Of the Prelates Intolerable Usurpations, Part (2 of 4)

Of the Prelates Intolerable Usurpations · Part (2 of 4)

p. 1807. Seaventhly, This Statute gives the Queene and her Successors the selfesame Jurisdiction, power and authority, as the Statute of 26. H. 8. c. 1. did to King Henry the 8. and his Commissioners; But King Henry and his Visitators, his Commissioners proceeded onelyonly by Ecclesiasticall Censures against delinquents, not by temporall, as is cleare by the very words of 37. H. 8. c. 17. Therefore the Queenes and her Successors by vertue of this Statute ought to doe so now.

8. Eightly, The Statutes of 13. Eliz. c. 12. & 3. Jacobi, c. 4. 5. expresly rancke the Commissioners in causes Ecclesiasticall in equipage with Archbishops, Bishops, and other Ecclesiasticall Judges, providing, that they may inflict Ecclesiasticall Censures, according to the Ecclesiasticall Law upon Ministers, who offend against the 39. Articles and recustomes to, notwitthstanding temporall Censures and penalties to be inflicted on them by temporall Judges and Justices; putting the Ecclesiasticall Commissioners in opposition to temporall Judges, and confining them expresly to Ecclesiasticall Censures; not one Statute so much as intimating that they can fine, imprison, or inflict any other temporall Censures, nor giving them power so to doe. These Acts therefore, compared with the severall Statutes of 37. H. 8. c. 17. 1. Ed. 6. c. 2. 2. & 3. Edw. 6. c. 1. 13. 19. 23. 3. & 4. Edw. 6. c. 10. 11. 5. & 6. E. 6. c. 1. 2. 3. 4. 1. M. Sess. 2. c. 2. 3. 1. & 2. P. & M. c. 6. 8. 1. Eliz. c. 2. 5. Eliz. c. 1. 23. 8. Eliz. c. 1. 13. Eliz. c. 8. 18. Eliz. c. 10. 23. Eliz. c. 1. 31. Eliz. c. 6. 4. Jacobi. c. 5. 1. Car. c. 1. 3. Car. c. 1. which expresly distinguish betweene temporall and Ecclesiasticall Censures and Iurisdictions; appropriating the first, onelyonly to temporall Iudges and Magistrates, p. 181the other to Ecclesiasticall, are a direct resolution, that the High-Commissioners and spirituall Iudges, can neither fine, nor imprison his Majesties Subjects for Ecclesiasticall offences, by vertue of the Statute of 1. Eliz. c. 1. but onelyonly proceed by Ecclesiasticall Processe and Censures of the Church; and that this Act leaves all Ecclesiasticall offences and proceedings, as it found them without any alteration.

9. Ninthly, The Statute of Magna Charta c. 20. and others forecited, expresly resolve, that no man shall be imprisoned, sined, outlawed, destroyed, or outed of his freehold, goods, and chatles, but by the Law of the Land. The**See Marsilius Patavinus, Defensoris pacis, pars 2. c. 15 16. 17. &c. that Bishops have no coercive power to fine, or imprison, excellently prooved, and Wicklif. Dialog. l. 4. c. 15. 16. &c. that they ought not to have persons to imprison any man, & Fox, p. 499. Law of the Land therefore being that Ecclesiasticall Iudges and Commissioners can fine or imprison, no free man for Ecclesiasticall offences, contempts, or breach of Ecclesiasticall Constitutions, Canons, Ceremonies, Orders, Injunctions, unlesse some Act of Parliament in expresse termes prescribes, and gives them such power. This Satute of 1. Eliz. c. 1. which speakes not one sillable, that Ecclesiasticall Commissioners shall fine, or imprison any man for Ecclesiasticall misdemeanors, not punishable by fine or imprisonment before this Act, shall not by a meere wrested inferrence and implication, be interpreted or strained so farre, as to give them such a power, in opposition to Magna Charta, and all the former positive Lawes; The rather.‡‡Brooke Commissions 3. 15. 16. 42. Ass. 12. 5. 38. Ass. 32. Imprisonment Br. 100. 8. E. 4. 14. 6. E. 4. 9. 39. E. 3. 7. 1. H. 7. 4. Fitz. Monstrance De Faites 132. 2. H. 5. 5. 6. Dier. 475. Cook 7. Report. fol. 20. and 8. f. 117. to 121. and C. 11. f. 52. and Tr. 3. Caroli. B. Rex. The case of the Towne of Boston are expresly resolved, that no Corporation or company can prescribe or make By-Lawes, to imprison any man, because it is contrary to Magna Charta; and that Commissions, to arrest or imprison men, are voyd in Law, because no man ought to be arrested, but upon Inditement, suite of the party, or other due processe of Law.

p. 18210. Tenthly, All Ecclesiasticall proceedings and Censures whatsoever in criminall causes are onelyonly, pro Salute animae & reformatione morum, as is resolved, C. 5. C. Report. f. 6. a. Cawdries case, which is effected by excommunications and penance, which punish the Soules, not by fine and imprisonment, which punish onelyonly the purses and Bodies of delinquents. This Statute therefore being principally made for the reformation of mens Soules and maners by Ecclesiasticall Censures, as is resolved in Cawdries case, shall not be extended to fines and imprisonments, which are but corporall Censures.

11. Finally, The lower howse of Parliament, in 3. and 7. Iacobi, and in many Parliaments since, have resolved, that the High-Commissioners fining, and imprisonment for Ecclesiasticall offences, (which are not ordered to be so punished by expresse Statutes, yet in force, by sprituall Iudges and ordinaries) is an intollerable greivance, oppression, and vexation, not warranted by the Statute of 1. Eliz. c. 1. which gives them no such power, but to proceed onelyonly by Ecclesiasticall processe and Censures; Sir Edward Cooke, and the rest of the Iudges in their Conference with the Prelates before King Iames, and in their Declaration of the true grounds of their prohibitions to the High-Commissioners, composed, and committed to writing by his Majesties Fathers command, about the ninth yeare of his Raigne, delivered their Iudgements and resolutions, accordingly in direct termes, that the High-Commissioners could fine in no case, and imprison onelyonly in case of heresie, and incontinency of Ministers, and that by way of Censure after conviction, not of proces before it, as the discourse it selfe (which is common) witnesseth at large.

