Of the Prelates Intolerable Usurpations, Instructions
Briefe Instructions for Church-wardens and others to observe in all Episcopall or Archdiaconall Visitations and Spirituall Courts.
1 NO Bishop Archdeacon, or other Ecclesiasticall person, may or ought to keepe any visitation at any time unlesse he hath expresse Commission or Patent under his Majesties great Seale of England to doe it, and that as his Majesties visitor only and in his name and right alone, as is cleere*Vniting the power of Visiting the Ecclesiasticall state and Persons for ever to the Crown, in expresse termes. by 26 H. 8. c. 1. 37, H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8, Eliz. c. 1. Which Commission or Patent ought to bee read to the people before every visitation, (as the Iudges Commission is at every Assizes) before they begin to visit, that so all the people may be assured, they have authority to visit, and that only in his Majesties name and right. As soone as ever therfore they appeare at any Visitation, the first thing which they ought to doe (and that in point of loyalty to his Majestie by vertue of their*1. Eliz. c. 1. Oath of Supremacy prescribed for this very end) is to demand of the Bishop, or other Visitor, what Patent or Commission he hath from the King under his broad Seale to keepe a visitation? If he have any, then demand the Register to read it publikely, in such manner as the Iudges Patent is read at the Assizes: If he either cannot produce, or read any such Patent from the King, or visit not in his name, right, and by his royall authority, You ought all presently to protest against his proceedings, as contrary to his Majesties lawes and Prerogative, and so to depart as you came, without more adoe.
2. Every Visitation being a Synod, or Convocation of the Clergy and Laytie (as*See Doctor P…cklingtons Sunday no Sabbath. p. 1. 2. Doctor Reades, and Teddars Visitation sermons. themselves both stile and acknowledg it) ought to be called and summoned only by his Majesties speciall writ, as the Assizes and Seates in Eyre are, and that by the …xpresse Statutes of 8. H. 6, c. 1. 25. H. 8. c. 19. 27. H. 8. c. 15. If …hen the Visitation be not summoned and called by vertue of his Majesties writ, but only by an Apparator, or note from the Bishop or Visitor (as they now ever are) None ought there to appeare at all.
3. If they have a lawfull Patent and reade it, and a writ to summon the visitation, if they tender the Church-wardens and Sidemen any Articles to present on (as now they doe) Let them demand, whether the Articles they tender them were made by the whole Convocation by the Kings Licence, ratified by the Parliament, and confirmed by the King himselfe under his broad Scale: If not (as none of them are) Then bid them keep them for waste paper, or to stop Musterd-pots, since such Articles and Canons now used, made by their owne authority and printed in their own names, are directly*Yea to his Majesties Declaration before the 39. Articles contrary to the Statutes of 25. H. 8. c. 19, 21. 27. H. 8. c. 25. 32. H. 8. c. 26. 37. H. 8. c. 17. 1. Eliz. c. 1, 2. 12. Eliz. c. 13. their owne twelfth Canon, and draw themselves (with all those who submit to them or present upon them) both into a premunire, and an Excommunication Ipso facto,
4. If they tender any oath to Churchwardens or Sidemen to present upon their Articles, or otherwise, as now they doe; First demand of them, What Act of Parliament prescribes or enjoynes that form of Oath they administer: for no new Oath (no not that of *28. H 8. c. 10 35. H. 8. c. 1. 1. Eliz. c 1. 5. Eliz. c. 1. 3. Iac. c. 4.supremacy and Alegiance instituted by Parliament,) can be imposed on the Subjects in any case but by*See the petition of Right. 3 Caroli. Parliament. If any Act of Parliament prescribe this Oath, and gives them power to administer it, Then let them shew it, and you will take it; If none (as none for certaine doth,) Then you neither will nor dare to take it, and they incurre a Premunire by making and administring such Oathes of their owne heads. Secondly, demaund of them, What Commission they have from his Majestie under his great Seale to administer an Oath to you? If none, Then they have no authority to give an Oath, Nor you no warrant or reason to take it. Thirdly, what Law of the Land, Canon or Statute gives them any authority to give you such an inquisition Oath? If any, Produce it; If none (as none doth,) You dare not, you will not take it, there being divers*Register pars 2. fol 36. b. 2. H. 5. c. 3. N…n. 41. R Rastall Prohibition 5. Mathew Paris. Hist. Angliae. p. 693. 694. 705. Prohibitions in the Common Law inhibiting it.
