Episcopacy (as established by law in England) not prejudicial to regal power a treatise written in the time of the Long Parliament, by the special command of the late King / and now published by ... Robert Sanderson ... Sanderson, Robert, 1587-1663. 1661 Approx. 137 KB of XML-encoded text transcribed from 77 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A61839 Wing S599 ESTC R1745 13173416 ocm 13173416 98327 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. 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And now published by the Right Reverend Father in God ROBERT SANDERSON Lord Bishop of Lincoln . LONDON , Printed by R. Norton , for Timothy Garthwait in St. Pauls Church-yard , 1661. TO THE Most High and Mighty King CHARLES the II d , By the Grace of God , King of Great Britain , France and Ireland , Defender of the Faith , &c. Most Gracious and Dread Soveraign , THat I take the boldness humbly to present this short discourse to your Majesties Sacred hand and piercing eye ; it is upon this one and onely account , that how mean soever the performance be , the undertaking was in obedience to the command of a most Gracious Master , your Majesties Royal Father of Blessed Memory . The Occasion this . When the Army had gotten the King into their own custody out of the hands of those that had long holden him in durance at Holdenby : to put a blind upon the world , they made a shew of much good towards him , which ( as soon after appeared ) they never meant him . Amongst other the pompous civilities , wherewith ( the better to cloak their hypocrisie ) they entertained him ; it was their pleasure to vouchsafe him the attendance of some of his own Chaplains : which , though it could merit little ( for such a kindness could not with justice have been denyed to a far meaner person ; ) was yet a boon his former Goalers thought too big for him . In that Summer Progress ( such as it was ) four of us of his own naming , with the Clerk of his Closet , were suffered to wait upon him . In which time of waiting , ( which was in August MDCXLVII . ) His Majesty , being then at Hampton-Court , one day called me to him , and told me he had a little work for me to do . Some about him , it seems , had been often discoursing with him about EPISCOPACY , as it was claimed and exercised by the Bishops within this Realm . Which ( whether out of their good-will to him , or their no-good-will to the Church , I am not able to say , ) they had endeavoured to represent unto him , as not a little derogatory to the REGAL AUTHORITY , as well in the point of Supremacy , as of Prerogative : in the one , by claiming the function as of Divine Right ; in the other , by exercising the Jurisdiction in their own names . His Majesty said farther , that he did not believe the Church-Government by Bishops as it was by Law established in this Realm , to be in either of the aforesaid respects , or any other way prejudicial to his Crown ; and that he was in his own judgement fully satisfied concerning the same : yet signified his pleasure withal , that for the satisfaction of others I should take these two Objections into consideration , and give him an Answer thereunto in writing . In Obedience to which his Majesties Royal pleasure , after my return home , I forthwith ( according to my bounden duty ) addressed my self to the work ; and was drawing up an Answer to both the Objections , as well as I was able ; with a purpose to present the same ( as soon as it should be finished ) to his Majesty in writing , upon the first offered opportunity . But behold , before I could bring the business ad umbilicum , and quite finish what was under my hand , the Scene of affairs was strangely changed . The King trepann'd into the Isle of Wight ; the mask of Hypocrisie , by long wearing now grown so thin and useless , that it was fit for nothing but to be thrown by ; no kind of impiety and villany , but durst appear bare-faced and in the open Sun ; high insolencies to the contempt of Authority every where committed ; Majesty it self trampled upon by the vilest of the People ; and the hearts of all loyal honest men sadly oppressed with griefs and fears . Yet had the men who steered the Publick as they listed , ( that they might give themselves the more recreation , amuse the world anew , and grace the black Tragedy they were acting with the more variety , ) a mind to play one game more the next year ; to wit , the Treaty at the aforesaid Isle of Wight . Where , assoon as I understood , that by his Majestie 's nomination , I was to give my attendance ; I looked out the old Papers which I had laid aside a good while before ; made up what was then left unfinished , and took the Copy with me to the Isle ; thinking that when the Treaty should be ended ( for whilest it lasted his Majesty was taken up with other thoughts and debates of higher concern ) I might possibly have the opportunity to give his Majesty an account thereof . What became of that Treaty , and what after ensued , is so well known to the world , that there is no need , and withal so sad , that it can be no pleasure , to remember . But thenceforward were those Papers laid aside once again , and destined to perpetual silence , had not a debate lately started , concerning one of the principal points therein handled , occasioned some persons of eminent place and esteem in the Church ( and one of them conscious to the aforesaid command laid upon me by the late King , ) to desire a sight of those Papers . Which being by their encouragement now made publick ( though having little other to commend them , either to the world but Truth and Plainness , or to your Majesty but that they had their first rise from his command whose Throne and Vertues you inherit ; ) I humbly beseech your Majesty graciously to accept ; together with the Prayers of Your Majesties most Loyal Subject and devoted Servant ROBERT LINCOLN . LONDON , August 10. MDCLXI . By the KING . A PROCLAMATION , Declaring that the proceedings of his Majesties Ecclesiastical Courts and Ministers , are according to the Lawes of the Realm . WHereas in some of the Libellous books and Pamphlets lately published , The most Reverend Fathers in God , the Lords Arch-Bishops and Bishops of this Realm , are said to have usurped upon his Majesties Prerogative Royal , and to have proceeded in the high Commission and other Ecclesiastical Courts , contrary to the Laws and Statutes of this Realm ; It was ordered by his Majesties high Court of Star-Chamber , the Twelfth day of June last , that the opinion of the two Lords chief Iustices , the Lord chief Baron , and the rest of the Judges and Barons should be had and certified in those particulars , viz. Whether Processes may not issue out of the Ecclesiastical Courts in the Name of the Bishops . Whether a Patent under the great Seal be necessary for the keeping of the Ecclesiastical Courts , and enabling Citations , Suspensions , Excommunications , and other censures of the Church . And whether Citations ought to be in the Kings name , and under his Seal of Arms , and