Of the Prelates Intolerable Usurpations, Part (1 of 4)

Of the Prelates Intolerable Usurpations · Part (1 of 4)

p. 138Their Encroachments upon the Subjects Liberties.

1THe Statute ofaaSee Rastals Abridgment Tit. Accus. And the Petition of right 3. Caroli. Magna Charta (39. times confirmed in Parliament) cap. 29. enacts; that no freeman shall be taken, imprissoned or disseissed of his freehold, or liberties, or free customes, or out-lawed, or exiled, or any otherwise destroyed, neither shall wee passe upon him, nor condemne him, but by lawfull Judgement of his Peeres, OR BY THE LAW OF THE LAND.

That the Bishops and High Commissioners have no power at all to fine, or imprison, or arrest and attach men by Pursevants, as now they dayly doe.The Statute of 5. Ed. 3. c. 9. ordaines, that no man from henceforth, shall be attached for any accusation, nor forejudged of life, nor limbe, nor his lands, tenements, goods, nor cattels, seised into the Kings hands, against the forme of the great Charter, and the Law of the Land.

The 5. Statute of 25. Ed. 3. c. 4. prescribes; that from henceforth, none shall be taken by Petition or suggestion made to our Soveraigne Lord the King, or to his Counsell, unlesse it be by indictement, or presentment of good and lawfull men, where such deeds be done, in due maner, or by proces, made by writ originall at the Common Law; nor that none be put out of his Fraunchises, nor of his freehold…, unlesse hee be duly brought into answer, and forejudged of the same, by way of Law. And if any thing be done against the same, it shall be redressed, and holden for none.

The Statute of 28. Edw. 3. c. 3. Provides, that no man of what estate or condition that hee be, shall he put out of Land or Tenement, or taken, or imprisoned, or disherited, or put to death, without being brought into answer by due proces of the Law.

The Statute of 37. Edw. 3. c. 18. complaines, That though it be contained in the great Charter, that no man be taken, imprissoned, or put out of his freehold, without proces of the Law, p. 139neverthelesse, divers people make halfe suggestion to the King himselfe, as well for malice, as otherwise; whereby the King is often greived, and divers of the Realme put to great damage, and losse against the forme of the great Charter, wherefore it orders, that all they, that make such suggestions, be sent with their suggestions, before the Chauncellour Treasurer, and his great Counsell, and that they finde surety to pursue their suggestions, and to incurre the same paine, that the other should have had, if hee were attained, in case that his suggestion were found evill, and that the proces of the Law be made against them without being taken or imprissoned against the forme of the said Charter.

The Statute of 38. Edw. 3. c. 9. thus seconds the former Statute, As to the Article made at the last Parliament of those that make greivous complaints to the King himselfe; It is assented, that if hee, that maketh the complaint, cannot proofe his intent against the Defendant, by the proces limmited in the said Article, hee shall be commanded to prison, there to abide, till hee hath made good to the party of his damages and of the slander, or that hee hath suffered by such occasion, and after shall make fine, and ransome to the King, and the point contained in the same Article, that the plaintife shall incurre the same paine, which the other should have, if hee were attained, (in case that his suggestion be found untrue) shall be taken away.

The Statute of 42. Edw. 3. c. 3. concludes thus; To eschew the mischiefes and damage, done to divers of the Commons, by false accusers, which oftentimes have made their accusations, more for vengeance and singular profit, then for the profit of the King, or of his people; of which accused persons, some have beene imprisoned, and others caused to come before the Kings Counsell by writ, and otherwise, upon greivous paine against the Law. It is assented and accorded for the good governance of the Commons, that no man …e put to answer without presentment before Justices, or thing of record, or by due proces, or by some writ originall, according to the old Law of the Land, and if any thing from henceforth be done to the contrary, it shall be voyd in the Law, and holden for E…ror.

p. 140All these recited Statutes, are mentioned and ratified, as the undoubted Lawes and Liberties of the Land, by the late Petition of right 3. Caroli. The famous Parliament held at bbMathew Paris. Hist. Major. p. 96. 97.Clarendon, An. 1164. under King Hen. the second, subscribed and sworne to by Becket himselfe, and all the Prelates, Abbots, Clergy, Nobles, Barons, and Commons of England, as the undoubted Law, and the custome of the Land, to be inviolably observed, enacted among other things, that Lay-men ought not t… be accused in the presence of the Bishop, unles it be per certos & legitimos accusatores & Testes: by certaine and lawfull accusers and witnesses. And that excommunicate person ought not to give caution to remaine, nor yet to give an Oath, when they are absolved, &c.

The Statute of 25. H. 8. c. 14. recites: That it standeth not with the right Order of Justice, nor good equity, that any person should be convict, and put to the losse of his life, name, or goods, unlesse it be by DƲE ACCƲSATION AND WITNES, or by presentment, verdict, confession, or proces of out Lawry; since by the Lawes of the Realme, for treason committed to the perill of the Kings most Royall Majesty, upon whose safe…y dependeth the whole Wealth of this Realme, no person can no way be put to death, but by presentment, verdict, confession, or proces of out lawry, ‡‡Note.wherefore it is not reasonable, that any Ordinary, by any suspection, conceaved of his owne fantasie, without due accusation or presentment, (to wit, by a full Iury upon Oath) should put any subject of the Realme, to the infamy or slander of heresie, to the perill of his life, losse of name, or goods; in consideration whereof it enacts, That every person or persons, being detected thereof, BY TWO LAVFVLL WITNESSES AT THE LEAST to any Ordinaries of this Realme, having power to examine heresies, shall and may after every such accusation and presentment, AND NOT OTHERWISE, NOR BY ANY OTHER MEANES, be cited, convented, arrested, taken or apprehended by the said Ordinaries, or any other the Kings Ministers, p. 141and subjects whosoever. And the Statute of 1. Eliz. c. 1. (which erects the High-Commission,) enacts, that no man shall be indicted, or arraigned for any offence against that Law, but by TWO SƲFFICIENT WITNESSES at the least, and that viva voce, face to face, if they be alive, or within the Realme.

The Statute of 2. H. 5. c. 3. enacts: That forasmuch as divers of the Kings leige people, be dayly cited to appeare in the spirituall Court, before spirituall Judges, there to answer to divers persons, as well of things as touch freehold, debt, trespasse, covenants and other things, whereof the connsans pertaineeth to the Court of our Soveraigne Lord the King, as of matrimony and testament, and when such persons so cited, appeare, and demaund a lible of that, that against them is surmised, TO BE INFORMED TO GIVE THEIR ANSWER THERE, or otherwise purchase a writ of our Soveraigne Lord the King, of Prohibition, according to their case, which lible is to them denied by the said spirituall Judges, to the Intent, that such persons should not be ayded by any such writ, against the Law, to the great damage of the persons so impleaded: That therfore from thenceforth the Lible should be granted and delivered to the party, WITHOƲT DIFFICƲLTY, (and that before any Oath given to answer it) and in case it be refused, a **4. E. 4. 37 Prohibition 8 Fitz. Nat. Brevium. f. 43. E. Against ex officio Proceedings.Prohibition lyes upon this Statute, as hath beene oft adjudged. By all these Statutes it is clearely re…olved.

1. First; That no man ought to be cited, prosecuted, or proceeded against meerely Ex officio, without a sufficient prosecutor assigned, able to render sufficient dammages to the Party prosecuted, in case hee be acquitted.

2. Secondly, That no man ought to be cited, convented,None to be arrested by any spirituall or temporall Iudge, no not for heresie upon bare suspition. arrested, or apprehended for heresie (much more then inferiour and petty Ecclesiasticall crimes) upon suspection, or malice p. 142onelyonly: nor**1. H. 7. c. 4 31. H. 8. c. 14. 23 Eli. c. 1. 35. Eli. c. 1. 3 Iac. c. 3 Against ex officio Oathes.Jas 3 unles hee be first either presented and indicted thereof upon Oath, by a verdict of 12. sufficient men, or lawfully accused and detected thereof by two lawfull witnesses at the least.

3 Thirdly, That no man ought by Law to be forced by Oath or answer to Articles to accuse himselfe, in any criminall causes, which concerne either his life, liberty, losse of goods, or freehold; but ought to be convicted by witnesses, presentment, or the verdict of 12. men upon Oath; or by his owne voluntary confession, without Oath or coaction.

Against Pursevants and Intimations.4. Fourthly, That no mon ought to be cited, or brought into answer, but by due Proces of Law, and according to the old Law of the Land; therefore not by Pursevants, or intimations.

Against ex officio, oathes and putting men to Answer, before they have a Coppy of their Articles.5. Fiftly, That no man ought to be put to answer, or take any Oath to answer in any Ecclesiasticall Court, before hee hath a copy of the lible; or Articles against him; and that this lible ought to be granted and delivered to him, without any difficulty, that so hee may either demurre, answere, or bring a Prohibition, as his cause shall require and advise with his Councell, how to frame his answer, or demur legally for his best advantage, and security as hee doth in all Courts of Law and equity.

Against Excommunications for breach of Canons, not ratified by Parliament and Imprisonmēt by the Prelates.6. Sixthly, That no man ought to be outed, or deprived of his freehold, goods, chattles, or exiled, outlawed or excommunicated (for everyccSee Fitz. and Brooke, Tit. Excommengment, Littleton, Sect. 193. and Cooke Ibidem. excommunication is an outlary, because it disables a man to sue, and may be pleaded in barre of his action at the Common Law, yea and an exile to, from the Church and society p. 143of the faithfull;) nor otherwise destroyed or condemned, nor yet fined, or imprisoned, but by the Law of the Land; that is, by the Common and Statute Law, of the Realme; not by any Ecclesiasticall Lawes, Canons or Constitutions, not ratified by the King and Parliament; and that by the lawfull judgement of his Peeres, not by Ecclesiasticall Iudges or Commissioners; which can neither impose a fine on any man, nor deprive him of his freehold, nor yet imprison, or lay any pecuniary mulct upon him, as the marginall ddArtic. Cler. c. 1. 2. 3 4. 2. R. 2. c. 5. 2 H 4. c. 15 2. H. 5. c. 7. 1. Eliz. c. 2. 5. Eli. c. 21. 23. 5. & 6. Ed. 6. c. 3. Register part. 1. f. 267. a. part. 2. f. 45 49. 50. b. 57. b. 52. 55. a. 56. a. 57. b. 59. a. 66. a. 67. b. 71. b. 99. a. Fiz. Nat. Brev. f. 51. K. 52. F. 53 a. 11. H. 4. 88. 20. E. 4 10. b. 22. E. 4. 20. 22 Ass. 70 Consultation. 57 Prohition 30 25. H. 8. c 14. 21.statutes and Lawbookes resolve; but onelyonly in case of heresie and incontinency of Preists; in which two cases, and no other, they are inabled to imprison by two late **1. H. 7. c. 4 25. H. 8. c. 14. Against ex officio, Proceeds without a Prosecutor.statutes; whereas at Common Law, they could imprison in no case; neither can they now impose a fine in any case, either by the Common or any statute Law.

7. Seaventhly, That all proceedings, censures, excommunications, oathes, fines, imprisonments, contrary to these statutes, are meerely erronious, and voyd in Law, and ought to be redressed and holden for none.

Yet notwithstanding all these just and equall statutes for the Subjects ease and benefit, our usurping domineering Prelates, both in their Consistories and Visitations, (but especially in the High-Commissions,) oppresse and greive his Majesties good Subjects, in all and every of these perticulars, contrary to the expresse Letter and provision of these reiterated Lawes.

