Of the Prelates Intolerable Usurpations, Part (3 of 4)

Of the Prelates Intolerable Usurpations · Part (3 of 4)

p. 2251. First, That no Ecclesiasticall or temporall Iudge, Archbishop, or other Ecclesiasticall person, can prescribe or make any new forme of oath, nor yet impose an oath in any cases, but in such as the Statutes and Common Law of the Realme have allowed, and authorized them to doe it; and that no new forme of oath may or ought to be framed or imposed in any new case, but by speciall Act of Parliament, Yet our Archbishops, Bishops, Archdeacons, and their Officials, like so many Popes or Parliaments, take upon them both to make, print, promulge, and impose new formes of oathes on Churchwardens, Sidemen, and other his Majesties Subjects, in their Visitations and Consistories in their owne names, and by their owne, authority; as appeares by all their late printed Visitation Articles, and Consistory proceedings; and that in cases where they have no authority to doe it, either by Statute or Common Law.

2. Secondly, That no Ecclesiasticall Iudge, Archbishop, Archdeacon, Commissioner, or Officiall, hath any power or authority in point of Law, to administer an oath, or compell men to sweare in any criminall Ecclesiasticall cases or matters, within their Jurisdiction, (especially the parties themselves,) but onelyonly in cases of Testaments and Mariage, and that a Prohibition, yea an Attachment lyes against them, in case they cite or force any man to take an oath before them in any other cause. Yet all our Ecclesiasticall Iudges, Prelates, Archdeacons, Officials, and High-Commissioners, in contempt of all the premises, p. 226dayly administer oathes to his Majesties Subjects, and by Citations, Excommunications, and imprisonments oft times, compell them to sweare and take an oath, not onelyonly in causes of Matrimony and Testaments, but likewise in criminall, and all other Ecclesiasticall causes, comming before them; and that not onelyonly as witnesses, but likewise as informers, to accuse, to detect themselves and others upon captious and ensnaring Articles.

3. Thirdly, That no Ecclesiasticall Iudge, Prelate, Officer, or any other Subject whatsoever, hath any power or lawfull authority to administer, or impose an oath upon any Subject, unlesse hee hath an expresse Act of Parliament enabling, or Commission under the great Seale of England, authorizing him to doe it. Yet our Archbishops, Bishops, Archdeacons and other Ecclesiasticall Iudges and officers, without any such speciall Act of Parliament or Commission, presumptuously take upon them to administer oathes to his Majesties Subjects in all cases whatsoever, as their owne fancies and wils direct them; to the great vexation and oppression of the people, the encrease of perjury, rash oathes, and common swearing; the perdition of many soules, and the advauncement of their owne usurped Antichristian Iurisdiction, in prejudice and derogation of his Majesties Ecclesiasticall Prerogative; though no Archbishop or Bishop, could so much as administer the oa…h of supremacy, or allegiance to any Minister or person, (though tending to the preservation of his Majesties person, and Prerogative Ecclesiasticall, and the Republikes safety) without a speciall Commission under the great Seale, authorizing him, as is evident by the Statutes of 28. H. 8. c. 10. and 1. Eliz. c. 1. till the‡‡See 3 Ia. c. 4. 7. Iac. c. 6 Statute of 8. Eliz. c. 1. enabled them, and others for to doe it, … expresse clause without such a speciall Commission. If therefore they could not administer this oath to any without speciall Commission, till enabled thereto by Act of Parliament, much lesse can or may they administer any other.

p. 2274. Fourthly, That all oathes Ex officio in criminall causes for men to accuse, or detect themselves, are directly contrary to the Lawes, Statutes and Customes of the Realme, and for ever abandoned by the Petition of Right; and that no Prelate, Ecclesiasticall Iudge, or High-Commissioner, may or ought to compell, or enforce any man to take such an oath, or excommunicate or imprison any man, for refusing to take the same. Yet notwithstanding our Prelates, and High-Commissioners, trampling all the forecited Lawes and Premises under their feet, dayly cite and compell men to take Ex officio oathes, to accuse and betray themselves and others; excommunicating,**Witnes the Seperatists and old Mr. Wharton of late imprisoned, onelyonly for this cause, and one Mr. Iones a Minister. yea imprisoning at the first, all such, who out of Law or Conscience refuse to take them; to the intollerable oppression, greivance, vexation of his Majesties Subjects, and the infringement of their just, ancient Rights and Liberties.nnIohn. 18.19.20.21.22.John 18:19John 18:20John 18:21John 18:22 When our Saviour Christ was convented before the High-Preist, and there asked by him of his Disciples and of his Doctrine; Jesus answered him, I speake openly to the world, I ever taught in the Synagogue, and in the Temple, whither the Jewes allwayes resort, and in secret have I said nothing, why askest thou me? aske them which heard me, what I have said unto them: behold they know what I said. And when hee had thus spoken, one of the officers which stood by, stroke Jesus w…th the palme of his hand, saying: Answerest thou the High-Preist so? Jesus answered him, If I have spoken evill, bare witnesse of the evill, but if well, why smitest thou me? If any of Christs Ministers be convented before our Bishops or High-Commissioners, concerning his Disciples and Doctrine, and shall answer them as Christ here doth the High-Preist, and in his words, refusing to accuse or detect himselfe and them, they are so farre …sting satisfied with our Saviours owne, and this their an…w…, as the High-Preist was; that they and their officers will use them, as the High-Preists officers did our Saviour, saying; Answerest thou the High-Preist, Archbishop, Bishops, and High-Commissioners so? and send him forthwith to prison, as obstinate ad seditious persons, and experience dayly testifieth: p. 228so farre worse and unreasonable are our Prelates, and High-Commissioners growne, then the Iewish High-Preist, who convented our Saviour; and such a capitall offence is it now a dayes reputed, for Christs faithfull Ministers to follow this their Masters example; in so much, that one wittily make this Quaere o in a printed Booke, dedicated to Queene Eliz. If Christ himselfe were now a live on earth, and convented before our High-Preists and Commissioners, as hee was before the Jewes High-Preist, and there asked by them of his Disciples and Doctrine, and should give them the selfe same answer, as hee did to him; to which of the prisons hee should be committed by them for it. Whether to the Kings Bench, the Clinck, the Fleet, Marshallsey Counter, or Gatehouse? (For to one them hee should surely be sent;) they committing Master Bambridge, Master Johnson, and sundry other Ministers, for giving them the selfe same answere, even in our Saviours words, when they were asked by them, of their Disciples and Doctrine, and refused to take an oath to accuse themselves, as our Saviour here did.

5. Fiftly, That all our Bishops, Archdeacons, and their Deputies, Visitation oathes, are directly unlawfull, against the Lawes, the statutes of the Realme, and Liberties of the Subject, which I would wish, that insolent, audacious Prelate, Doctor Wien, Bishop of Norwich, and his Visitors, to consider; who in his Visitation Articles, printed An. 1636. Ch. 6. Sect. 9. hath inserted this extravagant new Article of Inquiry for Churchwardens, to present any one upon oath: Hath any man, that you know, or have heard of, by speech or writing, or upon the assertion of any other man affirmed, (whether within or without his Diocesse it matters not,) That men ought not to take the office, or the oath of a Churchwarden, or of presenting at the Bishops Visitation? Or that the said oath is unlawfully given them: Or that being taken, it is but of course, and bindes them not, nor need to be regarded: Or that (the said oath notwithstanding) it is free for them to make inquiry, nor to answer, but to doe what they list, and to leave out and p. 229passe by whom they will, and what they will in their presentments? Threatning at the end of the Articles, That if (their oath and all his advertisement) notwithstanding any Churchwardens or sworne men, shall follow the customary maner, and be carelesse in inquiring and presenting as they ought, or shall not make a distinct answer to every of his Articles (being in all 139.) and to every thing thereof, as farre as they know, or have heard of any offence; that upon information and proofe otherwise had, they shall be called to answer their willfull perjury, (unjustly occasioned by this willfull Bishop himselfe) in some other course of justice, for neglecting to inquire or present to all the particulars herein proposed: Though these oathes in these ensuing respects, be altogeiher unlawfull, yea ungodly and Antichristian.

1. First, Because they are neither made nor prescribed by any Act of Parliament, but onelyonly by the Bishops and Prelates themselves, without any lawfull authority.

2. Secondly, Because, they are out of cases of Matrimony and Testament, wherein onelyonly Ecclesiasticall Iudges can administer an oath by the Common and statute Law, and so they have no coulor of Authority or Iurisdiction, to impose and make such oathes, being point blanke against the Lawes, Statutes and Customes of the Land, and forecited Prohibitions.

3. Thirdly, Because they have no Letters Patents, nor Commission from his Majesty, under the great Seale, to administer or impose such oathes.