5. If they demaund any Fees of you in any Visitation, (Where none of any sort are due, neither for shewing of Letters or Orders, Licences to preach, or*23. Eliz. c. 1 keep schoole, &c. Nor any*See Lindewod de Censibus & Procurationibus. Procurations, but onelyonly from such Churches as they personally keepe their Visitations in, not from others which they come not at,) or upon any other occasion. Demand of them, Whether any Statute or Patent from the King or his Ancestors authorize or enable them to take such fees they demaund? If so; Let them produce them, and you will pay what they allow them to take: If not, Then nothing is due, and you will pay nothing: it being meere extortion punishable in Starchamber.
6. If any be cited into any of their spirituall Courts, let them demaund; First, Whether they have a*26. H. 8, c. 1. 37. H. 8. c. 17. 1. E. 6. c 2. 1. Eliz. c. 1. 8. Eliz. c. 1. Patent from the King, under his great Seale to keepe such a Court? If not; You have nothing to doe with them, Nor they with you. Secondly, if their Patent gives them cognisance of your cause? Thirdly if the Citation be in the Kings*1 Ed. 6. cap. 2. name, and under his Seale of armes, as it ought? If not, Depart without more adoe; and if they excommunicate you, It is voide, you may goe to Church notwithstanding: Or if they suspend any Ministers, without a lawfull cause and Patent from the King, let them preach notwithstanding, and either indict them in a Premunire, Or bring an Action of the Case, &c. as Counsell shall advise. If all Subjects will take this course as they are bound in poynt of loyalty and conscience to doe; they will soone shake off the Prelates tyranny and yoake of bondage, under which they groane, through their own defaults and cowardice.
If any be cited into the High Commission Court and there tendered an Ex Officio Oath: First let them aske what Scripture, Canon, or Statute allowes or prescribes this Oath? Secondly, let them tell them, that the Statute of 1. Eliz. c. 1. which erects their Commission, expresly repeales the Statute of 2. H. 4. c. 15. the ground of all Ex Officio Oathes and proceedings, whence Mr. Fox stiles it: The Statute Ex Officio. Therefore repealing this Law, which brought in Ex Officio Oathes*Never heard of in the World till 1400 years after …hrist, nor any ever committed for refusing an Ex Officio Oath, till 13. Elizabeth: and then adjudged against Law. and proceedings, it never intended to revive them, or to authorize the Commissioners to proceed by them; for then it would have rather confirmed than repealed this Act. Thirdly, that the late Petition of Right 3 Caroli, condemned such Oathes and proceedings, as not Warrantable by the Lawes and Statutes of the Realme, (though warranted by their Commission,) expresly enacting, That no man hereafter shalbe called to take such Oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusall thereof. Therefore they dare not take it, neither can they administer it. Fourthly, that by their own*Acts 25.15.16.17. c. 24.13. Gratian: Causa. 3. qu. 3. 4. 5. 6. Canon Law, the accuser ought to appeare there face to face, and by his owne Oath, and his witnesses to prove his accusation true; but the party accused is to take no Oath: Therefore this Oath is against their owne Canon Law. Fiftly, that our Martyrs condemned Ex Officio and Visitation Oathes, for men to accuse themselves or others, as unlawfull, and would not take them; as appeares by Mr. Fox his Acts and Monuments: 1610. p. 481. 482. 487. 488. 495. 496. 539. 951. 956. 957. 1006. 1022. 1023. 1108. 1100. 1125. 1164. 1199. 1382. 1643. 1646. 1651. 1660. 1777. 1778. 1792. 1796. 1813. 1814. 1815. 1843. 1844. 1845. 1866. 1872. 1873. 1874. 1934. 1224. 1520. They being used onelyonly by the bloudy persecuting Popish Prelates; Ibid. p. 335. 750, 751. 753. to 764. Therefore they dare not take them. Sixtly, that the very Rhemists themselves in their Annotations on Acts. 23. v. 12. resolve thus. If thou be put to an Oath to accuse Catholickes for serving God as they ought to doe, or to *It is the devils office to be an accuser of the brethren: Rev. 12.10. And will any Christian then dare to take it on him?utter any innocent man to Gods enemies or his, thou oughtest first to refuse such unlawfull Oaths: but if thou have not constancy and courage to do it, yet know thou, that such Oathes bind not at all in conscience and Law of God, but may and must be broken under paine of damnation. For to make or take such vowes or oathes is one sin, and to keepe them is another farre greater. That therefore which the Rhemists condemne wee dare not submit to: Neither should our Prelates presse, contrary to Iohn 18.19.20.21.22. 1 Tim. 5.19. Rev. 12.10. Math. 18.16.25. H. 8. c. 14. 1 Elis. c. 1. which require proof of all things by two witnesses at least.
End of the text · William Prynne, Of the Prelates Intolerable Usurpations (1637)