be or shall be, and all and every temporall Judge, Major and other Lay or temporall Officer or Minister, and every other person having the Kings Highnes fee or wages within this Realme, and every the Kings Dominions, shall make, take, and rece…ve this corporall Oath upon the Euangelist. ††See 28. H. 8. c. 10.I A. B. doe utterly testify and declare in my conscience, that the Kings Highnes is the onelyonly supreme Governour in this Realme, and all other his Highnes Dominions and Countries as well in all spirituall or Ecclesiasticall things, or causes, as temporall; and that no forreigne Prince, person, Prelate, state, or Potentate, hath, or ought to have any Jurisdiction, power, superiority, preheminence or authority Ecclesiasticall or spirituall within this Realme; and therefore I doe utterly renounce and forsake all forraigne Jurisdictions, powers, super…orities, and authorities; and doe promise, that henceforth I shall beare faith and true allegiance to the Kings Highnes, his Heires and lawfull successors, AND TO p. 102MY POWER SHALL ASSIST AND DEFEND all Jurisdictions, priviledges, preheminence…, and authorities granted or belonging to the Kings Highnes, his Heires and Successors, or united, and annexed to the Imperiall Crowne of this Realme. So helpe me God, and by the contents of this Booke. Which Oath every Officer and Min…ster is now to take, by the Statute of 5. Eliz. c. 1.

These Statutes, unite all maner of Ecclesiasticall Jurisdiction whatsoever (therefore as well**Ordinarius dicitur quia habet ordinariam Iurisdictionem in jure proprio, non per deputationē: Cookes Institutes f. 96. a. If then the Iudges allow Bishops or Bishops usurpe to themselves, Ordinary Iurisdiction without any Patent from the King in their owne immediate right, this is to allow an Ecclesiasticall Iurisdiction in the Realme, not united to or d…rived from the Crowne, and to deny the Kings supremacy in ordinary Ecclesiasticall causes, contrary to this and the forecited Acts. ordinary as extraordinary else the King should be supreame Governour onelyonly in extraordinary Ecclesiasticall causes) to the Crowne, together with … Prerogatives, priviledges, and preheminences whatsoever thereunto belonging; whereof this is ssSee 1. E. 6. c 2. 5. E. 6. pars. 1. in the R… Goverdales and Scoryes Patents. Sir Iohn Davis Report f. 98. Matth. 22.19.20.21.Matt 22:19Matt 22:20Matt 22:21the cheife, that all Ecclesiastica… Courts, processe and proceedings should be kept and made, onelyonly i… his Majesties name, and by his Royall authority, that so they might be knowne to be his Courts and Processe: as his coyne and … ther Courts are by this meanes knowne to be his. And further, they provide expresly, that none shall exercise any maner of Ecclesiasticall Jurisdiction (be it ordinary or extraordinary) with … any the Kings Dominions, but by vertue of his Majesties spec…a… Letters Patents; and that none shall visite, or correct any pers… for any Ecclesiasticall offences, contempts, Errors, &c. but by hi… Majesties speciall Letters Patents under his great Seale authorizing him. And for the better observation and maintenance of this very thing, they prescribe this Oath of Supremacy and Allegiance, to the Archbishops, Bishops, and all Ecclesiasticall persons, an… Officers whatsoever, to this very end, that they should not dare to exercise any Ecclesiasticall Iurisdiction, or keep any Consistory, or visitation Courts, without his Majesties speciall Letters Patents under his broad Seale authorizing them so to doe; under peine of direct willfull perjury and disloyalty.

p. 103And on the other side, that all temporall ‡‡Who take a more punctuall Oath to this purpose, prescribed by the Statute of 18. Ed. 3. Statute 3. which I wish they would seriously consider.Judges, Justices, Majors, Officers and those who receive any fees or wages from the King, and all Barresters, Serjeants at Law and Graduates in either Ʋniversity, should likewise take this Oath, to the entent they should not suffer any Archbishop, Bishop, or Ecclesiasticall person, Officer or Minister, to exercise any Ecclesiasticall Iurisdiction, or keepe any Consistories, Courts, or Visitations, but by his Majesties speciall Letters Patents, and in his Majesties name and right, (as they ought to doe by the very Common tt31. H. 8. c. 9. 1. E. 6. c. 2. Eadmerus hist. Novor. lib. 4. p. 95. 96. & Seld. Spicil. ibid. p. 209. to 213. 17 E. 3 40, a. and Godw. Cata. of Bps. Register ps. 2. f. 67. b. 68. a Cookes Instit. f. 94. a.Law, their Bishoprickes themselves, and all their Episcopall power and Jurisdiction being meerely derived from his Majesty by Letters Patents, and to be exercised onelyonly in his steed and right alone, by a derivative power from, by and under him, as the Statutes of 37. H. 8. c. 17. & 1. E. 6. c. 2. resolve) and as they constantly did in King Edward the 6. and King Henry the eight dayes (the Queen then, and her Successors since having as **1. Eliz c. 8 5. Eliz c. 1. 8. …liz. c. 1.full and ample Ecclesiasticall Jurisdiction, as those two Princes had before; and the Prelates no more Divine right thereunto now, then in King Edwars dayes, which they dare not once deny: and that they should resist & withstand them to uttermost of their power, under peine of perjury and disloyalty to his Majesty, his Crowne and dignity, in case any of them should attempt the contrary. Our Archbishops, Bi…hops, and Ecclesiasticall persons with their Iudges, Officers, and Ministers therefore, not onelyonly renuing and bringing in the Canon and Civill Law of Popes, of forraigne Princes, and Councels, to rule and judge his Majesties Subjects by without any Act of Parliament, (which is a ‡‡Bp Latim. Sermon. of the Plough.cleare bringing in and setting up of a forraigne power & Jurisdiction within this Realme, contrary to the very words of the Oath of Supremacy and allegiance, and the Statutes of 25. H. 8. c. 19. 1. Eliz. c. 1. 5. Eliz. c. 1. & 3. Jac. c. 4. as the Bookes called Miles & Clericus: and William Wraughton in the hunting of the Romish Fox, with… th…s have long since notably prooved; For which they are all in a uu25. H. 8. c. 13. 20. 28. H. 8. c. 10 16. 3 & 4 Ed 6. c. 11. 22. H. 8. c. 15.Praemunire by the resolution of these and other Statutes:)

p. 104But likewise keeping Consistory Courts, Visitations, and exercising all maner, Ecclesiasticall Iurisdiction, both in their owne names, and without any such speciall Patents under the broad Seale of England enabling them, (though they condemne themselves by doing quite otherwise in the High Commission,) must needs be guilty of Perjury, Disloyalty, and High Contempt to his Majesty, his Royall Crowne and dignity; and so are all such temporall Iudges, Iustices, Officers, Lawyers, Schollers and other persons, who have taken this Oath, if they withstand not this notorious usurpation, upon his Majesties Prerogative in cases Ecclesiasticall, to the utmost of their power, as this Oath obligeth them, both in point of Conscience and Loyalty to doe.

The Officers in most of his Majesties temporall Courts established by Law, have beene lately questioned for such extorted fees, which no Patent or Statute authorized them to take; and have compounded with his Ma…esty for the same.

Whether the**A good and just Project, to raise mony for his Ma…esties supply. Bishops, and their Officers (who both encroch and exact many new and greater fees for the probate of wills and granting of administrations, then the Statute it selfe allowes them to receive; grant Licenses to marry without any Banes, first asked, (contrary to the forecited Statutes and the Booke of Common Prayer,††Brooke Praemunire, 21. 22. H. 8. c. 15. 3. & 4. E. 6. c. 11. as if they were absolute Kings, to dispense with Lawes) keepe Courts and Visitations (wherein they use many extortions and oppressions) without any Lawfull authority or Letters Patents from his Majesty in their owne Names and rights alone (incurring thereby a * Praemunire) ought not much more to be deeply fined to his Majesty for these usurpations, presumptions, extortions, disloyalties, I referre to the wisdome and Iudgement of those, who are best able to determine, and cause it to be put in execution too, if necessity so require, for his Majesties best advantage, who mayxxReg. ps. 2. f. 125. 126 See Ash. Extortion, 11. 12. & Inditement 10. justly squeise these Spunges, for their unjust exactions and extortions on his subjects, without Law or Patent, and seise all p. 105their temporalities and offices as Forfited, into his Royall hands.