4. Fourthly, Because they administer them in their owne names and right (in which the likewise print and publish them,) not in his Majesties, nor by his authority, contrary to the Statute of 1. Eliz. c. 1. and their oath of supremacy and allegiance.

p. 2305. Fiftly, Because the Articles which they force Churchwardens and others to present upon, by vertue of these Visitation oathes, are utterly unlawfull: contrary to the expresse statutes of 25. H. 8. c. 14. 19. 21. 27. H. 8. c. 15. 3. and 4. E. 6. c. 11. 12. 13. Eliz. c. 12. with sundry other statutes, yea contrary their owne Canons, 1603. Can. 1.2.12. and King James Letter Patents before them; being set forth and published in their owne Right and names alone, without the Kings authority, License, and confirmation under his great Seale, and the Assent of the Convocation and‡‡4. E. 1. c. 5 18. E. 3. c. 2 Stat. 2. H. 4 c. 15. 2. H. 5. c. 7. Eadmerus Hist. Nov. l. 3. p. 67. & Ioannis Seldeni Spicil. Ibid. p. 177. 31. H. 8. c. 14. 32 H. 8. c. 15. 26. 38. 35. H 8 c. 16. 36. E. 3. c. 8. 2. H. 5. Stat. 2. c. 2. Parliament, without which no Articles, Canons or Ecclesiasticall Constitutions can be promulged, to binde the Commons and Laity, as these statutes with others resolve.

6. Sixtly, Because these oathes, are directly contrary to the oath of Supremacy and allegiance, tending to erect a usurped Ecclesiasticall Iurisdiction, not derived by Letters Patents from his Majesty, nor exercised in his name and Right, or by his Royall authority: and to subject his people thereunto; contrary to the Statutes of 25. H. 8. c. 14. 19. 20. 21. 26. H. 8. c. 1. 27. H. 8. c. 15. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. to theirppCan. 1. & 12. owne Canons, 1603. and contrary to their duty and allegiance to their Soveraigne.

7. Seavently, Because they are contrary to the Canon Law it selfe, and are but late encroachments. The first that ever attempted to administer an oath in Visitations, wasqqHist. Maj. p. 693. 694 Grosthead, Bishop of Lincolne, An. 1246. before which time Mathew Paris recordes, it was never used here in England; and thereupon a Prohibition was directed to the Sheriffe of Hertford, to prohibite all Laymen to take any such oath, by the King, his Judges and Counsels speciall direction. Whereupon such oathes were never afterwards administred till Bishop Bonners time; the Canonists themselves resolving, that Visitors ought to visit without administring any oath. HencerrSumma Angelic. Tit. Visit. 2. See Gratian. causa 2. qu. 51. Angelus de Clavasio, a famous Canonist, p. 231flourishing about the yeare of our Lord 1480. expresly resolves, that Bishops and Visitors in their visitations, ought to in…ire of those things, which belong to their office, without oath, and …action; inducing the people to reforme those things that are amisse, …eth by wholsome counsailes, and by gentle perswasions, or reproofes, …s they shall thinke meet. And our great English Canonist William Lindewood, about the yeare of our Lord, 1424. (though … grand advancer of Episcopall Iurisdiction within this Realme,) determines positively:ssProvinc. Const. l. 1. De Constitutionibus exterior habitus. Sect. Inquirant. f. 13. a. That Archiepiscopall, Ep…scopall, Archidiaconall visitations (which hee calls solemne preparatorie Inquisitions,) are regularly made in generall, ET SINE EXACTIONE IVRAMENTI, and without the exaction of an oath. If this be not sufficient, hee addes more…ver:ttDe Iurejur. l 2. c. Evenit f. 80. b. That from the beginning, when a generall Inquisition is made in visitations, NON DEBET EXIGI IVRAMENTVM, no oath ought to be exacted, by which any one may be constrained to detect another mans secret sinne and offence; yet after such time, (CRIMINA SINE IVRAMENTO RETINENTVR,) …at such crimes are presented without oath, to be corrected, the Inquisitor may then exact an oath, (ad praestandum de veritate Testimonium,) of witnesses to give testimonie to the truth; but not of Churchwardens, or Sidemen, to present any upon oath. Which joynt resolution both of Angelus De Clavasi…, and Lindewoode, not very many yeares before Bonners visitation, …re not onelyonly an unanswerable evidence, that visitation oathes, and Articles of Inquire and presentments upon oath, are direct…y unlawfull, as well by the Canon, as the Common Law; but likewise a grant Argument to manifest, that the Popish Hellhound, Bishop uuFox Acts & Monum. p. 1338.Bonner, was the first that used, or imposed any such Oathes and Article…, these Canonists not long before concluding them unlawfull in point of Law, and unusuall in point of practise, as the first words of Lindewood, (solemne preparatorie Inquisitions, are regularly made in generall, and without the exaction p. 232of an oath) insinuate. In all thexxSee Fox Acts and Monuments p. 999. 1000. 1001. 1181. 1182. Queen Eliz. Injunctions, with Articles to be inquired of in the first yeare of her raigne, printed Cum Privilegio, An. 1559. Articles of Inquiry and Injunctions, published by King Henry the eight, King Edward the 6. or Queene Elizabeth, and given in charge by their Visitors in their generall visitations, I finde no forme, nor mention of any oath, administred to Churchwardens, or any other, as there is in all Archbishops, Bishops, and Archdeacons Articles of inquiry, lately printed: therefore questionlesse they administred no oath, though they visited by Commission from the King himselfe. How then dare they now to enjoyne and make such Visitation oathes as they doe, when as the Kings owne immediate Visitor did it not? In all theyy36. H. 8. pars 13. the Patent to Robert, Archbishop of Yorke. 5. Edw 6. pars 1. the Patents to Ponet, Scory, and Coverdale, with others. Licenses and Letters Patents made to Archbishops, Bishops, and others by King Henry the 8. or King Edward the 6. authorizing them to keepe Consistories and Visitations, and Inquiry of all Ecclesiasticall offences, there is no word or intimation that they should doe it upon oath, nor any Commission given them to make, or administer oathes to any.

Therefore no doubt their visitation Inquiries were without oath, else they would have had some clause or other in their Patents to inquire upon oath. In thezzFox Acts & Monum. p. Articles of Cardinall Poole, in Queene Maries dayes, for his Archiepiscopall Visitation, there is no mention of any oath to be administred to Churchwardens, Questmen or Sidemen. In the Canons made in Convocation, and printed 1571. there is not one word of an oath, nor any form of oath, prescribed for Churchwardens, or any others to take, or Bishops to administer: Yea in the Booke of Canons, made in Convocation, An. 1603. there is no forme of oath prescribed, inserted, nor constituted for Churchwardens, Questmen, or Sidemen to take before their presentments; and the 113. and 114. Canons ordaine, that Ministers may present offences without oath; why not Churchwardens then as well as they? TheaaFox Acts & Monuments p. 1338. first man I reade of, who administred an oath of Inquirie in any Visitation kept in England, was that bloody butcher of Gods Saints, and Antichristian bandogge, Edmond Bonner, Bishop of London; wh… upon the eight day of September An. Dom. 1554. upon the comming in of Queene Mary, began his Episcopali Visitation, and p. 233therein charged 6. men in every parish, to inquire, according to their oathes, (which hee had purposely framed and administred to them,) and to present before him, the day after Sant Matthewes being the 23. of September, all such persons, as either had or should offend in any of his Articles, which hee had set forth to the number of 37. (the first Articles, that ever any Bishop durst set forth in England, bbAntiquit. Eccles. Brit. p. 334. 335.except 5. Articles, published at Paulus Crosse by Archbishop Bourgchiers commaund, An. 1455. to be inquired of in his Archiepiscopall visitation, but not upon oath, for ought appeares.) Never did any English Bishop, that I read of, administer any oath of inquiry before this bloodsucker Bonner; a fit Author for such an Antichristian Romish innovation; not seconded (for ought I finde,) till Archbishop Bancroft his Metropoliticall visitation, who Anno 1604. published visitation Articles in print, to be inquired of upon oath; whose footsteps our Archbishops and Bishops since have followed, yea and**See this Oath before Dr. Pashes visitation Articles, a very large, strict and strange one. Archdeacons too, who now both make and print oathes and Articles usually in their owne names, to be taken and inquired of in their visitations every yeare without feare or shame, (though they incurre thereby dd25. H. 8. c. 19. 21. 1. E. 6. c. 2. 3. and 4. E. 6. c. 11.a Praemunire,) as if each of them were a King and Parliament, to make and prescribe what oathes and Lawes they pleased, in contempt and Derogation of the Kings Crowne and Dignity, and of the Lawes, the customes of the Realme, which prescribe or warrant no such oathes or Articles; as the Prohibition formerly mentioned, and the Petition of Right expressely resolve.

8. Eightly, These visitation oathes are unlawfull, because they make a direct Alteration of the Common Law, in enforcing an oath on the Subjects in such cases, where the Law saith, they ought not to take an oath, and so bring in a bondage both upon their Consciences and persons, binding their soules over to damnation by reason of the sinne of perjury, and their persons to infamie, Ecclesiasticall Censures, mulcts, excommunications, and by consequence, to imprisonment upon a Capias p. 234Excommunicatum, contrary to the expresse Statute o… Magna Charta, c. 29. That no man shall be taken, imprisoned or any way outlawed, or destoyed, but by the Lawfull Ju…gement of his Peeres, and by the Law, (that is, the Common and Statu… Law) of the Land: Nowee11 H. 4. 37 Brooke Praemunire, 14 25. H. 8. c. 14. 19 21. 27. H. 8 c 15. 35. H 8 c. 16. 20. H. 3. c. 9. 3. & 4. Ed. 6. c. 11. 6. H 7. c. 4. 10. H. 7. 23. a. neither the King himselfe, nor th… Pope, nor the Archbishops, Bishops and Clergy in Convocation nor yet the King and they together, (much lesse then every Archbishop, Bishop, or Archdeacon in their severall visitations, can alter the Common Law, or deprive the people, either of the Liberty of their Consciences or persons, or make that an offence of an high nature, which by the Law before was none: (All or eithe… of which aff20. H. 3. c. 9. 25. H. 8. c. 14. 21. The Petition of Right, 3. Caroli. Parliament onelyonly is able to doe, by a generall unanimous consent both of the King and Realme,) Therefore they ca… neither make nor impose any oath in their visitations, this being the true ground, why ggRegister, part. 2. f 36. b. Fitz. Nat. Bre. f. 41. a. Rastall Abridgment of Statutes, Prohibit. 5.a Prohibition lies at Common Law, to inhibit all such oathes.