1. First, In citing, prosecuting, and proceeding against men, meerely ex officio, upon bare superstitions, rumours, fames, (and oft-times out of meere malice,) without any sufficient accuser, or prosecutor assigned to satisfie dammages to the parties unjustly vexed. And if any prosecutor be assigned (as many times there is not, neither in the High-Commission, nor their Consistories, it is commonly some apparitor, proctor, or proctors man, onelyonly pro forma; or some officer, or wel-willer p. 144to the Court; so that if the parties be accquitted, yet they shall either have no costs at all allowed them, or very small, as experience witnesseth; and that because (as a**Bishop Whites Speech to Master Walter. Bishop lately told a freind of his, that was acquitted in the High-Commission, and then dismissed without costs,) they must not discourage prosecutors, else they should have no worke, and no griest would come unto their mils.

2 Secondly, They not onelyonly cite and convent men upo… bare surmises, eeAgainst which Tertullian in his Apology, thus declaimes: Natura famae omnibus nota est vestrum; Est fana malum, quo non aliud velocius ullum: carca malum? quia velox, quia index? an quia plurimum mendax? quae ne tunc quidem cum aliquid veri affert, fine mēdacij vitio est, detrahens adijiciens, immutans de veritate. Quid quod ea i… conditio est, ut non nisi quum mentitur perseveret, & tamdiu vivit, quamdiu non prob…t. Siquidem, ubi probavit, cessat esse, & quasi officio nunciandi functa, rem tradit: exin… res tenetur, res nominatur. Nec quisquam dicit (verbi gratia) fama est hoc Romae factum; aut fama est, illum pronunciam sortitum: sed sortitus est ille pronunciam, & … factū Romae. fama nomen incerti, locum non habet, ubi certum est. An verò fa… credat, nisi inconsideratus? quia sapiens non credit incerto, &c. Yet our Prelates prec… upon meere fames, and sweare Churchwardens to present upon them; though Tertullian and the Christians blamed it in the very Pagans.fames and suspitions, without any proceeding presentment or accusation by two sufficient witnesses, or more upon Oath, both in their Consistories, Visitations and elsewhere, b… likewise in their High-Commissions, arrest, apprehend, and imprison them too, nay breake open, search, and ransacke their houses, studies, bookes, chests, truncks, shops, warehowses cabinets, writings by their pursevants and officers, as if the… were traytors to the King and State; and commit men close prisoners now and then, before any Articles, inditement, presentment, or accusation upon oath against them; and that for the most part meerely out of malice; of purpose for vexation; A tyrannicall greivance, and an exorbitancy so excessive, so intollerable, so diametrally, contrary to all Law, equity, justice, and the forecited statutes, that the Parliament of 7. Jacobs in their Petition of greivances, exhibited to King James, (of which there are many printed copies extant) and sundry Parliaments since, have complained against it, as an insufferable outrage, burglary, and oppression, desiring a speedy reformation: upon which p. 145they receaved Royall promises, that these exorbitances should be redressed; though they be now more frequently practised, then in any former ages: as the late transacting of Doctor Stautons, Master Whites, and other mens studies, and their imprisonment upon idle surmises, with sundry other presidents of this nature, witnes. Such proceedings, neither Christ, nor his Apostles, nor any godly Fathers of the Church, have ever used or approoved against the most infamous hereticks; unparalleld by any, but the Spanish or Romish Inquisitors, whose violent footesteps our mercifull, pittifull, fatherly, harmles Prelates now follow to an haires breadth; exceeding all temporall Magistrates in violence, injustice, cruelty, extortion and oppression; none being so merciles, cruell, furious, despitefull or pittiles, as many of our Prelates; who as Anthony Parson wittily answered some of them of old in theffFox Acts & Monuments p. 1111. Booke of Martyrs, are rather become BITESHEEPES, then true Bishops, biting and devouring the poore sheepe of Christ, like ravening Wolves: Which consideration caused the godly Martyr ggFox Acts, &c. p. 986.Master William Tyndall at his death, to Petition King Henry the eight, (a suit not unseasonable to our present Soveraigne) to have compassion on his poore Subjects, that the Realme utterly perish not with the wicked Counsaile and proceedings of our Pestilent Prelates; who have ever beene so prone to degenerate into cruell wolves, towards Christs poore flocke. That the very Booke of consecration of Bishops, ratified byhh5. E. 6. c. 2 8. Eliz. c 1. Act of Parliament, **Canon. 36subscribed to by our Prelates, and lately reprinted by the Archbishop of Canterburies, commaund, prescribes this exhortation to all Bishops and Archbishops, at their consecration. Be to the flocke of Christ, a shepheard, not a wolfe; feed them, devoure them not: Which if they did well remember, they would no doubt correct these their extravagant excesses, which all men cry shame on, but themselves; and they would not allow, nor practise, were it not to support their owne usurped Episcopall Iurisdiction, state, and power, the onelyonly object, about whose Patronage this violent injustice is exercised; dignum patello operculum.

p. 146Against Ex officio oathes and Articles.3. Thirdly, They inforce men by Ex officio Oathes, and Articles to accuse themselves, even in criminall causes, which concerne both their credits, in respect of scandall; their libertie…; in regard of imprisonment: their freeholds and goods, in relation; to those deprivations, suspentions, and fines, which they inflict for the most part in their Commission Courts upon the defendants selfe detection and answers. A proceeding, contrary to the Common and statute Law of the Realme; which in no criminall case whatsoever, puts any delinquents upon any information, action, or inditement, to answer upon Oath, or to accuse themselves (no not in case of Treason, or felony, the most transcendent offences; nor yet in trespasse, or other petty misdemeanors, the argument used in the statute of 25. H. 8. c. 14. to condemne and abolish, Ex officio, oathes and proceedings, in case of heresie, and Ecclesiasticall offences) but puts the accuser to proove his information, plaint, inditement, or presentment by witnesses, and not by the defendants Oath or confession; the Common Law being so curious in this; that it will not so much as put a Juror to a voyre-dire, upon any challenge, which toucheth him in his reputation, or savours of a crime (as for taking money, or giving up his verdict beforehand) though it forceth him to tell the truth upon his Oath, in other challenges of affinity, consanguinity and the like, which are neither scandalous, nor criminall; The reason whereof is given in our Lawbookes, because no man is bound to bewray himselfe, in things, which concerne his credit, liberty, life, or forfeiture of his estate, in which cases any man may lawfull refuse to take an Oath, or give any answer at all; as the ii49. E. 3. 2. a. Fitz. challenge 100. Brooke, 25. 7. H. 4. 10. a. Fitz. Iustice of Pearce, 172 Cromptons Iustice of peace p. 182 219. 2. Eli. c. 13. Dyer. 288. p. 51.marginall Law Authorities conclude and resolve. And for expresse authority in point. March. 18. Eliz. one Hinde was convented before the High-Commissioners for Symony, and committed for refusing to answer upon Oath, to accuse himselfe, and upon a Haberes Corpus brought by him in the Common pleas, hee was delivered, after solemne debate, the Court adjudging the imprisonment unlawfull in this case, because no man is bound by Law, in a case of crime, or scandall to accuse himselfe. Neither are those Ex officio, Oathes and Articles, contrary to the Common-Law: p. 147But to the Canon Law it selfe, whichkkGratian causa 2. qu. 5. 3 causa 3 qu. 9. cau. 5 qu. 20. causa 11. qu. 3. cau. 15. qu. 5. 6. requires witnesses and accusers face to face, to convict any man (especially a Minister) of any crime, without forcing men, to accuse themselves, either upon Oath, or answer to Articles: And if witnesses faile, and accusers, the party by the Canon Law is acquitted. Which Law, though it prescribe sometimes an Oath of Purgation to the accused party, where there are stronge Presumptions and Circumstances, but no full legall proofe of guiltines, yet this is onelyonly after full hearing of the cause and sentence given; not before it, (as our Ex officio Oathes now are, which precede the sight of the Articles) and that to purge and cleare the party, acquitted by sentence, not to detect and accuse him, that hee may be sentensed, yet this purgation, asllCaus. 2. q. 5 Gratian and the Popes there quoted by him, resolve, is onelyonly voluntary, not coactive; as the Parties not the Judges election, and that in case of Bishops and Ministers, not of Laymen, when their people shall earnestly require it; so that it hath no affinity with the Oath and Articles, Ex officio, (which are not arbitrary, but enforced under paine of imprisonment; not to purge, but to accuse and insnare; and that not at the peoples request, but against their vote and clamors) the maine argument produced for their Iustification. Nay these Oathes and Articles, Ex officio, are**See An. Melvini Celsae Commissionis Anatomia. contrary to the Law of God himselfe, which requiresmmDeut. 17.6. c. 19. 15. Matth. 18.16.Deut 17:6Matt 18:16 that every thing should be established, by the mouth of two or three witnesses: nnEph. 5.29 Eccl. 7.16. Matth. 19.19. 1, Tim 5.8Eph 5:29Eccl 7:16Matt 19:19Matt 19:1that no accusation should be receaved against an Elder, (much lesse then no Elder condemned) but under two or three witnesses: ^o that every man should love, cherish, defend, and protect his owne fame, life, liberty, estate, and not destroy or ruine himselfe, contrary to our Saviours, and the Apostles owne practise, who ppIohn 18.19.20.21.22.23.37. c. 19. 9. 10. Matth. 27.11. to 15. Acts 23. & 24. & 25.John 18:19John 18:20John 18:21John 18:22John 18:23John 18:37Matt 27:11–15Acts 23would not accuse themselves, nor answer to captious Interrogatories and questions propounded to them, by the High-Preists and Pilate, but put them to their proofes and witnesses; Contrary to the Jewes, rrIn. 7. 51. Acts 23.35 c. 25. 16. 17. 18.Acts 23:35yea Romans Law and proceedings, who condemned no man, before they had brought the accusers witnesses, and dilinquents, face to face, and beare their accusations, testimonies, and defence. Contrary to p. 148the note, Doctrine, and practise of many of our godly Martyrs, who affirmed it a thing contrary to Charity, to the Law of God, of nature, equity, common reason, and to the Canon and Civill Law it selfe, for men to bewray and accuse themselves, and therefore refused to take any Oath, or to answer to any Articles, to accuse themselves, declaiming against Ex officio, Oathes and proceedings, as Antichristian, blowdy, tyrannicall, unnaturall, uncharitable, unreasonable, unjust, yea execrable, and Diabolicall, (though our Prelates still uphold them, plead for them, imprisoning, and using such as even out of conscience refuse to take them, rather like doggs then Christians, which shewes, whose offspring they are) as is evident by Master William Tyndall in his workes, p. 122. 179. 208. 289. by the Brethrens ssFox Acts & Monuments London 1510. p 950. 951 1006. 1021. 1022. 1643. 1616. 1661. 1777. 1778. 1813. 1814. 1815. 1849. 1872. 1873. 1874. 1843. 1844. 1845. 481. 482. 539. 651. All excellent passages against Ex Officio. Oathes and proceedings.Letter to Thomas Philip Martyr; by that excellent passage of Master John Lambert Martyr, to this purpose in his answer, to his first and 41. Articles: by Master John Philpot Martyr, and his fellow prisoners, who would neither accuse nor detect themselfes, nor one another, and petitioned to the Parliament against these proceedings and Oathes: by some of the fellowes of Kings Colledge in Cambridge, by Richard Woodman, and Reginald Eastland Martyr. (who alleadged that hee knew that to end a strife and Oath was lawfull, but to begin a strife, an Oath is unlawfull, and therefore hee now refuseth to take his Oath in the beginning of this matter against him:) by Elizabeth Younge, Thomas Hitton, and Cuthbert Simpson Martyrs, and by Master John Fox himselfe; whom Doctor ttSinopsis Papismi 7. generall contr. q. 2.Andrew W…llet, uuDiscourse of the abuses now in quest.Master Whethenhall, xxHis Argument.Master Nicholas Fuller, and yyIn his Scholasticall Discourse against the Cross. part. 2. c. 8. Sect. 2. p. 104. to 109.M…ster Parker, since have largely seconded, all of them passing a joynt sentence of condemnation against these Oathes and proceedings, which, say they, the very Fathers (as Athanasius, Ambrose, Chrisostome, and many others quoted byzzBibliothecasancta l. 6. Annot. 26. p. 434. 435. Sixtus Sennisis) have excceedingly declaimed p. 149against, as the High rode to perjury, and the very Devils precipise to tumble men headlong into hell, asaaSlades case 4. Report. f. 95. Sir Edward Cooke hath long since stiled them in his Reports; yea these Ex officio Oathes and Articles, are contrary to Archbishop Whitguifts owne confession and protestation before King James, and his Councell in the Conference at Hampton Court, p. 90. (set out by the Prelates themselves) where hee is brought in averring. That if any Article before the High-Comissioners, (much more then in their Consistories and Visitations) did touch the party any way, either for life, liberty or scandall, HEE MIGHT REFƲSE TO ANSWER, NEITHER WAS HEE ƲRGED THEREƲNTO.