These particulars being thus premised and prooved, it is apparant**See An. Melvini Celsae Commissions Anathomia. that the High-Commissioners cannot legally by the Law of the Land, impose any fine at all on any delinquents for any Ecclesiasticall offence whatsoever, because neither the Canon, nor any Statute Law whatsoever, now, or then in p. 183force, gives them, or any Ecclesiasticall Iudge, power to fine, or amerce any man for any such offence. And that they can imprison in no cases, but onelyonly of incontinency of Ministers, and of heresie, (in which two cases Ecclesiasticall Iudges have power to imprison, by the Statutes of 1. H. 7. c. 8. and 25. H. 8. c. 14.) but in no other, that I can finde in any Statutes, no not in cases of fighting and quarrelling in Churches, or Churchyardes, Adultery, incest, Simony, Blasphemy, Drunckennesse, Vsury, Inconformity, and the like; which they may punish with Excommunications, or other Ecclesiasticall Censures, and by deprivation, perchance in Ministers, but not by fine or imprisonment, (as they now dayly doe) which is cleare by the Statutes of 5. and 6. of E. 6. c. 4. 37. H. 8. c. 17. 1. Eliz. c. 2. 13. Eliz. c. 8. 12. 31. Eliz. c. 6. 23. Eliz. c. 1. 3. Iacobi c. 4. 5. 4. Iac. c. 5. and other forecited Acts, and that this is no private opinion of my owne, but a generally receaved truth, I shall besides the resolution of the Parliament 7. Iacobi, and of many Parliaments both before and since, and of the Iudges forementioned, cite some particular Iudgements in point, Mich. 9. and 10. Eliz. in the C. B. ret. 1556. (which in 10. yeares after the Statutes first made, which erects the High Commission,) one Leigh an atturney of the Common Pleas, was committed by the High-Commissioners to the Fleet, because hee was present at a Masse, and refused to take an Oath to answer to Articles, which they would administer to him; whereupon hee brings a Habeas Corpus in the C. B. and by the resolution and advise of all the Judges (some of which were present in Parliament, when this Act was made,) hee was bayled and discharged of his imprisonment; not onelyonly, because hee was a necessary member of the Court, and so his attendance could not be spared, but principally, because the High-Commissioners had no power by vertue of this Act, to imprison any man, either for hearing Masse or refusing an Oath to accuse himselfe. **Dier. 175. B. In the first edition.So Mich. 18. and 19. Eliz. One Hinde was committed prisoner, by the High-Commissioners, for refusing to sweare, to answer Articles, exhibited against him for usury; whereupon hee brought an Habeas Corpus in the p. 184Common Pleas, and was discharged by the Iudges; because the High-Commissioners have no power given them by the Statute to imprison any man, either for refusing to take an Oath, (which the Statute gives them no authority to administer,) nor yet for usery it selfe: both which cases are reported by the Lord Dyer, then cheife Iustice of that Court, and printed in the first edition of his reports, though (I know not by whose procurement,) omitted in the last editions of them. Anno 42. Eliz. in Simpsons case forecited, it was resolved upon mature deliberation by all the Iudges of England, that the High-Commissioners had no power at all by the Statute of 1. Eliz. c. 1. to arrest any man by Pursevant, or warrant, or, to attach his bodies appeare and bring it before them, either by the Sheriffe, Constable or a messenger, nor to imprison any o…e for adultery, but that they ought to proceed onelyonly by Ecclesiasticall processe and Censures: notwithstanding their Commission to arrest and imprison men; which being not warranted by the Statute is voyd as to this particular. And hereupon Simpson indicted of w…llf…ll murther, for pistoling Iohnson, who came in ayd of the Constable of Aldrington to arrest Simpson, by a warrant from the High-Commissioners, for committing adultery with Fusts wife, was acquitted and found not guilty by Iudges speciall direction to the Iury. Anno 3. Iacobi, one Berry was committed by the High-Commissioners, for irreverend speeches and sawcy carriage to Doctor Newman, whereupon hee brought an Habeas Corpus in the Kings Bench at Westminster, and was discharged by the Court, both for the generality of the returne, and because the Commissioners have no power by the Statute, to commit any man for irreverend speeches or carriage to his Minister, though it be a misdemeanor: And the Court in this case resolved further, that whereas the Commissioners usually tooke bond of those who were cited to appeare before them to answer to such interrogatories, which shall be administred to them, before they have seene their Articles, that all such obligations are voyd in Law: (and all Oathes Ex officio too by the selfe same reason) neither have they power to require or take such bonds (much lesse then such oathes) of any by this Statute. Anno 11. Iacobi, one Brooke an p. 185Herauld at Armes, was committed to the Fleet by the High-Commissioners for refusing to pay such Alemoni to his wife, as they injoyned him: whereupon hee brought an Habeas Corpus in the Kings bench, and was discharged by the Court, because the Commissioners have no power by the Statute of 1. Eliz. c. 1. to grant Alemony to discontended wives, and if they had, yet they could not by Law imprison any man, that refused to pay it. An. 6. Jacobi B. Rex, it was resolved in one Master Withers case, that the High-Commissioners could not arrest, or attach men by their Pursevants, but ought to proceed by Citation and Excommunication, onelyonly as other Ecclesiasticall Courts doe. Tr. 7. Jacobi B. Rex, in Warringtons case, it was resolved, that the Commissioners could not imprison any man for refusing to take an Oath to answer to Articles, or for hearing of Masse; and the party so committed, was thereupon bayled. 7. Jacobi. C. B. it was adjudged in one Hawes case, that the High-Commissioners could not imprison a man, for refusing to obey the sentence of his ordinary in case of adultery. Pasche 8. Jacobi B. Rex. Meltons case, and 12. Jacobi B. Rex. Bradstones case, it was resolved that the Commissioners could not commit men, for refusing to answer Articles, or to give bond to pay expences, or obey orders in cases of Alemony, betweene man and wife, Hill. 3. Caroli. B. Regis. One Lucas was detained close prisoner, in the howse of a Pursevant, belonging to the High-Commissioners by their order, untill hee should pay 3. p. 13. s. 4. d. for the Pursevants journey into Norfolke, and 6. s. 8. d. every day, that hee had beene in his Custody, (the usuall fees, they now demaund and take of all men,) whereupon a Habeas Corpus was prayed and granted to the prisoner discharged voluntarily by the Pursevant, and the fees ruled to be excessive, Hill. 3. Caroli B. Rex, Master George Huntly, a Kentish Minister, was committed by the High-Commissioners,, and fined by sentence of the Court, for giving contemptuous words to the Archdeacon, charging him with injustice, and refusing to preach a Visitation Sermon upon his commaund, to whom hee owed Canonicall obedience, and other contempts to the Archbishop p. 186of Canterbury himselfe, as was pretended, whereupon hee brought his Habeas Corpus; the Judges upon the Archbishops solicitation would not then bayle him, (though bound by Law and Justice to doe it) unlesse hee would promise to submit to the High-Commissioners, which hee refused standing upon the innocency of his cause to doe. After this Hil. 4. Caroli. hee brings there another Habeas Corpus, Serieant Hetley and Master Calthrop his Councell, prayed that hee might be bayled. 1. Because his refusall to preach a Visitation Sermon upon the Archdeacons commaund, was no breach of Canonicall obedience, no Law or Canon requiring it. 2. Because the offences pretended, are not within the statute of 1. Eliz. c. 1. and if they were, yet the statute gives them no power at all to sine or imprison, but onelyonly to proceed by Ecclesiasticall Censures; whereupon hee was bayled at the Court. But loe the intollerable insolency of the Prelates, and their most contemptuous execrable affronting of Iustice: (the like whereof was never offered to the King and his Iudges in any age, deserving at the least a Premunire,) no sooner was this poore oppressed Minister bayled & released by the Court, but the Pursevants by a new warrant frō the Commissioners, as he was going frō the Barre, within the vew of the Court, apprehended him a fresh, & carried him over to Lambeth; where the Commissioners sitting the same afternoone, deprived him of his living, degraded him from his Ministry, imposed a great fine upon him, and committed him to a loathsome prison, onelyonly because hee sought to five himselfe from their former oppressions, by an Habeas Corpus; a legall course of Justice for all oppressed Subjects. And presently after, one Master Austen, the Archbishops Chaplaine, was presented by him to his living. This poore distressed oppressed, Minister hereupon indeavours to right himselfe by a course of Law; for which purpose hee brings an Ejectione Firme against Master Austen in the Kings bench, to recover his benefice; and an Action of false imprisonment against the High-Commissioners and their officers (who deserved a more severer proceeding of another nature, or affronting the King and his Iudges in their execution of Iustice, and releife of an over injured Subject.) In which actions the Prelates and Commissioners by p. 187their mighty power have these 5. or 6. yeares together delayed him. And I know not upon what quirks and underhand doing got them discontinued by reason of the infinite delayes and adjournments, and some negligence in the Clerks, in entering the continuances. Since which hee hath brought new actions againe, wherein they tire him out with new delayes; and have so farre prevayled by their power with the Iudges, that they will neither assigne him Councell to argue his cause, neither appoint him any set day for the argument of his action of false imprisonment, (which they now pretend is discontinued;) shifting him of with delayes, contrary to the expresse letter ofuuChap. 29. Magna Charta, Wee shall sell to no man, wee shall denie or deferre to no man, either justice or right, and to the Judges xx18. E. 3. stat. 5.owne Oathes, yee shall sweare that ye shall doe even Law and execution of right to all the Kings Subjects, rich and poore without having regard to any person, and that yee deny to no man common right, by the Kings Letters, nor none other mans, nor for none other cause, and in case any Letters come to you contrary to the Law, (as to many Letters and messages now doe,) that yee doe nothing by such Letters, but certifie the King thereof, and goe forth to doe the Law, notwitstanding the same Letters; which now few Iudges doe, or dare to doe; out of a sordid slavish feare of I know not whom or what; I am sure not of God, who requires Iudges,‡‡Exod. 18.21. Lev t. 19.15. Deutr. 1.16.17. c. 16.18.19.20.Exod 18:21 to be men of courage fearing him, that so they may not feare the threats or frownes of men. And by reason the swaying Prelates, and Iudges are so farre engarged against this distressed creature, as to brow-beat all his Councell for his sake, hee is now so destitute of all Councell, t…e Iudges refusing to assigne him any, that he can procure no man cordially to plead his cause, (a great shame to the honourable profession of the Law) but is inforced to moove the Court himselfe, and to intreate them that he may have liberty to argue his owne cause. All which extreamity this poore afflicted Minister hath undergone for almost 9. yeares space together, without any respiration, to the utter ruine of his estate, the enfeebling of his person, through penury and long imprisonment, onelyonly for refusing p. 188to preach a visitation Sermon upon the Archdeacons commaund, (who byyyLindewood Constit. l. 1. Tit. De officio Archdeaconi. the Canons and Custome of the Church is bound to preach himselfe,) because of a present sicknes, then upon him, and the shortnes of the warning, in regard of both, which hee desired to be excused, Proctors to the Archdeacon, to procure another, to supply his place, who would not accept of his money, or just excuses, but injoyned him to preach in person; which hee not doing for the forementioned reasons, was convented before the High-Commissioners, and for this cause alone, and no other thus handled, as I have truly and impartially related. And are these proceedings censures thinke you (which every just and upright man must needs tremble and stand amazed at, and I trust his Majesty out of his most gracious Royall Iustice will now lay to hart) agreeable to the forecited statutes, the Law of the Land, or tollerable among Christians? God forbid, that any Christian or morall heathen man should deeme them so. To conclude this point: The Iudges of the C. B. 4 Caroli, in case of a Baliefe prosecuted in the High-Commission, for disturbing and arresting of a Minister in the Church, in the time of Divine Service, contrary to the statutes, of 5. & 6. Ed. 6. c. 4. resolved, Una voce, that the High-Commissioners could neither fine, nor imprison the party, for this misdemeanour, but onelyonly excommunicate and injoyne him Ecclesiasticall Penance. And Judge Hutton and Yelverton at that time, in my owne hearing, gave order to the parties Councell to insert this clause into his prohibition to the Commissioners, that they should not proceed to fine or imprison him; and if they did, the whole Court protested it was against the Law; and that upon a motion of his Councell, they would free him. By all which Reasons, Statutes, Resolutions, and Authorities, both of the Commons-Howse of Parliament, the Iudges of the Kings Bench, and Common-pleas, in Queene Elizabeths, King Iames, and King Charles severall raignes, (till the domineering humour of our present great swaying Prelates, I know not by what Law, or Iustice, stopped the currant both of Prohibitions, and Habeas Corpus, to releife the Subjects, against their unjust vexations p. 189fines, imprisonments,) it is apparant, that the High-Commissioners can fine in no case, and imprison onelyonly in two cases, and so all their fines, most of their imprisonments, are meere oppressions of the Subjects, encroachments on their Liberties, therefore voyd in Law: In so much, that an Action of false imprisonment, and of the Case too, grounded upon the former statutes, will lye against them for it, at the Common Law, if not a Premunire. But admit, they had power to impose fines, for Ecclesiasticall offences, which I absolutely deny: yet then they ought to fine men, not‡‡So much was Sir Giles Allington fined. ten thousands, thousands or hundreds, as now they doe, for meere toyes and triffles, yea for small or no offences, to the utter ruine of their estates, losse of their freeholds, and ruine of themselves, and their families; but according to the quantity onelyonly of their offences, if they be small, and for a great fault, after the maner thereof; saving still to the parties, their contentment, or freehold, to villanies their waynage, and to Marchants their Marchandise; neither ought any man of the Church to be fined, after the rate of his spirituall benefice, but after his lay tenement, and the quantity of his trespasse, by the expresse statutes of Magna Charta c. 14. and 3. Edw. 1. c. 6. And if they excessively fine, or amerce any, contrary to those Lawes, zzFitz. Nat. Bre. fol. 75. 76. 10. E. 2 Action sur stat 34. 17. E. 2. Process. & 204. 10. E. 3. 14. H. 4. Ammowry 60. 155.a writ of moderata misericordia, or Action of the Case upon those statutes, lies for their releife; the Law having this just and favourable respect to all men, that in all offences, not capitall, for which the life and by consequence the estate to support it, are both forefaited on the attainder; (the delinquents in such cases, needing no livelyhood, to sustaine them, their lives being presently to be lost in Iudgement of Law,) it ever allowes men, both the use of their callings, with asufficient stocke to follow them, both for their present maintenance, preservation, and the publike good; which our Prelates disrespecting, fine men beyond all bounds and moderation in all Courts of Iustice where they come, without any pitty, mercy or respect to mens necessities, freeholds, and the publike good; puutting many men, (especially Ministers, of their owne coate who are most conscionable and painefull,) both p. 190from their callings, meanes, freeholds, to their destruction, which I am certaine by Law they cannot doe?

An answer to the Bps & High-Commossioners objections in defen e of their fining, imprisoning, and Ex officio proceedings.All that our Prelates can now alleadge for excuse of these their illegall exorbitant proceedings, not sufferable among Christians, is but this;

1. First, That they have a commission from his Majesty, authorizing these their proceedings and censures.

2. Secondly, That their Predecessors usually proceeded, fined, imprisoned thus before themselves, and they doe but tread in their footsteps.

3. Thirdly, That the Starchamber examines men in criminall causes upon oath, and fines, and imprisons men to; Ergo they may doe it.

Answ 1. To the first of these, I answer; First, that their Commission it selfe warrants not sundry of their extravagant arbitrary censures and proceedings, though it be very large.

2. Secondly, That the largenes of their Commission, is not by any direction from his Majesty, or his Councell, but by their owne solicitation, fraud and procurement, many passages and clauses being inserted into the two last Commissions, which were not in the former; and some of them so unlimited and illegall, that Master Noy, the late Kings Atturney, made a que…e in the margent of his Doclet, for the last Commission, whether some of them were not to large and unfit to passe the Seale.