the like for Institutions and Inductions to Benefices , and Correction of Ecclesiastical offences . Whether Bishops , Arch-Deacons and other Ecclesiastical persons may or ought to keep any visitation at any time unless they have express Commission or Patent under the great Seal of England to do it , and that as his Majesties Uisitors only , and in his name and Right alone . Whereupon , his Majesties said Iudges having taken the same into their serious consideration , did unanimously concur and agree in opinion , and the first day of July last certified under their hands as followeth , That Processes may issue out of the Ecclesiastical Courts in the name of the Bishops ; and that a Patent under the great Seal is not necessary for the keeping of the said Ecclesiastical Courts , or for enabling of Citations , Suspensions , Excommunications and other Censures of the Church ; And that it is not necessary that Summons , Citations , or other Processes Ecclesiastical in the said Courts , or Institutions , or Inductions to Benefices , or correction of Ecclesiastical offences by Censure in those Courts , be in the Kings name or with the style of the King , or under the Kings Seal , or that their Seals of Office have in them the Kings Arms ; And that the Statute of Primo Edvardi Sexti , cap. secundo , which enacted the contrary , is not now in force : And that the Bishops , Arch-Deacons and other Ecclesiastical persons , may keep their Uisitations as usually they have done , without Commission under the great Seal of England so to do : which opinions and resolutions being declared under the hands of all his Majesties said Iudges , and so certified into his Court of Star-Chamber , were there recorded : and it was by that Court further ordered the fourth day of the said moneth of July , that the said certificate should be inrolled in all other his Majesties Courts at Westminster , and in the High Commission , and other Ecclesiastical Courts , for the satisfaction of all men , That the proceedings in the High Commission and other Ecclesiastical Courts are agreeable to the Laws and Statutes of the Realm . And his Royal Majesty hath thought sit , with advice of his Councel , that a publick Declaration of these the opinions and resolutions of his Reverend and Learned Iudges , being agreeable to the Iudgement and Resolutions of former times , should be made known to all his Subjects , as well to vindicate the legal proceedings of His Ecclesiastical Courts and Ministers , from the unjust and scandalous imputation of invading or entrenching on his Royal Prerogative , as to settle the minds and stop the mouths of all unquiet Spirits , that for the future they presume not to censure his Ecclesiastical Courts or Ministers in these their Iust and warranted proceedings : And hereof his Majesty admonisheth all his Subjects to take warning as they shall answer the contrary at their perils . Given at the Court at Lyndhurst the 18. day of August , in the 13. year of his Majesties Raign . God save the King. Imprinted at London by Robert Barker , Printer to the Kings most Excellent Majesty , and by the Assignes of Iohn Bill , 1637. Primo Julii 1637. The Iudges Certificate concerning Ecclesiastical Iurisdiction . May it please your Lordships , ACcording to your Lordships Order made in his Majesties Court of Star-Chamber the Twelfth of May last , we have taken consideration of the particulars , wherein our Opinions are required by the said Order , and we have all agreed , That Processes may issue out of the Ecclesiastical Courts in the name of Bishops , and that a Patent under the great Seal is not necessary for the keeping of the said Ecclesiastical Courts , or for the enabling of Citations , Suspensions , Excommunications or other Censures of the Church . And that it is not necessary that Summons , Citations , or other Processes Ecclesiastical in the said Courts , or Institutions , or Inductions to Benefices , or Correction of Ecclesiastical offences by censure in those Courts , be in the Kings name , or with the Style of the King , or under the Kings Seal , or that their Seals of Office have in them the Kings Arms. And that the Statute of Primo Edvardi Sexti Cap. 2. which enacted the contrary , is not now in force . We are also of opinion , That the Bishops , Archdeacons and other Ecclesiastical persons may keep their Visitations as usually they have done without Commission under the great Seal of England so to do . Io. Bramstone . Io. Finch . Humfrey Davenport . Will. Iones . Io. Dinham . Richard Hutton . George Croke . Tho. Trevor . George Vernon . Ro. Berkley . Fr. Crawley . Ric. Weston . Inrolled in the Courts of Exchequer , Kings Bench , Common Pleas , and Registred in the Courts of High Commission and Star-Chamber . EPISCOPACY not Prejudicial to Regal Power . SECT . I. The two great Objections proposed . I. HE that shall take the pains to inform himself rightly , what power the Kings of England have from time to time claimed and exercised in Causes and over Persons Ecclesiastical ; as also by whom , how , and how far forth their said Power hath been from time to time either opposed , or maintained : shall undoubtedly find that no persons in the world have more freely acknowledged , and both by their writings and actions more zealously , judiciously and effectually asserted the Soveraign Ecclesiastical power of Kings , then the Protestant Bishops and Divines ( whom our new Masters have been pleased of late to call the Prelatical party ) in the Church of England have done . Yet so far hath prejudice ( or something else ) prevailed with some persons of quality in these times of so much loosness and distraction ; as to suffer themselves to be led into a belief , or at leastwise to be willing the people should be deceived into the belief of these two things . First , that the Opinion which maintaineth the Ius divinum of Episcopacy is destructive of the Regal power . And secondly , that Episcopal Iurisdiction , as it was exercised before and at the beginning of this present Parliament , was derogatory from the honour of the King , and prejudicial to the just Rights and Prerogatives of his Crown II. Truely , they that know any thing of the practises and proceedings of the Anti-prelatical party , cannot be ignorant , that their aims ( these or whatsoever other pretensions notwithstanding ) are clearly to enlarge their own power by lessening the Kings , and to raise their own estates upon the ruines of the Bishops . And therefore howsoever the aforesaid pretensions may seem at the first appearance to proceed from a sense of Loyalty , and a tenderness of suffering any thing to be continued in the kingdom which might tend to the least diminution of his Majesties just power & greatness . yet , ( till their actions look otherwise then for some time past they have done ) the pretenders must give us leave to think that their meaning therein is rather to do the Bishops hurt , then to do the King service ; and that their affections ( so far as by what is visible we are able to judge thereof ) are much