9. Ninthly, Because such oathes are directly contrary to the ancient Rights and hereditary liberties of the Subject, as i… resolved in the Petition of Right that all oathes are, which are n… warranted by the Lawes and Statutes of the Realme; (which Rights and Liberties every goodggGal. 4.31. and c. 5.1. 1. Kings, 21.2.3.Gal 4:31 Subject is bound in Conscience to maintaine against all unjust encroachments,) and because they tend to the erection and supportation of an Antichristia… Episcopall tyranny over the very consciences and soules of men… not warranted, but directly oppugned, both by the Lawes o… God, and the Realme, and to bringing in of such a meere arbitrary Hierarchicall domineering power, as will make**See Rodericke Mors his complaint to the Parliament. ch. 23. 24. every Bishop an absolute Pope, and as much, as a King and Parliament, to enact, what Articles hee will; and doe what hee list of hi… owne head, without consent, either of King and Parliament… For these oathes are onelyonly for the maintenance and executin… of those Articles, which the Bishops and their officers set o… and print in their owne names, by their owne bare authority contrary to the Lawes and Statutes of the Realme, the King p. 235Supremacy and Subjects Liberties; devised of purpose to in…hrall and captivate both Churchwardens, Sidemen, and all other his Majesties Subjects under them; to bring the whole Realme into a meere servitude and vasallage, to every Bishops …leasure; to bring in what Ceremonies, Religion, Rites, or In…ovations soever they list without opposition, and enforce all to submit unto them, though directly contrary to Gods word, the Doctrine established in our Church, and the Statutes of the Realme. Now what good Subject or Christian, in point of Conscience can submit to oathes devised and pressed for such dangerous purposes, or directly tending to the introducing and propagating of such an exorbitant Episcopall tyranny?

10. Tenthly, Because these oathes are directly against the …ery ii1. Cor. 13.4.5.6.7. Ephes 4.31 32. c. 5.1.2 15. Rom. 1.29.30.31. Phil. 4.8. Iam. 3.10. to 18. c. 4.11.12. Gal. 5.13.14.15.20. c. 6.1.2. 1. Pet 1.22 c. 2.1.2 12 15.16.17. 2 Tim 3.1.2.3.4.5. Col. 2.12.13.14.15. 1. Pet. 4.8.1 Cor 13:41 Cor 13:51 Cor 13:61 Cor 13:7Eph 4:31Rom 1:29Rom 1:30Rom 1:31Phil 4:8Jas 3:10–18Gal 5:13Gal 5:14Gal 5:15Gal 5:201 Pet 1:222 Tim 3:12 Tim 3:22 Tim 3:32 Tim 3:42 Tim 3:5Col 2:12Col 2:13Col 2:14Col 2:151 Pet 4:8Rules of charity and law of God; especially as they are now …sed: For the Articles, which are now adayes exhibited to Churchwardens and Sidemen to present on, by vertue of their oathes, without any favour, affection, or partiality to any person, whatsoever that is within their dangers, are meere kkPsal 1 19 110. Psal. 140.5. and 141.9. and 142.3. and 38.12. and 64.5. Ier. 5 16. c. 18.22. Ps. 10.9. Hab. 1. c. 15. Mar. 12.13. Luke. 11.54.Ps 1:19Ps 140:5Ps 141:9Ps 142:3Ps 38:12Ps 64:5Jer 5:16Ps 10:9Hab 1Mark 12:13Luke 11:54snares: and trappes, to intangle all good Ministers and people; and bring them into trouble in the Bishops Consistories, even for their conscionable and faithfull discharge of their severall ministeriall, or Christian duties, and their opposing, or not using of those Popish Superstitions, Ceremonies, Rites, Innovations, or Romish Arminian Doctrines, which they canno… submit to, use, or not oppose, even in point of Conscience; as their severall late Articles publikely man fest. Now what good Christian can, or dares take an oath, to present (upon such wicked Articles as now are usually published, his owne faithfull, painefull, conscionable Minister, his godly Christian Neighbours, kindred, brethren, freinds, that are most neerely lincked to him, to draw them into trouble, either to the losse of liberty, living, goods, p. 236(yea all of them oft times,) and that onelyonly for their well doing, at least for that, which is not apparently evill? Is this Christianity? Is this charity? Is this Religion? or rather the very fullfilling of our Saviours praediction, Matth. 10.17.21. But beware of men, for they will deliver you up to the Councels, and they will scourge you in their Synagogues: and the Brother shall deliver up the brother, and the Father the childe, and the children shall rise up against their parents: llLuke 21.16.Luke 21:16And ye shall be betrayed both by parents and Brethren, and kinsfolke and freinds? Certainely the Godly Martyrs of old would never have taken such an oath, nor presented on such Inquisition Articles as these: For as they generally mmFox Acts and Monum. p. 951. 956 957. 960. and other places forequoted.refused and declaimed against the oath and proceedings, Ex officio, to accuse and detect themselves, administred to them, by tyrannicall and bloodthirsty Popish Prelates, as Antichristian and illegall; so they utterly denied to accuse, detect, present, or informe against any of their Christian Brethren and Ministets unto the Bishops and their officers, as a worke more proper for the Devill, (the accuser of the Brethren, Rev. 12.10.) then themselves, whose office they would not usurpe. Hence our worthy Martyr,**Fox Acts & Monum. p. 487. 488 See 495. 496. to like purpose. William Thorpe, being examined before Thomas Arundell, Archbishop of Canterbury, An. 1407. refused, first of all to sweare by, or on a Booke, or to take an oath, before hee was informed what it was, hee should sweare to. And the Archbishop requiring him to sweare in all Diocesse where he came, to forsake and oppose the Sect of the Lollards, and to publish them and their names, and make them knowne to the Bishop of the Dioces, or his Ministers, (the very oath in effect, that Churchwardens now take,) hee hearing these words thought in himselfe, that this was an unlawfull asking, and deemed himselfe cursed of God, if hee consented hereto; and then spake thus to the Archbishop: Sir, if I consented to you thus, as yee have here before rehearsed to me, I should become an appealer, or every Bishops espie, sent over all England. For, and I should thus put up, and publish the names of men and women, I should herein deceive full many persons; yea Sir, as it is likely by the doome of my conscience, I should herein be the cause of p. 237the death both of men and women, yea both bodily and ghostly. For many men and women, that stand now in the way of Salvation, if I should for the learning & reading of their beleife, publish them therefore up to the Bishops, or to their unpiteous M…nisters, I know some deale by experience, that they should be so distroubled, and diseased with persecution, or otherwise, that many of them (I thinke) would rather chuse to forsake the way of truth, then to be travailed, scorned, slaundered, or punished, as Bishops and their Ministers now use, for to constraine men and women, to consent to them. But I finde in **Let Churchwardens & Sidemen, who take an oath to present their godly Ministers & Christian Brethren upon Bishops illegall Visitation Articles, consider this well.no place of holy Scripture, that the office that yee would now enfeoffe me with, accordeth to any Preist of Christs Sect, nor to any other Christian man: and therefore to doe this, were to me a full noyous bond, to be bonden with and over-greivous charge. For I suppose, that if I thus did, many men and women would, yea Sir, might justly to my confusion say to me, that I were a Traytor to God and to them: since (as I thinke in mine heart,) many men and women trust so mikle in my cause, that I would not for saving of my life, doe thus to them. For if I thus should doe, full many men and women would (as they might full truly) say, that I had falsely, and cowarly forsaken the truth, and slaundered shamefully the word of God. For if I consented to you to doe here, after your will, for boncheife, or mischeife, that may befall me in this life, I deeme in my conscience, that I were worthy herefore to be cursed of God, and also of all his Saints: for which inconvenience, keep me and all Christian people, almighty God, now and ever for his holy name. So**Fox Acts & Monum. p. 1872. John Lithall, An. 1558. being questioned before the Chauncellor both concerning himselfe, and some others, that hee knew; answered, If you have any thing to lay to my charge I will answer it; but I will have no other mans blood upon my head: refusing to accuse or detect any other. Hence also our famous MartyrnnFox Acts & Monum, p. 1023. 1024. John Lambert, being pressed upon his oath, to detect his fellowes, that adhered and resorted to him, denied that hee knew any such ad… ents in the matters objected to him: But though I did, (saith hee) I would not, (except I knew that charity so required, which I doe not finde yet hitherto) detect, or betray any …ne of them, for no mans pleasure. SoooFox Acts & Monuments p. 1108. 1109. John Warbecke, Martyr, p. 238being both by threats and allurements oft times urged to detect his other Christian Companions and their secrets to the Bishop of Winchester, absolutely refused to discover or accuse any of them, though hee might thereby have procured his liberty and saved his life, in somuch, that Winchester said thus to his men, when hee came from Masse: This is a marvelous Sect, for the Devill cannot make one of them to betray another. SoppFox Acts & Monuments p. 1646. 1651. 1660. Master Philpots fellow prisoners, refused to sweare or give any testimony at all against him, neither would they accuse themselves upon Articles Ex officio, tendred them to answere to upon oath: Neither would Master Philpot himselfe discover his freind, that wrote a Letter to him, which came to the Bishops hands, though hee were urged to doe it, telling the Bishops, that they should never know of him who wrote it; neither would hee answere upon oath, to the articles Ex officio administred to him, to entrap him. SoqqFox Acts & Monuments p. 1843. 1844. 1845. Cuthbert Simpson, Martyr, Deacon of the Christian Congregation in London, though tortured and racked in the Tower, in a most cruell barbarous maner, would not discover any of those that came to the English Service: And being after articled against, so being at assemblies and conventicles, where a multitude gathered together, to heare the English Service, and receave the Sacraments, and to discover, whether hee did not read service there, & app…oove those things. Hee answered to this, that hee was not bound to answer to this article as hee beleived. If these Martyrs seeme factious and Puritannicall to our Prelates, I shall desire them to remember, that Master Hutchinson in his booke, intituled The Image of God, printed Cum privilegio, 1552. f. 40. recordes out of other Histories, That one Firmius, Bishop of Tagusta, when the Emperor sent his Officers, to search after a certaine Christian man, whom hee had hidden; hee being inquired for him, said, hee would not deny, but that hee had hidden him, because of lying; but that hee would never betray him; for which answer hee was greivously pained and to tured: but no paine could cause him to disclose where the man was. Whereupon the Emperor marvelling at his stedfastnes and fidelity, delivered him: whose fact hee highly magnified. Moreover this p. 239hath beene not onelyonly the constant practise, but likewise the Doctrine of our Martyrs, that one Christian ought not to accuse, detect or betray another, unlesse it be for some notorious Error, crime, Heresie, vice, or capitall offence, which is rrIn his Workes. f. 172. b. 179. b.Master Tindals expresse Doctrine, andssPage, 481. 482. 539. 951. 956. 957. 960. 1006. 1022. 1023. 1108. 1109. 1125. 1164. 1179. 750 751. 753. 754. to 764 1224. 335 1382. 1643. 1646. 1651. 1660. 1777. 1778. 1792. 1796. 1813. 1814. 1815. 1843. 1844. 1872. 1873. 1934. Master John Fox his assertion too, in sundry places of his Acts and Monuments; yea thettGratian. Caus. 16. Quest. 5. c. Non frustra. Cauf. 22. Quest. 4. Summa Angel. Accusation. 4. Iuramentum 3. Sect. 7. & 5. Sect. 7.23. Canonists themselves affirme upon record, that no man ought to be compelled to accuse another, nor yet to take any oath, to that end or any other, unlesse it be for the publike good in lawfull causes, the advancement of Gods glory, his owne, or his neighbours benefit, and that all oathes tending to the praejudice or corporall hurt of himselfe or his neighbour, or against any positive, or publike lawes, are unlawfull, and no wayes binding, yea utterly to be refused. And Pope Cornelius himselfe confesseth, Nos Sacramentum ab Episcopis nescimus oblatum, NEC VNQVAM FIERI DEBET, NISI PRO RECTA FIDE: & Sacramenta incanta fieri prohibemus, Wee never knew any oath administred by Bishops, neither ought it to be administred, but onelyonly for the right faith, in point of purgation, when one is publikely accused, or Haeresie; and wee prohibit inconsiderate oathes (as all visitation and Ex officio oathes are) to be made or administred: Which Decree of his, (inserteduuCausa 2. Quest. 5. by Gratian, into the body of the Canon Law,) utterly subverts all visitation oathes, which antecede all accusations, and are not made or given in cases of purgation, concerning the orthodox faith. These visitation oathes, therefore being thus directly contrary to the positive Lawes and Statutes of the Realme, the publike good of Religion; the Rules of Christian charity, and purposely to ensnare men in the Bishops traps, for the advauncing p. 240of their owne usurped Antichristian Iurisdiction, and of such ill beginning and dangerous consequence, no good Christian, or Subject, can or ought to take them, but utterly to withstand and refuse them as illegall, in all these respects, as they were adjudged in Master Whartons case, by Sir Edward Cooke, and all the Judges of the Kings Bench, in the third yeare of King James: who being Churchwarden of Blackefriers Church in London, and excommunicated, and imprisoned upon a capias excommunicatum, for refusing to take an oath, to present upon visitation articles, was upon a Habeas Corpus brought by him, discharged by the whole Court, both from his imprisonment and excommunication: because the oath and articles were against the Lawes and Statutes of the Realme, and so might and ought to be refused: Which oath now commonly runnes in this forme:xxSee Bishop Laudes, Bp. Mountagues, Bp. Wrens, and other Bishops & Archdeacons visitation Articles. You shall sweare that you and every of you, shall duly consider, and diligently inquire of all and every of these articles given you in charge: and that all affection, favour, hatred, hope of reward and gaine, or feare of displeasure or malice set a side, you shall present all and every such person, that now is, or of late was within your Parish, or hath committed any offence, or made any default, mentioned in or any of these articles, or which are **This clause was not in their oathes, till now of late.vehemently suspected, or defamed of any such offence or default, wherein you shall deale uprightly and fully, neither presenting nor sparing to present any, contrary to truth, having in this Action **Had they God before their eyes, they durst not take such an Oath, as this to bring Custome to the Prelates will, and ensnare their godly brethren with their owne Soules and Consciences.God before your eyes, with an earnest Seale to maintaine, truth and to suppresse vice. So helpe you God and the holy contents of this Booke.