3. Thirdly, This Commission thus procured either fraudently, or with strange hande by themselves, is directly against the Lawes and statutes of the Realme, not warranted by 1. Eliz. c. 1. therefore voyd in law, and these their proceedings, p. 191illegall, unjust, oppressive, notwithstanding the Commission; wee read of Saul, zzActs 9.1.2.Acts 9:1Acts 9:2that hee breathning out threatenings, and …laughter against the Disciples of the Lord, went to the High-Priest, and desired of him Letters, (or a Commission,) to Damascus, that if hee found any of this way, whether they were men or women, hee might bring them bound into Hierusalem; (as our High-Commission Puisevants serve Gods people now,) which Commission hee obtained. But yet this was no ‡‡1. Tim. 1.13.15 Gal. 1.13. Acts. 22.4. c. 9.4.5. Phil. 3.6.1 Tim 1:131 Tim 1:15Gal 1:13Acts 22:4Phil 3:6excuse or Justification of his persecution of Gods Saints; No more are your Commissions sued for by your selves, any plea to extenuate or defend your persecutions, oppressions, and exorbitances. The Iewes cryed out against our Saviour,aaIohn. 19.7John 19:7 that they had a Law, and by that Law hee ought to dye; was Pilates condemnation, and their execution of him therefore lawfull?bbPs. 64.20.Ps 64:20 David informes us of a throne of iniquity, that hath no fellowship with God, which frameth mischeife by a Law or Commission. By vertue of which they gathered themselves together against the righteouse, and condemned the innocent bloud. But will this Commission justify their sinne?cc1. Kings. 21.8.9 101 Kgs 21:81 Kgs 21:9 The Elders of the Citty, who most unjustly condemned Naboth, had a Commission under Ahabs great Seale for their warrant, but yet this was no extenuation, but a more greivous aggravation of their injustice and murther.ddSee Socrat. Scholast. Eccles. Hist. l. 2. c. 27. 28. 29. 30. George the Arrian Bishop, and Macedonius his confederate, had a Commission and the Emperors Edict to warrant their barbarous tyranny and proceedings, against the orthodox Bishops and Christians, whom they imprisoned, fined, and butchered, yet this would not excuse their persecutions. eeFox Acts & Mon. passim. See 25. H. 8. c. 14.The like Commissions had Boner, and other our owne persecuting Prelates, in Henry the 8. and Queene Maries dayes; yet this would neither justify nor extenuate; but aggravate their sinfulnes, and illegality, of their bloody proceedings: But to come nearer home, 24. E. 3. 42. Ass. 5. & 12. Brooke Commissions, 3. 15. 16. it is resolved, that if the King grant a Commission to any man to imprison, or seise another mans person, or goods, before or without indictement, suite of some party, or other due processe of Law, and thereupon the Commissioners accordingly arrest him or seise his goods; that this Commission p. 192being voyd, and against the Law, can no wayes justifie, nor excuse the Commissioners; in the 1. and 2. yeare of our present Soveraigne King Charles, there were divers Commissions granted out for the executing of Martiall Law, upon billited Souldiers and Marriners, in times of peace, whiles the Kings Courts of justice were open; and likewise to convent men, concerning the Loane, and to administer an Oath, to such as refused to lend money; together with a Commission, for an excise upon divers Commodities; yet all the Commissions by the Petition of Right, and the whole Parliament, 3. Caroli, were adjudged to be against the Law of the Land, and Liberties of the Subjects, and so unsufficient to justifie the proceedings, oathes, imprisonments, executions, grounded on them, or to excuse the parties, that executed them. ffHalls Chro. An. 1. 2. H. 8. f. 1. to 9. Speeds Hist l. 9. c. 21. p. 999.Empson and Dudly h…d a Commission from King Henry the seaventh, for what they did, yet they were attaincted in Parliament, and executed as Traitors by King Henry the eight, notwithstanding their Commission; how many Monopolists, (as Sir Giles Mompersons and others,) have beene severely punished in Parliaments, notwithstanding their Patents and Commissions? why then our High-Commissioners may not be lawfully, and justly fined, imprisoned, suspended in the Kings Bench, or Starchamber, for fining, imprisoning, oppressing his Majesties Subjects, against all Law and Iustice, notwithstanding their Commission, which will neither excuse, nor patronize their proceedings, either before God, or men, I cannot yet conjecture; and why an Action of the case, of false imprisonment, and a Premunire too, should not lye against them for the present, by the parties greived, I see little case to question? Wee know that many Patents and Commissions, under the great Seale for**Cookes Reports. l. 8. f. 125. to 130 l. 10. f. 113. l. 11 f. 53. 84. to 89. monopolyes, are and have beene condemned, and adjudged, voyd, and suppressed, as great greivances and oppressions to the Subject, and contrary to the Lawes of the Realme, yea the Statute of 21. Jacobi c. 3. against Monopolies, declares, that all Commissions, Grants, Licenses, Charters, Letters Patents, Proclamations, Inhibitions, Restraints, Warrants of assistance, erecting, or tending toward the erection of any monopolies, p. 193are contrary to Law, and shall be utterly voyd, and of no effect, and in no wise to be put in ure or execution; and if any presume to execute the same, that an Action upon the statute shall be against him, wherein hee shall render treble Dammages to the parties greived, notwithstanding his Letters Patents, or Commission, which will not excuse his fault: Therefore our High-Commissioners, may by the same reason be questioned and punished for their illegall imprisonments, fines and proceedings, notwithstanding their Commission.

Finally, It is a rule in Law,ggLittleton Sect 395. Cookes institutes, ibid. & Sect. 200 410. that no man shall take advantage of his owne colusion, fraud, hurt, or wronge; hh5. E. 3. 8. 8. E. 3. 70. 18. E 3. 58 9. H. 7. 21. Fitz. Excom 5. 9. Cookes Instit. 201.If a Bishop excommunicate another man, who brings an Action against him at the Common Law, the Bishop cannot plead his excommunication in Barre of his Action, because pronounced by himselfe: The same Law holds in case of iiLittl…ton. Sect. 678. 679. 688. 689. 690. 200. 395. 410. 203. and Cooke Ibidremitters, discents, disseisins, and the like by collation or wrong, hee that is party or consenting to them, shall have no advantage by them. Our Prelates are all parties and privies in procuring this torcious illegall Commission, therefore they shall take no advantage by it, from it, to extenuate or justifie their illegall proceedings, censures, oppressions, by couler of them; the rather, because, both the Parliament and Iudges have oft adjudged these their Commissions voyd in Law, and their proceedings on them, great greivances, pressures, and injustice, the statute of 2. H. 4. c. 15.kkFox Acts & Mon. p. 539 549. 481. 482. (made by the Prelates themselves, without the Commons assent, which they foisted into it,) resolves, that ordinaries and Ecclesiasticall Judges, cannot by their Jurisdiction, spirituall imprison, which the statutes of 5 R. 2. c. 5. 2. H. 5. c. 7. & 1. H. 7. c. 4. further manifest; yea**See Lindewood l. 5. De Poenis, f. 232. a. Lindewood himselfe determines, that a Layman cannot be imprisoned by an Ecclesi…sticall Judge, for any Ecclesiasticall crime whatsoever. Therefore no Commission can authorize them to doe it.

Answ. 2. To the second excuse, I answer, that by the like p. 194prerext, the Prelates may excuse allmost any sin. Their Predecessors havellTyndals dayly practise of Popish Prelates, Henry Stalbridge his exhortatory Epistle. Fox Acts & Monuments p. 168. 169 174. 175. to 250. 303 320. 321. 350. 409. 410. 368. to 425. 431 435. 436. 451 to 474 495. to 546 581. to 788 and elsewhere. oft times beene Traytors, Rebells, Oppressors, Murtherers, Persecutors, ambitious, covetous, proud, merciles, luxurious, lecherous, idle, Simmonaicall, Wolves, False-teachers, Non-residents, Pluralists, malicious, envious, revengfull, yea Pilates, Imposters, Devils incarnate, asmmAd Pastores & ad Clerum Sermo. Sant Bernhard, and others stile them. Ergo, they may now be such by authority without offence; because they walke in their Predecessors steps, as to many of them truly doe. If this be no good consequent, then not the other.

Secondly, I answer, That these proceedings, and censures, of their Predecessors, have beene condemned, declaimed against as Antichristian, tyrannicall, illegall, barbarous, and inhumane by our Parliaments, our Iudges, ournnFox Tyndall, Rhodoricke, Mors, Henry Stalbridge, the petitioner to Queene Eliz. and sundry others, forequoted, Dr. Rames his Supplic. to King Henry the 8. 25. H. 8. c. 14. writers, yea by Fathers, and others witnes, Origen in Epist. ad Romanos. l. 9. c. 13. tom. 3. fol. 212. who from these words, wilt thou not be afraid of the power, &c. makes this inference, From hence it appeares; that the secular Iudges of the world, doe fulfill the greatest part of the Law of God; For all crimes which God w…ll have to be avenged, hee will have to be avenged, NON PER ANTISTITES ET ECCLESIARƲM PRINCIPES, not by Bishops, and Governours of Churches, but by secular Judges. And Paul knowing this, doth rightly name him the Minister of God. Sant Hilary, on the second Psalme p. 199. … demandes this question, What, had Paul any Civill power or magistracy, that hee should threaten a rod to the Corinthians, and that hee would come to the Church of Christ with the office of a Serieant, or Pursevant? Verily, wee are not thus to imagine, yet our Lordly Prelates must have their Pursevants and gailers attending them and theirooLindewood l. 5. De Poeni… f. 232 a. prisons too. p. 195The same Father in his Epistle to Auxentius proceeds thus: Have the Apostles assumed to themselves any dignity, or civill power from the Princes pallace? yet now the Church affrights men with banishments and imprisonments, and compels men to be committed to herselfe, who was formerly committed to banishments and prisons. **Eccl. Hist. l. 7. c. 7. 11. 13.Socrates Scholasticus, observes, that Cyrillus Bishop of Alexandria, and Boniface Bishop of Rome, PASSING THE BOƲNDS OF THEIR PREISTLY ORDER, presumed to challenge themselves secular power and authority, which none of their Predecessors, or any other Bishops did before them; taking upon them besides the oversight and Jurisdiction of the Clergy and Ecclesiasticall matters, the governement also of temporall affaires, and secular Jurisdiction: in so much, that they shut up the Churches of the Novatians, spoyled them of their goods, and committed them to wars; yea Cyrilius executed some of the Jewes in Alexandria, and banished the residue of them for a murther, committed upon the Christians. All which this Historian taxeth in them, as a meere presumption, exceeding the bounds of their preistly function, and a thing not formerly practised by any orthodox Bishops. Rupertus the Abbot, on Matth. l. 8. saith thus: The Rod of the Disciples of Christ is a rod of love: but the rod of domination or temporall rule, is not granted to the Ministers of the Gospell of peace. **De Instit. Episc. Tract.Petrus Blesensis, Archdeacon of Bath, writes thus to John Bishop of Worcester: Thou art set ever mens soules, not their bodies: Nihil Prelato commune est cum Pilato: A Prelate hath nothing common with Pilate: and thence hee inferres, that they ought not to intermeddle with any temporall affaires, or causes of blood, imprisonments, demembrations, and the like. Anselme, Archbishop of Canterbury, determines thus:**In Matth. 26.Matt 26 As that, which belongs to the Ministeriall function, appertaines not to Kings: So neither ought a Bishop to exercise those things, which belong to the Kings, as the power of fining and imprisonment doth. Our famous great Schooleman**De Potesta. Pont. qu. 1. c. 4. 7. William Occam resolves thus: Christ hath interdicted his Apostles that domineering maner of governing, observed of the p. 196Potentates of the world. And these two distinct powers, temporall and Ecclesiasticall, which God would have to belong to different persons, ought not to fall together unto one person: Whence hee resolves, that neither the Pope, nor any other Prelate, ought to exercise any temporall Jurisdiction over the bodies of men. ‡‡Defensoris Pacis, pars 2 c. 15. 16. 17. &c.Marsilius Patavinus, prooves at large, that neither the Pope himselfe, nor any Bishop or Clergyman, hath, nor ought to have any coërcive power at all over mens bodies, to fine or imprison them; it being directly prohibited by the Scripture in sundry places, and in Matth. 20.25.26. Our famous English Apostle**See Fox Acts and Mon. p. 399 412. Thomas Walsingham Hist Angl. p. 205 302 to 307. John Wickliffe, Dialogorum, l. 4. c. 15. 16. 17. 18. 26. 27. maintaines the selfesame Position, and prooves at large, that Bishops ought not to have any prisons, or to imprison any man, for any cause, nor yet to exercise any temporall power or Jurisdiction; and that it is a mortall sinne for them, to use any civill dominion, or for Princes, to give them such authority, contrary to our Saviours expresse inh…bition. Our famous Martyr‡‡Practise of Popish Prelates, p. 342 343. Master Will…am Tyndal… writes thus: That since Christs Kingdome is not of this world, or any of his Disciples may be other wise then hee was, therefore Christs Vicars, which minister his Kingdome here in his bodily absence, and have the eversight of his flocke, may be no Emperors, Kings, Dukes, Lords, Knights, temporall Judges, or any temporall Officer, or under false names have any such dominion, or minister any such office as requireth violence. The Officers in Christs Kingdome may have no temporall Dominion or Jurisdiction, nor execute any temporall authority or Law of violence, nor may have any like maner among them: Christs Kingdome is altogether spirituall, and the bearing of rule in it, is cleane contrary to the bearing of rule temporally. And therefore the **And by the same reason, our Prelates be derived from it, and tending to support it.Popes Kingdome is of the world; For there every man raigneth over another with might, & have every ruler his prison, his jaylor, his chaines, his torments, even so much as the Friers observants observe that rule, and compell every man, other with violence, about the cruelnes of the heathen tyrants. Our famous Martyr John Frith, in his answer to the Bishop of Rochester p. 57. concludes thus: To say that Christ would have his Disciples p. 197to compell men with imprisonment, with fitters, scourging, sword and fire (the learned Prelates best and canonists arguments to convince men,) is VERY FALSE, and farre from the mildnes of a Christian spirit, although my Lord approove it never so much. For Christ did forbid his Disciples such Tyranny, yea and rebuked them, because they would have desired, that fire should descend from heaven, to consume the Samaritanes, which would not receive Christ, Lu. 9. But hee commaunded them, that if men would not receive their Doctrine, they should depart from thence, and sprinkle off the dust of their feete, to be a testimony against the unfaithfull, that they had beene there, and preached unto them the word of life. But with violence will God have no men cōpelled unto his Law. Finally, what doth they compulsion & violence, verily nothing, but make a starke Hypocrite, for no man can compell the heart to beleive a thing, except it see evidence and sufficient proofe. So Doctor Andrew Willet in his Synopsis Papismi, the 7. generall Controversie, Quest. 2. Sect. 3. p. 399. condemnes the Violence used by the popish Prelates, in imprisoning, torturing, and racking men to accuse themselves, or others, or confesse the truth: Which though in some dangerous cases, as of High-Treason and such like, where there is great perill of concealing the truth, and no other way to sift it out, it may be admitted; Yet to use it in an ordinary cause as the Papists did, and in causes of Religion, it is to shamefull, and OF ALL CHRISTIANS TO BE ABHORRED. Master Andrew Melvin, in his excellent Anatomie of the High-Commission, printed 1620. prooves at large: That Bishops and Clergymen, neither as they are such, nor yet as High-Commissioners, or temporall Officers, can or ought to commit or imprison any man, because these being branches, onelyonly of temporall Magistrates Jurisdiction, are expresly prohibited all Bishops and Ministers by our Saviours, Vos autem non sic: Matth. 20.25.26. both directly and indirectly, the inhibition being a universall negative, reaching to the persons as well as to the functions of Ministers and Prelates, whom Christ would not have p. 198to intermeddle with any temporall office, or Jurisdiction, belonging to the temporall Magistrate, no more then hee would have temporall Magistrates to administer the Apostles, or Ministers office. And it will be a poore plea for Bishops, and other Clergymen at last, when Christ shall arraigne them, for breach of this oft reiterated commaund, to reply; that they imprisoned, fined, and pursevanted his servants, and their fellow-Ministers, as they were High-Commissioners, Lords of the Councell, or Iustices of peace, (neither of which Christ ever made or allowed them to be,) not as they were Bishops, or Ministers: and if Christ condemne them for it, as such; I am afraid, they will hardly be saved, as they are Bishops or Ministers. Since therefore all these Fathers and writers, with infinite others, condemne your fining, and imprisoning of men, as directly contrary to Gods word, and Christs owne inhibition: your walking in your Predecessors unlawfull ever condemned footsteps, is but appPs. 68.21.Ps 68:21 going on still in wickednes, oppression, injustice, with an high hand against the Lawes of God, and the Realme; therefore an aggravation, not an extenuation of your offence, your sinne and desperate wickednes.