what alike the same towards them both . But to leave their Hearts to the judgement of him to whom they must stand or fall : for the just defence of truth , and that ( so far as we can help it ) the people be not abused in this particular also , as in sundry others they have been , by such men , as are content to use the Kings name when it may help on their own designs ; I shall first set forth the two main Objections severally to the best advantage of the Objectors ; and then endeavour by a clear and satisfactory answer to discover the weakness and vanity of them both . III. The former objection . Whereas in the Oath of Supremacy the supreme power Ecclesistical is acknowledged to be in the King alone ; and by the Statute of 1. Eliz. All jurisdictions and preeminencies Spiritual and Ecclesiastical within the Realm of England are restored to the Crown as the ancient right thereof , and forever united and annexed thereunto : the Bishops claiming their power and jurisdiction to belong unto them as of divine right , seemeth to be a manifest violation of the said Oath and Statute , and a real diminution of the Regal power in and by the said Oath and Statute acknowledged and confirmed . For whatsoever power is of divine right , is immediatly derived from God , and dependeth not upon any earthly King or Potentate whatsoever as superiour thereunto . These two tearms , to be from Heaven , and to be of Men , being used in the Scriptures as terms opposite and inconsistent , and such as cannot be both truly affirmed of the same thing . IV. The latter objection . Setting aside the dispute of jus divinum , and whatsoever might be said either for or against the same : the very exercising of Episcopal jurisdiction in such a manner as it was with us , the Bishops issuing out their Summens , giving Censures , and acting every other thing in the Ecclesiastical Courts , in their own and not in the Kings name , seemeth to derogate very much from the Regal power in the point of Ecclesiastical Soveraignty . For whereas the Judges in the Kings Bench , Common Plees , and other Common-Law-Courts do issue out their Writts , and make all their Iudgments , Orders , Decrees , &c. in the Kings name ; thereby acknowledging both their Power to be depending upon , and derived from the Kings authority , and themselves in the exercise of that Power to be but his Ministers sent and authorzied by him ; and so give him the just honour of his Supremacy temporal : The Bishops on the other side exercise a spiritual power or jurisdiction in their own names , and as it were by their own authority , without any the least acknowledgment of the effluxe or emanation of that power or jurisdiction from the King. Which custome as it had undoubtedly its first rise , and after-growth from the exorbitant greatness of the Bishops of Rome , who have usurped an unjust authority as well over Kings and Princes , as over their Fellow-Bishops , laboured all they could to lessen the authority of Kings , especially in matters Ecclesiastical : so is the continuance thereof no otherwise to be esteemed then as a rag or relique of that Anti-Christian tyranny , which was retained ( as some other things also of evil consequence were ) in those imperfect beginnings of Reformation , when the Popes power was first abrogated under King Henry the Eighth . But it was afterwards in a more mature and perfect reformation taken in to consideration in the Raign of King Edward the Sixth : and remedy provided there-against by an Act of Parliament made in the first year of his Raign . Wherein it was enacted , that all Summons , Citations , and other Processes Ecclesiastical should be made in the Kings name and with the style of the King , as it is in Writts original and judicial at the Common Laws ; and that the Teste thereof only should be in the name of the Bishop . V. It is true indeed that this Statute of King Edward was within a few years after repealed , and so the old usage and form again restored primo Mariae , and hath ever since so continued during the Raigns of the said Queen , of Queen Elizabeth , of K. Iames , and of his Majesty that now is until this present Parliament , without any alteration or interruption . But the repealing of the Statute of primo Edw. 6. and the reception of the former usage insuing thereupon , ought not to be alleaged by the Bishops , or to sway with any Protestant : inasmuch as that repeal was made by Queen Mary , who was a professed Papist , and who together with that form of proceeding in the Ecclesiastical Courts restored also the whole Popish Religion , whereof that was a branch . Neither ought the un-interrupted continuance of the said form under Queen Elizabeth and the succeeding Kings , ( whether it happened through inadvertency in the State , or through the incessant artifices and practises of the more active Bishops , some or other whereof had alwayes a prevalent power with those Princes in their several Raigns ) to hinder ; but that , as the said manner of proceeding was in the said first year of Edward 6. by the King and the three Estates in Parliament adjudged to favour the usurped power of the Bishops of Rome , and to trench upon the Kings just and acknowledged authority in matters Ecclesiastical ( as by the preamble of the said Act doth sufficiently appear ; ) so it ought to be still no otherwise esteemed then as a branch of the Papal usurpation , highly derogatory to the honour of the King , and the rights of his Crown . This is ( as I conceive ) the sum of all that hath been , and the utmost of what ( I suppose ) can be said in this matter . THE II. SECTION In answer to the former Objection . I. WHereunto I make answer as followeth . To the former Objection , I say first , that it is evidently of no force at all against those Divines , who for the maintenance of Episcopacy lay their claim under another notion , and not under that of Ius Divinum . Which expression , for that it is ( by reason of the ambiguity thereof ) subject to be mistaken , and that captious men are so willing to mistake it for their own advantage ; might peradventure without loss of Truth , or prejudice to the Cause , b● with as much prudence laid aside a● used , as in this , so in sundry other disputes and controversies of these Times . II. If it shall be replyed , that then belike the Proctors for Episcopacy are not yet well agreed among themselves by what title they hold : and that is a shrewd prejudice against them , that they have no good title . For it is ever supposed he that hath a good title , knoweth what it is : and we are to presume the power to be usurped , when he that useth it cannot well tell how he came by it . I say therefore secondly , that the difference between the Advocates for Episcopacy is rather in the different manner of expressing the same thing , then in their different judgement upon the substance of the matter . The one sort making choise of an expression which he knoweth he is able to make good against all gainsayers , if they will but understand him aright : the other out of wariness or