If any Lay man or Prelate, though never so great, claime or exercise any temporall or Civill Iurisdiction, fraunchise, Royalty or Priviledge without a Charter from the King or his progenitors, a Quo warranto lieth against him, and if hee can produce no such Charter, nor any allowance in ancient Eyres to intitle himselfe thereto, but onelyonly a bare prescription and usage (though time out of mind) the King shall have judgement against him, and his said Jurisdiction, Fraunchises, Royalties, and Priviledges, shall be seised into the Kings hands forthwith: prescription being no title at all against the King in such matters of Jurisdiction and Prerogative, Quia nullum tempus occurrit Regi; as hath beeneyy1. H. 7. 23 2. E. 4. 18. Brooke Prescription, 18 56. 64. 65. Fitzherbert Prescription 7. 13. 14. 24. 40. 44. 45. Conusans. 5. 6. 16. 30. 57. Cooke 9 Report. 23. 35. H. 6. 25. 37. H. 6. 27. Br. Custome 5. 34. H. 6. 27. a. 14. H. 7. 22. b. 21. E. 3. 4. 9. H. 6. 21. a. 12. H. 7. 20. b. 14. H. 7. 22. b. 35. E. 3. Villenage. 22. Littleton Sect. 178. Plowden. f. 321. 322. 234. 243. 247. L. quinto E. 4. fol. 111. Stamford Praerog. f. 32. Cookes Institutes, Sect. 178. oft adjudged. So if a man for many descents together enjoyeth lands, anciently of right belonging to the Crowne, if hee can shew no Royall Charter intiteling him thereto, hee may be forthwith lawfully dissposessed of it; his bare possession, though ancient, being no lawfull title to barre the King. Sure I am, that all the Archbishops, Bishops, Archdeacons, Deanes, and their Officials can produce no ancient Patents, nor allowances in Eyre, authorizing them to keepe Consistories, Courts, Visitations, Synods, or to send out processe, Summons, Citations, Suspensions, Sequestrations, Excommunications; or to grant Letters of Administration, Probates of Wills, or Licenses to marry without asking Banes, in their owne names, or under their owne Seales; much lesse, to make, print, promulge, prescribe and impose new formes of Oathes, Ceremonies, Articles, Injunctions, Canons, Orders, Ecclesiasticall Constitutions in their Visitations, Courts, or Synods, in their owne p. 106names, and that by their owne inherent power; or to excommunicate, silence, suspend, deprive, degrade, imprison, fine, confine, or banish any of his Majesties Loyall Subjects for infringing, or not submitting themselves to these their audacious proceedings and dangerous disloyall innovations, as now they dayly doe. Neither can they plead prescription, or long usage to justifie them in these, or any of these particulars, against the forecited Statutes still in force, interrupting, abolishing this their prescription; the rather, because all their Predecessors in ††See 26. 27 30. 32. 36. & 37. H. 8. & 2. 3. 4. & 5 Ed. 6. pars. 1. in the Patent Rolls.King Henry the 8. and Edward the 6. several Raignes, tooke speciall Licenses, Patents and Commissions from the Crowne (for themselves alone, not their Successors) to use, and exercise all & every particular part of Ecclesiasticall Jurisdiction, & to keep their Consistories, visitations, Synods, & make out all their processe, Censures, Acts, Licenses in the Kings steed, name, and authority alone, not their owne, according to the Statutes of 26. H. 8. c. 1. 25. H. 8. c. 19. 37. H. 8. c. 17. 1. Edw. 6. c. 2. Which Statutes (as themselves, with the whole Convocation and Parliament in 1. & 2. of Phil. and Mary c. 8. confesse, in then Supplication registred in that Act) did utterly take away and abolish all their Episcopall Rights and Iurisdictions, and wholly vest them in the Crowne; whence they thus Petition the King and Queen.**1. & 2. Phil. & M… ry c. 8. Insuper Majestatibus vestris supplicamus, ut pro sua pietate efficere dignentur, ut ea quae ad Iurisdictionem nostram & libertatem Ecclesiasticam, pertinent sine quibus debitum nostri pastoralis officij & curae animarum nobis commissae exercere non possumus, nobis superiorum temporum injuria ablata restituantur, & ea nobis, & Ecclesiis perpetuò illaesa & salva permaneant, & ut omnes Leges, quae hanc Nostram Iurisdictionem, & Libertatem Ecclesiasticam **Nota.tollunt, seu quovis modo impediunt Abrogaentur, ad honorem Dei & p. 107Majestatum vestrarum, &c. And hereupon it was then and there enacted that the Ecclesiasticall Jurisdiction of the Archbishops, Bishops, Ordinaries (and of the **The Popes and Prelates Ecclesiasticall Iurisdiction abolished and revived together. Therefore of the same nature, and quality.Popes Holines and Sea Apostolike too, from which all their inherent usurped Episcopall Jurisdiction was derived) should be in the some state, for processe of suites; punishment of crimes, and execution of Censures of the Church, with knowledge of causes belonging to the same, and as large in these points, as their Jurisdiction was in the 20. yeare of King Henry the 8. By which it is most apparant that the Bishops and whole Convocation in Queene Maryes and King Philips dayes, did not claime their Episcopall and Ecclesiasticall Iurisdiction Jure Divino, as our Prelates doe now, for of this they speake not one word in their Petition, but onelyonly from the Crowne, whence they thus Petition the King and Queene to restore it to them by Parliament; that from the 25. of Henry the 8. till 2. of Phil. and Mary, the Bishops inherent power and Iurisdiction was as clearly abolished, as the Popes, (from whence it was derived) by the forecited Statutes, and that they could make no processe, keep no Courts, inflict no Censures, hold plea of no Ecclesiasticall causes, keep no Visitations, nor exercise any Ecclesiasticall Iurisdiction in their owne names or Rights, but onelyonly in the Kings. Which Statutes being all revived, and the Kings Ecclesiasticall Iurisdiction fully restored in as large, (if not more ample) maner as ever Henry the 8. or King Edward the 6. injoyed it, by the Statutes of 1. Eliz. c. 1. 5. Eliz. c. 1. 8. Eliz. c. 1. and other Statutes since. Our Prelates and their Officialls now, can no more keep Courts, Visitations, make processe, hold plea of any Ecclesiasticall causes, or any such Iurisdictions, in their owne right or names without speciall Patent or Commission from the King, or under their owne Seales, then their Predecessors could in these Kings Raignes. Seing therefore our Prelates and their Commissaries can plead no prescription, nor shew any Charter or Commission since these Statutes, enabling them to exercise all or any of the premises in their owne names or rights, and under p. 108their owne Seales, good reason is there that his Majesty by a Quo Warranto and Praemunire should now repossesse himselfe and dispossesse all them of this their usurped authority which they have too long exercised without any shadow of Law or right, to the great prejudice of his Ecclesiasticall Prerogative, and greater violation of his poore oppressed Subjects Liberties, they having now nothing left to plead against it.

From all the Statutes and Premises it is appaparant.

First, That Archbishops, Bishops, Arch-Deacons, Officials and Commissaries have no power or Iurisdiction at all, toaa…. H. 6. c. 1 25. H. 8. c. 19. 27. H. 8 c. 15. 3… H. 8 c. 17. 27. Eli. c. 28. 29. Eliz the Act of one Subsedy granted by the Clergy 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3 Ia. c. 25. 7. Ia. c 22. 21. Ia. c. 32. 1. Car. c. 1. 3. Car. c. 6. call or Summon any Convocation Synod or Visitation, but the Kings Majesty onelyonly by his Writ; nor yet to bb4. Ed. 1. c. 5. 2. H. 4. c. 15. 2 H. 5. c. 7. 25. H. 8. c. 19. 14. 27. H. 8 c. 15. 37 H. 8. c. 17. 31. H. 8. c. 14. 26. 32. H. 8. c. 5. 38. 1. Ed 6. c. 1. 3. & 4. Ed. 6 c. 11. 5. & 6. Ed. 6 c. 1. 3 4. 1. Eliz c 1. 2. 13. Eli. c. 12. Eadm. Hist …onorum. l. 1. p. 6. l. 3. p. 67. l. 4 p. 94. 95. & Speldeni Spicilegium, Ibid. p. 167. 168. Continuatio ad Florent. Wigoriensem, p. 504. 505. Fox Acts & vlonuments fol. 96. Elutherius his Epistle to King Lucius, Marsilius Patavinus Defensoris Pac…, ps. 1. c. 12. 13. pars. 2. c. 23. 24.make, promulge, publish, or execute, any Ecclesiasticall Constitutions, Canons, Ceremonies, Ordinances, Articles, or Decrees; but such as are and shall be first ratified and approoved by the King and Parliament; and that all their Visitation Articles which they print, publish, and give in charge to Churchwardens, and Sidemen to present upon, are utterly unlawfull, and not to be admitted, received, submitted to or presented on, by any Loyall Subject, but refused and withstood under peine of perjury: But especially their late, strange innovating disorderly Orders and injunctions, (contrary to all Law and Canon) for turning Communion Tables into Altars; railing them close prisoners Altarwise against the East Wall of the Church, (that no a Habeas Corpus p. 109may thence remoove them into the body of the Church or Chaunsell, when the Sacrament is administred, as the ccSee th… Rubrick be…ore the Communion.Booke of Common-Prayer, ddNeere the endQueen Elizabeths Injunctions and the Bishops owne eeCanon 82. Bp. Iewels answer to Hardings Preface Reply t Harding, Divis. 16 Artic. 3. p 145. 146Canons enjoyne;) enforcing the people to march up to the Altar and rayled Table by severall rankes and files, thereto receive the Sacrament kneeling at the rayle, to the great disturbance of the Communicants, contrary to the usedge ever since reformation first brought in, standing up and quatting downe againe at every Gloria Patri; bowing, caping, and scraping at every naming of Iesus in time of Divine Service and Sermons;**The Common Prayer Booke, prescribes men to stand up …nly at the Apostles Creed. standing up at Athanasius and the other later Nicene Creed, and whilest the Gospell is reading, refusing to Church woemen, unlesse they come with vayles, which they doe then prescribe them: all which are directly contrary to the Booke of Common-Prayer, and other Rites and Ceremonies of the Church of England, in which they are not so much as intimated (much lesse commaunded) and to the Statute of 1. Eliz. c. 2. for the uniformity of Common Prayer; which enacts; that all Persons, Vicars, and other Ministers whatsoever shall use the said Common Prayers and Minister the Sacraments in all Cathedrall and Parish Churches, in such order and forme as they be mentioned and set forth in the said Booke: and if they shall willfully or obstinately standing in the same use ANY OTHER RITES, CEREMONY ORDER, FORME OR MANER of celebrating the Lords-Supper openly or privily, or Muttens, Evensong, administration of the Sacraments, or other open prayers THEN, IS MENTIONED AND SET FORTH IN THE SAYD BOOKE; (as all those doe who use the forementioned Novell Rites, Ceremonies, Orders, new forme andggThe Rubrick before the Communion presc…ibes, that the Table when the Sacrament is administred shall stand in the body of the Church or Chauncell; and that the Minister, when hee consecrates the Sacrament, shall stand at the Northside of it, not at th… North end. Hee therefore that consecrates and administers the Sacrament at the upper and of the Church or Chauncell at the North end of the Table turned Altar-wise, consecrates and celebrates the Sacrament in another forme and maner, and with other rites & Ceremonies then the Booke of Common Prayer and the Statute prescribe, and so is liable to the Punishments therof, & so are all those Bps & their Officers who vrage them so to doe. maner of celebrating the Lords-supper, p. 110Divine Service, Churching of Woemen; and those who many without Banes thrice publikely asked in the Church, contrary to the Rubrick before the forme of Mariage; none of these Ceremonies, Rites and Orders, being either mentioned or set forth in the said Booke:) Or shall preach, declare, or speake any th…ng in the Derogation or Depraving of the said Booke, or any thing therein conteined; or any part thereof; (as those doe, who preach for Altars, Rayling in and turning of Communion-Tables Altar-wise, bowing and chringing to Communion Tables, Altars, and the name of Iesus; Churching vayels, standing up at Gloria Patri, the Gospell, and forenamed Creeds; comming up to the rayle to receive the Sacrament, the lawfulnes of Bishops Licenses to marry without Banes asked, Mercy-seats, Crucifixes, Tapers Sanctum sanctorums, Christs corporall presence in the Sacrament, Masse, and other Popish trumpery and Ceremonies;) and shall be thereof lawfully convicted, shall forfeit for his first offence the profit of all his spirituall benefices or promotions during one whole yeare next after his conviction, and shall suffer imprisonment for the space of 6. monthes without bayle or mainprise; and for his second offence shall be Ipso facto deprived of all his spirituall promotions; And if any person or persons whatsoever shall by open fact, deed, or threatings, compell, cause, procure, or maintaine any person, Vicar, or Minister to use any other maner, Forme, Rite or Ceremony then is aforesaid, hee shall for the first offence forfeit one hundred markes; for the second 400. Markes; for the third, all his goods and Cattels, and shall suffer imprisonment during his life. Which severall penalties and forefaitures all those Superstitious Ministers and Curates, who use, and preach for, and all those Prelates, Arch-Deacons, Commissaries, Officials, and Churchwardens, who by their threats, excommunications, Sequestrations, presentments, and Censures, enforce the use and practise of the forenamed Ceremonies and innovations, have without all question incurred, and ought to be indicted, imprisoned and fined for the same.