11. Finally, These visitation oathes, ought utterly to be abandoned, because they are an ordinary occasion of very much perjury; there being scarce one man that takes them, that either can or doth sincerely and fully di charge them, the Articles and p. 241severall clauses of them, being so various for matter, so numerous for multitude, so opposite to Law, and the Oath of Allegiance, as appeares by Bishop Wrens late Articles. As therefore the Fathers and others upon Matthew and James the 5. with some of our owneyyFox Acts & Monuments p. 495. 460 461. Martyrs generally condemne all Booke Oathes, with the enforcing of men to sweare, unlesse in cases of great moment and absolute necessity, to avoyd the danger of perjury, both in the swearers, compellers, and officers that give the Oath, aszzBibliothecae Sanctae. l. 6. Annot. 26.7.433.434.435. Sixtus Senensis, hath largely manifested out of the Fathers owne words: And as the second Synod of Cabilonium, under Charles the Great, An. 813. c. 13.14.18. inhibits men to be constrained to take an oath in causes of Tithes, by reason of the danger of perjury, in these ensuing words: Qui vero decimas post crebras admonitiones & praedicationes sacerdotum dare neglexerint, excommunicentur; IVRAMENTO VERO EOS CONSTRINGI NOLVMVS PROPTER PERICVLVM PERIVRII: and likewise prohibits Ministers to take, and Bishops to give any oath of Canonicall obedience for the same reason, in these termes: Dictum est intereà de quibusdam fratribus, quòd eos, quos ordinaturi sunt, jurare cogant quod digni sint, & contra Canones non sint facturi, & obedientes sint Episcopis, qui eos ordinat, & Ecclesiae in qua ordinantur, QUOD IVRAMENTVM, QUIA PERICVLOSVM EST, OMNES UNA INHIBENDVM STATVIMVS. Though both these oathes tend to the advauncement of the Bishops Iurisdiction and profit. So by the selfesame reason, these visitation oathes must needs be concluded to be unlawfull, intollerable, (and those Ex officio too, in which men are over prone, rather to perjure then betray themselves,) because they are the occasion, not onelyonly of much, rash, and inconsiderate p. 242swearing, but of much perjury likewise,aaHosea 42.3. which makes the whole land to mourne, and precipitates many into hell, who might have lawfully and with much comfort have refused them, as contrary both to the Lawes of God and man.