condescension forbearing an expression , ( no necessity requiring the use of it , ) which he seeth to have been subject to so much mis-construction . III. For the truth is , all this ado about Ius divinum is in the last result no more then a meer verbal nicety : that term being not alwayes taken in one and the same latitude of signification . Sometimes it importeth a divine precept ( which is indeed the primary and most proper signification : ) when it appeareth by some clear express and peremptory command of God in his word , to be the will of God that the thing so commanded should be perpetually and universally observed . Of which sort , setting aside the Articles of the Creed , and the Moral duties of the Law ( which are not much pertinent to the present enquiry ) there are , as I take it , very few things that can be properly said to be of divine positive right under the New Testament . The Preaching of the Gospel , and administration of the Sacraments are two : which when I have named , I think I have named all . IV. But there is a secondary and more extended signification of that term , which is also of frequent use among Divines . In which sense such things , as having no express command in the word , are yet found to have authority and warrant from the institution , example , or approbation either of Christ himself , or his Apostles ; and have ( in regard of the importance and usefulness of the things themselves ) been held , by the consentient judgement of all the Churches of Christ in the primitive and succeeding ages , needful to be continued : such things I say are ( though not so properly as the former , yet ) usually and interpretativè said to be of Divine Right . Of which sort I take the observation of the Lords day , the ordering of the Keys , the distinction of Presbyters and Deacons , and some other things ( not all perhaps of equal consequence ) to be . Unto Ius divinum in that former acception is required a Divine Precept : in this later , it sufficeth thereunto that a thing be of Apostolical institution or practice . Which ambiguity is the more to be heeded , for that the observation thereof is of great use for the avoyding of sundry mistakes that through the ignorance or neglect thereof daily happen to the engaging of men in endless disputes , and entangling their consciences in unnecessary scruples . V. Now , that the Government of the Churches of Christ by Bishops is of divine right in that first and stricter sence , is an Opinion at least of great probability , and such as may more easily and upon better grounds be defended then confuted : especially if in expounding those Texts that are alleaged for it we give such deference to the authority of the Ancient Fathers and their expositions thereof , as wise and sober men have alwayes thought it fit we should do . Yet because it is both inexpedient to maintain a dispute where it needs not , and needless to contend for more , where less will serve the turne : I finde that our Divines that have travailed most in this Argument , where they purposely treat of it , do rather chuse to stand to the tenure of Episcopacy ex Apostolicâ designatione , then to hold a contest upon the title of jus divinum , no necessity requiring the same to be done . They therefore that so speak of this Government as established by Divine right , are not all of them necessarily so to be understood , as if they meant it in that first and stricter sense . Sufficient it is for the justification of the Church of England in the constitution and government thereof , that it is ( as certainly it is ) of Divine right in the latter and larger signification : that is to say , of Apostolical institution and approbation ; exercised by the Apostles themselves , and by other persons in their times , appointed and enabled thereunto by them , according to the will of our Lord Iesus Christ , and by vertue of the Commission they had received from him . VI. Which besides that it is clear from evident Texts of Scripture , and from the testimony of as ancient and authentique Records as the world hath any to shew for the attesting of any other part of Ecclesiastical story ; it is also in truth a part of the established Doctrine of the Church of England : evidently deduced out of sundry passages in the booke of Consecration , ( which book is Approved in the Articles of our Religion Art. 36. Confirmed by Act of Parliament , and Subscribed unto by all persons that have heretofore taken Orders in the Church , or Degrees in the University ; ) and hath been constantly and uniformly Maintained by our best Writers , and by all the sober , orderly and Orthodoxe sons of this Church . The point hath been so abundantly proved by sundry Learned men , and cleared from the exceptions of Novellists ; that more need not be said for the satisfaction of any intelligent man that will but first take the pains to read the books , and then suffer himself to be master of his own reason . VII . Only I could wish , that they who plead so eagerly for the jus divinum of the Lords day , & yet reject ( not without some scorn ) the jus divinum of Episcopacy , would ask their own hearts ( dealing impartially therein ) whether it be any apparent difference in the nature of the things themselves , or in the strength of those reasons that have been brought for either , that leadeth them to have such different judgments thereof ; or rather some prejudicate conceit of their own ; which having formerly fancied to themselves even as they stood affected to parties , the same affections still abiding , they cannot easily lay aside . Which partiality ( for I am loath to call it perversness ) of spirit , is by so much the more inexcusable in this particular ; by how much Episcopal government seemeth to be grounded upon Scripture-Texts of greater pregnancy and clearness , and attested by a fuller consent of Antiquity to have been Uniformly and Universally observed throughout the whole Christian world , then the Lords day hath hitherto been shewen to be . VIII . But should it be granted that all the defenders of Episcopacy did indeed hold it to be jure divino in the strictest and most proper sence ; yet could not the Objectors thence reasonably conclude , that it should be eo nomine inconsistent with the Regal power , or so much as derogatory in the least degree to that Supream power Ecclesiastical , which by the Laws of our Land is established , and by the doctrine of our Church acknowledged to be inherent in the Crown . As themselves may easily see , if they will but consider . IX . First , that Regal and Episcopal power are two powers of quite different kinds : and such as considered purely in those things that are proper and essential to either , have no mutual relation unto , or dependence upon , the one the other ; neither hath either of them any thing to do with the other . The one of them being purely spiritual and internal , the other external and temporal : albeit in regard of the Persons that are to exercise them , or some accidental circumstances appertaining to the exercise