p. 111Secondly, That no Archbishop, Bishop, Arch-Deacon, or other Ecclesiasticall person, hath any authority or power to keepe any Ecclesiasticall Court, or execute any Ecclesiasticall Iurisdiction whatsoever within the Realme, but by, from and under his Majesty: and that by vertue of speciall Letters Patents, or hh31. H. 8. c. 14. 32. H. 8. c. 15. 1. Ed. 6. c. 2 1. Eliz c. 1. 8. Eliz. c. 1. 2. H. 5. c. 2. 14. Eli. c. 5. 5. Ed. 6. pars 1. the Patents of Ponet, Scory, and Coverdale.Commissions under the broad Seale of England authorizing them so to doe; which not one of them now hath or can produce. Which because it seemes a paradoxe to our Prelates and their Favorers, I shall make good by these 4. Reasons.

1. The Kings Ecclesiasticall Jurisdiction and Prerogative is as firmely, absolutely, intirely, and in the selfesame maner and degree, united to his Imperiall Crowne, as is his temporall, and to be derived from him to his Ecclesiasticall Judges and Officers in the selfesame way and maner, as his Civill Jurisdiction is to his temporall Judges and Magistrates; as is resolved by the severall Statutes of 2. H. 5. c. 2. 25. H. 8 c. 14. 19. 20. 21. 26. H. 8. c. 1. 27. H. 8. c. 15. 31. H. 8. c. 10. 14. 32. H. 8. c. 15. 37. H. 8. c. 17. 1. E. 6. c. 2. 1. Eliz. c. 1. 2. 5. Eliz. c. 1. 8. Eliz. c. 1. 3. Jac. c. 4. 7. Jac. c. 2. 6. & Cooke 5. Report. Candries case: But the Kings temporall Prerogative and Iurisdiction cannot be transferred to any temporall Judges, Magistrates or Officers, but iiBrooke Patents, 32. 39. & Commission throughout. 20. E. 3 c. 3 18 E. 3. c. 2 Stat 2. 36. E. 3. c. 12. 34. E. 3. c. 1 11. H. 4. c 3 27 H 8. c. 2 12. R. 2. c. 10. Rastall Iustice in Eyre. c. 3. & Iustice of Assise. 2. 7. Register of W…ites p. 1 f. 197. to 203. Fitz. Natura Brevium. f. 177. 171. 180. 186. 187. 133. 134.by speciall Letters Patents, and Commissions under the great Seale; neither can his temporall Judges or Justices ride Circuites, keepe Assises, Eyres, gene…all Sessions of Oyer and Terminer, or assemble the people before them upon such occasions, without speciall Patents and Commissions, which at every Assises, grand Sessions, and Justice Seat, they both shew and publikely read before all the people. Therefore his Ecclesiasticall Iurisdiction and Prerogative of keeping Consistories and Visitations, and exercising of any other part of Ecclesiasticall Iurisdiction, by the selfesame reason, cannot be delegated to any Ecclesiasticall Iudges or Officers, though Archbishops, Bishops and other Prelates, but by speciall Letters Patents and Commission… under the great Seale of England, and by expresse particular words and clauses.

p. 1122. The Kings Ordinary and extraordinary Iurisdiction in causes Ecclesiasticall, is, and ought be derived from the Crowne, to Archbishops, Bishops, Archdeacons and their Officials, in the selfesame maner as it is to the High-Commissioners, and other of his Majesties naturall borne Subjects, whom hee shall appoint to be either his Visitors, Iudges, Vicegerents or Commissioners in causes Ecclesiasticall; as is evident by the Statutes of 26. H. 8. c. 1. 2… H. 8. c. 26 31. H. 8. c. 14. 10. 32. H. 8. c. 15. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 2. But his ordinary and extraordinary Iurisdiction in causes Ecclesiasticall alwayes hath beene, is and ought to be derived to the High-Commissioners and other his Majesties naturall borne Subjects, whom hee appointes to be his Visitors, Iudges, Vice-gerents or Commissioners in such causes onelyonly by speciall Letters Patents, under the great Seale, as is evident by the forecited Statutes, 25. H. 8. c. 21. 14. Eliz. c. 5. 5. Eliz. c. 1. Cooke 5. Report. Candries case. f. 8. Antiquitates Ecclesiae Brit. p. 386. 389. 398. 399. Fox Acts and Monuments. p. 999. 1000. 1001. 1181. 1182 1249. 1257. and Bishop Iewels life Sect. 25. Therefore it ought to be derived to Archbishops, Bishops, Archdeacons, and their Officials in the selfe-same maner.

3. Episcopall Iurisdiction ought to be granted and continued in the selfe-same maner, as it, and Bishoprickes were at first created. But Episcopall Iurisdiction and Bishoprickes were a… first created by speciall Letters, Patents and Charters under the Kings broad Seale; as is evident by Eadmerus Hist. …onorum l. 4. p. 95. 96. and Ioannis Seldeni Spicilegium ‡‡See pag. 165. 166. 167. 168. Ibid. and Francis Mason of the Consecration …f Bishops. l. 4. c. 12.Ibid. p. 209. to 213. Concil. Chalcedonense, Actio 13. p. 187. 188. 17. E. 3. 40. 6. E. 6. 10. 25. E. 3. The Statute of Provisors, 25. Assises. 8. 31. H. 8. c. 9. 33. H. 8. pars. 3. in the Rolles, Godwines Catalogue of the Bishops of England, p. 492. 495. 499. 501. 684. 685. 1. E. 6. c. 2. and Cookes Institutes f. 97. a. 344. a. Therefore Episcopall Iurisdiction ought now to be granted and continued by Letters Patents under the great Seale of England.