To mention all the particular encroachments of the Prelates upon the Subjects Liberties, besides those here forecited, were an endles worke; requiring rather many folio volumes to comprise them, then a breife Epitome, unable to containe them, wherefore pretermitting them till some fitter occasion, I shall close up this Breviate, with a summary relation of tho…e penalties, which our Prelates and their Officers have incurred by them, not so much in respect of the particular persons, they have injured and oppressed; who may right themselves by Prohibitions, Actions of the case, False imprisonments, and Inditements, according to their severall cases, even at the Common-Law; as in regard of his Majesty, whom they have most injured and affronted, who may justly proceed against them for these their exorbitances and encroachments, either by Indictements in the Kings Bench, or by Informations in the Starchamber, or by Attachments of their bodies, and seisure of their temporalties, or else by a Praemunire, the most proper remedy, as the ensuing Presidents and Law cases will demonstrate. InbbSee likewise 22. H. 8. c. 15. 3. & 4 E. 6. c. 11. 1. Eliz. c. 1. 5. …liz. c. 1. 27 Eliz c. 2 23 Eliz. c. 1 & Fitz. & Brooke. Tit. Praemunire. Rastals Abridgement of statutes, Title Provision and Praemunire, wee may see, as in a Mapp, how all those who shall purchase Provisions or Bulls from Rome, or derive any Ecclesiasticall er temporall Authority thence, or shall exercise any Ecclesiasticall Jurisdiction, or Authority hy his owne inherent, or usurped power, or by any forraigne or domestique Ecclesiasticall authority, not derived from the King, by Letters Patents, or sue any man for temporall things, determinable in the Kings temporall Courts, before any ordinary or spirituall Judge, or attempt any thing meerely against the Kings Crowne, and regality used and approoved in the time of his progenitors, shall or ought by Law, to incurre a Praemunire, for all and every of these misdemeanors, as the severall Acts there cited, proove at large. p. 243Which our Law Bookes thus second: In 5. Ed. 4. 6. Fitz. Praemunire 5. and Br. 12. Cromptons Jurisdiction of Courts, f. 97. a. it is agreed, that if a man be sued and excommunicated in the Bishops Court, for a thing which appertaines to the Common Law, that a Praemunire lieth: for the words of the statute of Praemunire are, If any sue in the Court of Rome, or ELSEWHERE, which is intended in the Bishops Court; and so saith Fitzherbert, it was then adjudged, as also Pasche, 11. H. 7. which himselfe heard and observed. So Sant Germin, in his Booke called Doctor and Student, l. 2. c. 24. 32. f. 106. 119. and Br. Praemunire, 16. accord; That if any man sue for a Lay thing in the spirituall Court, which belongs not to Ecclesiasticall Jurisdiction; as for debt against executors on a simple case, especially if hee be excommunicated, may sue a Praemunire facias, as well against the party that sued him, as against the Judge, and hee ought to be assoyled gratis, 21. E. 3. 60. a. Cromptons Jurisdiction of Courts, f. 97. a. and Br. Praemunire 21. If a Bishop visits or intermedle with a donative, which is a Lay thing, (as the Archbishop would now visit the Colledges of Cambridge, all of them Lay things and corporations, many of them of the Kings ancesters Royall foundation, and ‡‡Register, pars 2. f. 40 b Cookes Instit f. 344. a. 25. H. 8. c. 21.so exempt from Archiepiscopall, as well as Episcopall visitatation, and the residue having their peculiar Visitors, appointed by their Founders, by the Kings ancestors speciall license, and so not to be visited by any other,) hee incurres a Praemunire by it; as did Barlo, Bishop of Bath, and Welles in the time of King Edward the 6. for visiting the Deane and Chapter of Welles, and depriving the Deane; and William Bateman, Bishop of Norwich, for visiting the Abathie of Sant Edmonds Bury, **Ioannes Anglicus Hist. Avi…e. c 49. & Catal. Cauncellarior. &c. in Academia Cant. Aula Trinitat.for which temporalties were seised into the Kings hands, and hee fined 30. talents of gold to the King, amounting to no lesse then three thousand poundes: And the Archbishop of Canterbury questionlesse hath done now by visiting sundry Donatives and Peculiars, as Archbishop of Canterbury onelyonly, not as the Kings Visitor, Anno 44. Edw. 3. 36. Br. Praemunire, 5. If a Vicar leave his Vicaridge, for yeares or life rendring rent, and sue in the Ecclesiasticall Court for the rent, a p. 144Praemunire lyeth, because the rent reserved is a Lay thing: So 10. H. 7. 9. Fitz. Imprisonment, 28. The Bishop of Durham, punished his Clerkes in a Praemunire, for suffering a man, to sue in his spirituall Court for temporall causes. In 7. H. 8. Keilway, 183. 184. Doctor Standish was cited and convented before the Convocation for affirming, that the exemption of Clergy men from temporall Jurisdiction was not De Iure Divino;ccSee 25. H. 8. c. 14. 22. E. 4. c. 5. 36 E. 3. c. 8. accordingly. that positive Ecclesiasticall Lawes and Constitutions bound none but those, who voluntarily received them: that the studie of the **Note this.Canon Law was to be rejected, because it controlles Divinity it selfe, whose hand-maid it is. That Laymen might without sinne punish any Clergy men, by reason of the negligence of the Prelates; and that so litle of the volume of the Decrees did bind Christians, and no more then one might hold in his fist, upon this Citation, all the Judges of England, the Kings Councell; spirituall and temporall, and divers of the Parlialiament met together at Black friers: where after full debate of the cause on both sides, they all joyntly and fully resolved, that all those of the Convocation, who had their handes in a warding the said Citation against Doctor Standish, for maintaining the Kings temporall Jurisdiction, wherein the case of a Praemunire facias: Anno 1514. Richard ddHalls Chro. f. 50. Keilway. f. 182. a. Fox Acts & Monuments p. 737. 738Hunne, a Marchant-Tayler in London, by the advise of his learned Councell at Law, pursued a Praemunire facias against Thomas Drifeild, Clerke, person of Sant Mary Matsilon, for suing him in the spirituall Court, for his childs Bearing-sheet as due unto him for a Mortuaris, and likewise against all his ayders, proctors, councellors and abbetters; which when the rest of the Preistly order heard of, they greatly disdaining, that a Lay-man should enterprize such a matter against any of them: and fearing also, that if they now should suffer this Preist to be condemned at the suit of Hunne, there would be thereby ever after a Liberty opened to all others; and that this might proove a fatall blow unto them; to prevent this eminent danger, they maliciously accuse this Hunne, unto Richard Fitz James, Bishop of London, who to satisfie the revengefull bloody affection of his Chaplaines convented him to the Lollards Tower at Paules, where by Doctor p. 245Horsies the Bishops Chauncellours, and other his adversaries procurement, hee was cruelly murthered and strangled to death, the storie, carriage, and proofes, of which barbarous murther are at large recorded by Master Fox. eeHalls Chro. f. 184. 190. 195. Fox Acts and Monuments p. 959.Anno 21. H. 8. Cardinall Woolsey, in the ruffe of his pride and power, was upon the complaint of the Lords attainted in a Praemunire, for exercising Ecclesiasticall Jurisdiction by a power Legantyne, not by a power derived from the King: and for causing the Cardinalls Hat to be put on the Kings coyne: whereby hee forfaited all his lands, tenements, goods, and chattels to the King, and was thrust out of his office of Lord Chaunsellour, and out of Court and favour to his ruine. And the whole Clergy, with all the Prelates, spirituall Judges, Vicars generall, Chauncellours, Commissaries, Officialls, Rurall Deanes, and all other their Ministers, who ever supported and maintained his power Legantine, were likewise every one of them in a Praemunire, for consenting and submitting thereunto; whereupon the spirituall Lords were called into the Kings Bench, to answer thereunto: but before their day of appearance, they in their Convocation concluded an humble submission in writing, and offered the King an hundred thousand pounds to be their good Lord, and also to give them a pardon of all offences, touching the Praemunire by Act of Parliament; the which offer with much labour was accepted, and their pardon promised: In this submission the Clergy called the King supreme head of the Church of England; which thing they never confessed before. Ʋpon this their submission, and the grant of an **Master Fox saith 118840. p.hundred thousand poundes to the King, to purchase their pardon, their pardon was granted them in Parliament, as the statute of 22. H. 8. c. 15. declares.