But now the course is cleane contrary to what it was then, for if any man refuse to take the Oath, even before hee see whether his Articles touch him in point of liberty, or scandall, (as all now doe, since they have made imprisonment, a censure of course, in all causes there sentensed,) or else refuse to answer, fully to their Articles which touch his reputation, liberty, and lively-hood, or the losse of his living and Ministry, hee shall be forthwith layd up in a filthy Dungeon, or nasty prison, as many of late and heretofore have beene; and their Articles taken as confessed. Such is their strange degenerate Iustice now, from what it was even in Bishop Whatguifts dayes. Finally, as these Ex officio Oathes and proceedings were founded on the Statute of 2. H. 4. c. 15. (which Master Fox in his Acts and Monuments therefore stiles the Statute Ex officio, p. 481. 482.) which was for mercy abandoned by the Statutes of 25. H. 8. c. 14. & 10. Eliz. c. 1. (which erects the High-Commission,) which expresly repeale the Statute of 2. H. 4. c. 17. (and by consequence these oathes and proceedings granted on it) which our High-Commissioners should be ashamed to use, since that Statute, which erects their Commission, thus precisely discordes them, & t…e A…ion which t…ey were founded: So they are contrary to the resolution of the Commons-howse of Parliament, which hath oft complained against these Ex officio Oathes p. 150and proceedings, as intollerable greivances, pressures, contrary to all Law, and Justice; and by name in the printed Petition of greivances, 7. Jacobi; yea contrary to the late Petition of right it selfe 3. Caroly, which condemnes these Ex officio Oathes, in case of the late louelove, (though prescribed by a speciall Commission,) as directly contrary to the Lawes, Statutes, Customes, and Fraunchise of the Realme; and enacts: that no man shall from thenceforth be called to take such Oathes, or confined, imprisoned, or any way molested for refusing to take the same: Of which more anone. I shall therefore close up this perticular, with the expresse resolution of Judge **Dyer f. 288. p. 51Dyer, Catlyn, Saunders, and Whiddon, Pasc. 12. Eliz. where the case was this: A will of perjury was sued in Chancery, for perjury there committed, against the forme of the Statute of 5. Eliz. and the question was, whether if the Defendent pleaded not guilty, whether hee shall sweare his plea, and answer to Interrogatories upon Oath; It was resolved by all the Judges, that hee should nor, (for this would inforce him to accuse and defame himselfe in such a criminall cause,) and that the proceeding there should be by Latine will and answer, which upon issue joyned, should be tried by witnesses and a Jury in the Kings-Bench. A full resolution, that all Ex officio Oathes and proceedings in criminall causes, are directly against the very Common Law and Statutes of the Realme. Therefore to be abandoned and exploded; neither can any Commission whatsoever warrant them; since neither the ‡‡11. H. 4. f. 37. Fortesque de laudibus Legum Angliae, 42. Ass 5. Brooke Commission 15. 1. Ed. 3. 25. b. 20. H. 3. c 9. Against the High Commissions pursevants, intimations and other Pro…es.King himselfe, nor the Pope and Prelates, have any power to alter or change the Law of the Land, but the whole Parliament onelyonly, which so lately condemned both these Oathes and Commissions to administer them in the Petition of right.

4. Fourthly, They are so farre from bringing men into answer, by due processe of Law, to wit, first by a Citation, then by an excommunication for default of appearing on the Citation; and lastly by a Capias Excommunic…tum, directed to the Sherife, (the onelyonly Ecclesiasticall proces and legall proceeding, p. 151that the High-Commissioners can or ought to use,) that many times at the first dash they breake open mens howses violently, as if they were Traitors and fellons, and attach them by their Pursevants, under whose hands they likewise oft detaine them many dayes together, without bayle or maineprize; putting the poore Subjects hereby to an intollerable expence to their great oppression and undoing; contrary to the course of all other Courts. If any man be brought into the Starchamber, for never so hainous offences, hee is not forthwith send for by a Pursevant, nor clapt up prisoner at the first boute, (which is to begin with execution, and quite contrary to all forecited Statutes,) but first of all a Sub poena is directed to him, the serving whereof costs him nothing, being ever done at the Plantiffes charge: If hee appeare not upon the Sub poena, then an Attachment issues to the Sherife, at the Plaintiffe cost too, till his contempt appeares; and then himselfe must beare the charge; which is not above 10. s. of course; if hee stand out an Attachment, then a Proclamation of rebellion issues, and then in the last place a Pursevant or Sergeant at armes is sent to bring him in. But in the High-Commission, a Pursevant is oft times the first proces, or a Citation served by a Pursevant; which costs every Defendant that lives 40. or 50. miles of the Court, sometimes 3. 4. 5. or 6. p. a peece; whereas in all other Courts the first proces costs them nothing. After which Citation followes an Attachment, and that saved or executed by a speciall Pursevant at the like rate. Then they send out Intimation, upon Intimation, of 20. 30. 40. 50. or a 100. s. a peece to appeare by such a day, which upon default they estreet into the Eschequer. A new kinde of Proces, never heard of, till of late, to fine men before app…rance, and for not appearing, contrary to the course of all other Courts, and to the Common Law and Statutes, which expresly bbArtic. …leri c. 1. 2. 3. 4. 5. & 6. c. 3. 1. Eliz. c. 2. Fitz. Nat. Brevium 51. R 5. 2. F. 53. A. See (d) before.resolves, that Ecclesiast…call Judges, and Commissioners, can impose no fine, or pecuniary mulct, on any, person by way of Censure, for any Ecclesiasticall offence, muchlesse then by way of processe. All these their proces and proceedings p. 152are irregular, contrary to all the forecited statutes; and intollerable greivances, oppressions to the Subjects, as the Commons howse of Parliament, in their Petition of greivances, 1. Jacob, and in most Parliaments, since have resolved, and our Iudges long since determined: yet our Prelates are now more exorbitant, in this violent oppressive course of proceeding then ever, especially against godly co…scionable Ministers and people; and that for meere toyes and triffles; upon the information of every Drunkard, or base idle wretched companion; who out of malice and spite alone shall attempt to prosecute them. InccSimpsons case 42. Eli. 42 of Queene Elizabeth, the High-Commissioners directed a warrant, to one Richard Butler, Constable of Aldrington in the Country of Northampton, for attaching and arresting the body of J…b, Simpson of that Parish, and the bringing of him before them, for committing adultery with the wife of Edward Fust, the Constable hereupon with one William Johnson, Fusts servant, came to a widdowes howse in Aldrington, where Simpson was; at eight a clocke at night, and the doores being open, would have arrested Simpson, by vertue of the High Commissioners warrant, which hee there read unto him. Simpson notwithstanding resisted, and in his owne defence shot Johnson, who came in aide of the Constable, with a Pistoll, so as hee fell downe dead, for which being arraigned at Northampton, assises following, the question grew, whether this were willfull murder, or manslaughter onelyonly? for if the Co… stable had lawfull authority to arrest him, then it was w llfull murther, otherwise but manslaughter se defendendo. The matter being of great waight, was deferred till next assises, and upon conference with all the Judges of England, it was resolved; that it was onelyonly manslaughter se defendendo, because though the Commissioners had power given them to attach, and arrest offenders by Pursevant, or warrant, by the words of their Commission, yet the statute of 1. Eliz. c. 11. on which the Commission is grounded, gives the… no such authority, and so their Commission as to that particul… voyd in Law, and the Statute giving them no power to arr… Simpson, but to proceed against h m by Citation onelyonly, and othe… p. 153Ecclesiasticall proces, the Constables warrant was meerely voyed. And hereupon Simpson being indicted of willfull murther, was by the Jury found not guilty, by the direction of the Court, and so acquitted. A full and most pregnant resolution in a point by all the Iudges; that the High-Commissioners cannot lawfully arrest any man by Pursevant or warrant, (as now they dayly doe)**Muchlesse then can they breake up and ransacke any mans howse, as now they doe. no though his doores be open, and the words of their Commission authorize them so to doe; and that the killing of theit Pursevants and officers in such cases (much more then where they ransacke and violently breake up mens howses,‡‡Cooke Report. 2. Bettisworthes case, fol. 32. which are their Castles in all cases, except fellony or Treason,) is no murther in point of Law, wherefore all their Attachments, arrests by Pursevants or others, and their new invented Intimations, are meere extravagant oppressions, greivances, and innovations, contrary to the forecited Lawes; And so was it agreed by the Court in Lucas his case, hil 30. Car in the Kings Bench.