p. 1134. All Episcopall and Ecclesiasticall Iurisdiction ought now to be derived to our Prelates from King Charles, in such manner and forme as they were derived heretofore from King Henry the eight and King Edward the 6. by their Predecessours; King **1. Eliz. c. 1 5. Eliz. c. 1. 8 Eliz. c. 1.Charles having now as absolute and compleat Jurisdiction in all Ecclesiasticall causes as they had then. But the Prelates in King Henry the eight and Edward the 6. Raignes, derived all their Ecclesiasticall and Episcopall Iurisdiction, to keepe Consistories, Visitations, Synods, Chapters, consecrate Churches; Institute, Induct, suspend or deprive Ministers; punish and correct Ecclesiasticall crimes, errours, heresies, offenses; proove wills, grant Letters of administration, and the like, onelyonly by speciall Letters Patents and Commissions under the great Seale; doing all in the Kings name, right and authority, not their owne; as is evident, both by the Statutes of 31. H. 8. c. 9. 14. 32. H. 8. c. 15. 37. H. 8. c. 17. 1. Ed. 6. c. 2. and by the Licenses and Patents made to the Archbishops of Canterbury and Yorke, the Bishops of London, Lincolne, Winchester, Duresme; the Deane and Chapter of Paules, the Archdeacons of London, Middlessex, Canterbury and others, in the monthes of October and November An. 1535. (entred in their owne Registers and in the Rolles:) Authorizing them to keepe Consistories during their owne times onelyonly, not their Successours; the Patent of 31. H. 8. in the Rolles, licensing, Bishops to consecrate Churches and Churchyards from time to time, not by their owne inherent authority, or when they please themselves as now they doe, but after speciall Patents and Commissions with sufficient words and clauses to them, first made by the Lord Chaunsellour, in due forme of Law, under the great Seale, the Patens of 33. H. 8. pars 3. in the Rolls, for Erecting the Bishoprickes of Peterbough, Gloster, Bristoll, Oxford and Chester: the Patent of 36. H. 8. pars 13. in the Rolles, to Robert Holgate Archbishop of Yorke, licensing and authorizing him, to keepe a Metropoliticall Visitation both of the Clergy and Laity: and to celebrate and ordaine Synods, Generall Chapters, Visitations and other Congregations of p. 114the Clergy and people, and to receive all due procurations and pensions for the same; (A cleare evidence, that an Archbishop cannot visit his Province or Diocesse, much lesse then, a University, or any Colledges of the Kings, or other mens foundations in the University, w…ich have their speciall Visitors appointed them by the founders, by the Kings owne grant and license, which out a speciall Patent and Commission from his Majesty, and in his Name and right, as is cleare, by the Statutes of 2. H. 5 c. 1. 25. H. 8. c. 21. 31. H. 8. c. 10. 37. H. 8. c. 17. 26. H. 8. c. 1. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. Register pars 2. f. 40. N. Nat. Brit. f. 35. E. 42. A. 21. E. 3. 60 27. E. 3. 84. 85. Fitz. Breife. 660. Cookes Institutes fol. 344. a. and other Lawbookes the power of visiting the Ecclesiasticall state-persons, and all other Subjects within his Majesties Dominions, being expresly united to the Crowne by the statutes of 26. H. 8. c. 1. 1. Eliz. c. 1. 37. H. 8. c. 17. and 8. Eliz. c. 1. and to be deputed unto others onelyonly by Letters Patents under the Kings broad Seale, by the expresse determination of those Acts, who are and ought to visit onelyonly in his Majesties name and right alone, and by his Authority, as the B…shops did their severall Dioces, by speciall Patents in King Edwards dayes: though the Archbishop now would visit onelyonly in his owne name and right alone, for which hee incurs a Premunire) the Patents of 37. H. 8. pars 2. in the Rolls, to Robert Bishop of …ford, granting him full power and authority to practise, euercise and execute, either by himselfi or other his Officers, all and all maner of Jurisdiction, power and authority Ecclesiasticall within the Dioces of Oxford, and to consecrate Churches and Churchwardens; and the severall Patents to Miles Coverdale, Bishop of Exeter, John Ponet B…shop of Winchester, and John Scory, Bishop of Rochester, 5. Ed. 6. pars 1. in the Rolles, and to all other Bi…hops made in this Kings Raigne; which Patents both created them Bishops, without a Conge-Deslier; and likewise granted them in precise termes, authority to visit their Cathedrals and Dioces, both in the head and members, to ordaine, admit, institute, inducte Ministers to Ecclesiasticall livings, and to p. 115suspend and deprive them upon just occasion; to proove Willes, grant Letters of Administration, Receive Accompts of Executors and Administrators; to punish and correct Ecclesiasticall offences, and to exercise all other parts of Ecclesiasticall Jurisdiction, Nomine, vice & authoritate nostris Regiis, in the KINGS NAME, RIGHT AND AƲTHORITY ONELYONLY, not their owne.

Therefore our Prelates and Bishops, ought to derive all their Episcopall and Ecclesiasticall Jurisdiction together with the very right of Visiting within their owne Diocesse from King Charles, by speciall Letters Patents, now, and to execute it onelyonly in his name, right, and authority, not their owne: which since they have not done, nor desired to doe, they are liable to his just and Royall censures.

Thirdly, That all Chauncellours, Vicars generall, Commissaries, Officials, Scribes and Registers, to any Archbishop, Bishop, Archdeacon, or other Ecclesiasticall person whatsoever, ought to be made, constituted, ordained, and deputed, by the Kings Majesty onelyonly, (either immediately or mediately) by Letters Patents under the great broad Seale of England; not by the Archbishops, Bishops, Archdeacons or other Ecclesiasticall persons themselues, (unlesse the King by speciall Letters Patents authorize them to make and depute them:) else they can exercise no Ecclesiasticall Iurisdiction or Censures, by the expresse Statutes of 37. H. 8. c. 17. and 1. Eliz. c. 1.

Fourthly, That all Citations and Ecclesiasticall processe whatsoever, and the proceedings in all Ecclesiasticall Courts, ought to be made in the Kings name onelyonly, and sealed with his Seale of Armes, as they were in H. the eight and King Edwards dayes, and as the writs and processe of the Common-Law are; (that so they may be knowne to be his Majesties p. 116proces, and Courts by bearing his superscription and image, the cheife b…d…es of his Ecclesiasticall Supremacy and Prerogative Royall) else they are meerely voyd and illegall, neither ought any Subject to submit unto them, under peine of perjury and disloyalty to his Soveraigne; it being contrary to his Oath of Supremacy and allegiance, and both an admitting of, and submitttng to a fortaigne Papall, or Domestique Episcopall Iurisdiction, not derived from his Majesty.

Fifthly, That no Archbishop, Bishop, Archdeacon, or other Ecclesiasticall person hath power to Summon or keep any Visitations, without his Majesties speciall Writ, and Commission under his great Seale enabling and authorizing him; which Cummission ought to be publikely read before all the people at every Visitation,**Antiquit. Eccl. Britt. 185. 186. 187. 200. 202. 204. 225. 226. 300. 301. 302. 304. 308. 309. 422. Catal. Cancel. in Academia Cant. Ed. 6. and Eliz. 31 H. 8. c. 10. Fox Acts & Monuments p. 1774. &c. Bishop Iewels life before his workes, Sect. 25. as the Iudges Commissions are at every Assises and Eyre, that so they may know, they keepe their Visitations, onelyonly by the Kings authority. And so much the rather, because Popes and Bishops have usually challenged the right and power of Visiting as due unto themselves alone, though in truth a principall branch of the Kings owne Royall Ecclesiasticall Iurisdiction, united to the Crowne, by the expresse words of the Statutes of 26. H. 8. c. 1. 37. H. 8. c. 17. 1. Eliz. c. 1. 8. Eliz. c. 1. And the Archbishop of Canterbury hath now lately presumed to challenge this power of Visitation in his owne metropoliticall right, not onelyonly over his Province, but even over the University of Cambridge it selfe, of which the King onelyonly is Visitor, many of the Colledges being of his ancesters foundation, and so exempt as well as his free chaples, from Episcopall Jurisdiction, few Archbishops ever visiting it by their meere Archiepiscopall authority, without a speciall Bull from the Pope, before Reformation, and none since visiting it but the Kings alone, and his speciall Visitors,) as Edward the 6. did in the third, and Queen Elizabeth in the first yeare of her raigne; And our other Prelates partly by custome and example now beginne to claime, and ever exercise this power of visiting in their p. 117owne names, as their owne inherent right; whereas no Iudge or Iustice whatsoever hath beene so presumptuous or disloyall, as to keepe Assises or Sessions in his owne name or right, but in the Kings alone: And if our Prelates and their Officers have no such Commission from the King to visit, keeping visitations in their owne names and rights, not his; the Ministers and Churchwardens are bound by their Oath of Allegiance and Supremacy, to resist their visitations; not suffering them to proceed therein, and to refuse their visitation Oathes, which they have no Commission authorizing them to administer: else they are directly perjured and disloyall to his Majesty, inkk1. Eliz. c. 1 28. H. 8. c. 10. not defending to the uttermost of their power, all Ecclesiasticall Jurisdictions, priviledges, and preheminences, granted, united, and apertaining to his Imperiall Crowne, as they have promised by their Oath, whereof this of visiting the Ecclesiasticall State and persons is the cheifest. Now to proove, that Archbishops, and Bishops have no power at all, to visit their Diocesse, but by speciall Letters Patents from the King, and in his name and right alone: I should only demaund of them this short question; whether this right of Visitation they claime and contend for, belongs to them onelyonly Jure Divino by a divine right, or a Jure Humano, by some humane Title? If they say Jure Divino; that certainely is untrue.

First, Because Archbishops & Bishops themselves superiour …o, and distinct from Ministers, are not of divine, but meere humane right and institution, long after the Apostles times, as I have elsewhere prooved: themselves therefore being not of divine right, they can challenge no power of Visitation by a divine Title.

Secondly, The instituting of Provinces, Diocesse, and setting of one Archbishop or Bishops over many Cities. Churches or Parishes as a generall Visitor and Superintendent over them, is a**This all the Archbishop. Bishops and Clergy of England have resolved in their Institution of a Christian man, chap. of Orders, and Archbishop Whitgift, Bp Iewell, Bishop Alley and others elsewhere cited, confesse. meere humane invention, directly contrary to Gods, and the Apostles institution, who ever placed and instituted p. 118many Bishops and Elders in every Parish and City, not one Archbishop or Bishop over many, much lesse over an whole Sheire or Kingdome. Acts. 14.23. c. 20.17.28. Phil. 1.1. 1. Tim. 5.17. Tit. 1.5.7. 1. Pet. 5.1.2.3. Jam. 5.14. Your Provinces and Diocesse therefore being directly contrary to Gods and the Apostles institution, your Iurisdiction of Visiting them must needs be such.

Thirdly, Wee finde not in all the Scripture that Christ ever gave any such power of Visitation to his Ministers or Bishops, or to the Apostles themselves, neither finde wee one president in all the Bible of any Episcopall Visitation (much lesse of any Visitation, Oathes or Articles) kept either by Christ himselfe, or any of his Disciples, much lesse by Bishops. How then can that belong to Archbishops or Bishops, Jure Divino, which hath neither precept nor President to warrant it in all the Scripture? True it is, that the**Annotations on Act. 15.36.Acts 15:36 Rhemists would ground this right of Visitation which the Bishops and Archbishops claime as their peculiar inheritance to them and their Successors for ever, on Acts 15.36. And some dayes after Paul said unto Barnabas, Let us goe againe and VISIT our brethren in every City, where wee have preached the word of the Lord, and set how they doe.