3. Thirdly, Your Ancestors fining, imprisonment, administering Oathes before sight of Articles, for men to accuse themselves,, arresting men, breaking up their howses by Pursevants, &c. being against Magna Charta and the precedent statutes, can make no good prescription; since no personqq38. Ass. 32 42. Ass. 5. 12. Cooke 5. Report. f. 81 and 7. Report. f. 20. 1. H. 7. 4. 6. E. 4. 9. 8. E. 4. 14. 39. E. 3. 7. Regist. 273 Monstrans De Faits 182 Brooke Imprisonm. 100. and Commissions 3 15. 16. or Corporation can prescribe to imprison, or make by-lawes to imprison others, (no not the City of London it selfe,) because it is contrary to Magna Charta, as was adjudged in the case of Boston, upon a quo warranto, Tr. 3. Caroli. B. Rex and oft times resolved before that case, in printed Law bookes. The Law therefore not allowing you doe any of these, you cannot plead prescription in them as a good title or Iustification; the rather, because the Ecclesiasticall Commission it selfe was erectedrr1 Eli. c. 1. within time of Memory, and the present commission is yet scarse 4. yeares old, p. 199and the High-Commissioners fining and imprisoning, hath yet ever since it hath beene used with one consent, beene declaimed against as illegall, and so oft adjudged.

4. Finally, The Commissioners and Prelates now exceed their Predecessors in all the forementioned extravagancies, growing every day more violent, exorbitant, and oppressive; therefore this fond excuse, will no wayes palliate or extenuate their illegall Actions, Censures, proceedings, which are execrable, abominable, both to God or man, diametrally opposite to all these wholesome statutes, intollerable oppressions, and greivances to his Majesties loyall Subjects, and so meerely erronious and voyd in Law, by these forecited statutes resolution?

3. To the Third, That the Starchamber examines men upon Oath against themselves, and fines, and imprisons men: Ergo, the High-Commissioners may doe it.

Answ. 1. I answer, First, That the Argument is a meere Non sequitur: the one Court being Civill, the other Ecclesiasticall, both in respect of causes and proceedings, the one kept onelyonly by an arbitrary Commission; the other absolute by Act **3. H. 7. c. 1 See Cromptons Iurisd. of Courts, f 29. to 42.of Parliament. And if this be a good argument, I know no reason, but every Bishop may inferre as well: The Starchamber can fine, imprison, examine men upon Oath, in criminall causes: Therefore wee may doe it in our Consistories and Visitations, which Conclusion is both false and absurd. And the High-Commissioners may as well argue, that the Starchamber adjudgeth men to**See Crompton Ibidem. the Pillary, to loose their eares, and the like; and may pun…sh all forjuries, perjuries, routs, riots, conspiracies, trespasses in parkes, subornation of perjury, and the like: Therefore the High-Commissioners may doe it. I am sure, they dare not argue thus; The Kings Bench can hold plea of Trespasse, Debt, Felonies, Murthers, Treasons, and adjudge men to death for the same; Ergo, the Ecclesiasticall Commissioners p. 200may doe it: This were but a frenticke consequent: Why not then the other? Shall the Lords of the Starchamber argue thus? The High-Commissioners may hold plea of all Ecclesiasticall offences, and punish men by excommunication, degradation, sequestration, and other Ecclesiasticall Censures; Ergo, we may much more doe it? If the Prelates will not grant this consequence, as I presume they dare not: I must by the same, or farre better reason deny to grant the other.

But to give a more punctuall answer. The statutes of 37. E. 3. c. 18. 38. E. 3. c. 9. 16. R. 2. c. 2. 3. H. 7. c. 1. 5. Eliz. c. 9. 14. if not the Common Law it selfe authorize the Starchamber to fine, imprison, and inflict other corporall punishments, in such cases, as are expressed in these Acts; as Master Crompton in his Jurisdiction of Courts, Tit. Court De Starchamber, f. 29. to 42. at large demonstrates. But no statute, much lesse the Common Law, gives the High-Commissioners any such power.

2. Secondly, The Starchamber being a temporall Court, for the punishment of the highest temporall offences, which are not capitall, may inflict temporall censures and punishments, (as fines and imprisonment) on delinquents, yet they cannot impose Ecclesiasticall. But the Commissioners (being‡‡1. Eliz. c. 1 8. Eliz. c. 1. 13 Eli. c. 12 3. Iac. c. 4. 5 26. H. 8. c. 1. 37. H. 8. c. 17. and other forecited statutes. The difference betweene the Starchamber and High-Com. oathes proceedings.Jas 4:5 onelyonly Ecclesiasticall Judges, in Ecclesiasticall causes, punishable by no Common or statute Law, but by Ecclesiasticall Censures onelyonly,) cannot inflict temporall punishments, as fines and imprisonment, no more then the Starchamber can Ecclesiasticall Censures, for temporall offences; much lesse then, both temporall and Ecclesiasticall punishment for one and the selfe same offence, which no Court of Iustice else can doe.

3. Thirdly, It is true, that the Starchamber useth to examine men in criminall causes upon Oath, and men are there bound, to put in their answers upon Oath, to the informations, and bills, exhibited against them; but then wee must consider,

p. 2011. First, That no other Court of Iustice else can or doth use it, but the Starchamber onelyonly; The Kings bench cannot examine felons, traytors, trespassers, or any persons indited, or informed against before them, nor yet compell them to answer upon Oath. The Chauncery, Exchequer-Chamber, Court of Wards, and Court of requests, though they injoine men in Civill causes onelyonly, concerning the rights and properties of goods, and such like, to answer to English Bills upon Oath; yet they cannot doe it against; as hath llDyer. 288.beene adjudged: and though they use sometimes in cases of Contempts, and of them alone, to examine men upon Oath to Articles criminally objected against them, yet this is extrajudiciall, not warranted by Law; and the parties examined may lawfully refuse such Oath, and put the Court or party, whom it concernes, to proove the contempt by witnesses. If then neither, the Kings bench, Chauncery, or any other Court of Iustice, but the Starchamber onelyonly, can examine men criminally upon Oath; I may better conclude, that the High-Commissioners cannot doe it, because no other Courts else, but the Starchamber can or doe ordinarily use it; Then our Prelates inferre, that they in the High-Commission may doe it, because the Starchamber ordinarily doth it, but no Courts besides.

2. Secondly, The Starchamber Iudges have authority (at leastwise some good couler of authority, thus to proceed, by the statutes of 3. H. 7. c. 1. and 21. H. 8. c. 20. which give them expresse power, to call delinquents before them by writ, or privy Seale, and them and other by their discretion, by whom the truth may be knowne; to examine, (to wit, upon Oath as common practise hath interpreted it, though it be not expressed) where the Judges in their discretions shall thinke meet: notwithstanding some learned Iudicious men have conceaved, that this clause authorizeth not the Starchamber to examine delinquents criminally upon Oath, to accuse themselves, it being contrary to the Common statute, Canon Law, Scripture, and the proceedings, p. 202both of the Jewes and Romans, as the Premises evidence, but onelyonly without Oath, and none but witnesses, onelyonly upon Oath. But let this be interpreted as it may be, yet the Statute of 1, Eliz. c. 1. gives the High-Commissioners no power at all, to administer any Oath, no not of Supremacy prescribed by it, much lesse to examine any man at their discretions upon Oath, for any Ecclesiasticall offence, there being no such clause, as this in that Act; And by the Common and statute Law ttMatthew Paris Hist. Major. p. 693. 694. 705. Regist. pars. 2 f. 36. b. 43. a. 50. a. 95 b. 99. a. Rastall Prohibition. 5 Fitz. nat. Brev 41. A 2. H. 5 c 3. 2. E. 6. c. 13 Fullers Argument. The Petition to Queen Eliz. Master Morrice his Treatise of Oathes.Ecclesiasticall Judges can administer an Oath to none in any criminall, or civill matters, but onelyonly in cases of Matrimony and Testament: Therefore the High-Commissioners have no Law, nor couler of Law to administer Oathes to men, to answer criminall Articles to accuse themselves, though the Starchamber hath.

3. Thirdly, In the Starchamber, no man is forced to take an Oath, as soone as hee appeares to answer to the Bill, or Information exhibited against him, or to Articles framed on them, before hee seeth the Bill, or the charges therein comprized; neither is hee denied a Coppy of them, by which to frame his answer, nor proceeded against, without any Prosecutor assigned; neither is hee forced to answer, what hee thinkes or beleives, or how hee likes or dislikes things in his Iudgement; or touuFox Acts & Monum. p. 539. 750 751. 753. 754 to 764 951. 956. 957. 960. 1224. 1225. detect and accuse others, (as all, or many are in the High-Commission;) But upon his apparance, hee hath liberty to take out a Coppy of the bill and complaints against him, to carry, to his Counsell, to demurre in Law thereto without Oath, if there be cause; or otherwise to plead a generall not-guilty, and so put the prosecutors to their proofes by witnesses, without any selfe examination upon Articles; or else to put in such a particular answer as his Counsell shall advise and direct; upon the putting in whereof, hee onelyonly takes an Oath, that it is a true answer; and to give a true answer to such Articles as hee shall be examined upon concerning the chargs in the Bill, (being alwayes matters of fact, not thoughts) which hee knowes and adviseth upon before hand, with his counsell. Which Articles, comprising nothing, but p. 203what is contained in the Bill, (xxSee the Treatise of the Starchamber, & ordinay experience which prooves. this true. else the party may demurre and refuse to answer them,) hee needs give no other answer to them, what hee hath given before to the Bill by advise.