thereof , it may happen the one to be somewayes helpful or prejudicial to the other ; yet is there no necessity at all that the very powers themselves in respect of their own natures should be ( at that distance ) either of them so destructive of other , but that they might consist well enough together . Yea although either of them or both should claime ( as indeed they both may do ) to be of divine right independently upon the other . Let any man come up to the point , and shew if he can , how and wherein the Episcopal power is any thing at all diminished by affirming the Regal to be of divine right ; or how and wherein the Regal power is at all Prejudiced , by affirming the Episcopal to be of divine right . The opposition between those two Terms , To be from Heaven and To be of Men , which was objected , cometh not home enough : unless we should affirm them both of one and the same power in the same respect . Which since we do not ; that opposition hindereth not , but that the same power may be said to be of both in divers respects , viz. to be from Heaven , or of God , in respect of the substance of the thing in the general ; and yet to be of Men in respect of the determination of sundry particularities requisite unto the lawful and laudable exercise thereof . X. Secondly , that the derivation of any power from God doth not necessarily infer the non-subjection of the persons in whom that power resideth to all other men . For doubtless the power that Fathers have over their children , husbands over their wives , masters over their servants , is from Heaven , of God and not of Men. Yet are Parents , Husbands , Masters in the exercises of their several respective powers subject to the power , jurisdiction and Laws of their lawful Soveraigns . And I suppose it would be a very hard matter for any man to find out a clear and satisfactory reason of difference between the Ecclesiastical power and the Oeconomical ; why the one , because it claimeth to be of Divine Right should be therefore thought to be injurious to Regal power , and the other ( though claiming in the same manner ) not to be injurious . XI . Thirdly , the Ministerial power , in that which is common to Bishops with their fellow-Presbyters , viz. the Preaching of the VVord and administration of the Sacraments , &c. is confessed to be from Heaven and of God ; and yet no prejudice at all conceived to be done thereby to the Regal Power : because the Ministers who exercise that power are the Kings subjects , and are also in the executing of those very acts that are proper to their Ministerial functions to be limited and ordered by the Kings Ecclesiastical Lawes . A man might therefore justly wonder , ( but that it is no new thing to find in the bag of such Merchants , as we have now to deal with , pondus & pondus , ) how it should come to pass that the Episcopal Power , in that which is peculiar to Bishops above other their brethren in the Ministery , viz. the Ordaining of Priests and Deacons and the managing of the Keyes , cannot be said to be of God , but it must be forthwith condemned to be highly derogatory to the Regal Power : notwithstanding the Bishops acknowledge themselves as freely as any others whosoever , to be the Kings subjects , and submit themselves , with as much willingness ( I dare say , and some Presbyterians know I speak but the truth ) as the meanest of their fellow-Ministers do , to be limited in exercising the proper Acts of their Episcopal Functions by such Lawes as have been by Regal Power established in this Realm . The King doth no more challenge to himselfe as belonging to him by vertue of his Supremacy Ecclesiastical , the power of Ordaining Ministers , Excommunicating scandalous offenders , or doing any other act of Episcopal Office in his own person ; then he doth the power of Preaching , administring the Sacraments , or doing any other act of Ministerial office in his own person : but leaveth the performance of all such acts of either sort unto such persons , as the said several respective powers do of divine right belong unto ; viz. of the one sort to the Bishops , and of the other to all Preists . Yet doth the King by virtue of that Supremacy , challenge a power as belonging unto him in the right of his Crown , to make Laws as well concerning Preaching , administring the Sacraments , and other acts belonging to the function of a Priest , as concerning Ordination of Ministers , proceedings in matters of Ecclesiastical cognisance in the Spiritual Courts , and other acts belonging to the function of a Bishop . To which Lawes , as well the Priests as the Bishops , are subject , and ought to submit to be limited and regulated thereby in the exercise of those their several respective Powers ; their claim to a Ius divinum , and that their said several powers are of God , notwithstanding . I demand then : As to the Regal Power , is not the case of the Bishops and of the Ministers every way alike ? Do they not both pretend their Powers to be of God ? And are they not yet for all that both bound in the exercise of those powers to obey the King and his Laws ? Is there not clearly the same reason of both ? How then cometh it to pass , that these are pronounced innocent , and those guilty ? Can any think God will wink at such foul partiality ? or account them pure with the bag of deceitful weights ? XII . Fourthly , that there can be no fear of any danger to arise to the prejudice of the Regal power from the opinion that Bishops are jure divino , unless that opinion should be stretched to one of these two constructions : viz. as if it were intended either 1. that all the Power which Bishops have legally exercised in Christian Kingdomes did belong to them as of divine right ; or 2. that Bishops living under Christian Kings , might at least exercise so much of their power as is of divine right after their own pleasure , without , or even against the Kings leave , or without respect to the Laws and Customes of the Realm . Neither of which is any part of our meaning . All power , to the exercise whereof our Bishops have pretended , cometh under one of the two heads : of Order , or of Iurisdiction . The Power of Order consisteth partly in preaching the word and other offices of publique VVorship ; common to them with their fellow-Ministers ; partly in Ordaining Preists and Deacons admitting them to their Particular Cures , and other things of like nature , peculiar to them alone . The power of Iurisdiction is either Internal in retaining and remitting sins in foro conscientiae , common to them also ( for the substance of the authority , though with some difference of degree , ) with other Ministers : or External for the outward government of the Church in some parts thereof peculiar to them alone . For that external power is either Directive in prescribing rules and orders to those under their jurisdictions , and making Canons and Constitutions to be observed by the Church ; wherein the inferior Clergy by their Representatives in Convocation have their votes as well as the Bishops ; and