But this Text is farre from the marke they aime at: For Frst, this word foreign which the Latine Translations render, visitemus, or invisamus, and the English, let us goe and visit, doth not signifie or import an Episcopall or metropoliticall Visitation, by way of Iurisdiction, authority or correction, but onelyonly a Visitation of charity and love; as is cleare, by Acts 7.23. When Moses was full 40. yeares old, it came in his heart foreign, to visit his brethren, the children of Israel; by Matth. 25.43. I was sicke, and in p…son foreign and yet visit me not: and Jam. 1.27. Pure religion and undefiled before God is this foreign to visit the fatherles and widdow in their affliction: where the same word is used: by the ordinary acception p. 119of the word visit in our owne common speech, when one freind or neighbour goes to see another, which wee call a Visitation (whence wee …ay, I will goe and visit, or I have beene visiting such a freind, neighbour, prisoner, or sicke person;) by the very title and forme of the Visitation of the sicke in the Booke of Common-prayer; and by the very last words of the verse; Let us goe visit our brethren, and see how they doe: Which words, See how they doe, plainely resolve this, to be a Visitation onelyonly of love and charity, such as was of Moses Acts. 7.23. or that of Mary who went up into the Hill-countrey to visit her Cosen Elizabeth, Luke 1.35. &c. therefore no Archepiscopall or Episcopall Visitation by way of Iurisdiction. So that the argument hence can be but thus: Paul and Barnabas went to visit the brethren, to whom they had preached, to see how they did; or a Minister may goe to visit his Christian Freindes or neighbours at their houses in love. Ergo Archbishops and Bishops visitations are Jure Divino, and none but they have any divine right to visit. A learned Nonsequitur.

Secondly, Wee read of no Visitation Oathes or Articles in all this Visitation, set out and delivered to Churchwardens and Sidemen, to present on upon Oath in Paul or Barnabas names; of no Chancellers, Registers, Appariters, Citators, procurations, presentments, suspensions, excommunications, fees of Court, shewing of Orders, or licenses to preach or keepe a Schoole, &c. as are in all our Metropoliticall and Episcopall visitations: this Visitation therefore can be no president for our Prelates, which hath no affinity with it.

Thirdly, These Apostles here went to those particular places onelyonly, where they had formerly preached the Gospell, and to no other, visiting none but those. If our Archbishops, and Bishops should doe so, their Diocesse would not be so great, nor their visitations so long, as now they are, yea some of them would ha no Diocesse at all to visit, unlesse it were White-hall, or Paul…s-Crosse, or perchance their owne Cathedrals, but no one Parish of their Diocesse, in which they never p. 120preached: and some of them should by this account, visit more places out of their Diocesse then within them. If this Text therefore prooves any thing, it is this, that Archbishops and Bishops, must preach the Gospell through out every place and Parish in their Diocesse and Provinces before they goe to visit them; and then never an Archbishop or Bishop of them all, could ever keepe a Visitation.

Fourthly, Paul and Barnabas here intended to visit joyntly, not severally, as our Bishops doe; they visit in p…rson, not by Proxy or deputy, as our Lord Bishops use; they preached in all places where they visit, which few Bishops doe: they went to see and visit their brethren in diverse Parishes; they did not send to divers Parishes, to come to meet and visit them out of their owne Parishes as our Bishops now doe, who in truth are rather visited by their Diocesse, then their Diocesse by them. This Text therefore proues not their Visitations to be Jure Divino.

Fifthly, Paul and Barnabas were no Bishops, but Apostles; and this their Visitation was no other then any Minister, Christian, yea Woeman (and Woemen now are the greatest gadders and Visitors,) may and use as well as they. It therefore prooves not, that the right and power of visiting, belongs onelyonly to Archbishops and Bishops Jure Divino, but the contrary, that all Ministers at least (if not other Christians) may visit their brethren and those places, where they have preached, as well as Archbishops or Bishops, if not rather and better, unlesse they preached more. There being then therefore no divine right, that Prelates can pretend for their visitations, as these reasons proove, and the forecited Statutes expresly resolve; Our Bishops must then claime it (if they have any right to it) either from the King (who‡‡31. H. 8. c 9. 1. Ed. 6 c. 2. first erecte… instituted, and bounded out their Bishoprickes, conferred them …n them, and may dissolve them at his pleasure) and therefore they must produce some Patent or Commission for it, and visit onelyonly in his name and right, as I have manifested; which Patent they p. 121all want; or else they must claime it from the Pope, whose authority they have ab…ured, which yet I presume they dare not openly doe. Therefore they must sticke onelyonly to the Kings Title, and doe all in his name, right and authority, and then farewell their divine right and inherent Episcopall power, which they so much boast of, and contend for even before his Majesties presence.

6. That all the proceedings and censures of our present Archbishops, Bishops, Archdeacons, Chauncellours, Vicars-generall, Commissaries, Officials, Scribes, and Registers, being directly contrary to all the fore-mentioned Statutes, are meerly voyd and illegall; and they all in a‡‡See 3. & 4. Ed. 6. c. 11. & Brooke Premunire 12. 16. 21. 22. H. 8. c. 15. Premunire for the same; And that deseruedly, they being as ever heretofore, so now, the greatest and most professed oppugners of the Kings Ecclesiasticall Prerogative, and the Subjects Liberties; the cheifest persecutors of Gods faithfull Ministers and people; and the bitterest enemies to grace piety, the truth and profession of the Gospell, as their proceedings anciently in the Booke of Martyrs, and now present before our eyes, proclaime to all the World; which every faithfull Subject by vertue of his forementioned Oath, is obliged to resist, to the uttermost of his skill and power, unlesse hee will proove treacherous, perfidious to his Soveraigne, betray his Majesties Ecclesiasticall Prerogative, his owne, his Countries Liberties, yea and Religion it selfe, (which … some of our Prelates by putting downe Lectures, preaching, suspending, silencing the most conscionable Preachers, authorizing Popish Arminian, and Licentious Bookes, allowing all carnall Liberty, even on the Lords owne day, and bringing in many Popish Ceremonies, Ornaments, rites and superstitions, openly trample upon, and secretly undermini…) to the usurping domineering Prelates; who now every where in all Kingdomes and Countries combine together toll3…. H. 8. c. 17. ingrosse the raines of Governement into their owne hands, to Lord it over the world it selfe, both in temporall and civill causes, p. 122over Clergy and Laity, and to enslave all men, unto their intollerable yoake of bondage, which is now so heavy here among us, that it makes many to seperate from our Church, many to flie the Kingdome dayly, many to turne Papists, more Atheists; those Puritans (as they terme them) who maintaine the Kings Ecclesiasticall Prerogative, being the cheife object of their malice and persecution, onelyonly for their love and loyalty to their God, Religion, Prince; their Courts and Prisons being fraught with them, when as Preists, Iesuites, Papists walke triumphantly about the streetes, and say Masse in every Corner, without their questioning or restraint, and I would to God wee could not say with some of their Countenance and encouragement.