The Oathes and proceedings therefore of the Starchamber, being so farre different from those of the High-Commissioners, and farre more just and legall, then their**See And. Melvini Celsae-Commissions Anatomia. strange exorbitances, can be no justification of their legality, but a direct condemnation of them as altogether extravagant, unjust and illegall, as our Parliaments and Iudges have ever reputed them, and all other men of common reason or honesty to, except themselves. To conclude this point of the High-Commissioners, and Bishops strange oppressions and proceedings, contrary to the fore-named statutes in all the recited particulars; I finde a notable President of a Commissioner of Oyer and Terminer, in theyyRegister pars 2. f. 125. &c. Register, to inquire of the oppressions, cruelties, exactions, and exorbitances of the Bishop of Winchester and his Officers, exactly parralell with these of the High-Commissioners and our Prelates now, which will notably decipher them in their true coulers, and shew, how dishonourable, how contemptuous they are to the King himselfe, how pernicious to his Subjects: Rex Vicecomiti salutem, Exclamosis quaerimoniis diversorum hominum de comitatu tuo ad nostram saepius pervenit auditum, quod A. Episcopus Win. nec non bellivi constabularij, & alij Ministri & servientes ipsius Episcopi, plurimas & diversas oppressiones, extortiones duritias, damna, excessus & gravamina, intollerabilia dictis hominibus, in diversis partibus comitatus praedicti, tam infra libertates quam extra multipliciter & diversimodè intulerunt, & de die in diem inferre non desistunt, plures de dictis hominibus vi & armis multotiens verberando, eosque capiendo, imprisonando, & in prisona forti & dura ††So the High-Commission served many, especially Mr Haydon, Mr Brewer and some Seperatists of late, who refused the Oath Ex officio, whom they would not suffer to have any beds, fire, or other necessaries.super terram p. 204nudam & absque alimento, fame, frigore, & nuditate ferè ad mortem cruciando, & eos in prisona hujusmodi, donec fines & redemptiones ad voluntatem suam fecerint, nullo modò deliberari permittendi; nec non zzThus doe the Bishops and Commissioners Pursevants, breake open, and ransacke mens howses, studies, Closets, Chests; tak… away their Bookes, writings, Papers, and if any sue them for it, they are clapt up in prison, and enforced to give over their actions.domos quorundam hominum hujusmodi vi armata fraudendo, & bona & catella sua capienda, & asportando, eosdemque uxores & servientes suos verberando, vulnerando & male tractando, & hominibus super hujusmodi duritiis conquaeri volentibus in tantùm commando, quòd iidem homines in hundredis & aliis curiis dicti Episcopi, vel alibi negocia sua indè prosequi metu mortis non sunt ausi; & alia hujusmodi, mala damna, & excessus inhumaniter in dies perpetrando, **Note that these proceedings are dishonor & contempt to the King, the fountaine of Iustice.in nostri dedecus & contemptum, & populi nostri partium praedictarum destructionem & depressionem manifestas undè plurimùm conturbamur, nos oppressiones duritias damna & excessus, ac gravamina praedicta si perpetrata fuerint nolentes relinquere impunita, volentesque salvationi & quieti dicti populi nostri in hac parte prospicere, ut tenemur; assignavimus dilectis & fidelibus nostris &c. sciri poterit, de oppressionibus, extortionibus, duritiis, damnis, gravaminibus, praedictis, per dicti Episcop… ballivos, constabularios ministros & servientes suos & alios quoscunque de confederatione sua in hac parte existentes qualitercunque perpetratis; & de praemissis omnibus & singulis plenis veritatem, & ad quaerelas omnium & singulorum pro nobis vel pro se ipsis indè conquaeri & prosequi volentium, nec non ad praemissa omnia & singula tam ad sectam nostram quàm aliorum, quorumcunque p. 205audienda & terminanda, secundum legem & consuetudinē regni nostri Angliae. Et ideò tibi praecipimus, quòd ad certos, &c. tibi scire fac venire fac coram, &c. quos &c. tot & tales probos, & legales homines de balliva tua tam infra libertates quàm extra, per quos rei veritas, in premissis meliùs sciri poterit & inquiri. Et habeas &c. Whether the like Commission be not meet to be now granted out, to inquire of our Prelates and Ecclesiasticall Commissioners, barbarous inhumane oppressions, cruelties and proceedings of this nature, and severely to punish the same, I humbly submit to his Majesties and his Counsels grave considerations.

2. The Statutes of 25. H. 8. c. 14. 19. 21. 27. H. 8. c. 15.Against Bps Visitation Articles, Orders, Ceremonies, Innovations. 1. Eliz. c. 1. 2. 13. Eliz. c. 12. utterly disable the whole Clergy in their Convocations and Synodes, and every Prelate in his Visitation Consistory or Diocesse, so much as to presume, to attempt, alleadge, claime, put in Ʋre, enact, promulge, or execute any Canons, Constitutions, ordinances, provinciall or Synodall, Rites, or Ceremonies whatsoever, unlesse they may have the Kings most Royall essent and licenses, under his great Seale, both to make and likewise to confirme, promulge and execute the same. And they further declare, that all Canons, Constitutions, Ceremonies, Rites, Orders, Articles, made by the whole Clergy or any of them, without the Kings speciall license, and confirmation under his great Seale, and the Parliaments approbation too, are meerely voyd, no wayes obligato…y, and not be commonly accepted, receaved, or obeyed, as any Law of God or man within the Realme: which likewise appeares by the severall statutes of 4. E. 1. c. 5. 20. H. 3. c. 9. 36. E. 3. c. 8. 31. H. 8. c. 8. 14. 32. H. 8. c. 15. 26. 38. 34. H. 8. c. 1. 37. H. 8. c. 17. 1. E. 6. c. 1. 2. 9. 2. and 3. E. 6. c. 1. 13. 19. 21. 23. 3. and 4. E. 6. c. 10. 11. 12. 5. and 6. E. 6. c. 3. 4. 5. Eliz. c. 1. 8. Eliz. c. 1. 23. Eliz. c. 1. and 35. Eliz. c. 1. Hence was it, **Fox Acts and Mon. p. 56. Bishop Iewels Reply to Harding. Artic. 3. Divis. 24. p. 142. Antiq. Ecclis. Brit. p.that when King Luc…us sent to p. 206Pope Eleutherius, (upon his Commission to the Christian faith:) for the Roman Lawes and Canons, to governe the Church and Kingdome by; the Pope returned him this answer: Yee have received through Gods mercy in the Realme of Brittaine, the Law and faith of Christ, yee have within the Realme, both the parts of the Scriptures. Out of them by Gods Grace WITH THE COƲNSELL OF YOƲR REALME, (to wit a Parliament, not your Bishops and Clergy,) TAKE YEE A LAW, and by that Law (through Gods sufferance) rule your Kingdome of Brittaine: For you be Gods Vicar in your Kingdome &c. Where the Pope prescribes, and referres the making of Ecclesiasticall Lawes and, Canons, not to the King or Clergy, but to the King and Parliament. Hence the Canons of the Councell of Clonesho, An. 747. were made, and confirmed in Parliament by King Ethebald and his Dukes, and Nobles. Malmesburiensis, De Gestis Pontif. Angliae, l. 1. p. 197. In the Councell of Westminster, under Anselme, An. 1102. both the King and Nobles were present, that so whatsoever was determined by the authority of the Councell, Utriusque ordinis concordi cura, & sollicitudine ratum, servaretur. SIC ENIM NECESSE ERAT. Malm. Ibid. p. 218. and Eadmerus, l. 3, p. 67. l. 4. p. 94. 95. and William the Conqueror, Edger, Canutus, Ira, Alfred, Edward the Elder, Ethielstane, Edmond and Ethebrede made Ecclesiasticall Lawes and Canons in Parliament, as Lambard in his Arch…onomia, Fox Acts and Monuments, p. 714. 715. Bishop Jewell Defence of the Apologie, part. 6. c. 2. Divis. 1. p. 521. 522. Joannis Seldeni Notae ad Eadmerum, p. 167. 168. testifie at large. The Booke of the Common prayer and administration of the Sacraments, and other Rites and Ceremonies of the Church of England, made and confirmed by Parliament, exactly prescribes all Orders, Rites, and Ceremonies whatsoever, that shall or ought to be used in the Church of England in time of Divine Service, or Sacraments, both by Ministers and people. And the Statute of 1. Eliz. c. 2. enacts, that no maner or Person, p. 207Vicar, or other Minister, whatsoever shall use, or by open fact, deed, or threatenings compell, or cause, or other wise procure, or maintaine any Person, Vicar, or other Minister, to use any other Rite, Ceremony, Order, Forme, or maner of celebrating the Lords Supper, Matten, Evensong, administration of the Sacraments; or other open prayers, then is mentioned and set forth in the said Booke, under the forefeitures, and penalties mentioned in that Act, providing, that if there shall happen any contempt, or irreverence to be used in the Ceremonies, or Rites of the Church, by the misusing of this Booke, the Queenes Majesty, (not her Bishops, Heires or Successors,) by the advise of her Ecclesiasticall Commissioners, or of the Metropolitane of this Realme, might ordaine and publish such further Cerimonies or Rites, as may be most for the advancement of Gods glory, the edification of his Church, and the due reverence of Christs holy Mysteries and Sacraments. Which last clause is meerely personall to the Queene, and extendeth not to her Heires and Successors, thrice mentioned in the former clauses, but left out purposely in this; the Parliament, having good assurance of the Queenes zeale to Religion, not of her Heires and Successors, of whose persons and qualities they were then utterly ignorant. By all these Statutes, as likewise by King James Letters Patents, before the Canons and Constitutions An. 1603. and King Charles his Declaration, prefixed to the 39. Articles An. 1628. compiled, by the Bishops themselves, it is apparant, that neither all the Archbishops, Bishops, Archdeacons and Clergy together, nor any of them apart in their severall Diocesse, can so much as make enjoyne or prescribe any new Canons, Constitutions, Orders, Ceremonies, Rites, or Ornaments of Churches whatsoever, nor yet alter any of those prescribed in the Common Prayer Booke, no more then the meanest Curate, or Layman, by their owne Episcopall power or authority, much lesse then suspend, silence, deprive, or excommunica…e any, who refuse to submit to their new orders, Articles, C…no s, Constitutions, Rites, Ceremonies, Alterations, Innovations, and Ordinances. Yet such is the arrogant insolency of our Archbishops, Bishops, Archdeacons, p. 208and their officials, that they not onelyonly dare make, promulge, print, publish, and prescribe new Articles, Canons, Constitutions, Orders, Injunctions, Rites, Ceremonies, (as standing up at Gloria Patri, the Nicene and Athanasius Creed, bowing at the naming of Jesus, cringing to Communion-Tables and Altars, placeing and railing in Communion-Tables Altar wise, erecting of Images, Pictures, Crucifixes, Altars and Tapers in Churches, Prayer towards the East, comming up to the Communion Tables to receave, with a world of other Innovations. contrary to the Common Prayer Booke,) in their Visitations and Consistories, (without the Kings speciall License, under his great Seale,) but likewise excommunicate, fine, and imprison such Churchwardens and Laymen, and suspend, silence, deprive, imprison such Ministers and Clergymen, as oppugne disobey, or refuse to submit unto them, (when as their owne 12. Canon excommunicates ipso facto, all such as shall obey them, or submit unto them, and themselves to, for making them without the Kings authority:) witnes the Churchwardens of Ipsw…tch, and Beckington, Master Chauncy, and divers others: A great oppression, and vexation to his Majesties faithfull Subjects, and a high affront and contempt, not onelyonly to his Majesties supreame Iurisdiction, in causes Ecclesiasticall, but likewise to his Royall Declaration, prefixed to the 39. Articles, reprinted by his Commaundement, wherein hee professeth, that hee will not indure any varying, or departing, in the least Degree, from the Doctrine and Discipline of the Church of England then established; and to his Declaration to all his loving Subjects, of the causes which mooved him to dissolve the last Parliament, published by his speciall Commaund, An. 1628. p. 21. 42. wherein hee called God to record, that hee will never give way to the authorizing of any thing, whereby any Innovation may steale, or creepe into the Church, but preserve that Ʋnity of Doctrine, and Discipline established in the time of Queene Elizabeth, whereby the Church of England hath stood and flourished ever since: and professeth, that hee w…ll maintaine the true Religion and Doctrine established in the Church of England, without p. 209admitting or conniving at any back sliding, either to Popery or Schisme.