5. Fiftly, That no man ought to be denied a Coppy of his Articles in the High-Commission upon his apparance before any Oath or answer holden: and that the denying of the Coppy of the Articles, before Oath, or answer, & the Oath, and proceedings Ex officio, are against Law.Whereas in all other Courts of Iustice in the Kingdome, the defendants upon their appearance may freely take a copy of the information, bill, plaint, or Articles exhibited, against them, to repaire therewith to Councell, to crave advise, whether to answere or demurre thereto in Law, as the case shall require; and to direct them how to answer legally, and cauteously for their best advantage, without taking any Oath to answer upon their appearance; before they see the bill, information, plaint, or Articles; taking onelyonly an Oath upon the putting in of their answer, (after it is perused, engrossed, and subscribed by their Councell) That it is a true answer; yet our Prelates in their High-Commission and Consistories, are growen so strangly, exorbitant and unreasonable, as upon mens appearance, before any sight or knowledge of the Articles p. 154exhibited against them, yea oft times before any Articles drawen, to force men, to take an Oath, to make full and true answer to all such Articles, as are or shall be exhibited against them: which must needs be a meere rash, brutish inconsiderate Oath; voyd both of righteousnes and Judgement, (twoddIer. 4.2.Jer 4:2 essentiall properties of every Christian Oath) fitter for beasts then men, and very prejudiciall to the parties. I read ineeDe persecutione Vandalica. l. 4. Victor Ʋ…censis, that when King Hunerichus his Commissioners urged the orthodoxall Bishops and Ministers of Affricke, assembled together before them, to sweare to a certaine shedule tendred to them, before they had read and perused it; Hortulanus and Florentianus with all the others replyed to them, Nunquid Bruta nos irrationalia, sumus, ut nescientes quid Charta contineat facile aut temere juremus, What are we unreasonable bruite Beasts, that wee should easily or rashly sweare, not knowing what the Charter containes? Yet such bruite beasts will our Prelates make men, that they must either sweare to answer Articles, before they know whether there are any Articles at all drawne up against them; or if exhibited, what it is they containe, or whether they are fit to be answered or no; or whether the Court hath Iurisdiction in the things objected; or whether they shall live or be forced to answer them or no; or else they must forthwith be dragged to prison. Alas, what is Barbarisme and inhumanity in the one; or rash unadvised swearing without Iudgement and righteousnesse, in the other, if this be not? yet this is the Fatherly Charity, mercy and Iustice of our Prelates in their High-Commission ‡‡See the Appellation of Iohn Penrie to the High-Court and Parliament, An. 1589. p. 42. to 47.withi… parralell, or president among Turkes and Infidels themselve… IfffOpus imperfect. in Math. Homily, 12. Sant Chrysostome were so much against swearing in any c… before Ecclesiasticall Iudges (as Master Miles ggHis Exhortation to accustomable swearers.Cover d… B…shop of Exeter records of him) that hee thus rebukes Clearg… men for administring an Oath to others to sweare men: Audit… Clerici, &c. Heare this, O yee Clarkes, or Cleargy-men who reach out the holy Euangelists to them that sweare; how can … be secure from that Oath, or this precept of our Saviours, swe… p. 155not at all, who give an occasion of perjury? Can hee who carrieth fire, whence burning is occasioned, be free from that burning? or hee who holds out a sword by which murther is committed, is not hee a sharer in that homicide? So hee who gives an occasion of perjury to another, is a partaker of his perjury. Let the fire cease and there will be no burning; take away the sword, and murther will not be committed; take away an Oath, & there will be no perjury. If it were just to sweare well, yee might justly excuse your selfes, by saying, wee have given them the Gospell that they might sweare, not that they might forsweare; but now since yee know THAT EVEN, TO SWEARE WELL IS A SIN, (and so resolve most of the bbSee Sixtus Senensis Bibl. Sancta lib. anot. 26. p. 433. 434 435.Fathers on that Text of Math. 5.) how can yee be free, who give an occasion of sinning against God? If this Father thus declaimed against the Oathes administred by Clergy men in his time, what would hee say of these rash inconsiderate Ex officio Oathes in our dayes, and of those Prelates, who force men to them, and imprison those who make conscience of them? doubtles hee would have filled the world with Rhetoricall invectives against them both, and condemne them as infringers of the third iiExo. 20.7Exod 20:7Commandement, with other kkMath. 5.34.36. Iam. 5.12.Matt 5:34Matt 5:36Jas 5:12texts of Scripture; and of the 39. Article of our Church, which condemnes all vaine and rash swearing, (and what can be more vaine or rash, then to sweare to answer Articles, not yet drawne, or such as we have neither seene nor know what matters they containe?) and all swearing before a Magistrate, unles it be in a cause of faith and Charity; (and what Charity is it to inforce a man, to accuse, detect, defame himselfe, or others to his or their ruine?) and done according to the Prophets teaching in justice, judgement, and truth; as these rash oathes are not; for what justice can there be in this, to violate all these rules of justice? to make a man his owne accuser, betrayer? and to force him to sweare to answer such Articles, which the Law perchance allowes him to demurre to, without Oath, or to take of by a Prohibition without answer, or to refuse to give answer to? what judgement can there bee, to sweare, to give a true full p. 156answer to Articles which we neither know as yet to be, or if they be, yet are utterly ignorant what they doe or may comprise? Or what truth can there be, to sweare to answer Articles, which perchance by reason of sicknesse, death, freinds, composition, demurre, or a Prohibition, wee shall never give an answer to; and by reason of our owne perticular ingagements to secure, favour, helpe our selves, wee are in all legall probability more likely to answer falsly or fraudulently then fully and truly (as the most usually doe) the cause why no ‡‡Littleton. Sect. 212. 7. H. 6. 19. a. 9. H. 6. 10. 12. H. 4. 8. Brooke Leet. 12. Iudex, Assessor, Advocatus, Executor non possunt esse testes. Glossa in Gratianum: Causa 2. Quaest. 6. cap. statutum est: And all Civilians & Canonists in their Titles, De Testibus: & Iudice.Law permits any man to be a witnes, Judge, or Juror in his owne cause? well, when this rash Oath is thus inforced and taken before sight of Articles; which the party may justly refuse, and if they be committed for not taking it; the Iudges on a Habes corpus, ought to bayle them (as hath beene expresly judged in Leighs case, M. 9. & 10. Eliz. and in Hindes case M. 18. and 19. Eliz. in the C. B. and 3. Jacobi, in Berries case in the Kings Bench,) shall the party have a Copy of his Articles forthwith, to goe to Councell or men skillfull in the Lawes to advise him, (being ignorant perchance himselfe in Law affaires) how to answer, as is usuall in all Courts of Iustice else? No, his Majesties poore Subjects (being purposely for the most part brought before them to ensnare and intrapp themselves,) must have no copy at all of their Articles given them, whereby to put in their answers by advice of Councell toll25. H. 8. c. 14. captious and grosse interrogatories, able to intangle the most intelligent; or to advise with their freinds and Councell whether the Atticles be fit to be answered, or rather demurred unto; or to moove for a prohibition before answer given, if there be just cause; but**Ps. 44.22 Rom. 8.36.Ps 44:22Rom 8:36 like sheepe appointed for the slaughter, and destined to ruine, must answer their Articles and put in their answers, before they shall have a Coppy of them; and this answer must be dictated Ex tempore, by the parties to the Register, who must write it from their owne mouthes, and they then answer as hee thinkes fit, else hee will not write nor repeat their answers; and the defendants or their Councell, must neither draw nor ingrosse their owne answers, neither may p. 157they have liberty to carry their answeres to their Councell to peruse after the Register hath written them, before they be put into Court, past all alteration and amendement. And if the party will make a defence or justification in his answer, by shewing the reasons, either why hee doth, or refuseth to doe this, or that hee is charged with; The Register either will not or may not write it; and the answer written must be purged and corrected in such cases, as the Register and Commissioners thinke fit; witnes Master Snellings late case, for not reading the Declaration; with others, whose answers and Justifications would by no meanes be receaved, and were rased and purged after they were receaved and put in. Our reverend Martyr Archbishop Cramner, in his**Fox Acts and Monuments. p. 1708. appeale from the Pope to the next generall Councell, makes these two cheife causes of his Appeale: The right reverend Father James Brookes, Bishop of Glocester, Judge and Deputy, under the most reverend Cardinall Poole caused me to be cited at Oxford (where I was then kept in prison) to answer to certaine Articles, concerning the danger of my state and life, and when I being unlearned and ignorant in the Lawes, desired councell of the learned in the Law, that thing was MOST ƲNRIGHTEOƲSLY DENIED ME, CONTRARY TO THE EQƲITY OF ALL LAWES, BOTH OF GOD AND MAN. Wherein againe I feele me MOST WRONGFƲLLY GREIVED. And when hee had required of me answers to certaine Articles, I refused to make him any answer; I said I would yet gladly make answere to the most renowmed Kings and Queenes Deputies or Atturnies then present, with this condition notwithstanding, that my answer should be extrajudiciall, and that was permitted me. And with this my Protestation made and admitted, I made answer: but mine answer was sodaine and unprovided for, and therefore I desired to have a Coppy of mine Answeres, that I might put to, take away, change and amend them; an… this was also permitted to me. (which yet is now denied men in the High-Commission, who can neither p. 158have Coppy of Articles, or Answere out of Court, to advise which Counsell or amend what is amisse by direction of Counsell, till the answer be in past all alteration) Nevertheles, contrary to this promise made to me, no respect had of my Protestation nor license given me to amend mine answere, the second reverend Father Bishop of Glocester commaunded mine answers to be inacted, CONTRARY TO THE EQƲITY OF THE LAW. In vvich thing againe I feel my selfe much greived. This denying therefore of men, the Liberty of making their Answers by their Counsells advise learned in the Law, and to have Coppies of their Articles, and Answers before their answeres be in, to mend their answers by advise of Lawyers, is in this Archbishops and Martyrs judgement, a most unrighteous thing, contrary to the equity of all Lavves both of God and man, and a most vvrongfull gravance to the Subjects, giving them just cause of Appeale. Yet forsooth, it is the cause and custome of this most unrighteous Court, and must not be altered upon any termes. Moreover, whereas in all other Courts of justice every man ought to have all his charges together at first, in one Bill, Plaint, or Information, to which nothing can be added or inserted afterward, especially after appearance or answer given; yet in these vexations extravagant Courts of Ill-justice, you shall have additionall Articles, exhibited and propounded after the originall given out and answered, of purpose to vexe and insnare the parties, and to gaine the Register a double Fee for their answer, and sometimes additionals upon additionals, containing new matter or captious crosse interrogatories, to the end, you shall not escape Scot free, all which you must answer by vertue of your first Oath, before any coppy given you to advise with Councell: By meanes whereof and of some generall words (as Conventicles, Schismatickes, Sedition, non-conformity, and the like inserted into Articles) many ignorant, innocent people are intangled at unawares, and made guilty of that they are altogether guiltles, being quite deprived of the benefit of Law and Lawyers; who are cheifly necessary to direct p. 159them in their answers, which either acquit or condemne them for the most part. And as Doctor Barnes in his Supplication to King Henry the eight p. 183. writ of the Prelates Courts in those dayes; So by these insnaring trickes and devices, wee may say of the High-Commission and Bishops Consistories now: In the Bishops Court no man (especially no good man, that opposeth their tyranny and proceedings) can be found innocent. Is not this a marveilous Court, that they have, vvherein there vvas never any man accused of heresie or scisme, vvere bee learned or unlearned, but they found him gulty? Is not that a marveilous Court, that never hath innocents? What Court vvithin this Realme may say this againe? Now whether these practises and proceedings of our Prelates, both in their Consistories and High-Commission Courts, complained of longe agoe, in 2. H. 5. c. 3. in 7. Jacobi, and every Parliament since, as an intollerable greivance, be not the very extremity of oppression, tyranny, and injustice,**See a booke intituled A Petition to the Queens Majesty, p. 60. to 82 And In. Penry his appellations to the High-Court of Parliament, p. 42. to 47. Conference at Hampton Court p. 89. accordingly. as bad or vvorse, then any in the Spanish or Romish Inquisition, from vvhence they are derived, and more exorbitant, then any of our Popish Bishops proceedings heretofore against our Martyrs, recorded by Master Fox, let the indifferent and intelligent judge, yet our holy, just, and mercifull ghostly Fathers, who condemne the Presbyterians for not being mercifull as their heavenly Father is mercifull, not vvalking in love tovvards their brethren, not loving their enemies, and blessing those that curse them, (as Bishop White hath lately done, in his Epistle to the Archbishop of Canterbury, before his Doctrine of the Sabbath,) where hee shewes himselfe most uncharitable, and farre more guilty of this sin, then any of those hee censures for it, whom hee dismisseth with this Episcopall benediction, well be fitting his fatherly Candor, piety, and pitty, ABEANT IN MALAM CRƲCEM, such a blessing, as never from any Christians penne before,) justify, and defend these unchristian, I had allmost sayd Antichristian practises and proceedings, with blushlesse faces, though all men else are ashamed of them, exclaime, passe sentence against them; inflicting p. 160nothing but fines, imprisonments, execrations, excommunications, suspentions, deprivations, with the extreamity of all miseries (the weapons of their Christian warfare) upon al… who dare oppose them, or refuse to submit unto them, as if they gloryed in nothing more then in tyranny, oppression, inhumanity, injustice, the cheife props to support their usurped hierarchicall domineering power over the poore flocke o… Christ, which they thus miserable fleece, slaye, devoure, like so manymmHab. 1.8. Zeph. 3.3. Acts 20.29Hab 1:8Zeph 3:3Acts 20:29 ravening evening Wolves.