7. Finally, Hence it is evident, that all our domineering Prelates Ecclesiasticall Iurisdiction, whereby they are distinguished from Ministers, is meerely Iure humano, by the grant of the King alone, from whom they ought intirely to derive it; not Jure Divino, as they have now of late most presumptuously and disloyally adjudged it in their High-Commission Court…, in Doctor Bastwickes case; though their very Commission (which derives unto them all Ecclesiasticall Jurisdiction onelyonly from the King, and that to Lay-Commissioners as well as themselves, reciting the very words of the Statutes 1. Eliz. c. 1.) might (as any reasonable man would deeme) have then checked and countermaunded this their enormious and ungratefull censure; directly contrary to that Commission which gave them authority to be his Iudges (‡‡Vnusquisque sui ipsius iniquus Iudex. though in their owne cause) as their just censure manifested. For that Iurisdiction which is wholly and originally vested in the King, both by the Law of God and of the Realme, and transferrible at his pleasure to what persons soever hee pleaseth though no Bishops; and not to any Bishops, butnn37. H. 8. c. 17. 1. E. 6 c. 2. 1. Eliz. c. 1. by, from, and under him, when as oft, and for so long time onelyonly as it shall please him, with power of revocation at his pleasure; cannot possibly belong to Bishops, as they are Bishops by any divine right or p. 123institution; no nor yet by any temporall right, it resting meerely in the Princes power to grant or not to grant such Iurisdiction to them at his pleasure, and no injury or injustice to deny it them, as they all joyntly confesse in their Booke, intituled, The Institution of a Christian man: Chapter of Orders, dedicated by them to King Henry the eight, and subscribed with all their names, even in the printed Copies. But such is all our Prelates Episcopall Iurisdiction, as our**26. H. 8. c. 1. 37. H. 8 c. 17. 1. E. 6 c. 2. 1. Eliz. c. 1. 31. H. 8. c. 9. 8. Eliz. c. 1. Statutes expresly resolve. Therefore it is not Jure Divino. Not to mentionooQuoted by Gersonius Bucerus, Dissertatio de Gubernatione Ecclesiae, by Mr. Swift in his Petition to Queen Eliz. and by Dr. Bastwick, De Iure Episcopali. Beda, Archbishop Anselme, Ricardus Armacanus, Wickliffe, Bishop Peacocke, William Swinderby, The Lord Cobham, Francis Lambert, Master Tyndall, Master John Lambert Martyr, all the Bishops and Clergy of England in their Institution of a Christian man, Bishop Tunstall, Bishop Stokesly, Doctor Harpefeild, Archdeacon of London,, Master John Bradford, Bishop Hooper, Bishop Latimer, Bishop Alley, Bishop Jewell, Thomas Beacon, Doctor Humfry ppAnswer to Martine, p. 172.Doctor Fulke, Doctor Whitakers, Doctor Willet, Doctor Ayray, Doctor Taylor, qqFox Acts & Monuments p. 358. 359 360. 210. 414. 430. 432. 434. 439. 518. 522. 552. 599. 625. 971. 972. 981. 1009 1016. 1465. 1856.Master John Fox, Bishop Elmer, Bishop Bullingham, William Turner, Rodericke Mors, Master Stubs, Geffery Chaucer, Deane Nowell, or any**Master Nowell his Reproofe of Dormans Proofe, f. 43. 44. 45. Master Whetenhals Discourse, of the abuses now in question. other of our Writers, who affirme, that Bishops and Presbyters, or Ministers, Iure Divino, are but one and the same, both in order, power and Jurisdiction; that Bishops are not superior to Ministers Iure Divino, but onelyonly by humane Institution, and condemne the Lordlinesse of Prelates; Nor yet to remember that memorable saying of our worthy learned MartyrrrIn his Workes, p. 220. See a Supplication to King Henry the 8. An. 1544. Doctor Barnes, That hee would never beleive, or could ever beleive, that one man by the Law of God may be a Bishop of p. 124two or three Cities, or of an whole Country; for that is contrary to the Doctrine of Sant Paul, who commaunded Titus to ordaine many Elders in every City, not one Elder over many Cities, Tit. 1.5. Archbishop Whitgwifte himselfe, p. 383. andssDefence of the Princes supremacy, p. 359. 926 259. Doctor Bridges, Bishop of Oxford (the greatest Sticklers for the Prelacy) confesse, that by Gods word, a Priest and a Bishop are all one; and the later of them, writing against the Papists, in defence of the Princes Supremacy justifieth Aërius and the Protestants therein out of Hierom, Peter Lumbard, Durand, and the Institution of Colen; And yet the selfe same men, and their Disciples writing against Master Cartwright and the Puritans, as they phrase them, make it ttBishop Bridges Defence of Governement, p. 281. 373 448. &c. Bp. Whitgift, p. 408. Doctor Sutcliff Engl. Treatise, p. 68. Bishop Bancrosts Ser. p. 18. Admonition against Martyr Marc. Prelate, p. 44.Heresie to beleive and teach upon Epiphanius his bare authority (who censures this for Heresie in Aërius) though Isidor Hispalensis, and **Causa. 24. Quest. 3.Gratian doe not so much as mention it, among his other Hereticall or Erronious opinions, nor any one ancient Counsell Father, or Author else, so much as tax… it for an Error, much lesse an Heresie, (which it cannot be) when as it is in truth, the resolved Doctrine of our Church, our Statutes, Martyrs, Writers, and of our Prelates themselves; who in this very point are arrant Puritans, when they write against the Papists; (who to maintaine the Popes Supremacy Iure Divino, are enforced to deny the parity of Bishops, and Ministers by divine Institution, witnesuuSee the Petition to Queen Eliz. p. 22. Bellarmine, Turrian, Dure, Spence, Stapleton, Saunders, Bristow, the Rhemists, Espenseus Mauritius de Alzedo Nicholaus le Maistre, and other popish Writers) but professed Papists herein, when they write against the Puritans, to maintaine their owne domincering Antichristian Hierarcy, which else would fall unto the ground: A pretty tricke of Episcopall Legar-demaine, which makes their Title Jure Divino, very suspitious. Now that this their Episcopall Iurisdiction and Authority, wherein they differ from ordinary Ministers, (to wit, their Dioces, Consistories, Institution and induction of Ministers, Consecration of Churches and Churchyards, Excommunication, deprivation, suspention, and all other Ecclesiasticall Censures, p. 125probate of Wills, granting of administrations, and the like) is not Jure Divino, but onelyonly from the Kings Grace, and grant, by speciall Letters patents; is the expresse resolution, not onelyonly of the Statutes of 26. H. 8. c. 1. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. forecited, but likewise of sundry Letters patens, made to Bishops themselves, some 3. or 4. of which I shall onelyonly recite, which will put this controversie out of all farther question.

In the yeare of our Lord 1535. (being the 26. yeare of King Henry the 8. Raigne) both the Archbishops, all the Bishops, Archdeacons, Deanes and other Clergy men, exercising Ecclesiasticall Jurisdiction (upon the making of the Statute of 26. H. 8. c. 1. which abolished all their inherent Ecclesiasticall Iurisdiction, and restored, and united it to the Crowne,) were inforced to Petition the King for speciall Licenses, under the great Seale, to keepe Consistories, visitations, exercise Ecclesiasticall Jurisdiction and Censures in his name, right, Stead, Authority, and to make Chauncellours, Commissaries and Officials: which Licenses granted to them the same yeare, in the monethmonth of October and November, and er…cred in their owne Registers, runne in this maner. Henricus Dei gratia, &c. Cum OMNES IVRISDICENDI AVTHORITAS ATQUE IURISDICTIO, tam illa QUAE ECCLESIASTICA dicitur, quam secularis. AREGIA POTESTATE, VELVT A SVPREMO CAPITE ac omnium Magistratuum infra regnum nostrum fonte ac scaturigine EMANAVERIT, Sanè illos qui Iurisdictione hujusmodi ante haec non nisi praeclare fungebantur, officium hujusmodi sic iis EX LIBERALITATE REGIA INDVLITVM p. 126gratis animis agnoscere, IDQVE REGIAE MAGNIFICENTIAE SOLVMMODO ACCEPTVM REFERRE EIQVE quoties regiae Majestati videbitur, libentèr cedere convenit, &c. Nos tuis in hac parte SVPPLICATIONIBVS HVMILIBVS INCLINATI, & nostrorum subditorum necessitatibus consulere cupientes, TIBI VICES NOSTRAS, SVB MODO ET FORMA INFERIVS DESCRIPTIS COMMITTENDAS FORE, TE QVE LICENTIANDVM ad idoneas personas constituendas, AD EXEQVENDA EA QVAE AD ECCLESIASTICAM IVRISDICTIONEM SPECTANT, oportunum duximus, &c. Upon these Licenses (which plainly resolve; that all Episcopall and Ecclesiasticall Jurisdiction is originally derived from the King alone, as from the supreame head and fountaine; and that the Bishops received it ONELYONLY, from the Kings Royall Liberality and Magnificence, who may freely revoke and take it from them at his pleasure, as oft as hee thinkes meet, and likewise determine, that Bishops in the execution of it are but the Kings meere Deputies, doing all in his steed and right, in such forme and maner as hee shall prescribe them by his Letters Patents, so as they cannot make any Officials, or Commissaries to exercise Ecclesiasticall Jurisdiction under them, but by the Kings speciall License;) the stile of the Bishops in all their Processe, Citations, and Mandates was this: N. Episcopus: L. per Illustrissimum in Christo Principem Henricum Octavum Dei gratia Angliae, Franciae & Hiberniae Regem, Fidei Defensorem, & in p. 127terris Ecclesiae Anglicanae & Hiberniae supremum Caput, ad infra scripta legitime ET SVFFICIENTER AVTHORIZATVS, or xxFox Acts & Monuments p 1294. 1405.REGIA AVTHORITATE FVLCITVS. Which forme of Processe (ratified by the Statute of 1. Ed. 6 c. 2.) continued till the Statute of 1. & 2. Phil. and Mary c. 8. and Queen Maries Letter to her Bishops thereupon, to expunge the clause of Regia authoritate fulcitus. Which Statute being now repealed by 1. Eliz. c. 1. and the Ecclesiasticall Jurisdiction as fully, intirely, and in as ample maner united to the Crowne, by the expresse words of that Act, and of 5. Eliz. c. 1. and 8. Eliz. c. 1. as ever it was in King Henry the eight, or Edward the sixt, and the Statute of 1. Ed. 6. c. 2. revived by 1. Jacobi. c. 25. Why our Bishops should not take the like Patents and Licenses, and make out their Processe and Citation now adayes in the Kings name, as they did then? I cannot divine.

After this King Henry the eight, in the 37. yeare of his Raigne granted this ensuing Patent to theyyNot Lord Bishop no writ or Patent stiling them so: though they thus stile themselves. Bishop of Oxford, enabling him by himselfe, or his Officers, to exercise Episcopall Iurisdiction granted to him by the same, as meerely humane, not divine:zz37. H. 8. in the Rols, pars. 2. Henry the eight &c. To the Right reverend Father in God, our right, trusty and welbeloved Robert, Bishop of Oxford greeting. Whereas in the late surrender of the Cathedrall Church of Oxford, made by you and the Deane and Chapter of the same upon our request and commaundement, upon certaine causes us moving to translate the same into a more convenint place, within our City of Oxford, you among other things, have also yeelded up and aaThus Egelricus Bishop of Duresme giving over his Bishopricke; Suum annulum, resignavit Ingulphi Historia, An. 105, p. 907.surrendred into our hands ALL YOƲR JƲRISDICTION appertaining to you by reason of the same. Wee therefore neverthelesse not minding thereby to abolish or abridge your Jurisdiction in any part GRANTED BY ƲS TO YOƲ, and your Successors, in the first erection of your Bishopricke there, have GIVEN AND GRANTED, p. 128AND BY THESE PRESENTS DOE GIVE AND GRANT ƲNTO YOƲ FƲLL POWER AND AƲTHORITY, as well, TO PRACTISE, EXERCISE AND EXECƲTE; either by your selfe, OR ANY OTHER OFFICER OR OFFICERS, ALL AND ALL MANNER OF JƲRISDICTION, POWER AND AƲTORITY, appertaining to your Bishopricke, (to wit, by vertue of the first Patent which erected it) within the Diocesse of Oxford; as also to proceed to the deliverance of such convict person or persons, as are now committed, or shall hereafter be committed to your ward and custody; and to the Consecration OF CHƲRCHES AND CHƲRCH-YARDS within the said Diocesse, as the cause and necessity therein shall require; in as amplewise and maner as you heretofore have done, or any other BISHOP in his Diocesse within this our Realme, may doe, BY VERTƲE OF ANY GRANT OR GRANTES MADE BY ƲS ƲNTO THEM, OR ANY OF THEM, IN THAT BEHALFE. The Statute of Martmon… or any other Statute or Statutes made to the contrary thereof in any wise notwithstanding; in witnesse whereof, &c. Witnesse the King at Westminster, the ninth day of June, in the 37. yeare of our Reigne over England &c. Per ipsum Regem, &c.