3. The Statute of 21. H. 8. c. 5. enacts, that Ordinaries and their Ministers, for Probate of wils, or letters of administration, Against their exacted Fees and oppressions of this nature.where the goods doe not clearely amount above the vallue of C. s. shall take onelyonly 6. p. where they are above C. s. and yet exceed not the value of 40. s. but onelyonly 3. s. 6. d. and not above, where they amount to above 40. p. onelyonly 5. s. and no more, unles one penny for every 10. lines of 10. Inches long under paine of forfeiture of double the money they take above these fees to the party, and tenne p. besides to the King, and party greived; Yet these greedy cormorants and oppressors, for every will, now prooved, and all Letters of administrationaaSee Stephen Puckels Table of Fees printed an. 1631. In causes of office, and dayly experience. take usually 3. 4. 5. or 6. times as much more of his Majesties Subjects, as this Statute allowes them, and are not ashamed to claime it as their due; refusing to take lesse to the great oppression of his Majesties Subjects. John Stratford, Archbishop of Canterbury, with the Councell of London, October the 10. 1342. made this Constitution concerning fees for Letters of order, Institutions and admissions to benefices &c. (which is still in force, if any part of the Canon-Law be, as our Prelates affirme, andbb25. H. 8. c. 19 Cookes Institutes, f. 344. some Lawbookes too.) a ccIoannis de Aton Const. provincial, f. 132. Lindewood provinc. 1. Constit. lib. 3. De Censibus de Seva f. 160. 161. De institutionibus leg. fol. 102. 103.new and insatiable (so Aton) a cruell and wretched Covetousnes (so Lindewood reads it) hath invented, how great exactions may oft times be made for Letters of institution of Clercks, admitted to benefices Ecclesiast…call, and for letters of orders, for the paines of writing, and for the Seales which the Canon it selfe reprooveth, saying, that as it becomes not a Bishop to sell the imposition of hands, so neither the **See Concilium Romanum sub Gregorio. 1. c. 5. Surius Concil. Tom. 2. p. 689 Concil. Coloniense, An 1536 c 28. Surius Ibid. Tom. 4 p. 756. with other Councels and Decrees, Ibid. Tom. 1. p 705. Tom. 2. p. 172. a. 197. b. 328. b. 364. b. 603. 886. a. 635. b. 648 a. Tom. 3. 195. a. 264 a. 44 b. 292 b. 570. a decree that Orders should be conferred gratis, and that the Bishop, Minister, and Notary should demaund & take nothing for them, it being Symony.Minister to sell his quill, moreover the Clercks of p. 210Archdeacons, and their Officials and other ordinaries, refuse to deliver the Certificates of inquisitions made upon vacant benefices, unles they have first and excessive Some of money for writing, wee therefore willing to abolish this abuse, have determined by the advice of this present Councell to ordaine, that for the writing of the letters of Inquisitions, Institutions, and collations, and Commissions to induct any into their benefices, or for the certificates of the same. The said Clerks receave not either by themselves, or by others above 12. d. and for the letters of every holy order, not above 6. d. In other things, let the ordinaries themselves be bound to allow stipends, for their Ministers and Officers, whereby they may justly be satisfied, but for sealing of such letters, or to the Marshall for entring into the howse or Porters, or doorekeepers, or Barbars, wee will that nothing at all be exacted or payd by coulerable intend, least the payment for Seales of letters, or entrances aforesaid be turned into a damnable gaine. And this wee ordaine upon paine of double to be restored within one monethmonth, otherwise the Clerks that refuse to restore double, let them know, that they stand suspended from their office, and from their benefice, by the approbation of this holy Councell: Wee ordaine likewise, that those, who are bound at the Commaundement of their Superiours, to indict such, who are admitted unto Ecclesiasticall benefices, be contended with moderate charges, for such induction to be made. Namely, if the Archdeacon be throughly contented with 3. s. 4. d. and his Officiall with 1. s. for all charges, both of himselfe, and his returne, concerning Diet, and let him that is inducted aforesaid, chuse whether hee will provide for the returne of him and his that giveth the possession in such quantity of money, or in other necessaries. And if any thing over and above this, by occasion of the premises be receaved by such as induct, or if they receave any more for the induction to be made by them, or if it shall happen, that they make not letters certificatory of their induction, and deliver them unto the Inducted, or which faighneth pretence unlawfully deferre them, wee will such as are culpable herein, so long to incurre suspension from their office, and enterance from the Church, untill the things contrarily receaved, be restored, and that they satisfie in the premises, him p. 211who by their default is hindred. Bus what if hee be inducted (saith Lindewood in his Glosse,) by another then the Archdeacon himselfe or his officiall, yet at the commandment of the said Archdeacon, whether may the Archdeacon receave any thing for such an induction? Answer no, but hee that investeth him after this sort, shall have of him, that is inducted necessary expences, and such as are agreeable to his estate and calling under the moderation, limited unto the Archdeacon himselfe, or his Officials, if any of them had personally made any such induction. AndeeLindewood Ibid. Stephen Laughton, Archbishop of Canterbury, and the Councell of Oxford, An. 1222. made this Degree; Wee ordaine that no Prelate, when hee shall conferre any Church or Prebend, presume or dare any maner of wayes, either to usurpe unto himselfe the fruits of the same Church or Prebend, not yet gather or to exact, or suffer to be exacted, by his Officials or Archdeacons, any thing for the institution, or possession giving, or for any writing to be made, touching the same; Moreover, by the ffSum. Ange…ica Tit. Proodicare, 2. H. 4. c. 15,Canon Law, and Booke of ordination of Ministers, every Minister may lawfully preach in his owne Cure, as well as baptise, administer the Communion, and read Common prayer, ggActs and Monuments p. 401. 402 403. 406. 416. to 420 429. 431. 483. 485. 500. 502. 521. 541. 552. 553. 563. 588. 590. 592. 598. 599. 6…2. 604. 639. 800. 874. 883. 884. 911. 930. 931 950. 956. 1001. 1106. 1015. 1016. 1099. 1156 1161. 1181. 1182. 1231. 1281. 1283. 1358. 1577. 1580. 1584. 1512. 1585. 1586. 1888. 1899.without a license; and if any have licenses, granted them to preach, out of their owne Cures, they ought to be granted freely without any fee or gratuity, to the Bishop or his Officers. And the Statute of 23. Eliz. c. 1. provides expresly: That no ordinary, or their Ministers, shall take any thing for the licensing or allowance of Schoolemasters; yet notwithstanding these Statutes, Canons, and Constitutions, our Prelates their Commissaries, Secretaries, and other Officers, take no lesse then 15. 20. 25, or 30. s. for the orders of every Deacon, and as much for every Ministers orders, so as few are or can be now made Ministers under 40. 50. or 60. s. charge in fees and in some places more, yea they exact and take no lesse then 6. 8. d. yea 10.hhSee Stephen Puckels Tables of Fees. 15. and 20. s. sometimes for every license p. 212to preach and keepe a Schoole, and no lesse then 3. 4. 5. s. (and sometimes more as themselves shall please to demaund) at every trienniall visitation, for shewing these their letters of orders, and licenses; when as there is never a farthing due by Law; and as for institutions and inductions to Benefices, our Archdeacons and their officials exact, and take for every institution and induction, no lesse then 2. 3. 4. 5. 6. and sometimes**So much Doctor Featlies Inductiō to Aston stood him in fees. 7. p. and more according to the vallue of the livings: An horrible extortion, oppression and Simmony, farre worse then the selling of Benefices by Patrons, yet our Prelates connive at, countenance, and maintaine all these exactions and extortions, not questioning any man for them, which is ill; yeaiiSee Stephen Puckles Table of Fees the Epistle Dedicatory. refusing to right, and persecuting those who complaine against them, which is farre worse. So farre is that of Vespatian now with them and theirskkSuetonii Vespatianus. Dulcis odor lucri ex re qualibet.

The Statute of 31. Eliz. c. 6. ratifies these former constitutions, concerning the selling and giving of orders, and provides: That if any person or persons whatsoever, shall receive or take any money, fee, reward, or any other profit, directly, or indirectly, or shall take any promise, agreement, covenant, bond, or other assurance to receave any money, fee, reward, or any other profit, directly, or indirectly, either to him or themselves, or to any other of their, or any of their freindes, (all ordinary and lawfull fees, onelyonly excepted, which are but those above specified) for to procure the ordering, or making of any Minister or Ministers, or giving of any orders, or license, or licenses to preach; that then every person or persons, so offending, shall for every such offence forfeit the summe of xl. p. of lawfull money of England, and the party so corrupted, ordained, or made Minister, or taking orders, shall forfeit 10. p. And if within 7. yeares after such corrupt entering into the Ministry, or receaving of orders,, hee shall accept any benefice, living or promotion Ecclesiasticall, that then immediately, from and after the induction, investing or installing thereof, or thereunto, had the same benefice, living and promotion Ecclesiasticall, shall be meerely voyd, and that the Patron &c. may present and collate unto the same, And p. 213by the same statute it is enacted, that if any person or persons, for any summe of money, reward, or guift, profit or commodity whatsoever, directly, or indirectly, (other then for usuall and lawfull fees, which are those onelyonly forementioned) or for, or by reason, of any promise, agreement &c. (as in the former clause,) shall at any time admit, institute, install, induct, invest, or place any person, in or to any benefice, with Cure of Soules, dignity, benefice, or other Ecclesiasticall living, that then every person, so offending, shall forfeit, and loose the double vallue of one yeares profit of every such Benefice, Dignity, Prebend, and living, and that the same shall be immediately voyd, so as the Patron may present thereto; By vertue of which Act, I feare me, most Ministers may be turned out of their livings; and all our Prelates with their Officers, and late ordained Clerks undone, if their forfeitures were but well inquired after;llIoannis de Aton, Constit. Othonis, de Archideaconis, f. 43. 44. Otho in his Constitutions, with our whole generall nationall Synode, under him prescribes, that Archdeacons in their Visitations, or when they punish and correct crimes, shall not presume to receave any thing, (by way of fee,) nor to involue any man in censures unjustly, that so they may extort money from them, because those things, and such like savour of Simmoniacall pravity: And hee further ordaines, that no Archdeacon or Bishop shall receave procurations from any Church, unlesse hee personally visit the same Church, nor extort any thing for redemption of Visitations: And John Stratford, Archbishop of Canterbury, with the Councell under him, An. 1342. degree: That no man shall presume to receave of any Church any procuration, to be payed by reason of visiting, unlesse hee diligently visit the same Church in person: and if any will visite any Churches in one day, let him be content with one dayes procuration in victuals, or money, unto which procuration let him cause all and singular Churches, so visited in one day, proportionally to contribute as the Canons ordaine; yeammLindew. Constit. Provin. de Censibus l. 3. c. Quemvis, f 161. 2. Boniface, Archbishop of Canterbury ordained,nnLindewood Ibid. that the Appariters and Bedels, should receive nothing from Ministers and others for any Sermons citation, but what they should please to give them freely. By which and sundryooConcilium Toletanum 3. Can. 20.21. & 7. Can. 4. Concil. Lateran. sub Alexand. 3 An. 1179 pars 1 c. 4. 7 Bochellus Decr. Eccles. Gall. l. 5. tit. 15. Concil. Colon. An. 1536. c. de quarto. 1. modo reformandi Ecclesiam. other Councells it is apparant.

p. 2141. First, That by the Canon Law, no procurations are due, or ought to be payed to Archbishops, Bishops, Archdeacons, and other Ordinaries, unles they visit in person, not when they visit by the parties.