both dependently upon the King ( for they cannot either meet without his VVrit , or treat without his Commission , or establish without his Royal Assent : ) or Iudiciary and Coercive , in giving sentence in foro exteriori in matters of Ecclesiastical cognisance , Excommunicating , Fining , Imprisoning offenders , and the like . Of these powers some branches , not onely in the exercise thereof , but even in the very substance of the Power it selfe , ( as namely that of external jurisdiction coercive , ) are by the Laws declared , and by the Clergy acknowledged to be wholly and entirely derived from the King , as the sole fountain of all authority of external Iurisdiction whether Spiritual or Temporal within the Realm ; and consequently not of divine right . Other-some , although the substance of the power it self be immediately from God and not from the King , as those of Preaching , Ordaining , Absolving &c. Yet are they so subject to be inhibited , limited , or otherwise regulated in the outward exercise of that power by the Laws and Customes of the Land , as that the whole execution thereof still dependeth upon the Regal Authority . And how can the gross of that Power be prejudicial to the King or his Supremacy , whereof all the parts are confessed either to be derived from him , or not to be executed without him ? XIII . Fifthly , that if Episcopacy must be therefore concluded to be repugnant to Monarchy , because it claimeth to be of divine Right : then must Monarchs either suffer within their dominions no form of Church-government at all ( and then will Church , and with it Religion , soon fall to the ground ; ) or else they must devise some new model of Government , such as never was yet used or challenged in any part of the Christian world ; since no form of Government ever yet used , or challenged , but hath claimed to a Ius divinum as well as Episcopacy : yea , I may say truly , every one of them with far more noise , though with far less reason then Episcopacy hath done . And therefore of what party soever the objectors are , ( Papists , Presbyterians , or Independents ) they shew themselves extreamly Partial against the honest Regular Protestant ; in condemning him as an enemy to Regal Power for holding that in his way , which ( if it be justly chargeable with such a crime , ) themselves holding the very same in their several wayes , are every whit as deeply guilty of , as he . XIIII . Lastly , that this their partiality is by so much the more inexcusable , by how much the true English Protestant for his government not onely hath a better title to a Ius divinum then any of the other three have for theirs ; but also pleadeth the same with more caution and modesty , then any of them do . Which of the four Pretenders hath the best title , is no part of the business we are now about . The tryal of that will rest upon the strength of the arguments that are brought to maintain it : wherein the Presbyterians perhaps will not find any very great advantage beyond the rest of those that contest for it . But let the right be where it will be ; we will for the present suppose them all to have equal title ( and thus far indeed they are equal , that every one taketh his own to be best : ) and it shall suffice to shew , that the Ius Divinum is pleaded by the Episcopal party with more calmeness and moderation , and with less derogation from Regal Dignity , then by any other of the three . XV. For First , the rest when they spake of Ius Divinum in reference to their several waves of Church-Government , take it in the highest elevation , in the first and strictest sense . The Papist groundeth the Popes Oecumenical Supremacy upon Christs command , to Peter to execute it , and to all the Flock of Christ ( Princes also as well as others ) to submit to him as their universal Pastor The Presbyterian cryeth up his Model of Government and Discipline , ( though minted in the last by-gon Century , ) as the very scepter of Christs Kingdome , whereunto all Kings are bound to submit theirs ; making it as unalterable and inevitably necessary to the being of a Church , as the Word and Sacraments are . The Independent Separatist also , upon that grand principle of Puritanisme common to him with the Presbyterian ( the very root of almost all the Sects in the world ) viz That nothing is to be ordered in Church-matters , other , or otherwise then Christ hath appointed in his Word ; holdeth that any company of people gathered together by mutual consent in a Church-way is Iure Divino free and absolute within it self , to govern it self by such rules as it shall judge agreeable to Gods Word , without dependence upon any but Christ Iesus alone , or subjection to any Prince , Prelate , or other humane person or Consistory whatsoever . All these you see do not onely claim to a Ius Divinum , and that of a very high nature ; but in setting down their opinions weave in some expresses tending to the diminution of the Ecclesiastical Supremacy of Princes . Whereas the Episcopal Party , neither meddle with the power of Princes , nor are ordinarily very forward to press the Ius Divinum , but rather purposely decline the mentioning of it , as a term subject to misconstruction ( as hath been said ) or else so interpret it , as not of necessity to import any more then an Apostolical institution . Yet the Apostles authority in that institution , being warranted by the example , and ( as they doubt not ) the direction of their Master Iesus Christ , they worthily esteem to be so reverend and obligatory ; as that they would not for a world have any hand in , or willingly and deliberately contribute the least assistance towards ( much less bind themselves by solemn League and Covenant to endeavour ) the extirpation of that Government ; but rather on the contrary hold themselves in their consciences obliged , to the uttermost of their powers to endeavour the preservation and continuance thereof in these Churches , and do heartily wish the restitution and establishment of the same , wheresoever it is not , or wheresoever it hath been heretofore ( under any whatsoever pretence ) unhappily laid aside , or abolished . XVI . Secondly , the rest ( not by remote inferences , but ) by immediate and natural deduction out of their own acknowledged principles , do some way or other deny the Kings Supremacy in matters Ecclesiastical : either claiming a power of Iurisdiction over him , or pleading a priviledge of Exemption from under him . The Papists do it both wayes ; in their several doctrines of the Popes Supremacy , and of the Exemption of the Clergy . The Puritances of both sorts , who think they have sufficiently confuted every thing they have a mind to mislike , if they have once pronounced it Popish and Antichristian , do yet herein ( as in very many other things , and some of them of the most dangerous consequence ) symbolize with the Papists , and after a sort divide that branch of Antichristianisme wholly between them : The Presbyterians claiming to their Consistories as full and absolute spiritual Iurisdiction