That the High-Commissioners can neither fine nor imprison.Sixtly, They fine, imprison, suspend, deprive, outlaw, exile, condemne, destroy his Majesties Subjects, and put them from their free-holds, callings, not onelyonly without, and besides, but directly against the Law (to wit, the Common Law, of the Land, upon Articles, Canons, Constitutions, Ceremonies of their owne making, (which are no **Ed. 1. the Statute of Biggany, c. 6 25. H 8. c. 14. 19. 21. 27. H. 8 c. 15. 1. Eli. c. 1. 2. 31. H. 8. c. 114. 34. H. 8. c. 1. 35 H. 8. c. 5. 1. & 2. Phil. & Mary, c 8. 32. H. 8. c. 38. 2. Ed. 6. c. 21. 36. E. 3. c. 8 2. H. 5. Sta…. 2. c. 2. Seldem Notae ad Eadmerum, p. 168. 169. Eadmerus Hist. Novorum, l. 1. p. 6. l. 3. p. 67. l. 4 p. 94. 95. Fox Acts and Monuments, f. 96.Law of the Land unles confirmed by Act of Parliament) and for matters no way criminall by any Law or Canon. To instance in some particulars, by what Law of the Land, I pray, was Master Peter Smart, a reverend Prebend and Minister of Durham, fined, imprisoned, and deprived, An. 1629. by the High-Commissioners of Yorke, both of his Prebendary and living onelyonly, for preaching against the setting up of Images, Altars, bowing to them, and placing them at the East end of the Church; directly contrary to the booke of Common Prayer, and the Homily against the Perill of Idolatry, confirmed by Act nn13. Eliz c. 12.of Parliament, to whichooCanon 36. all Ministers and Bishops subscribe? By what Law of the Land was Master George Huntly, not longe since fined, imprisoned, deprived of his living, and degraded of his Ministry, for refusing to preach a Visitation Sermon upon the Archdeacons warning, though hee were then sickly and unable t… p. 161preach, and sent xxs to him to procure another to preach for him; …ere being no Canon Law or Statute extant, enjoyning Mi…isters to preach at Visitations; butppLindewood lib. 1. De officio Archidiaconi, fol. 36. &c. many prescribing the …shops and Archdeacons, who visit to preach themselves in person. …y what Law of the Land was one Master Crowder, Vicar of Vell, neare None such about 6. yeares since, committed close …risoner to New-gate, 16. weekes together, by the now Arch…ishops of Canterbury and Yorke, under pretence of some …reasonable words, delivered in the Pulpit; (but in truth, be…ause hee preached conscionably twice a dayqqAmos, 7.12.13. neare the Court, …nd would not resigne his Vicaridge;) and after that deprived, …oth of his Vicaridge and Ministry in the High-Commission, without any Articles at all exhibited, or witnesses examined against him, or any proofe, confession or conviction of any …rime, under this pretext, that the matters against him were so foule, as they weare not fit to be Articled or prooved in Court against him, nor yet to be notified to himselfe, that hee might either defend or justify himselfe if innocent, or confesse …nd amend if peccarit? A proceeding so desperatly, trascendent…y injust, and yet most true, that no age, no Court of justice whatsoever can parralell it, in the most barbarous tyrannicall places or ages of the world? By what Law of the Land, I pray, was Master John Hayden, a poore Devonshire Minister, about 7. yeares since, for preaching a Sermon at Norwich, wherein hee let fall some passages against setting up of Images in Churches (contrary to the Homily of the perill of the Idolatry) and**A Ceremony not prescribed by the Common Prayer Booke, and therefore not to be used by any in time of divine Service, by the expresse statute of 1. Eliz. c. 2. which enacts, That no other Rite or Ceremony shall be used in time of divine Service or Sacraments; then those prescribed in the Booke of Common Prayer, under paine of imprisonment, and other penalties and forefaitures therein mentioned. A thing worthy observation. bowing at the name of Jesus, apprehended like a traytor, with Constables, Bills, Halberts, by Doctor Harsnet, then Bishop of Norwich, and brought manacled to him like a fellon; and for this offence onelyonly committed by him close prisoner to the Common-goale at Norwich for 13. weekes space or more; where hee was like to starve, the Bishop taking away p. 162from him both his money, papers, horse; and when the Iustices of peace at their quarter-sessions upon his petition would have bayld him; By what Law did the Bishop, to prevent his bayling, tell them, that hee would lay high-treason to his charge; and after that send him up to London by an High-Commission Pursevant, under whose custody hee was kept without bayle or mainprise for two whole Termes or more, till his cause came to hearing before the High-Commissioners in the Consistory of Pauls, onelyonly upon these two points? or by what Law did the High-Commissioners then & there censure him to be imprisoned, deprived of his Ministry, orders, and to pay a fine besides, meerely for preaching against Images, and this superstitious Ceremony? Or by what Law did the Commissioners**An. 1634 about the later end of the Somer vacation. since that time, imprison him in the Gatehouse Common Dungeon, and the now Archbishop of Canterbury send him from thence to Bride-well to be whipped, and there keepe him all the last extreame cold winter in a cold darke Dungeon, without fire or candle-light, chained to a post in the midst of a roome, with heavy Irons on his hands and feete, allowing him onelyonly bread and water, and a Pad of straw to lye on: and since upon his releafe, cause him to take an Oath, and give bond to preach no more, and to depart the Kingdome within 3. weekes or a moneths space, and not to returne; and all this onelyonly for preaching againe after his first unjust deprivation, though no exception was taken against his Doctrine?