For the understanding of the true meaning of this Patent, know; thatbbGodwines Catalogue of English Bishops, p. 491. 492. King Henry the eight, An. 1541. being the 34. yeare of his Reigne, erected the Bishopricke of Oxford by his Letters Patents, making the Church of the Abby of Oseney the Cathedrall Church and Episcopall See of that Bishopricke, intitling it, Ecclesia Beatae Mariae De Oseney; creating Rober… King, the last Abbot of that house, by these his Letters Patents, first Bishop of this See. About 5. yeares after, to wit, An. 1546. p. 129the King thought meet to translate the See from Oseney Abbey, unto Cardinall Colledge, (since called Christ Church) then newly erected by Cardinall Woolsey, whereupon the first Patent erecting the Bishopricke at Oseney Abby was surrendred, and by another Patent the Bishops See, translated to Christ Church Colledge; wherein the King placed a Bishop, a Deane, 8. Prebendaries, a Quier, and other Officers, besides a hundred Students to be maintained in the same, enstiling the Cathedrall; Ecelesia Christi Cathedralis Oxon. ex fundatione Regis Henrici Octavi; upon which Surrender this Patent of license was granted by the King to the Bishop of Oxford.

From which I observe. First, that all the Episcopall Jurisdiction, which our Prelates doe or can challenge, is derived onelyonly and immediately from the King, by his Letters Patents, and resignable onelyonly into his hands. Therefore not received by Bishops immediately from God, nor due unto them Jure Divino, for then it could not be surrendred backe againe into the hands of men. To make this more perspicious, consider, that every Archbishop and Bishop here in England, received two things of different natures from two severall sorts of persons.

The First, is his Bishopricke and Episcopall Jurisdiction thereto annexed, this hee receives meerly from the King by Letters Patents, as the precedent and following Patents manifest, and the Statutes of 1. Ed. 6. c. 2. 37. H. 8. c. 17. & 8. Eliz. c. 1. resolve.

The second is his Episcopall Ordination and Consecration, this hee receives onelyonly from the Archbishops or Bishops, who ordaine and consecrate him onelyonly by vertue of and upon the Kings Letters Patents directed to them; By the first, hee hath power to admit, institute, and inducte Ministers to livings, to keepe Consistories, Visitations; inflict Ecclesiasticall Censures; hold plea of Ecclesiasticall causes; proove Wills and Testaments, grant Letters of Administration, consecrate p. 130Churches, Churchwards, and the like, if the Kings Patents to him, grant him such power, otherwise not:**See the Booke of Ordination of Ministers and Consecration of Bishops. By the second hee hath power to preach Gods word, administer the Sacraments of baptisme and the Lords Supper, read divine Service in the Church, and (with the consent and assistance of others of his Clergy) to ordaine Ministers and Deacons, which every Minister, as theccWhen this prayer is done the Bishop, with the Preists present, shall lay their hands severally upon the head of every one that received orders. Booke of Ordination of Ministers, confirmed by dd2. Eliz. c. 1 3. E. 6. c. 12 5. & 6. E. 6. c. 1.Act of Parliament, and the C…mons testifie, may doe as well as hee. TheeeCanon. 35. first of these is not Jure Divino (they being not granted nor united to Bishops or Bishoprickes by any one Text of Scripture,) and therefore are derived meerely by Letters Patents from the King. The second are incident to ff1. Tim. 3. Titus 1. See the Booke of Ordination of Ministers and Consecration of Bishops accordingly.1 Tim 3Titus 1a… Bishops and Ministers alike, by divine institution, as the main… essentiall parts of their Ministeriall and Episcopall function: and therefore not derived from the King by Patent, but received by imposition of handes, consecration, and ordination from Bishops and other Ministers. Many Bishops and Ministers have wanted, and still doe want the first, and yet have beene and are gg10. E. 3. a. 25. Ass. 8. Cooke 3. Report. 75. b. 1. & 2. Phil. and Mary c. 8. Hierom. in tit. C. 1. Iewels Def. of the Church of England c. 3. Divis. 5.compleate Bishops and Ministers, Acts. 20.17.28. Phil. 1.1. Tit. 1.5.6.7. 1. Tim. 3.1. to 9. 1. Pet. 5.1.2.3. But all of them equally enjoy the …st by divine institution, without which they are altogether incompleate. The first of them may be resigned into the Kings hand, from whence it is wholy derived, as this Charter testifieth: the second cannot be surrendred into the hands of men, because originally derived from God. True it is, men that so abuse it, as to make themselves unworthy of the Ministry, may be deprived of it by the King, and such Commissioners, as hee shall authorize; but they cannot resigne, transferre the same to any, as they may doe the first.

p. 131The first, they may execute by themselves, or their Officers, onelyonly; if the King authorizes them, so to doe, as hee doth in this Patent: The second they must discharge and execute in person,‡‡See Bishop Latimers Serm. of the Plough, Bp. Hoopers, Bp. Iewels, Master Tyndals and others Passages against Non-residents and Pluralities transcribed by Master Whethenhall in his Discourse of the Abuses now in question, p. 123. 129 138. 146. 152. 156. 160. 168. 169. 172. 174. Fox Acts and Monuments p. 1020. 294. 304. 305. not by a Deputy or substitute; because God enjoynes it, Acts 20.28. 1. Cor. 9.16.17.18. Matth. 28.19.20. Mar. 16.15. Col. 4.17. 2. Tim. 4.1.2.5. 1. Tim. 3.1. 2. Rom. 12.6.7.8. Ezech. 34.2.3. John. 10.3.4.5.14. Jer. 23.4. c. 3.15. It is most apparant therefore that this first (wherein Bishops onelyonly differ from ordinary Ministers) is not Jure divino, what ever they pretend to the contrary.

Secondly, It is apparant by this Patent, that no Archbishop, Bishop, or other Ecclesiasticall person, can, or ought to execute, exercise, or practise any Ecclesiasticall Iurisdiction, power, or authority, either by himselfe or his Officers, but by vertue of some grant and speciall Patent made to him in that behalfe, by the King: the sole cause why Bishops in those dayes tooke such Patents and Licenses as these. Why then should they exercise and execute any Ecclesiasticall Iurisdiction in their owne names without such Licenses and Patents, now? Is it, because Bishops have more Ecclesiasticall Iurisdiction, now Jure divino, then their Predecessors had then? Or because, Bishops in these dayes usurpe much more upon the King and Crowne, and shewlesse dutifulnes to their Soveraingne, then they did in that age? Or is it, because our present Soveraigne hath lesse Ecclesiasticall Iurisdiction then King Henry the eight? The first, it cannot be, for Gods Law was then the same it is now.