2. Secondly, That they ought personally, to visit every Church in their Diocesse, (not an whole Deanery, onelyonly at one Church, as now they doe without visiting the rest;) else it is not in truth a Visitation, for how is that visited, which is not so much as seene? and that no procurations are due from any Churches, which they doe not personally visit.

3. Thirdly, That where they visit many Churches in one day, there they ought to receave but procuration for them all.

4. Fourthly, That this procuration may be payd, either in money or provision, at the Election of those who are visited, it being onelyonly payd to defray the charges of their provision, and not as any fee, or duty.

5. Fiftly, That where the Bishop, Archdeacon, or Visitor, is entertained by any Minister or Gentl. and put to no expences for provision, there no procuration is due; nor yet ought to be required.

6. Sixtly, That no fees are due to Apparitors, or any other Officers attending those Visitors for any offences presented, inquired after or punished, nor for shewing of licenses, Visitation-Articles, or Churchwardens, presentements &c. but onelyonly the procu…ation it selfe, which ought to be no more then the Visitors necessary (not superfluous and idle) expences. This without all controversy is the Canon and Common Law to, as the Premises evidence? yet our Archbishops, Bishops, Archdeacons & other ordinaries (as if they visited onelyonly of purpose to fill their purses, and fleece both Ministers and people, as ppMathew Paris Hist Major. p. 794. 795 754 755. 756. 766. to 789 Antiquit. Eccl. …rit p. 18…. 186. 187.they have ever done,) take p. 215and exact procurations. 1. When they visit not in person, …ut by deputy, when none are due by Law. 2. Of such Churches, which they never personally visit. 3. Many pro…urations of every Church, within the Deanery for one dayes Visitation onelyonly. 4. Procurations in money, not in provi…on, and that more then will defray their necessary expences. 5. Procurations evenwhere they are entertained by the Mi…ister or some others, and are put to no expence.

Moreover, they and their Registers exact and demaund …cessive fees.

1. First, Of every Minister for shewing of his Letters of order and licenses, to preach sometimes 3. s. 6. d. sometimes 5. s. …here there is nothing due.

2. Secondly, Of every Schoolemaster and others for shewing …heir licenses, to teach Schoole, and the like as much.

3. Thirdly, OfqqSee Stephen Puckels Table of fees. Churchwardens and Sidemen for their …resentment, accompts, oathes, and the illegall Booke of Ar…icles, they sell them to present on 1. s. 6. d. or more.

4. Fourthly, Of the Parties there presented, cited, and cen…red; what ever they please to exact, some times 2. s. 3. s. or …ore.

5. Fiftly, Of Rurall Deanes, for their Oath, accounts, and office, (though imposed on them against Law, for the Archdeacons, and Apparitors case,) 6. s. 6. d. or more.

All these withrrSee Pucke… Ibidem. many others are meere extortions against Law and Canon; yet our Prelates, Archdeacons, and their underlings, both take and challenge them, as their due, excommunicating those, who refuse to pay them: Their Visitations (kept without any Commission or Patent from the King, in their owne names, for which they incurre a Premunire) being meere p. 216illegall oppressions, extortions, and deprevations on the poore Ministers and Subjects, as they have beene in all ages, (no Counsells, Canonists, Histories, or Authors ever mentioning them, but with a relation and censure of those manifold exactions, extortions, and oppressions which inseperably attend them)ssIn his Postill the Sunday before Easter p. 288. & non morum, sed nummorum visitatio, as Doctor Boyes out of the Centuries, and Sant Augustine concludes; Their extortions in their High-Commissions and Consistories, by their Chauncellors, Commissaries, Officials, Registers, Apparitors, Pursevants and other officers, are infinite and intolerable, not any one of them warranted by Law or Canon, fitter to be inquired after by the Commissioners for extorted fees, then here to be related, onelyonly I cannot but remember, that it is the ttSee Puckels Table, and Nicholaus de Clemangis, de corrupto Eccles. statu. c. 25. accor…ingly.Common practise of these harpies, to cite men into their Courts by their Apparitors, by a generall Citation, without expressing the cause in the the C…tation, for which they are summoned (whichuuNat. Brev. f. 41. A. Fitzherbert long since resolved to be an oppression; and against Law) or th… Party at whose suite they are summoned, if they appeare not there… then they excommunicate them for a contempt, and so must pay 4. or 5. s. for an absolution, though nothing be objected against them, if they appeare, then they must pay the fees of th… Apparitor and Court, to wit, 16. d. 2 s. 2. s. 6. d. or mor… sometimes, though no man appeare to object any thing against them and be dismissed, and if they refuse to pay their fees, (which are according as themselves please, to cease them sometimes 16. 18. 20. d. 2. s. or more) then they will not dismisse, but for ‡‡This was an Article objected against Bishop Farrar. Fox Act & Monuments p. 1404. Artic. 16.vexation and grave adjourne them to some other Court day, and if th… appeare not, they forth with excommunicate them, upon wh… they must pay terrible fees, or more for an absolution though Innocent. This is the common course and dayly practise of thei… Consistories, an extortion, oppression, and vexation so unjust, so frequent and greivous to the Subjects, (that I speak… not of their severall plots and devices, how to rayse fames of innocent men and women to bring them into trouble,) as th… they groane and languish under it, and now more then ever… In a word their extortions are so manifold great and greivous… p. 217thatxxOfficialis Episcopi ministerium damnatissima villicationis Credo, huj usmodi officiales non ab officio verbo mutasse vocabulum. Nam genus hoc hominum quod dicunt offici perdi &c. Si mihi credis, imò si credis in Deum relinque maturius officialis officium ministerium damnationis, rotam malorum spiritum vertiginis qui te ad inania circumvoluit miserare anima tua placens Deo, cui placere non potes, cum isto perditionis officio Epistola, 25. ad officialem Episcopi Car…retensis. Petrus Blesensis, Archdeacon of Bath (who notably deciphers and declaimes against them) derives the name of an Officiall, from the verbe officio, as it signifieth to hurt, calling it, an office of perdition, and damnation, in which whosoever continueth, must necessarily be damned and cannot be saved, whether our Prelates, Archdeacons, Commissaries, and all their under Officers, who thus fleece, oppresse and vex his Majesties Subjects by these their manifold extortions, and are (I dare say,) the greatest oppressors, and extortioners, and polers of them, this day living, (except their High-Commission, Purseuants, Registers, Goalers, Officers, who equall or exceed them,) ought not to be forthwith informed against in the Starchamber, and there deeply fined to his Majesty, (to the value at least of the fees, they have extorted) and deprived of all their offices, Courts, and places, for which they have no Patent, and so no right or Title; and whether this would not be a just and lawfull project, whereby the new Lord Bishop Treasurer, might and ought to procure his Majesty a great Masse of money, I humbly submit to the Iudgments of those, whom it most concernes, to looke thereto, & to take care to ease the Subjects of these extortions, which are now become an insupportable burden to the people. To these I might adde their pecuniary mulcts, fines, and penalties, for omitting, and negligent performing of their disorderly orders, to turne Communion-Tables Altarwise, and the like by which Device Doctor Peirce, now Bishop of Bath and Wels, and his Officers, (men as worthy to be brought into the Starchamber for their exactions as any of their Coate, to omit**The Bishop of Winchesters Chauncellour, who fined some Churchwardens, lately 6. s. …ayed for not altering their Communion-Table. Doctor Mason p. 218and others) extorted no lesse then 6. s. 8. d. of late in lesse then one quater of a yeare of many Parishes in his Diocesse. Their yySee Stephen Puckels Table of Fees.commutations of penance, (the money whereof they purse up themselves, whereas they should distribute it to the poore, or bestow it on other charitable uses) even in cases, where Penance ought no to be committed. Their extorting of money by**Which are meerely voluntary at the parties, not Iudges election, by the Canon Law, as Gratian. Can. 2 qu. 5 resolves. Purgations, Cumpurgaturs, and by granting licenses, to marry without asking banes in the Church which if marriages and licenses to marry, be meerely spirituall, as they pretent, (as if a license to preach, or receave the Sacrament,) is grosse Simmony, and so to be taken from them to prevent Simmony in them, which makes them zzSee Summa Angelica, tit Simmon. Irregularitas Iudex & excommunicatio.excommunicate, and irregular Ipso facto, uncapable to preach (which they seldome doe, and thefore need not much to value) to administer the Sacraments, give orders, or exercise any Ecclesiasticall Jurisdiction. If civill and temporall, then it belongs not to their Iurisdiction, but the Kings; and such temporall Officers, as hee shall authorize to grant them. But these, I pretermit, as fitte… for Commissioners or a grant Iury, to inquire after that, they may be punished, then here to discourse or treat of any further. OnelyOnly this I shall observe, that there are divers Commissions printed in the aaRegister part. 2. f. 1. l. 5. 126.Register, for inquiring after extortion, oppression, and exacted fees in officers, and for sequestring their offices, till the Inquiry fully made for the better examining, sifting out of their extortions. Yea I finde bbAntiquit. Eccles. Brit. p. 243.King Edward the 3. in his Proclamations against Archbishop Stratford, published to his Subjects, that hee remooved some great men from their offices and places, and imprisoned others of inferiour quality, who upon probable grounds were suspected of the ill administration, and subversion of Justice, the oppression of his Subjects, taking of bribes, exacting excessive fees, and other great offences, till these their offences weare fully examined, and inquired of least they injoying their accustomed liberty & offices, the execution of Justice should be supplanted by their subtility, and the inquisition of the truth deluded by their craftines. Whether our Prelates and their officers ought not thus to be suspended, imprisoned, and proceeded against, for their forenamed p. 219extortions, exacted fees, bribes, and oppressions, I referre to his Majesties wisdome and Iustice.