A tyranny and barbarous cruelty transcending, at leastwise paralelling, the very worst of Boners and**See Consalvus De Inquisitione Hispanica. Spanish Inquisitors proceedings. By what Law of the Land was Master Hugh Peter, Lecturer of Sepulchers in London, deprived of his lecture, and committed close prisoner‡‡An. 1628 about 7. yeares since; for 6. weakes space together; (and Master Hierom another Minister too at that season) by the Commissioners, before any Articles exhibited against him: though some Noble men interceeded for him, and tendered to bayle him; and all for this capitall offence, that hee was a zealous powerfull preacher, and p. 163too much followed after by the people? By what Law of the Land was Master John Vicars of Stamford, first sent for by a Pursevant, and clapt up prisoner upon a Papists, and drunken Inkeepers bare accusation, for many weekes together, before any Articles exhibited against him; and afterwards when hee was let out upon bayle, enforced to give bond, not to goe 10. miles from London, nor yet to goe downe to Stamford, no not to examine and prepare his witnesses (which at first hee was denied,) and after this imprisoned, fined, and deprived of his living, upon meere frivilous allegations, disprooved by many sufficient witnesses, and prooved but by two or three dissolute and meane persons onelyonly; and yet those no crimes at all against any Statute, Canon, or Articles of our Church? By what Law of the Land was Butter the Bookeseller, committed to the Fleet, by the Archbishop of Canterbury (then of London) as an High-Commissioner, onelyonly for printing a passage against the Arminians, in Iustification of Bishop Hall, the Synod of Dort, and Doctrine of the Church of England, in a Letter of Doctor Davenates, then Bishop of Salisbury to Bishop Hall, the omission whereof would have mangled both the letter and sence, because Martine his Chaplaine (who licensed the letter for the Presse) to please the Arminians, and betray the truth, had given direction that this passage (the maine part and scope of the letter) should be left out? By what Law of the Land can the High-Commissioners proceed against Printers and Stationers; (yea and Authors too) for breach of a Decree of Starchamber, made for their better ordering, (a thing**So was it ruled in the C. B. 4. Caroli in Master Sparkes and Iones case, where a prohibition was granted. meerely Civill, not Ecclesiasticall, punishable onelyonly in that Court which made it, and untransferrible to any other, being no Act of Parliament, and binding none but such as are parties to it,) and thereupon burne their Letters, Bookes, Presses, yea fine, imprison, and put them from their trades, for printing, writing, and venting orthodoxe Bookes against Papists and Arminians, in defence of the Doctrine of the Church of England, as they have done in the case of Butter, Sparkes, Jones, and others of late p. 164yeares? By what Law of the Land did they convent Doctor Souge, Doctor Sibbs, Doctor Taylor, and Master Davenport, as notorious delinquents, onelyonly for setting their hands to a Certificate (upon intreaty testifying the distressed condition of some poore Ministers of the Palatinate, and furthering a private Contribution among charitable Christians for their releife, when publike Collections failed. By what Law of God, or of the Realme, did they lately send for the Major, Towne Clarke, and some Aldermen of Glocester, as grosse delinquents, onelyonly for granting a small anuity to their painefull and faithfull Minister, Master Workman, so longe as hee should continue among them, towards the better maintenance of himselfe and his Children, and cause them to revoke their grant? as if charity it selfe to distressed faithfull godly Ministers, were a notorious offence, as these uncharitable Prelates make it; who will neither suffer such Ministers to injoy their livings or Ministry; nor permit others to releife them, when themselves have stript them of both; and all their meanes besides, onelyonly for their diligence and profitablenes in their places. By what Law of the Land was Sir Giles Allington Knight, about 6. yeares since, fined no lesse then 10. thousand pounds by the High-Commissioners, and more over imprisoned and excommunicated, onelyonly for marrying his halfe sisters daughter by the fathers side with license, it being lawfull though not usuall, in the judgement of many Divines and Canonists, whose opinions hee had under their hands before the marriage, and clearely out of the words of the Leviticall Degrees, and so lawfull and dispunishable in point of Law, by the expresse Statutes of 32. H. 8. c. 38. yet in force, at leastwise not fineable and punishable in this maner? By what Law of the Land was‡‡An. 1634. the Major of Arundell, not long since, fined and censured by the Commission at Lambeth, onelyonly for doing justice according to his Oath, his duty, and the Law of the Land, in imprisoning a notorious drunken Clergy man, for his drunkennes, his misbehaviour, both in words and deeds to himselfe and the Constables (in affront of Iustice, and breaking of the peace,) and that but for one nights space, and the p. 165releasing him upon his submission, before hee needed, without any further punishment? (And all for sooth because hee was a Clergyman, whom our Prelates now strife to exempt from his Majesties Lawes and all temporall Jurisdiction, ppKeilwey fol. 181. 182. 183. 184. 185.for which they are in a Premunire.) And yet not censure, nor deprive the Clergyman for his beastly drunkennes and disorders, as hee deserved? Alas, what a strange age is this wherein wee live; that the very doing of justice, and the punishment of notorious malefactors, according to Law and Oath, must even by Prelates themselves be censured as a crime, and the malefactor justified and acquitted? What is this,qqEsay. 5.20.23.Isa 5:20Isa 5:23 but to call evill good, and good evill, to put darknes for light, and light for darknes; to put bitter for sweet, and sweet for bitter? to justifie the wicked for reward, and take away the righteousnes of the righteouse from him? By what Law of the Land have at least 20. Ministers beene questioned, fined, censured, imprisoned, and put by their livings of late, meerely for refusing to bow at the naming of Jesus, or for preach…ng against it? The Booke of Common prayer, and OTHER RITES AND CEREMONIES OF THE CHƲRCH OF ENGLAND, (wherein all rites and Ceremonies inforce, or by Law established in our Church are comprized) doth not so much as mention it; and many learned writers of our Church, asrrThe pooremans library Tom. 2. fol. 43. 44. 103. 104. Bishop Alley, ssExposition of the Catholike faith, p. 195. 196. 197.Bishop Babington, ttAnswer to William Reynolds, p. 398. 399.Doctor Whitaker, uuNotes on Phi. 2. Sect. 2.Doctor Fulke, xxSynopsis papismi Cont. 2. Error. 51.Doctor Willet, yyOn Phi. 2.9.10.11.Doctor Airay, and zzSee lame Giles, and another Discourse lately published against this Ceremony.others of late have written against it, as superstitious and Pop…sh, if not Idolatrous, andaaEcclesiasticall polity. l 5 S. 30. Master Richard Hooker, andbbAnswer to Cartwright. Archbishop Whitguift, confessed it, merely arbitrary, & that no man ought to be urged to it; yet the bare omission, or disallowing of this ceremony, is now a commōccSee Bishop Mountagues, Archbishop Lawdes, Bishop Wrens, Bishop Peerce and others Visitation Articles. Article p. 166in our Prelates Visitations Consistories, and Commission Courts, though no Law of the Land require it, muchlesse prescribe any penalty to such as refuse to use or preach against it? By what Law of the Land, have many Ministers and others beene prosecuted, sentenced, imprisoned, suspended, and put from their livings, onelyonly for preaching, writing in Defence of the Articles and Doctrine of the Church of England against Arminians and Papists? and yet not so much as one Minister or Writer questioned, censured, fined, or imprisoned by them for writing and preaching in defence of Popery and Arminianisme, against the Doctrine and Articles of the Church of England, as Bishop Mountagus, Bishop Wren, Master Cozens, Master Shelford, Chouney, Bishop White, Doctor Heylin, Doctor Pocklington, in their Bookes and Sermons, and**Bishop Mountagues late Sermon in defence of Altars, Contrary to his Majesties Declaration before the 39 Articles, and his Declaration about the Dissolution of the Parliament, p. 20. 21. 42. many others in their Sermons, at Court at Pauls, in both Universities, and elsewhere have lately done? By what Law of the Land have many of the best and painefullest Ministers, beene now of late suspended, silenced, excommunicated, and put from their livings onelyonly, for refusing out of conscience to read the late Declaration for sports in their Churches, in time of Divine Service as his Majesties, though it came not to them under his Seale; though there be no Law, Canon, nor any one sillable in the Declaration, prescribing it to be read in Churches, or that Ministers should read or publish it; yea no penalty threatned to any that refuse to read it, and no Authority given to Bishops, or others to question or punish such who refuse to read it? And when as Doctor John White himselfe, in his way to the true Church, 5. times printed by Authority, and justified, and defended by Doctor Francis White, now Bishop of Ely, **Sect. 38. n. 1. p. 111. Digress. 46. Sect. 43 n. 6 p. 165. 166severely censures Papists for prophaning the Sabbath, by Greenes, Ales, Dauncing, and other heathenish customes; branding this Position of Cardinall Tolet, justified by the Declaration; Th… it is lawfull on the Sabbath-day to follow suites, travell, hu… DAƲNCE, and such like; as a point of Popish Religion, which directly tends to the maintenance of open sinne and liberty of life; that a Doctrine of the Papists, which not onelyonly infers, but expresly p. 167allowes most palpable wickednes, directly tending to the desolation of publike governement, and private honesty; which hath made the Papists the most notorious Sabbath-breakers that live: And so altogether unfit both in point of conscience, piety, and policy, to be published by any Protestant Minister in the Church and presence of God himselfe, to damne both their owne and their peoples soules; and much more unfit for any Bishops to urge so farre as to silence, suspend, and excommunicate Ministers, for not reading it out of conscience, as many Bishops have done to their eternall infamy, and yet proceed to doe, as if they were the very Devils Bishops, rather then Gods; and Atheists rather then Christians, Papists rather then Protestants, as some feare they are. By what Law of the Land was Master Chaunsie, a reverend learned Minister, very lately suspended, fined, imprisoned, untill hee should make his submission; onelyonly for opposing the railing in of the Communion Table at ware (for which there is neither Law nor Canon) before any order under Seale given for that purpose? By what Law of the Land were the Churchwardens of Ipswitch and Beckington, newly excommunicated, and threatned the High-Commission, for refusing to remoove their Communion-Tables out of the body of the Church or Chancell, where they stood ever since the beginning of reformation, and to place them Altar-wise at the East end of the Church, and there to rayle them in close prisoners against the wall; contrary to the veryddBefore the communion. Rubricke of the Common Prayer booke, toeeThe latter end. Queene Elizabeths Injunctions, the practise of the Primitive, and all Protestant Churches, as ffThe Reply to Harding, Artic. 3. Divis. 26. p. 145. 146 his answer to Hardings preface: And Art. 13. Divis. 6. p. 362.Bishop Jewell prooves at large out of Eusebius, Augustine, the Acts of the 5. Councell of Constantinople, Durandus, Gentianus Zervettus, the moderne Greeke Church and others; and the constant usage of the Church of England ever since reformation; yea contrary to the expresse words of the Bishops owne Canons 1603. Canon 82. all which prescribe, that the Table at the Celebration of the Communion (at least if not at other times) shall stand or then be placed in the **So Master Bucer would have it placed, in his Censure of the Booke of Common Prayer, in his Scripta Anglicana, p. 457. and Doctor Willet to, in his Synopsis Papismi. The 9 generall controversie, qu. 6. Error. 51 and Dr. Raynolds, in his Cōference with Hart. c. 8. Divis. 4 and Bishop Farrar. Fox Acts and Monuments, p. 1404. 1406. and Doctor Fulke on Hebr. 13. Sect. 6.Heb 13body of the Church or Chancell, in so good sort as there p. 168by the Minister may be more conveniently heard of the Communicants in his prayer and administration (which hee cannot be at the upper end of the Chancell, being most remote from the people, where the Masse priests used to consecrate in a low dumbe voice) and the Communicants also more conveniently, and in more number may communicate, with the said Minister, who is injoyed to stand at the North-side (not end) of the Table, which must therefore stand Table not Altar-wise, as these our Popish Innovators would place it; who teaching menggGiles Widdowes Scismaticall puritaine, p. 89 Mr. Shelford in his 1. treatise p. 2. and Edmund Reeves in his Exposition of the Catechisme in the Common prayer booke. to bow to Communion-Tables and Altars, because they are the place of Christs especially presence, and pleading so much for their Quires, (which they now Jewishly stile their hhThus they called it in the High-Commission in the case of Master Chaunsie, & Master Ward.Sanctum Sanctorum, and make more holy then the other parts of their Church,) should for these very grounds and reasons place their Communion-Tables and Altars (as they will have them called) in the midst, not at the East-end of their Quires, because Christ hath promised,iiMatth. 18.20.Matt 18:20 that were two or three are gathered together in his name, there hee will be, and is in the midst (not at the East-end or one side) of them, because God is said kkPsal. 46.5. & 46.9. Ier. 14 9. 1. Kings 3.8. Hosea. 11.9. Ioel. 2.27. Zeph. 3.5.15.17. Rev 1.13. & 2.1. & 5.6.Ps 46:5Ps 46:9Jer 14:91 Kgs 3:8Hos 11:9Joel 2:27Zeph 3:5Zeph 3:15Zeph 3:17Rev 1:13Rev 2:1Rev 5:6to be in the midst of his people and holy Temple (not at the East-end, where no seats, no people must be suffered) forllA reason oft used by the Bishops in the High-Commission and elsewhere, and by Shelford, and Reeves in their late idle bookes. feare of sitting above Christ, and taking the wall of God Almighty, fine frierlike, ridiculous reasons, fitter for Schoole-boyes then Prelates, or grave Divines, and because the Quire or Sanctum Sanctorum (asmmOriginum l. 6. c. 19. Isidor Hispalensis, Rabanus Maurus, with ooServius in Virgili. l. 6. c. 8. Calepine, Holioke and others, Tit. Chorus.others testifie, hath its very name from the scituation of the Altar, in the midst of it, and the Preists and people standing round p. 169about it: Chorus (say they) est multitudo in sacris Collectus, & dictus Chorus quod injicio in modum Coronae CIRCA (not juxta) ARAS starent, (therefore certainly they stood in the midst of the quire, not at the East-end against the Wall,) Et ita psallerent; which is further evident by these ancient verses of Virgill:

ppAeneid. l. 4Instaurat{que} CHOROS misti{que} ALTARIA CIRCVM,

Cretes{que} driopes{que}, fremunt, picti{que} Agathirsi,

qqAeneid. l. 8Tum Salij ad cautos, incensa Altaria CIRCVM,

Populeis adsunt evincti temporaramis,

Hic Juvenum Chorus, ille Senum, qui carmine laudes,

Herculeas & facta ferunt, &c.

Omnibus in templis matrum Chorus omnibus ARAE.

AndrrGenialium dierum, l. 4. c. 17. fol. 126. by Alexander ab Alexandro, who assures us, that those who sacrificed to the Gods, weare accustomed to sing praises …ito them, pedibusque circum Aras psallere ad mu…erum, and to daunce round about their Altars singing; and that it was observed, that the sacrificers Aras circum-curre…ent, would runne **See Athenaeus depu. l. 13. c. 1. Plutarchi Lucruita Instituta, and Xenophon Lacedaem. Respublica. Psal. 26.6. Ezech. 6.4.5. Levit. 1.14.15.16.12. Chron. 5.12. accordingly.Ps 26:6Ezek 6:4Ezek 6:5Lev 1:14Lev 1:15Lev 1:16Lev 1:12round about the Altars, beginning their Course from the left hand to the right, which they esteemed more religious, and afterwards from the right hand to the left: All which …s seconded and confirmed by Strabo Geogr. l. 10. and by Plato, Legum Dialog. 7. HencessHistor. l. 10. c. 4. Eusebius writes, that the Altar both in the ancient Temple of the Jewes, and in his dayes, was placed in the midst of the Quire; not at the East-end; andttDe Verbis Dom. secundum Ioan. Sermon. 42. See Chrys. Hom. 1. in Isay. 6.1. and Nazianzen. Orat. 21. …. 399. accodingly.Isa 6:1 Sant Augustine after him, Christ feeedeth us dayly, Mensa ipsius est …lla in medio constituta: This is his Table here set in the midst; and hence it is recorded in the 1. Action of the 5. Councell p. 170of Constantinople, that when the Chapter was reading: currit omnes multitudo cum magno silentio circum circa Al…are & audiebant; all the people with great silence drew neare round about the Altar, and gave eare. From which authorities and sundry others, asuuAnswer to Hardings preface, Reply to Harding. Art. 3. Divis. 26. p. 145. 146 Bishop Jewell, xxNotes on Exod. c. 20. & 27. p. 279. 397.Exod 20B…shop Babington, Docto… Farrar, Doctor Fulke, Doctor Raynoldes, yyWalafridus Strabo, De rebus Ecclesiasticis, c. 4. 19. p. 954. 955. Doctor Willet Synopsis Papismi, Cent. 2. Er. 35. p. 496.with others, and ourzzRubricke before the Communiō. Common prayer Booke, aaCanon 82.Canons and bbQ. Eliz. Injunction neare the end.Injunctions prescribe and conclude, that the Communion-Table ought to stand in the midst of the Church or Quire; where our Novellors must now place their Altars, or Lords Tables, else they will overthrow their Quires, and Sanctum Sanctorums, which they so much contend, for which had their very names, Originals, and essence, even from the scituation of the Altar in the midst of them.