over Princes , ( with power even to excommunicate them , if they shall see cause for it , ) as the Papists challenge to belong to the Pope : And the Independents exempting their Congregations from all spiritual subjection to them , in as ample manner , as the Papists do their Clergy . Whereas the English Protestant Bishops and Regular Clergy , as becometh good Christians and good Subjects , do neither pretend to any Iurisdiction over the Kings of England , nor withdraw their subjection from them : but acknowledge them to have Soveraign Power over them , as well as over their other subjects ; and that in all matters Ecclesiastical as well as Temporal . By all which it is clear , that the Ius Divinum of Episcopacy , as it is maintained by those they call ( stylo novo ) the Prelatical party in England , is not an opinion of so dangerous a nature , nor so derogatory to the Regal Powers , as the Adversaries thereof would make the world believe it is : but that rather , of all the forms of Church-government that ever yet were endeavoured to be brought into the Churches of Christ , it is the most innocent in that behalf . THE III. SECTION In Answer to the later Objection . 1. HAving thus cleared the Opinion held concerning Episcopacy in the Church of England from the crime unjustly charged upon it by the Adversaries , ( but whereof in truth themselves are deeply guilty ) in their former Objection : our next business will be the easier , to justifie it in the Practise also from the like charge laid against it in the later Objection , by shewing that the Iurisdiction exercised by the Bishops within this Realm , ( and namely in that particular which the Objectors urge with most vehemency , of acting so many things in their own names , ) is no way derogatory to the Kings Majesties Power or Honour . Wherein it were enough for the satisfaction of every understanding man , without descending to any farther particularities , to shew the impertinency of the Objectors from these two general Considerations . II. First that the Bishops have exercised no Iurisdiction in foro externo within this Realm , but such as hath been granted unto them by the successive Kings of England ; neither have challenged any such Iurisdiction to belong unto them by any inherent right or title in their persons or Callings , but onely by emanation and derivation from the Royal Authority . The very words of the Statute primo . Edw. 6. in the objection mentioned run thus , Seeing that all authority of jurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as Supream head — and so justly acknowledged by the Clergy of the said Realms , and that all Courts Ecclesiastical be kept by no other power or authority either forraign or within the Realms , but by the authority of his most Excellent Majesty &c. Now the regular exercise of a Derived power is so far from destroying , or any way diminishing that Original power from whence it is derived , as that it rather confirmeth and establisheth the same . Yea , the further such derived power is extended and enlarged in the exercise thereof , so as it be regular , ( that is , so long as it containeth it self within the bounds of its grant , and exceedeth not the limits prefixed thereunto by that Original power that granted it ) the more it serveth to set forth the honour and greatness of that Original power ; since the vertue of the efficient Cause is best known by the greatness of the effect : for propter quod unumquodque est tale , illud ipsum est magis tale . As the warmth of the room doth not lessen the heat of the fire upon the hearth , but is rather a signe of the greatness of that heat : nor doth the abundance of sap in the branches cause any abatement in the root , but is rather an evident demonstration of the greater plenty there . III. Secondly , that it is one of the greatest follies in the world , to endeavour in good earnest to maintain any thing by argument when we have the evidence of Sence or Experience to the contrary . For what is it cum ratione insanire , if this be not ? To deny fire to be hot , or water to be moist , or snow to be white ; when our sences enform us they are such ? Or to prove by argument that life may be perpetuated by the help of art and good dyet , or that infants are capable of faith or instruction by ordinary means ; when Experience sheweth the contrary . Now the Experience of above fourscore years , ever since the beginning of Queen Elizabeths Raign , doth make it most evident , that the exercise of Episcopal Iurisdiction by the Protestant Bishops here , was so far from diminishing the power , or eclipsing the glory of the Crown , that the Kings and Queens of England never enjoyed their Royal power in a fuller measure , or flourished with greater lustre , honour and prosperity , then when the Bishops ( by their favour ) enjoyed the full liberty of their Courts , jurisdictions , honours and priviledges according to ancient grants of former Kings and the Lawes and Customes of England . On the other side ; in what condition of power and honour ( otherwise then in the hearts of his oppressed Subjects ) our most pious and gracious Soveraign that now is hath stood , and at this present standeth , through the prevalency of the Smectymnuan Faction ; ever since they had the opportunity and forehead from lopping off ( as was at first pretended ) some luxuriant superfluities ( as they at least imagined them to be ) in the branches of Episcopal Jurisdiction ( as High Commission , Oath ex officio , &c. ) to proceed to take away Episcopacy it self Root and Branch : it were a happy thing for us , if the lamentable Experience of these late Times would suffer us to be ignorant . So as we now look upon that short Aphorisme so usual with his Majesties Royal Father [ NO BISHOP , NO KING ] not as a sentence onely full of present truth when it was uttered ; but rather as a sad prophecy of future events , since come to pass . The miseries of these wasting divisions both in the Church and Common-wealth we cannot with any reason hope to see an end of , until it shall please Almighty God in his infinite mercy to a sinful nation , to restore them both ( King and Bishops ) to their Antient , Just and Rightful power : and in order thereunto graciously to hear the weak prayers of a small oppressed Party , ( yet coming from loyal hearts , and going not out of feigned lips ) beyond the loud crying Perjuries , Sacriledges , and Oppressions of those that now exercise an Arbitrary Soveraignty over their fellow Subjects without either Iustice or Mercy , together with the abominable hypocrisie and disloyalty that hath so long raigned in them and their adherents . IV. Those two general Considerations , although they might ( as I said ) suffice to take away the force of the Objection , without troubling our selves , or the Reader with any farther answer thereunto : yet that the Objectors may not have the least occasion given them to quarrel the proceedings , as if we did purposely decline a just tryal , we shall come up a little closer , and examine more particularly every material point , in the order as they lye in the Objection aforesaid . And the Points are three . 