Our Prelates and Officials now exercise an Ecclesiasticall Jurisdiction, if not by a power Legantine, yet at least by a usurped authority of their owne, in their owne names and rights, without any Patent or Commission from the King under the great Seale, and they stamp and coyne the Kings Ecclesiasticall proces, (as much his by Law as his coyne,) with their owne names and Seales too, having commonly a Bishops Miter p. 246in or over them (a greater offence then the Cardinals stamping onelyonly his Cardinals cap on the Kings coyne,) and all the Clergy of England have submitted to this their power, proces, proceedings, and many Laymen too. Why then all our Prelates and their Officers should not now be attainted in a Praemunire, for these their intollerable insolencyes, and proceedings, to the losse of their Bishoprickes, lands, goods, chatles, liberties? and why all those Clergymen and others, who have willingly submitted to, and maintained this their usurped Iurisdiction and Proceedings without resistance, should not likewise redeeme their exemption from a Praemunire, at treeble the rate that these Clergymen did, (their livings being treeble theirs in value?) I see no cause in Law, Iustice, or Conscience, Hill. 25. H. 8. Coram Rege, Rot. 15. Richard Nyx, the blinde Bishop of Norwich, was attained in a Praemunire, and judgement given against him, that hee should be out of the Kings protection, and his tenements, goods, and chatles, forfaited to the King, and his body taken and imprisoned, during the Kings pleasure, for citing Richard Cokerall, Major of Thetford, and Robert Fykes, and William Huet of the same Towne, to appeare before him in his Consistory, to answer to some Articles, concerning the meere Salvation, & Reformation of their Soules; and enjoyning them under paine of Excommunication, to call before them a Jury, which had presented before them a Custome of the said Towne; That the Tenants of the King, and of the Duke of Lancaster inhabiting within the same; by an ancient custome time out of minde, should not be drawen into any Court Christian, for any spirituall cause, but onelyonly for the Deane of Thetford; and that if any person should prosecute any of them, or serve them with any Citation out of any other spirituall Court, hee should forfaite 6. s. 8. d. for the same, and to cause them to revoke, and disanull this presentement in open Court, to the manifest contempt of the King and his Lawes, and the derogation of the Jurisdiction, and prerogative of his Royall Crowne, in intermedling both with persons exempt, and for things done legally before them in a temporall Court. This Bishop was likewise fined for this his contempt, and the Glasse p. 247windowes of Kings Colledge Chapple in Cambridge, (as Catalogus Cancellariorum, &c. in Academia Cantuariensi, Collegium Regis testifieth) glased with this his fine. Not long after this Trin. 36. H. 8. Rot. 9. William Whorewood, the Kings Atturney, exhibited a Bill of Praemunire, against Arthur Bulkley, Bishop of Bangor, and John Lewes, alias Vaugham, Vicar of Llan-Geyn-wyn, and Llandgaffe, who were both attainted in the same Praemunire, and like Judgement given against them, as against Bishop Nix. The case, as it appeares by the record it selfe, was this; King Henry the eight, being Patron of the Parish Church of Llan-Geynwyn, and Llandgaffe, in the County of Anglice, the 10. day of Iuly, in the 34. yeare of his raigne, presented one John Gwynoth Clerke, being his Chaplaine, thereunto; who after his institution and induction sold unto Reeswyn, Peter Could and others of the said Parish, the 23. day of July in the foresaid yeare, divers parcels of Tithes after they were severed from the ninth part for 21. p. to be payed upon their severall bands at a certaine day: and albeit, (so runne the words of the said Bill of Praemunire.) all Plees of Debt; Quare impedit, and of Trespasse for taking away of Tithes severall, from the ninth part, Quare non admissit, Quare imcumbravit; and of Right of the Advowsons of Churches, and the Conuzans of all such plees happening within the Realme of England, belong to our Soveraigne Lord the King, his Imperiall Crowne and dignity, and not to the Roman, or any other Court Christian, or to any Prelate or Ecclesiasticall person, and ought to be examined, tried, and judged in the Court of our Lord the King, and not in any Court Christian by the Lawes and Statutes of this Realme, albeit such Actions have beene often and unjustly impetrayted and prosecuted in the Courts Christians, within this Realme of England, by the Popes Law, and some other Constitutions, Ordinances and Canons, Provinciall, or Synodall, formerly made and provided in the times op the Bishop of Rome, and by the Ecclesiasticall Court, within this Realme of England; not onelyonly prejudiciall to the Imperiall and Royall Prerogative of our Lord the King, and repugnant to the foresaid Lawes and Statutes; but likewise very burthensome and derogatory p. 248to the King and his Subjects, and contrary to the Statutes of our foresaid Lord the King, and of his Kingdome of England anciently claimed, used and usurped, in derogation and prejudice of the Lord our King and other his Royall Progenitors. Yet notwithstanding the said Arthur, Bishop of Bangor, not ignorant of the premises, and indeavouring not onelyonly to deprive our present Lord the King, his Crowne and dignity, of his foresaid Imperiall Jurisdiction, and to subvert and utterly overturne the foresaid laudable Lawes and statutes; but likewise to extoll, maintaine, support, and promote the said ancient usurped Jurisdictions, and famed power of the Bishop of Rome, and of his See, and of the Ecclesiasticall Court: and craftily to deprive, deceave, and injure the said John Gwynoth of the Rectory of the said Church, of his said summe of 21. p. and other the premises, and alleadging that the Patronadge and profits of the said Church did belong to him, and not to the King, nor to the said John Gwynoth, the 30. day of July, in the foresaid yeare, did draw the foresaid right and Patronadge, Debt, and suite of Tithes, before him into his Court Christian, being within his Diocesse, and did likewise grant out a proces of Excommunication, written and sealed with his ordinary Seale, and directed and caused the same to be delivered unto the foresaid John Lewes, alias Vaughan Clerke, Vicar of the said Parish, commaunding him by the said Proces openly and publikely in the presence of the parishioners of the said Parish, and of others, to excommunicate the said Reesewyn, Peter Could, and others, and to exclude them from all Tithes and Services, and to renounce them from the said parish Church; contrary to the due allegiance of the said Bishop; and contrary to the Imperiall Crowne and Dignity of the said Lord the King, and contrary to the forme of the foresaid Lawes and statutes. By pretext of which proces the foresaid John Lewes no wayes fearing the said statutes and Lawes, but ayding and asseting the said Arthur, Bishop of Bangor, in his foresaid offences, and in the execution of his said unjust and execrable proces on the 6. day of August, being the Lords day, the said 34. yeare in the Parish Church of Llan-Gwin and Llandgaffe aforesaid, the said John Lewes, did then and there, about 10. clocke in the forenoone p. 249of the said day, apparlelled and adorned to celebrate Masse, standing at the High-Altar, within the said Church, and turning himselfe to some of the parishioners there present, openly and publikely with a loud voyce, then and there declare and pronounce, the said Reesewyn, Peter Could and others, to be excommunicate, & to be excluded from all Divine Services; and did then and there commaund them to goe out of the said parish Church, or else hee would not celebrate Masse; By reason of which premises the said Reesewyn, Peter Could, and others being excluded and excommunicated from all Divine Service, departed out of the said Church, and so continued, expulsed, and excommunicated, untill they by the Mandate of the said Bishop, within the Diocesse aforesaid, upon the 15. day of August in the foresaid 34. yeare, appeared before the said Bishop, and by coaction of the said Bishop, and before hee would absolve them, were constrained to seale and deliver divers written obligations to the use of the said Bishop, for the foresaid Tithes, formerly sold unto them in maner & forme aforesaid, by the saith John Gwynoth, and the foresaid Arthur, Bishop of Bangor, and John Lewes have thus unjustly don, all the premises, formerly objected against them, with all their might in the foresaid maner and forme, to the manifest enervation, adnihilation, and derogation of the Imperiall Jurisdiction of our Lord the King, and the subversion of the foresaid Lawes and statutes, and also to the extolling, maintaining and promoting of the said ancient usurped Jurisdiction, and feined power of the Bishop of Rome, and of his See, and of the Ecclesiasticall Court, and to the great dammage of the said Reesewyn, Peter Could and others, and in contempt and prejudice of the said Lord our King, and also in derogation of the Imperiall dignity, Jurisdiction and Prerogative of his Royall Crowne; and contrary to the forme of the foresaid statutes and Lawes. Thus the record it selfe relates the case: upon which both the Bishop and Vicar were attainted, and such Judgement given against them, as in other cases of Praemunire. By which two notable records, and the forequoted Lawbookes, it is apparant, that the Prelates encroachments upon the Kings Prerogative Royall or Subjects Liberties, either by advauncing or reviving p. 250the Canon Law, and Popes Decrees; (as our Prela… and their Officers now every where doe, which appeares b… their practises, speeches, late introduced Popish Ceremonie… of bowing to Altars, and at the name of Iesus, turning Communion Tables into Altars, and placing them Altar-wise aga… the East end of the Quires, standing up at Gloria Patri, and t… Gospell, praying towards the East, and such like superstition… prescribed onelyonly by Popish Canons, with some late printe… Civill ‡‡Ridly with others.and Canon Law Bookes, and Calibute, Downing h… Discourse of the state Ecclesiasticall of this Kingdome, Oxon. 1634 with M…ster Shelfords 5. Treatises, Cambridge, 1635. and the … owne late printed visitation Articles, everywhere aboundantly evidence,) or by making, publishing, and promulging, b… their owne power an Authority, onelyonly without the approbatio… and consent of King and Parliament, new Canons, Articles… Ordinances, Constitutions, Rites or Ceremonies, contrary t… the Lawes and Statutes of the Realme, different from thos… prescribed in the Booke of Common Prayer and Homi…ies (a… all our Prelates, Archdeacons and their Officials now dayly doe… in their Visitations and Consistories,) or by holding plea o… things properly belonging to the Kings temporall Courts o… Iustice in their Ecclesiasticall Courts, (as they dayly doe, no… among us in cases of prescription for Tithes, maner of Tithing… enforceing of men, to proove wills, deviding Landes of Inheritance, by witnesses in their Courts, and not in Chauncer… Actions of Battery, and of the peace betweene man and wise… by way and under the name of Alimony, sequestring of me… goods and livings, and depriving Ministers of their freeholds i… cases not warrantable by Law, fining of men for contempts … and impleading them for Debts, Trespasses, Defamations, ar… other offences, punishable onelyonly at the Common Law, a… by divers late devices, to engrosse into their hands the Tryals … rights and Patronadges, gleabe lands, Tithes, and the like; b… collaterall strange pretences, and putting both Ministers an… Laymen from their callings, being their freeholds, and livelyhood, p. 251as they have done many of late, contrary to the Com…on and Statute Law;) or by hindring, stopping, or com…lling men by excommunications, or otherwise, to give over or release their suites at Common Law; by staying the course of Prohibitions and Canon Law, Iustice against their unjust proceedings, (as our Prelates and their Officers have lately done with a most insolent and high hand, both by frequent complaining against the Iudges for granting Prohibitions to their Courts, in cases not appertaining to them, where they have beene usually granted in all former ages; in conventing and troubling them for the same, before the King and Councell, where themselves are a great party, and beare sway in threatning and worying them, that they dare not grant Prohibitions; in excommunicating; fining, persecuting and imprisoning both in their Consistories and especially in the High-Commissions, (the cheife use whereof is now onelyonly to advaunce, protect, and defend their owne usurped Ecclesiasticall Episcopall Iurisdiction, power, extortions, exactions, innovations and to crush all such, who any where dare oppose, or prosecute them for the same in any of his Majesties temporall Courts, a thing well worthy his Majesties, his Counsels and Iudges most serious consideration;) all those who oppose their desperate Innovations, and dangerous late insolent encroachments, upon his Majesties Prerogative Royall, his Lawes, his temporall Courts of Iustice, and his Subjects Liberties, and either sue for Prohibitions, or indict them, or bring their Actions of the case, or false imprisonment against them at the Common Law, to releife themselves against their injustice and incroachments, enforcing them b… threats, power and unjust vexations, excommunications, censures, imprisonments, stop of their Legall proceedings, by threatning: (and imprisoning) their Councell, Soliciters, At…nes, Iudges, and other such violent and unjust meanes, to give over, or release their Actions against themselves, and their Off…cers, as appeares by the late cases of Master Huntly, Master Smart, Stephen Puckell, Master John Clober…, the p. 252Churchwarden of Ipswitch; and a Gentlewoman of Devonshire, neare Totnes, **9. Caroli. Mistris Blaughten against Doctor Martyn.who brought an Action of the case in nature of a conspiracy against the Commissary of Totnes, even for rayling a fame of incontinency of her, and then persecuting her in his Court for the same, onelyonly because shee refused to marry him; which foule practise being fully prooved by sundry testimon…es at the Assises of Exeter, 9. Caroli, upon a full hearing, and the Jury thereupon giving her great Dammages; the Judge by this Commissaries, and the Archbishop of Canterburies meanes, was sent for before the Councell Table, and there so ratled and shaken up by the Archbishop for suffring this just cause, (which much concerned the Church as was pretended,) to proceed, that hee protested, hee was almost choaked with his lawne sleeves, and forced to stay the returne of the Postea, so that the injured and oppressed Gentlewoman could have no judgement upon her verdict, and was constrained to relinquish her suite. Such is our Prelates Iustice and zeale to defend the very knavery of their Officers; or by keeping their Courts, Consistories, and making out their proces, citations, excommunications, probates of wils, letters of administration, writs of Jure Patronatus, and so forth in their owne names, and under their owne Seales, not his Majesties, (as our Prelates and their Officials alwayes doe:) or by excommunicating his Majesties Subjects, without just and Legall cause, and in undue maner, (as our Bishops and their Officers dayly doe,) are for all and every of these encroachments, within the danger and compasse of a Praemunire. Our present Prelates and their Officers therefore being deeply guilty of all and every of these usurpations, and encroachments, both upon the King and Subject, are in all and every of these respects within the verge of a Praemunire, which they more justly deserve then either these, or any other of their Predecessors ever did, all circumstances of persons and times duely considered; and therefore I trust shall not escape what they so well demerit.