The last it cannot be, since the Statutes of 1. Eli. c. 1. …. Eli. c. 1. & 8. Eli. c. 1. resolve, that the King hath as large and ample an Ecclesiasticall Jurisdiction both by Law and inheritance, as King Henry the eight, or King Edward the 6. The second therefore must be the true cause. I shall conclude with the Letters Patents of King Edward the 6. to Bishop Ridly, Hooper, Ponet, Scorye, Coverdale, p. 132and other Bishops created during his reigne, grounded upon the Statute of 1. Ed. 6. c. 2. one whereof made to Miles Coverdale, Bishop of Exeter, I shall onelyonly recite for example sake, the other, being of the selfesame forme, and agreeing with it word for word:**An. 5. Ed. 6. pars 1 in the Rolles Scoryes and Ponets Patents are in this same Patents roll, and almost Verbatim with this. Rex om…nibus ad quos &c. salutem. The King to all to whom these presents shall come greeting. Whereas the Bishopricke of Exon is without a Bishop, and is destitute of a fit Pastor, by the free resignation of John late Bishop of that place, and doth by right belong to our Collation and donation. Wee willing to collate another fit person to the Bishopricke aforesaid, and judging our wellbeloved Miles Coverdale, Professor of Divinity, for his singular learning in the Scriptures, and for his most approoved maners, wherewith hee is indowed, to be a fit man for the place and Office aforesaid: know yee therefore, that wee of our speciall grace, and certaine knowledge, and meere motion, have conferred, given and granted, and by these presents doe conferre, give and grant to the foresaid Miles Coverdale the s…d Bishopricke of Exon: and wee translate the same Miles to the Bishopricke of Exon, and wee nominate, ordaine, make, create, declare, and constitute by these presents the same Miles, Bishop of Exon, and of Exeter Diocesse: to have and to hold, execute, and enjoy the said Bishopricke of Exon to the same Miles, during his naturall life, together with all Lordships, maners, Lands, Tenements, hereditaments, possessions, and rights, as well spirituall as temporall, and all other profits, commodities, emoluments, offices, dignities, authorities, preheminences and Jurisdictions whatsoever, to the said Bishopricke, and pastorall office, of the same now belonging, appertaining, or incumbing. And wee will, and by these presents grant to the said Miles now Bishop of Exon, that hee may lawfully, freely, and quietly, be able lawfully to ordaine and promote, whatsoever sit Clerkes wheresoever borne within the said Diocesse of Exon, and others in that part, lawfully dimissed and licensed to all lawfull and Presbyterall orders, and those so presented to admit to Ecclesiasticall Benefices whatsoever, within the said Diocesse and Jurisdiction being, and lying in the Bishopricke of Exon, p. 133and in, and of the same to institute, invest; and if hee shall find them not fit, to deprive them of their Ecclesiasticall function, and to remoove them from the same, and also to conferre and bestow whatsoever, Benefices, Dignities, and Ecclesiasticall Promotions, belonging and appertaining to the collation and disposall of the said Bishop of Exon; to proove last Wills and Testaments of all deceased whatsoever within the said Diocesse and Jurisdiction of the Bishopricke of Exon, and the administration of whatsoever goods of the same Diocesse and Jurisdiction, of such as dye intestate, or by way of intestation, to insinuate and commit, and sequester the goods of the said deceased in cases promitted by Law, and to inquire and take an accompt and reckoning, and to doe all other things necessary in that behalfe, and to heare, dispatch, take notice, and examine causes, quarrels, and whatsoever businesses belonging and appertaining to the Ecclesiasticall Courts, and to the said Bishop, by way of complaint, or appeale, or otherwise to be devolued, as well at the instance and petition of the parties, as of office, simple, mixt or promoted, and to discusse, decide, determine, and finish those things and causes with their incidences, emergencies, dependencies, annexes, and connexes whatsoever, also to visit the Cathedrall Church of the City and Diocesse of Exon, and the whole Clergy and people of the same, as well in the head as in the members, as often, and when there shall be need, and it shall seeme expedient; and to inquire of, and upon whatsoever crimes, excesses, and delinquencies, belonging to the Ecclesiasticall Court, within the said Diocesse of Exon, and Jurisdiction of the said Bishopricke of Exon, committed and perpetrated; as well Ex officio simple and mixt, as promoted; and duly to correct, reforme and punish, whatsoever delinquents, or criminall persons, by Ecclesiasticall Censures, and other lawfull remedies of Ecclesiasticall Jurisdiction, and to depute and place any Officials-Commissaries, and other Ministers whatsoever for the due execution, exercise and expedition of the premises, and all other and singular things in the premisses, or any of them, or any thing necessary or any way fit concerning them, …nd all other things whatsoever any way respecting; tending and p. 134concerning the authority, power and Jurisdiction ordinary, and Episcopall and pastorall offices, Praeter & ultra ea quae ipsis divin…tus concessa esse dinoscuntur; Besides and beyond those things which are knowne to be committed unto them from God, out of the sacred Scriptures, to execute, exercise, doe, dispatch and commit to execution, **See Fox Acts and Monuments p. 1294. 1405.VICE, NOMINE, ET AUTHORITATE NOSTRIS REGIIS, in our Royall stead, name, authority, &c. In witnes whereof &c. Witnes the King at Westminster, the 14. day of August, in the fifth yeare of the Raigne of King Edward the 6. of England, &c.

By a Writ of privy Seale, and the Date aforesaid, by authority of Parliament.

From this Patent (and sundry others of this forme) it is apparant, that the Bishops power to ordaine, and institute Ministers to Churches, to keepe Consistories, and Eccesiasticall Courts, to hold plea of Ecclesiasticall causes, to inflict Ecclesiasticall Censures, to keepe Visitations, and to inquire of such offences as deserve their Censure without Oath, (for this, nor any other Bishops Patent gives them no power to administer an Oath in such causes,) to proove wills and grant Letters of administration, deprive or suspend Ministers, and the like, is derived to them onelyonly from the King, and not Jure divino, by any divine right: that Bishops ought to have these Iurisdictions granted to them by the Kings Letters Patents under the great Seale, and that they ought to keep their Courts, Visitations, and make out all their proces, onelyonly in the Kings name, and right, as his Officers and Visitors onelyonly, under paine of usurpation, and a Praemunire; which they neither doe, nor are willing to doe, (as appeares by the Archbishops late contest the 21. of Iuly 1636. before the King himselfe at Hampton Court, where the sole question was, whether the Archbishop by his owne Episcopall authority, without any speciall Commission from his Majesty, and in his name and right alone, as his p. 135Visitor, should visit the University, which none of his Predecessors since the beginning of Reformation had done before him? which cause miscaried for want of true reformation of his Majesties right,‡‡See Fox Acts and Monuments p. 1405. 1294. but proceed onelyonly by their usurped power and authority. Bishop Jewell in his Sermon on Psalm. 69. p. 190. recordes, that Pompeius a Gentl. of great wealth and notable courage did build a Theatre, such a one as before had not beene, which would containe 25000. men, contrary to the Proclamation and Order taken; but doubting lest the next Magistrates should destroy it, ††Tertullian de Spectaculis. l. 1.hee caused a place of religion to be set upon it, and called it the Temple of Venus. Whereby hee provided, that if any would overthrow it, because it was a Theatre, they might yet spare it for the Temples sake; For to pull downe a Temple was sacriledge. Even so there have beene Proclamations and Canons (saith hee) that no man should be called the cheife, or head of all Churches, or usurpe such authority over others; but when the Pope built up his Supremacy against the meaning of such Canons, hee pretended religion for his doing, hee said hee was de Iure Divino, that no man should presume or attempt against it, and that so his power might continue for ever. Iust so our Prelates, imitating the Pope in this his Stratageme, and well knowing, that by the Doctrine of the Scriptures, Fathers, and the forecited Statutes, they have no greater authority or Iurisdiction then Ministers, and that all their Episcopall Iurisdiction & authority above ordinary Ministers, is derived only from the King and humane institution, and so subject to be revoked or restrained at the Princes pleasure; doe therefore labour, to build their pretended Episcopall Iurisdiction and authority upon divine institution, against the meaning of the Scriptures, Fathers, and foresaid Statutes, and publikely teach and define, that it is Jure Divino, that so no man should presume or attempt against it, though they most intollerably abuse it, and that this their extravagant usurped power might continue for ever, to oppresse Gods Church and People. Since therefore our Prelates are such notorious usurpers, both upon the Kings Ecclesiasticall Prerogative p. 136and the Subjects Liberties, I shall conclude the first pa…t of this Breviate, with the sayng of Pope Gregory kkGratianus, Can. 11. Quaest. 2. Bishop Iewell, Reply to Harding, Art. 4. Divis 53. p. 234.Privilegium meretur amittere, qui abutitur potestate: Hee that abuseth his authority, is worthy to loose his priviledge, and that Decree of Pope Sylverius, inserted into the by of the C… …on Law, (which the Bishops themselves now so much endeavour to advaunce)llCausa. 25. Quest. 2. Sic decet: …Etiam quod habuit amittat, qui quod non accepit usurpat; Hee that usurpeth that which hee hath not received (as our Bishops have done, and dayly doe) let him loose that hee hath formerly enjoyed. To end all; In the Let any of the Common Prayer Booke, there was this prayer used in King Iames time, for the Queene, Prince, and the King and Queenes Children; Allmighty God, which hast promised t… be a Father of thine elect, and of their Seed, wee humbly beseech thee to blesse our gracious Queene Anne, Prince Charles, &c. Our Prelates (who have beene tampering which**In the Epistle on Palme-Sunday, all the Bookes before, 1629. reade the texts truly: That IN the name of Iesus every knee should bow, &c. Master Cosens (I know not by what Authority) to patronize the Ceremony of bowing at the name Iesus; An. 1629. turned it into, AT the name, since which it hath beene so printed: though this translation be contrary both to the Greeke and Latine, and neither good English, nor sence. corrupting, expunging the Booke of Common Prayer it selfe, though confirmed by Act of Parliament, contrary to the Statute of 1. Eliz. c. 2.) out of their hatred and dispite to Gods election and elect, and their unparalleld undutifulnes, disloyalty and contempt to his Majesty and his seed, have expunged this passage, (which hath promised to be a Father of thine elect and their seed) out of all our late printed Common Prayer Books, as if his Majesty, his Royall Confort, Prince Charles, and the King and Queens other Children were none of Gods elect, nor God their Father. A thing worthy speciall observation and detestation, agravating and adding weight to all their former presumptuous encroachments upon, and Rebellions attempts against his Majesties Royall Crowne and dignity. Since therefore they thus implicitely denie God to be a Father, both to the King, the p. 137Queen and their Seed; and expunge them out of their Catalogue of Gods elect, depriving them hereby not onelyonly of their Royall temporall Crowne here, but of their eternall Crowne of Glory hereafter, by their owne Episcopall usurped domineering power, his Majesty, with his Royall Consort and Seed; can doe no lesse by way of right, and retaliation, then forthwith discord them from being any longer any ruling Fathers, in or elected swaying Prelates of our Church, making the whole Packe of them mmSee Bishop Latymers 2. and 4. Serm. before King Edward the 6.Quondams, and reducing them to a parity with their Brethren Foro Humano, (whom Jure Divino, they ought not to exceed either in power or Iurisdiction;) till they shall publikely acknowledge these their notorious usurpations on their knees, and satisfie his Majesties Iustice for them to the full as they well demerit; there being none such desperate professed publike enemies, rebells, underminers to his Majesties Crowne and Ecclesiasticall Prerogative, his Lawes, his Subjects, Republike, Religion, Iustice, Grace, and all good men, as they, as the premises evidence, and the second part of this short Breviate will more largly manifest, to which I now proceed in order.