By what Law of the Land have Master John Cloberry, Master Brooke, Master Stanely, and many others beene imprisoned, if not fined by our Prelates, in matters of Allemony, for refusing to humour and maintaine their disobedient undutifull domineering, if not whorish wives, departing away from them, either upon small occasions, or without any just cause at all, contrary to all Law? A greivance, against ‡‡Esther. 1.12. to the end. Ephes. 5.22.23.24.Esth 1:12Eph 5:22Eph 5:23Eph 5:24Scripture, so by name complained of in Parliamnt, 7. Jacobi, and other Parliaments since, and for which Prohibitions have usually beene granted, till now of late. By what Law of the Land have many of late, for refusing to **Bp. Hooper in his 6. Sermon on Ionah preached before and dedicated to King Edward the 6. Thomas Becon in his Comparison betweene the Lords Supper and the Popes Masse, f. 102. 103. vol. 3. and in his Catechisme, fol. 484. 485. dedicated to all the Bishops of England, and printed Cum privilegio, condemne this gesture of kneelings, as contrary to Christs Institution, and tending to superstition and Idolatry, and wish it were taken away. The Dialogue betweene Custome and verity. Fox Acts and Monuments, p. 1264. and divers of our learned and authorized writers have beene of the same judgement: why then the not using of it, out of conscience, should be such a crime as now it is made, I see no …eason.kneele at the Sacrament; and others onelyonly for administring p. 171the Sacrament to such as kneele not, beene imprisoned, fined, suspended, and put from their livings, by the High-Commissioners, who have no conusans of these causes, nor of any offences against the Statute of 1. Eliz. c. 2. which Statute being made the same Parliament, with that which erects the High-Commission, particularly, and precisely limiting, what penalty every transgressor of it, shall suffer, who is made a delinquent by it alone; and expresly defining, that the Justices of Oyer and Terminer, or of Assise, and the Majors and Baliefes of every cheife Towne, shall inquire, heare, and determine all and all maner of offences that shall be committed, contrary to any Article of that Act, with such temporall and corporall penalties onelyonly as therein are prescribed; and that no person or persons shall at any time hereafter be impeached, or otherwise molested, of or for any the offences therein mentioned, unlesse hee or they so offending, be there of indicted at the next Generall Sessions, holden before the Justices of Oyer and Determiner of Assise; And then authorizing all Archbishops, Bishops, Archdeacons, with their Chauncellors, Commissaries, Officials, and other Ordinaries, having peculiars to inquire in their Visitations, Synods, and elsewhere, within their Jurisdiction of all offences against that Act, and to punish the same by admonition, excommunication, Sequestration, Deprivation, and other Ecclesiasticall Censures, onelyonly according to the Queenes Ecclesiasticall Lawes; and providing that hee who is punished by the Ordinary, by Ecclesiasticall Censures shall not be convicted for the same offence before the Justices, and punished with temporall penalties and so è converso; And giving the Ecclesiasticall Commissioners no power at all to punish any offence against this Act, though it names them in the last proviso upon another occasion; how the High-Commissioners can lawfully question, fine, imprison, suspend, or punish any Ministers or Laymen (as they dayly doe) for offences against this Law, of which they are excluded the Conusans, and that one, two, three, foure or 5. yeares after the offence committed: or how they can inflict both emporall and Ecclesiasticall Censures at once for the same p. 172offences, or impose greater or other fines, or penalties, on delinquents then this Statute limits, I cannot possibly discerne, neither could any man as yet informe me. True it is that**But not kneeling in the Act of receiving, is no offence in the people, without other circumstances against any clause of this Act, and so not punishable by it, especially where it is done out of conscience, not out of contempt, or scisme. offences against this Act, are fit to be duly punished, yet onelyonly in such maner and forme, and by such Iudges, such persons, as the Law it selfe prescribes. But that the High-Commissioners should punish them, and that in such maner, as themselves thinke meet at what time soever they please, is neither reasonable nor agreeable to this Law of the Land. Moreover, what Law of the Land, authorizeth our Bishops and Ordinaries, in their Visitations and Consistories, to excommunicate, or the High-Commissions to punish and imprison his Majesties Subjects, who resort to divine Service, and Sermons, and are no heretickes nor Anabaptists from, but conformable members of our Church, onelyonly for repeating their Ministers Sermons with their families, freinds, and neighbours, or for reading Chapters, singing of Psalmes, (and sometimes upon occasion for praying & keeping private Fasts together,) after they have been at Church on Lords-dayes, holy dayes, or Lecture-dayes, under pretence forsooth, that these their Christian meetings for these private commendable exercises of Religion ccMal. 3.16. Heb. 10.24 25. Col. 3.16. Eph. 5.19.20. Acts 2.1.44.46.47. c. 12.5.12. c. 20.20.… Matth. 13.10. to 53. Deut. 6.6.7.8.9. Tertullian. Apologia advers. gentes. Chrysostome hom. 2.3.4.10.29. in Gen. hom. 5.78. in Matth. hom. 2. in Iohan. Cesarius Arelatensis. hom. 20. Bishop Iewell Defence of the Apologie, part. 5. c. 3. Divi. 4. p. 449.Mal 3:16Heb 10:24Col 3:16Eph 5:19Eph 5:20Acts 2:1Acts 2:44Acts 2:46Acts 2:47Matt 13:10–53Deut 6:6Deut 6:7Deut 6:8Deut 6:9(approoved and practised by Christians in all ages) are unlawfull Conventicles, and these conformable persons, Conventiclers? which yet dd35. Eliz. c. 1. Iustinian. Codicis, li. 1. De Episcopis & Clerici, lex. 15. f. 13. & De Summa Trinitate. lex. 2. Canons. 1603. Can. 11.12.73.none can be in Law or truth, but heretiques, or Anabaptists, severing themselves from our publike Congregations, and erecting a new forme of Discipline and Service of God in private corners, different from that of our present Church. Certainly there is no Law of the Land, nay no Canon of the Church, by which our Prelates or Commissioners can judge these private Christian meetings and exercises, Conventicles, or punish these conformable members of our Church, who out of Conscience, p. 173and piety use them, as Conventiclers, much lesse can they produce any Scripture, Divinity, religion, good reason, or ancient Presidenrs for it. What Law of the Land authorizeth Bishops to be both informers, accusers, witnesses, and Judges, and that in their owne cases; contrary to the statute of eeChap. 29 See Fox Act and Monuments, p. 1054. 1320. 1769.Magna Charta, requiting, that men shall be judged by the lawfull Judgement of their Peeres, that is, by lawfull and indifferent Judges, not such as are our parties, prosecutors, or enemies, contrary to theff9. H. 6. 10. 7. H. 6. 13. a. 11. H. 4. 8. Bro. Leet. 13. Littlet. Sect. 212. Cookes institutes, ibid. Common and gg18. E. 3. Stat. 3. the Oath of the Iudges.Statute Law, yea hhLittleton, Sect. 212. 1. E. 3. 13. a. 23. a. 5. E. 3. 8. 8. E. 3. 2. 22. E. 3. E. 3. 94. 95. 30. E. 3. 13. a. 38. E. 2. 16. 5. H. 7. 9 a.all common sence and reason, & the very**Nec ullus unquam presumat accusator simul esse, & Index vel testis, quoniam in omni judicio quatuor personas necesse est semper …lesse, id est, Iudices Electos, & accusatores, ac defensores atque testes. Fabiani Papae Decreta, Epist. 2. Surius Concil. Tom. 1. p. 214. which overthrowes all Ex officio Oathes and proceedings. Canon Law? yet such are they in their officio proceedings, and Commissions for the most part, where they are both prosecutors, accusers, witnesses and Iudges, and that in their owne cases. I might runne through infinite other particulars, for which the High-Commissioners dayly fine and imprison his Majesties Subjects, and thrust many Godly Ministers both from their livings, lectures and ministry; If I should demand of them, by what Law of the Land they doe it? or what Law or Canon makes those very things, for which they are censured, criminall offences? it would put them to A non-plus, and upon diligent inquiry made after such Lawes or Canons, they must returne, either an Ignoramus, or Non est inventus. For example, what Law of the Land, what Canon or Article of our Church, makes the bare affirmation? That Bishops and Ministers are one and the same in office and Authority Iure Divino, and that the difference in Jurisdiction, power, and superiority, now betweene them is by the grant and favour of Princes onelyonly (the iiSee Gersonius Bucerus Dissertatio de Gubernatione Eccles. The Petition to Queene Elizabeth, Doctor Bastwicke, De Iure Episcopali and others, who have written in that subject.professed Doctrine of the Fathers, of all forraigne Protestant Churches, writers of our owne Church and Authors, and the expresse resolution of the Statutes of 25. H. 8. c. 19. 26. H. 8. c. 1. 37. H. 8. c. 17. 1. E. 6. c. 2. p. 1741. Eliz. c. 1. and 8. Eliz. c. 1.) either an error or an offence; yet Doctor Bastwicke for this orthodoxe Doctrine (confessed to be an undoubted truth bykkp. 383. Against Carthw. Archbishop Whitguift llOf the Princes Supremacy, p. 259 926. Anselmus Cantuariensit in 1 Tim. 3. Tit. 1.5. 7 Phil. 1.11 Richardus Armachanus l. 11. De Quest. Arm. c. 1 to 7.1 Tim 3Titus 1:5Titus 1:7Phil 1:11Bishop Bridges, and allmmBp. Iewell Defence of the Apolog. part. 2. c. 3. Divis. 5. p. 99. 100. &c. p. 102. Bp. Hooper on the 8. Commandement, Bishop Latimer in his Sermon of the Plough, Bishop Alley his pooremans Library, part. 1. f 95. 96. all the Bps. and Cleargy of England in their institution of a Christian man, dedicated to King Henry the 8. An. 1537. c. of Orders. Wicklif. Dialog. l. 4. c. 15. 16. 26. Mr. Nowels Reproofe of Dormam. f. 45. 46. other our Bishops in their writings against the Popes supremacy, and urged by them and all other Protestant writers whatsoever of that subject, as a principall unanswerable argument against the Popes pretended Soveraignty over all other Bishops and Ministers by divine institution (though our Prelates, in the Controversies betweene them and the Puritans, as they call them playing the turne coates, directly denie it, and brand it as an Arian heresie, because it utterly overthrows their Episcopall Superintendency, and domineering Lordship over their fellow Ministers) brought in onelyonly by way of Argument, in a Latine Booke, printed beyond the Seas, in defence of the Kings Prerogative Royall, and other Ministers and Bishops liberties against the Popes and Italian Prelates usurpations, without any the least relation to our Bishops, who are not so much as named nor intimated therein, must be excommunicated, imprisoned, fined no lesse then one thousand (and by the now Archbishop of Canterbury two thousand pounds) to his Majesty, and debarred, his practise of Phisicke. (So dangerous an offence is it now for any man to shew himselfe a true loyall Subject to his Majesty, in defending his Crowne and dignity, against the Popes & Prelates incroachments, according to their Oath of Supremacy and allegiance prescribed by the selfe same statute, which erects the High-Commission) and the Bishops themselves, contrary to all Law and justice, even in this case which immediately concerned themselves alone, must be both his accusers and Iudges, and passe this doome upon him though his professed enemies, what Law, p. 175or Canon is there that makes preaching against nnSee Master Stubbs his anatomy of abuses and his alarum to England. Master Iohn Northbrooke in his Treatise against playes and enterludes, dauncing, and other vaine and idle Pastimes, and Humphry Roberts his complaint for reformation, of divers abuses and prophanations on the Sabbath-day.Maygames, May-poles, mixt and lascivious dauncing (especially on the Lords-day) cringing to Altars, turning Communion-Tables into Altars, or placing and rayling them in Altarwise at the East-End of the Church, or preaching that the Sacraments and preaching ought to goe hand in hand, the one being in manner dumbe without the other; that Bishops and Ministers in the primitive Church were usually elected by the whole Cleargy and people ooSee Catalog testium veritatis, 1562. Appendix, p. 33. to 56 and Gersonius Bucerus De Gubernat. Eccles. and Fex Acts and Monuments, p. 1109.(a truth most cleare and undeniable,) that a wounded conscience is such a tender thing, that it connot beare the waight of 3. Steeples on it; that Christians ought to avoyd ill Company as dangerous, since Peter being in the company of the High-Preists Servants denied his Master, and the like, neither crimes nor errors? yet Master Workman, Master Ward, Master Wilson, Master Brodet, and other Ministers have beene lately fined, censured, deprived, or suspended for these capitall, exorbitant offences, and put by their Ministry: In a word, there is scarce one fine, or sentence given in the High-Commission; but is directly contrary to Magna Charta, the Law of the Land, and all the forecited statutes.