These writs of Praemunire, being the cheifest curbs to restraine p. 253the Prelates, Clergies and their Officers encroachments, …mbitious disloyall Antichristian usurpations, practises and designes, the cheife security, both of the Kings Prerogative Royall, the Subjects Liberties, and the Common-Law, against Innovations and treacherous underminings, have beene alwayes so irkesome and distastfull to their aspiring domineering practises, that they have oft times both by Petitions, perswasions, pollicies, bribes and threats, endeavoured to suppresse them, that so they might play Rex in every place without controle, and captivate both King and Subjects to their pleasures, yea engrosse the conusans of all plees and Actions by Degrees into their owne hands and Courts, as they did for the most part all temporall offices, the better to play this prize. In the yeare of our Lord 1439. after the burning of Richard Wicke, Martyr, Henry Chichesly, Archbishop of Canterbury, called a Convocation, wherein was propounded among the Clergy, to consult with themselves, what way was best to be taken for the remooving away of the Law of Praemunire facias, by reason whereof the Churchmen at that time were greatly molested, and also by other the Kings Writs and indictements, to their no small anoyance. After long consultation and good advisement, at last this way was taken, that a petition or supplication should be drawen and presented to the abolishing of the foresaid Law or Praemunire facias, and also for the restraining of other writs and indictements, which then seemed to lie heavy upon the Clergy, and to the end, that the said Petition might take good effect, the whole Convocation granted the King a tenth before the Delivery thereof, and likewise promised, that they would most apply, furnish and assist him to their power with supplies, if hee would abrogate those hard Lawes of Praemunire, wherewith the Clergy were oft times caught and entangled as in unjust snares, and sometimes upon unjust occasions, as they pretended. This Bill being thus contrived, and exhibited by the Archbishops of Canterbury and Yorke, to the King, then standing in need of a Subsidie to be collected by the Clergy, this answer was given to the supplication in King Henry the 6. behalfe, being then but 19. yeares of age; that p. 254when the King came to full age, hee would take care, that the Clergy should not be urged with such hard Lawes and Actions; but in the interim hee could not conveniently change the Lawes that were formerly made: and for so much as the time of Christmas then drew neere, whereby hee had as yet no sufficient leisure to advise upon the matter, hee would take therein a further pause, in the meane time, as one tendring their quiet, hee would send to all his Officers and Min…sters within his Realme, that no such breife of Praemunire, should passe against them, …r any of them from the said time of Christmas, till the next Parliament. This Antiquitates Ecclesiae Britannicae p. 323. and Master Fox Acts and Monuments, p. 645. record, whose words I have conjoyned: After this, the next Parliament ffAntiquit. Eccles. Brit. p. 326. 327. 328.following, the whole Clergy of England, assembled in Convocation, petitioned the King, against the Judges and Lawyers, for confining them and their Courts onelyonly to causes of Tithes, Matrimony and Testaments, both by prohibitions and writs of Praemunire, if they went but one inch beyond their bounds and Jurisdiction; which penalty of a Praemunire did exceedingly terrifie and perplex the Prelates, in which if they were convicted, they forfeited all their goods and were to be perpetually imprisoned; informing the King how they strained the words of 16. R. 2. c. 5. (That if any purchase or pursue, or doe to be purchased and pursued in the Court of Rome, or ELSEWHERE, any such translations, processes, sentences of excommunications, bulls, instruments, or any other thing, which touch the King, against him, his Regality, his Realme &c.) even to their Ecclesiast…call Courts; desiring, that the King and Parliament, would be pleased to interpret the word ELSEWHERE, not of their Courts, unlesse where they proceeded against the Kings expresse prohibitions; and that they might not have their Ecclesi…sticall Jurisdiction so restrained with Prohibitions and Praemunires, and that the temporall Judges might incurre a Praemunire …o… for encroaching upon their Ecclesiasticall Jurisdiction and causes, as well as they for encroaching upon th… temporall Jurisdiction and causes; But this Petition likewise had …ll successe, and the Judge, proceeded and interpreted the word p. 255ELSEWHERE, of their Consistories Ecclesiasticall, as beforeggAntiquit. Eccles. Brit. p. 336. An. 1463. The Clergy in Convocation petitioned King Edward the fourth to like purpose, who granted them to hold plea of Tithes, of wo…de… above 20. yeares grouth, without incurring a Praemunire; but for holding plea of temporall causes, or of things of which they had no lawfull conusant, a Praemunire still lay against them as before, as sundry presidents and authorities forequoted, with others testifie,hh16 R. 2. c. 5. lib. Intrationum. f. 24. Admiralty 3. f. 465. Admiral. 1. as it doth for suing in the Admiralty for any cause triable at the Common Law in any of the Kings Courts of Westminster. By the very Common Law it selfe, if a Bishop hold plea in his spirituall Court of Lands, Debt, Rapes, or any thing belonging to the temporall Courts of the King, or not within the compasse of his spirituall Jurisdiction, an Attachment upon a Prohibition lieth against him for it; in which the party greived shall recover his Dammages against him, and hee himselfe shall have his temporalties seised into the Kings hands, if not his body imprisoned; and though no Prohibition were de facto delivered to him, yet an Attachment well lieth, because the Statutes and Common Law themselves are a Prohibition in this case, all which hath beene frequently resolved by 21. E. 3. a. 10. 11. a. 38. 40. 28. E. 3. 97. a. 30. E. 3. 11. 39. E. 3. 7. M. 11. E. 3. Fitz. Attachment, sur Prohibition 8. 13. Hill. 33. E. 3. Fitz. Ibid. 14. Pasc. 20. E. 3. Excommengement. 9. 8. E. 3. 49. 40. E. 3. 17. 50. E. 3. 10. 9. H. 6. 56. 51. 19. H. 6. 54. 1. H. 7. 18. 2. H. 7. 8. Fitz. and Brooke Tit. Attachment, Sur Prohibition. Bitz: Nat. Brev. f. 40. 41. 42 43. with sundry other Law Bookes. Why this Attachment likewise should not lie, as well as a Praemunire, against our Bishops, Archdeacons and their Officers, for their exorbitant proceedings, both in their Consistories, Visitations, and High-Commissions, and intermedling in such causes, whereof they have no lawfull conusans or Iurisdiction, I yet see no ground or reason: I find in 21. E. 1. in the plees of the Parliament plac. 17. and in Dorso Glaus. 21. E. 1. in. 3. that John Archbishop of Yorke Excommunicated, and thereupon imprisoned William of Willicon, and John Romain servants to the Bishop of Duresme, p. 256(during the Bishops absence) in the Castle of Duresme, for a temporall thing, not belonging to Ecclesiasticall conusans, to wit, the Custody of certaine Lands, to which the Archbishop pretended right; the Archbishop refusing to absolve and deliver them, they thereupon complaine against, and sue him in Parliament; where the cause was pleaded and debated at large: at last upon great deliberation it was resolved by the whole Parliament, that the Archbishops Excommunication of them for any temporall matter was a contempt of the King, to the disherison of his Crowne and Dignity: and thereupon the Archbishop by the whole Parliament, though great mediation and freinds were used in his behalfe, was adjudged to be imprisoned, and to submit himselfe to the King, and fined 4000. markes, (a great summe in those times:) whereupon using many and great Freinds to the King, to pacifie him for this offence, hee voluntarily came in, and made his submission for the same, and acknowledged a recognizance to his Majesty of 4000. markes, towards the satisfaction of the fine, as the Records at large expresse. Why our present Bishops and their Officers should not thus be roundly fined and censured, for excommunicating, fining, imprisoning, inflicting temporall Censures, and punishments on his Majesties Subjects, both in their Ecclesiasticall High-Commissions, and Consistories; holding