4.Against Bishops Visitation Oathes, and Articles and Presentm. on them, prooving them both against Law and Conscience. It is most perspicuous and apparent by the severall Statutes of 9. H. 3. c. 28. 51. H. 3. c. 14. 3. E. 1. c. 40. 6. E. 1. c. 8. 13. E. 1. at Westm. c. 43. 13. E. 1. Statute of Winchester, c. 1. 6. 13. E. 1. statute Merchant Articles of Inquisition, upon the statute of Winchester. 34. E. 1. statute of liberties, c. 6. 51. H. 3. statute of Escheators, 9. E. 2. statute of Scheriffes, 17. E. 2. c. 4. 1. E. 3. c. 8. and statute 2. c. 4. 5. E. 3. c. 2. 9. E. 3. of money c. 9. 15. E. 3. c. 3. 4. 18. E. 3. statute 3, The Oath of Iudges and Clerks of Chauncery, 20. E. 3. c. 1. 3. 25. E. 3. stat. 1. c. 5. 6. stat. 4. c. 1. and stat. 7. of levying the quindesme, 27. E. 3. stat. 2. c. 1. 15. 16. 23. 24. 26. 31. E. 3. stat. 2. 5. R. 2. stat. 1. c. 2. 12. 13. 14. 6. R. 2. c. 12. 9. R. 2. c. 3. 12. R. 2. c. 8. 13. R. 2. c. 7. 17. R. 2. c. 9. 4. H. 4. c. 10. 18. 20. 21. 1. H. 5. c. 6. 2. H. 5. c. 4. 6. 7. 4. H. 5. c. 2. 4. 2. H. 6. c. 10. 18. H. 6. c. 4. 10. 20. H. 6. c. 10. 23. H. 6. c. 2. 33. H. 6. c. 3. 5. 3. E. 4. c. 3. 7. E. 4. c. 1. 8. E. 4. c. 2. 12. E. 4. c. 2. 3. 17. E. 4. c. 2. 5. R. 2. c. 12. 14. 1. R. 3. c. 6. 25. H. 8. c. 22. 26. H. 8. c. 2. 31. H. 8. c. 14. 23. H. 8. c. 5. 28. H. 8. c. 16. 32. H. 8. c. 46. 33. H. 8. c. 22. 19. H. 7. c. 7. 1. Eliz. c. 1. 5. Eliz. c. 1. 13. c. 7. 27. Eliz. c. 12. 1. Jac. c. 9. 31. 3. Jac. c. 4. 7. Jac. c. 2. 6. 21. Jac. c. 7. 20. 33. 1. Car. 2. 1. 2. Car. 2. 1. and the Petition of Right, 3. Car. Wests presidents Tit. Chauncery, Sect. 34. 36. 39. 57. 58. 59. 61. with sundry other Statutes and Lawbookes, that no kindes or formes of Oathes can be made or imposed on his Majesties Subjects, nor prescribed to them in any new cases, but by Act of Parliament, onelyonly, that no Bishop or Subject whatsoever, have any power to make or injoyne any new Oathes or formes of Oathes, nor yet authority to administer an Oath to any man, without a speciall Commission from the King, under his great Seale, or some Act of Parliament, specially authorizing him, to give or take an Oath, unlesse in Courts of record in cases, where the Canon Law inables the Judge to administer an p. 220Oath by prescription, originally grounded on some Charter, or Commission from the King. The statute of Magna Charta c. 28. enacts, That no Bailiffe from henceforth, shall put any man to his open Law nor to AN OATH, upon his owne saying, without faithfull witnesses, brought in for the same. The equity whereof extends to the Bishops, though the words onelyonly to Bailiffes. The statute of Marlebridge 51. H. 3. c. 22. enacts, That none from henceforth may distraine from his freeholders, to answer for their freeholdes, nor for any thing, touching their freeholdes without the Kings writ: nor shall cause his freeholders to sweare against their wills; FOR NO MAN, MAY DOE THAT WITHOƲT THE KINGS COMMAƲNDEMENT, to wit, by the Kings speciall writ and Commission for that purpose.ccMatth. Par… Hist. Major. p. 438. An. 1236. Otho, the Popes Legate, in a Councell of London, made this Constitution, touching oathes in spirituall causes in Ecclesiasticall Courts, till that time not knowne, nor used in England, as appeares by the words of the Constitution, Iurisjurandum calumniae in causis Ecclesiasticis cujuslibet, ET DE VERITATE DICENDA IN SPIRITUALIBUS QUOQUE, ut veritas aperiatur facilius, & causae celerius terminentur, statuimus DE CAETERO PRAESTARI IN REGNO ANGLIAE, secundum Canonicas & legitimas sanctiones OBTENTA IN CONTRARIVM CONSVETVDINE NON OBSTANTE. A cleare resolution, that till that time the custome of England, and the Law of the Land was contrary, that they could not inforce any man to his Oath in such cases. After whichddMatth. Paris Hist. Major. p. 693. 694 whose words are th…se. Grosthead, Bishop of Lincolne, An. 1246. upon the suggestion of the Friers Predicants and Minorites, raged more then was meet or expedient against those of his Diocesse: making strict inquisition in his Bishopricke by his Archdeacons and Deanes, concerning the chastity and maners, p. 221as well of noble as ignoble, (upon oath,) to the enormious hurt and scandall of the reputations of many, eeQuod nunquam anteà fieri consueverat: saith the Author.WHICH HAD NEVER BEENE ACCƲSTOMED TO BE DONE BEFORE, The King hearing the greivous complaints of his people against these innovations, did thereupon by the advise of his Counsell and Courts of Justice, send a writ to the Sheriffe of Hertford in these words; Henry by the grace of God, King of England, &c. Wee commaund thee, that as thou lovest thy selfe, and all things that are thine, that thou from henceforth suffer not any Laymen of thy Balywicke, to assemble together in any place, at the will of the Bishop of Lincolne, or of his Archdeacons, Officials, or Rurall Deanes, to make any acknowledgments, or attestations upon their oath, unlesse in cases of Matrimony and Testament. ffMatthew Paris Hist. Major. p. 705.And the very next yeare following in pursevance hereof, the King (by Parliament) enacted, and commaunded these things, ensuing to be inviolably observed: That if any Laymen were convented before an Ecclesiasticall Judge, for breach of faith and perjury, that they should be prohibited by the King: And that the Ecclesiasticall Judge should be prohibited to hold plea of all causes against Laymen, unlesse they were of Matrimony and Testament. All which Matthew Paris precisely relates. Which Prohibition and statute nullified the Constitution of Otho; and hindred this his innovation: Whereupon, that insolent trayterly audacious martiall Archbishop of Canterbury, Boniface (‡‡Antiquit. Eccles. Brit. Bonifacius p. 185. better skilled in affaires of the Campe then of the Church,) An. 1256. (but nine yeares after this Prohibition and forenamed Statute,) published this peremptory audacious Constitution in affront of them both: Statuimus quod Laïci ubi de Subditorum peccatis & excessibus corrigendis per Praelatos & Ecclesiasticos Iudices inquiritur, AD PRAESTANDVM DE VERITATE DICENDA IVRAMENTVM, per excommunicationis se…tentias, si opus fuerit, COMPELLANTVR; Impedientes verò NE p. 222HVIVSMODI IVRAMENTVM PRAESTENTVR. (For the Iudges with many others then generally oppugned and hindred the ushering in of this innovation,) per interdicti & excommunicationis sententiam arceantur. To evacuate with exorbitant illegall Constitution (meant onelyonly of witnesses, not of Churchwardens, Sidemen, or strangers oathes, as theggLindew. Pro… in. Constit. lib. 2. De Iurejurando f. 80. Glosse of Lindewood, (who records it,) resolves in expresse termes,) trenching both upon the peoples Liberties and the Courts of Iustice too; the Iudges frequently granted out sundry generall Prohibitions, to all, or most of the Sheriffes of England; as is evident by thehhPars 2. fol. 36. b. 43. 50. Register of Writs; iiNat. Brev. f 41. A.Fitzherberts Natura Brevium; kkAbridgm. of Statutes. Tit Prohibuion. 5.Rastall, and others, commaunding the Sheriffes, to inhibite Bishops and their Officers, to cite Laymen before them, to take an oath in any cases whatsoever, except of Matrimony or Testament onelyonly; and not to suffer the people to appeare before them to take such oathes; Which Prohibitions runne in these words. The llRegister pars 2. f. 36. Nat. Brev. f. 41. A.King to the Sheriffe greeting; Wee commaund thee, that thou permit not, that any Laymen henceforth come together at the Citation of the Bishop, or his officers, in any place, to make any recognitions, or to take an oath, unlesse it be in case of Matrimony and Testament; Upon which Prohibitions, this Attachment followed: The King to the Sheriffe, greeting: Cause such a Bishop to put in suerties to appeare before our Justices &c. to shew cause, why hee made certaine Lay-persons to be summoned and distreined by Ecclesiasticall Censures, to appeare before him at his pleasure, to take an oath against their wills, IN GRAVE PRAEIVDICIVM CORONAE ET DIGNITATIS NOSTRAE REGIAE, NEC NON CONTRA CONSVETVDINEM REGNI NOSTRI, to the Greivous prejudice of our Crowne and dignity, and also against the custome of our Kingdome, &c. Which Prohibitions and Attachments were usuall, as appeares by Rastalls Abridgment p. 223of statutes, Prohibition. 5. where a larger forme of Prohibition and Attachment is recited; commaunding the Scheriffes of s…verall Counties, that they suffer not, that any Laymen in their Balywicke come together in any places, to make any recognisances by their oathes before Bishops or Ecclesiasticall Judges, except in causes of Matrimony and Testament. The Statute of 2. H. 5. c. 3. recites, that the Ecclesiasticall Court in that time could cite men (to sweare,) onelyonly in cases of Matrimony and Testament. And the Statute of 2. E. 6. c. 13. concerning Tithes, enacts, That if any man refuse to pay his personall Tithes, that then it shall be lawfull for the ordinary of the same Diocesse, where the party dwels, to call the said party before him, and by his discretion to examine him, by all lawfull and reasonable meanes, concerning the true payment of the said personall Tithes, OTHER THEN BY THE SAYD PARTIES CORPORALL OATH. For that was neither lawfull, nor reasonable, the Ecclesiasticall Court, having no power to administer oathes, but in case of Matrimony and Testament, and no man being by Law or equity bound to accuse or bare witnesse against himselfe: the true reason, why the Parliament inserted this clause, and a direct Parliamentary resolution, that Ecclesiasticall Iudges can enforce no man to sweare, nor not a witnesse, (much lesse as a party,) except onelyonly in case of Mariage and Wills; nor constraine any man in any case to take an Ex officio oath to accuse himselfe: Which Ex officio oathes are for ever exploded by the Petition of Right, 3. Caroli; that mentions this among other great greivances, contrary to the Lawes, and statutes of the Realme, and the Subjects Liberties and Rights; That of late d…vers Commissions were directed to sundry Commissioners in severall Counties, by meanes whereof the people had beene in divers places assembled, and required to lend certaine sommes of money to his Majesty, and that money of them upon refusall so to doe have had an oath administred un o them, (to answer to certaine Interrogatories, which the Commissioners should demaund of them Ex officio to accuse themselves, and others,)**All Oathes not warranted by the Lawes and Statutes of the Kingdome are there adjudged to be if voyd and contrary to the Subjects liberties, but all Ex officio and all other Oathes, except onelyonly in cases of Mariage & Testament, ministred by the High-Commiss. & all other Ecclesiasticall Iudges, are such; there being no law or statute, that prescribes or warrant them. Therefore they are meerely voyd contrary to the Lawes & statutes of the Realme, and to the Sub ects Liberties and for ever deploded by this Statute. not warrantable by p. 224the Lawes and statutes of this Realme; whereupon they there pray as their Rights and Liberties, according to the Lawes and statutes of this Realme; That no man be hereafter called to make answere, or take SƲCH OATH, or be confined, or otherwise molested, or disquieted, concerning the same, or for refusall thereof. (A fatall blow to all Ex officio oathes and Proceedings, for men to answere to Articles, to detect, accu…e themselves, or others used by our Prelates & High-Commissioners,) To which the King gave this Royall answer in Parliament; Let right be done as is desired; adding moreover: that his Maxime is; that the peoples Liberty, strengthens the Kings Prerogative, & that the Kings Prerogative, is to defend his peoples Liberties. And I doe here declare, that those things, which have been done, wherby men had some cause to suspect the liberty of the Subjects to be trencht upon, shall not hereafter be drawne … example for their prejudice. And in time to come (in the word of a King,) you shall not have the like cause to complaine. The King and Parliament therefore here publikely declaring, resolving that Ex officio Oathes, for men to answer to questions and Articles to accuse themselves, are not warrantable by the Lawes and statutes of the Realme; but contrary thereto, and to the Subjects Rights and Liberties though warranted by speciall Commissions and instructions under the great Seale; is a most pregnant resolution, that the High-Commissioners and Bishops Ex officio oathes and Articles in criminall things, being of the selfe same nature and quality with them, andmmSee the Petition of greivances th…n printed. formerly adjudged to be against the Lawe; the statutes of the Realme, and the Subjects Liberties in the Parliament, of 7. Jacobi, and in the Kings Bench and Common Pleas, as the premises evidence, are directly against the Lawes and Fraunchise of the Land, the Rights and Liberties of the Subject, and that no man ought henceforth to be called before the Prelates, High-Commissioners, or any others, to take such oathes, or to be confined, imprisoned, disquieted, or otherwise molested, concerning the same, or for refusall thereof; and that their Commission to administer such oathes, (made since this Parliamentary resolution, and the Kings owne Royall promise in Parliament, p. 225even in the word of a King, that they should never hereafter be drawne into example unto his Subjects prejudice, &c.) is in this particular illegall, and meerely voyd in Law, no man being bound by Law to accuse, arraigne, or give in evidence against himselfe upon his oath, in any criminall Ecclesiasticall cause whatsoever by any Law or Statute, either of God or man, as the premises manifest. From all which Statutes, Lawes, Prohibitions, and premises, it is apparant.