To make this undeniable, it is and must be confessed on all hands.

1. First, ppArtic. Cler. c. 1. 2. 3. 4. 5. 5 R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 23. H. 8. c. 9. 25. H. 8. c. 14. 31. H. 8. c. 14. 34. H. 8. c. 1. 1. H. 7. c. 4. Lindewood lib. 3. De poenis fol. 231. 232 and the writs, De excommunicato capiendo, and Apostata capiendo, resolve as much.That no Ecclesiasticall Judge, or person could by the Common Law of the Realme, either fine, or imprison any man for any Ecclesiasticall offence or breach of any Canons, which being Ecclesiasticall, can prescribe no temporall, but onelyonly Ecclesiasticall punishments and censures?

2. Secondly, That no qq5. R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 1. H. 7. c. 4.man can be fined, or imprisoned in p. 176any case whatsoever of Ecclesiasticall Conusans, by any Ecclesiasticall Judge, unlesse some Act of Parliament, give that Judge particular power to fine and imprison in those particular cases.

3. Thirdly, That the power of sining and imprisonment, given to Ecclesiasticall Judges, in one particular case or two onelyonly, cannot be extended by equity to any other rrPlowden, f. 17. 86. 124. 19. H. 6. 47. Brooke Treason, 8. 12. 21. H. 7. 21.all penall Statutes, being ever to be taken strictly for the Subjects liberty and ease.

4. Fourthly, That the Statute of 1. Elizabeth c. 1. by restoring and uniting the ancient Ecclesiasticall Jurisdiction to the Crowne, and giving the King power to delegate it over by his Letters Patents to Commissioners to execute it, did neither alter nor intent to alter either the nature or punishment, of Ecclesiasticall offences, so as to make them temporall and punishable by fine and imprisonment (which are truly and meerely temporall and not Ecclesiasticall Censures,**That the Statute of 1. Eliz. c. 1. gives the … High-Commissioners no power to sine or imprison. but left them Ecclesiasticall to be proceeded against, by Ecclesiasticall processe and censures onelyonly, as before the making of that Act, not by fine and imprisonment, which I shall make cleare by these ensuing reasons.

1. First, Because the Statutett26. H. 8. c. 1. 1. Eliz. c. 1. 8. Eliz. c. 1. unites to the Crowne onelyonly, such Jurisdictions, Priviledges, Superiorities, and Preheminences, Spirituall and Ecclesiasticall, as by any Spirituall and Ecclesiasticall power or authority had heretofore beene, or might lawfully be exercised, or used for the Visitation of the Ecclesiasticall State, and persons, and for the reformation, Order, and correction of the same, &c. So that nothing but bare Ecclesiasticall power in cases meerely Ecclesiasticall, and such as had beene before that time lawfully exercised, and used by Ecclesiasticall power and persons, is united to the Crowne in such maner and forme onelyonly as Ecclesiastical persons used it. This meere Ecclesiasticall power thus united the Statute, authorizeth the Queene and her Successors to delegate by Letters Patents to such naturall borne Subjects, who shall exercise, use and execute under them all maner of Jurisdictions, p. 177Priviledges or Preheminences touching or concerning any Ecclesiasticall (not temporall) Jurisdiction, and shall visit, reforme, correct, &c. all such Errors so as by any maner spirituall or Ecclesiasticall power, (not temporall) authority or Jurisdiction can or may be lawfully reformed, &c. And that after the said Letters Patents to them made and delivered. Then they shall have full power &c. to exercise, use and execute all the premises, (that is, all maner of Jurisdictions, priviledges, and preheminences, spirituall and Ecclesiasticall) according to the tenor and effect of the said Letters Patents, that is, for such and so long time, for such and such precincts, at such convenient seasons and places, and for such offences, Errors and misdemeanours, as shall be conteined in the Letters Patents; And that according to the Ecclesiasticall Law and maner of proceedings and Censures, (as is cleare by the precedent words) not in such an arbitrary course of violent and unjust proceedings by Pursevants, attachments, fines, imprisonments, and the like, as the Prelates by their policy, power and flattery, shall at any time procure to be inserted into their Commission, as they now most absurdly interprete it; for that weare not to delegate or exercise an Ecclesiasticall, but a meere temporall Jurisdiction, never lawfully exercised before by any Ecclesiasticall power or authority. And if the King should insert into his Patents, that the Commissioners might at their discretions censure men to be banished, whipped, pillored, branded, dismembered, burned, executed, or t…at they should forfeit their lands or goods for Ecclesiasticall offences, (which hee may as lawfully doe, as that t…ey shall be fined, or imprisoned,) these proceedings should be thought lawfull, and warranted by this last clause: (According to the tenor and effect of the said Letters Patents,) which no man in his right sences dare affirme.

2. Secondly, There is not one sillable in all this clause, concerning the Delegation of the Kings Ecclesiasticall power, touching, fining, imprisoning, or inflicting any other temporall p. 178punishments upon the Subjects for Ecclesiasticall offences▪ Therefore doubtlesse no intendement of the Law-makers, that they should be punished in this maner; who would have declared as much in expresse words, at least, had they intended any such proceedings, neither shall the liberty of the Subjects, persons, or goods, against imprisonment and illegall fines, ratified by Magna Charta, and the fore-named Statutes, in expresse termes be taken away by this Statute, onelyonly by strained inferences and intendements, without any expresse words at all.

3. Thirdly, This very Act before this clause, repeales the bloody Law of 2. H. 4. c. 15. revived by Queene Mary; authorizing ordinaries and others to imprison, fine, and proceed against men Ex officio, by selfe accusing, Oathes and captious ensnaring Articles and interrogatories to entrap them. (So the Statute of 25. H. 8. c. 14. brands them,) of that, which they called and deemed heresie, and false Doctrine, as an unjust, bloody and tyrannicall Law, (so Master uuActs and Monuments p. 481. 482 539. 997. 956. 957. 960.Fox, oftentimes stiles it,) upon which all the Martyrs in martyrs dayes were butchered by the Prelates: Therefore certainly it would never revive the same proceedings, oathes and censures by implication onelyonly, which i… expresly repealed in the former branch.

4. Fourthly, It cannot possibly be intended, that this Parliament in the first yeare of Queene Elizabeth, so soone after the Marian persecution, should in the very first Act they made, increase the penalties of Ecclesiasticall offences, and make them more penall to the Subjects then for mercy they were, i… Queene Maries dayes, by making them liable to Ecclesiastica… and temporall Censures, both at once, when as before all o… them, (except what they made and interpreted to be heresie and scisme,) were onelyonly punished with Ecclesiasticall Censures, and to give the Prelates and every Ecclesiasticall Commissione… more power over the Subjects then ever the Pope; (whose authority they abolished by this Act) did formerly exercise and injoy… p. 179For this had beene nothing else, but to shake of a lighter yoke of bondage from the subjects necks, to put on an heavier; to erect a new Starchamber for Ecclesiasticall offences; to set up many Popes whilest they banished one, and to punish one offence twice, by inflicting at one and the selfe time in the same Court, both temporall and spirituall Censures. Therefore questionlesse these Ecclesiasticall errors and offences, were not intended by them to be punished by fine or imprisonment.

5. Fiftly, It cannot be imagined, that the Parliament would give such unlimited power to the Queene and every of her Commissioners and Prelates, as the greatest Courts of the Kingdome never before injoyed, no not the Parliament it selfe: The Queenes highest temporall Courts of Iustice, could but fine and imprison men for those offences which are not capitall, but not excommunicate, degrade or punish them with temporall and Ecclesiasticall Censures both at once, for one and the same temporall, or any Ecclesiasticall crime: her Ecclesiasticall Courts, could onelyonly inflict Ecclesiasticall censures on her Subjects before this Act, for spirituall offences, but not fine and imprison them to. And would the Parliament (thinke you) then give so much power to every Commissioner by this Act, as to imprison, fine, excommunicate, deprive, degrade, and in some cases also to adjudge to death, or exile, any of her Subjects for Ecclesiasticall misdemeanors onelyonly? This verily had beene a strange oversight, rashnes, and such a vasalage, as no wise men whatsoever would pull upon their heads: therefore it cannot be presumed of here, what ever our Prelates and their favourers pretend.

6. Sixthly, This very Act distinguished Ecclesiasticall Jurisdiction, Judges, causes, offences, proceedings and punishments from temporall, and temporall from Ecclesiasticall, both in the precedent and subsequent clauses, as things alwayes distinct xxSee Petrus Bertrandus, Eduensis Episcopus, De origine & usu Iurisdictionum, and Henry Lord Stafford of the true difference betweene regall and Ecclesiasticall power, King Edgers Orat. Fox Acts & Monuments p. 153. Soldeni ad Eadmerum, Notae 26. H. 8. c. 1. Cooke 5. Report. Cawdries case, Sir Iohn Davis his Irish Reports the case of Premunire.and severed, in respect of their matter, maner, forme, execution, and p. 180never confounded together: It cannot therefore be conjectured that it would unite and confound them both together, in our Prelates and Ecclesiasticall Commissioners in correcting Ecclesiasticall offences by temporall and Ecclesiasticall processe, censures, and proceedings both at once?