plea of cases, not pertaining to their spirituall, but to the Kings temporall Courts, blocking up the free passage of Prohibitions, & their other dayly affronts to Common Law and Iustice, is a question past all their skill to resolve, and worthy to be demaunded, if not reduced to execution. Among the presentments in Eyre, An. 3. E. 1. I finde some Ecclesiasticall persons presented for suing, and others for holding plea in the spirituall Court, of such things as belonged to the Kings temporall Courts, in derogation of his Crowne and dignity; for which they were fined to his Majesty, and imprisoned by his Justices: And shall such things escape scot free now? In the yeare 1532. Master iiFox Acts & Monuments p. 951.William Tracy, Esquire of Todington in Glocestershire, made in his will, that hee would have no funerall pompe at his burying, neither passed hee upon the Masse, p. 257and further said, that hee trusted in God onelyonly; and hoped by him to be saved, and not by any Saint: hee dying, his sonne being his Executor, brought the will to the Bishop of Canterbury to proove, which hee shewed to the Convocation; who judged, that hee should be taken out of the ground, and burnt for an heretique; Whereupon they send downe a Commission to Doctor Parker, Chaunceller of the Diocesse of Worcester, to execute this their wicked sentence: who accomplished the same. The King (Henry the 8.) hearing his Subject to be taken out of the ground and burnt, without his knowledge or due order of Law, send for the Chauncellor, layd this as an High-offence to his charge, who excused himselfe by the Archbishop of Canterbury then lately dead; but in conclusion it cost him 300. p. to gaine his pardon; who else had suffered in a Praemunire for it. If this King tooke those illegall proceedings against the senselesse carcase of his dead Subject, (though attainted in Convocation, as an Heretique,) so heynously: what Censure will our present Gracious Soveraigne deeme those worthy, who suspend, excommunicate, fine, imprison the living persons of his faithfull Ministers and Subjects, (contrary to all Law and Iustice,) never tainted with any crime or heresie, onelyonly for maintaining his Majesties Ecclesiasticall Iurisdiction, for oppugning their encroachments upon it, and the Subjects Liberties, for refusing to submit to their superstitious Popish innovations, and for performing the duty both of good Christians, good Subjects to God and their Prince? To come nearer to our present times. In the Parliaments of 3. & 7. Jacobi, the Prelates were questioned in the Commons house, as having incurred a Praemunire, for exercising Ecclesiasticall Jurisdiction, without speciall Letters Patents, and Commissions from the King under the great Seale, prooving of Wills, granting Letters of administration, and making out their Proces, Citations and Excommunications in their owne names, and under their owne Seales, contrary to the statutes of 1. E. 6. c. 2. (revived by 1. Jac. c. 25.) 1. Eliz. c. 1. 5. Eliz. c. 1. 8. Eliz. c. 1. 26. H. 8. c. 1. 37. H. 8. c. 17. and other forecited Acts: and though no Judgement were then passed against them by reason of the sudden p. 258dissolution of the last of these Parliaments, (and two or three others succeeding it,) and of the great controversie concerning Impositions upon Marchandize, imported or exported, which outed most other complaints; yet the house upon the opening of the businesse, by Sir Henry Yelverdon, who set it on foote, conceaved that they were all in a Praemunire, and that the statute of 1. E 6. c. 2. was revived and still …n force, being nothing but a Declaration of the Kings Ecclesiasticall Praerogative at the Common Law, and King James having as ample Ecclesiasticall Jurisdiction in and over all such causes and persons as E. 6. or any of his Royall Progenitors; and in Cottons case in the Starchamber, where hee was prosecuted upon the same point, for exercising Ecclesiasticall Jurisdiction, without Letters Patents or Commission from the King, and making out Proces and Probates of Wills in his owne name, under his owne Seale, the Court inclined to the same opinion, agreeing, that the statute of 1 E. 6. was still in force, whereupon hee humbling himselfe to King James, and craving pardon for his said offence; the King out of his grace, by the mediation of some great persons, was pleased to remit his fining, and censure, whereas otherwise hee had smarted and payed deare for this his insolent disloyall undutifull usurpation, upon his Soveraignes Royalties. In to which Court if all our Prelates and their officers were now brought for all their forementioned usurpations, extortions, oppressions, misdemeanors, and there fined, according to the greatnes and multitude of their manifold offences; after that rate as some of them have lately fined others, beyond all pitty and moderation, (they there commonly out of their Fatherly Clemency and bowels of compassion, transcending all other temporall Lords in the severity of their censures, whether pecuniary or corporall;) I doubt not but his Majesty might thereby gaine in very short space, at least two hundred thousand pounds or more in fines, to the great contentment of his Subjects, whom they have oppressed; and quite strip them of all their Bishoprickes, Archdeaconries, Chauncellourships, and other offices, as forefaited by their severall abuses, extortions, and oppressions committed in them, (for which cause though p. 259in pretence alone, themselves have deprived many Ministers, Lecturers, Tradesmen, both of their livings, Lectures callings) if not, for want of Letters Patents; and leave them neither eares, nor nose unmangled, nor any thing to support them in those Prisons; to which they deserve to be adjudged; should hee and the Iudges of that Court, meat them onelyonly that measure as some of them, even against thekk1. Tim. 3. 3. Tit. 1.7. Matth. 26.51.52.53. 10. E. 4. 6. b Gratian. Causa. 23: 8. Petrus. Blesensis Tractat. de Instit. Episcopi.1 Tim 3:3Titus 1:7Matt 26:51Matt 26:52Matt 26:53Matt 26:10 Scripture and their owne Canons (which prohibit them to be strikers, or to have their hands or votes in dismembring, or shedding any mans blood,) have not long since measured out tollDoctor Layton. Master Prinne. others, who have opposed them in their exorbitant courses, and proceedings; whether more out of particular malice, envie, spleen, revenge, then out of a true zeale of Iustice and the merits of the cause, I leave to their owne Consciences and God himselfe, (whommAct. 1.24 Ps. 44.21.Acts 1:24Ps 44:21 onelyonly knowes the very depths and secrets of all mens deceitfull hearts,) to determine. All that I can doe more, is but to submit both their persons and these their offences against King and Subject, here epitomized, to his Majesties Royall and Impartiall Iustice; if hee please to passe by and pardon these grand delinquents, (who have beene alwayes inexorable, and mercilesse towards others, even for the smallest slips and Errors,) at an easie rate, upon their humble submission, acknowledgment, and promise of future reformation. I hope it will teach them to be more thankefull and dutifull to his Majesty, more moderate just and mercifull towards others, and more carefull of relapsing into the same offences in time to come; If hee in his Royall wisdome shall thinke it more just and honourable to proceed against them in all, or any of the forementioned wayes of Iustice, in a severe and rigorous course, according to the greatnes and multitude of these, and other their notorious insolent crimes, both for the satisfaction of his much greived and oppressed Subjects, (to whom they have never extended the least dramme of mercy,) to furnish his Treasury, with a present legall supply, and to deterre both them, and their Successors from the like encroachments, insolencies exactions, and oppressions for future times; they must p. 260all lay their hands upon their mouthes, and acknowledge both Gods, and his Majesties Iustice on them, yea though they should incurre even corporall punishments as well as fines, deprivations, imprisonments; and confesse in the words of Adonibesek, Iudges. 1. 7. As I have done, so God hath requited me; and of our Saviour, Math. 7.2. With what Judgement wee judged, wee have beene judged, and with what measure wee meeted, it hath beene measured to us againe.