1. That the manner used by the Bishops , in sending out their Summons , &c. in their own names , is contrary to the form and order of other Courts . 2. That such forms of Process seem to have at first proceeded from the Usurped power of the Bishops of Rome , who laboured by all possible means to bring down the Regal Power , and set up their own . 3. That upon these very grounds the custome was altered by Act of Parliament , and a Statute made 1. Ewd. VI. ( howsoever since repealed and discontinued , ) that all Processes Ecclesiastical should be made in the Kings name , and not in the Bishops . V. As to the first point , true it is that the manner used by the Bishops in the Ecclesiastical Courts , ( viz. in issuing out Summons , Citations , Processes , giving Iudgments &c. in their own names , and not in the Kings , ) is different from the manner used in the Kings Bench , Exchequer , Chancery , and sundry other Courts . But that difference neither doth of necessity import an independency of the Ecclesiastical Courts upon the King , nor did in all probability arise at the beginning from the opinion of any such independency ; nor ought in reason to be construed as a disacknowledgement of the Kings authority and Supremacy Ecclesiastical . For VI. First there is between such Courts as are the Kings own immediate Courts , and such Courts as are not , a great difference in this point . Of the former sort are especially the Kings Bench and Chancery : as also the Court of Common Pleas , Exchequer , Iustices of Goal-delivery &c. In the Kings Bench the Kings themselves in former times have often personally sate ; whence it came to have the name of the Kings Bench ; neither was it tyed to any particular place , but followed the Kings Person . At this day also all Writs returnable there run in this style , Coram nobis , and not ( as in some other Courts ) coram Iustitiariis nostris or the like : and all judicial Records there are styled , and the Pleas there holden entred , Coram Rege , and not coram Iustitiariis Domini Regis . Appeals also are made from inferiour Iudges in other Courts to the King in Chancery ; because in the construction of the Lawes the Kings Personal Power and Presence is supposed to be there : and therefore Sub-poena's granted out of that Court , and all matters of Record passed there run in the same style Coram Rege &c. Forasmuch as in the Iudges in these two Courts there is a more immediate representation of the Kings Personal power and presence , then in the Iudges of those other Courts of Common Pleas , Exchequer , &c. Which yet by reason of his immediate virtual power and presence are the Kings immediate Courts too . In regard of which his immediate virtual power , although the style of the Writs and Records there be not Coram nobis , Coram Rege , as in the former , but onely Coram Iustitiariis , Coram Baronibus nostris , &c. yet inasmuch as the Iudges in those Courts are the Kings immediate sworn Ministers to execute justice , and to do equal right to all the Kings people in his name , therefore all Processes , Pleas , Acts and Iudgements are made and done in those Courts , as well as in the two former , in the Kings name . But in such Courts as do not suppose any such immediate Representation or presence of the Kings either personal or virtual Power , as that thereby they may be holden and taken to be the Kings own immediate Courts , the case is far otherwise . For neither are the Iudges in those Courts sworn the Kings Iudges , to administer Justice and do right to the Kings subjects in his name and stead : nor do they take upon them the authority , to cite any person , or to give any sentence , or to do any act of Jurisdiction in the Kings name ; having never been by him authorized so to do . Of this sort are amongst others ( best known to them that are skilled in the Laws of this Realm ) all Courts-Baron held by the Lord of a Manner , Customary Courts of Copyholders , &c and such Courts as are held by the Kings grant , by Charter to some Corporation , as to a City , Borough , or Vniversity ; or els by long usage and prescription of time . In all which Courts , and if there be any other of like nature , Summons are issued out , and Iudgements given , and all other Acts and Proceedings made and done in the name of such persons as have chief authority in the said Courts , and not in the name of the King : So as the styles run thus , A. B. Major civitatis Ebor. N. M. Cancellarius Vniversitatis Oxon. and the like ; and not Carolus Dei gratia , &c. VII . Upon this ground it is that our Lawyers tell us out of Bracton , that in case of Bastardy to be certified by the Bishop , no inferiour Court , as London , Yorke , Norwich , or any other Incorporation can write to the Bishop to require him to certify : but any of the Kings Courts at Westminister ( as Common Pleas , Kings Bench &c. ) may write to him to certify in that case . The reason is , Because Nullus alius praeter Regem potest Episcopo demandare inquisitionem faciendam . Which maketh it plain that the Kings immediate powe ( either personal , or virtual ) is by the Law supposed to be present in Courts of the one sort , not of the other : the one sort being his own immediate Courts , and the other not . VIII . Now that the Ecclesiastical Courts wherein the Bishops exercise their Jurisdiction , are of the latter sort , I doubt not but our Law-books will afford plenty of arguments to prove it , beyond all possibility of contradiction or cavil . Which being little versed in those studies I leave for them to find out who have leisure to search the books , and do better understand the nature , constitution , differences and bounds of the several Courts within this Realm . One argument there is , very obvious to every understanding , ( which because I shall have fit occasion a little after to declare , I will not now any longer insist upon , ) taken from the nature of the Iurisdiction of these Courts so far distant from the Iurisdiction appertaining to those other Courts , that these are notoriously separated and in Common and vulgar speach distinguished from all other by the peculiar name and appellation of the Spiritual Courts . But another Argument , which those books have suggested , I am the more willing here to produce , for that it not only sufficiently proveth the matter now in hand , but is also very needful to be better known abroad in the world then it is , for the removing of a very unjust censure , which meerly for want of the knowledge of the true cause , hath been laid upon the Bishops in one particular , to their great wrong and prejudice . It hath been much talked on , not only by the Common sort of people , but by some persons also of better rank and understanding , and imputed to the Bishops as an act of very high insolency , that in their Processes , Patents , Commissions , Licences , and other Instruments whereunto their Episcopal Seale is affixed , so oft as they have occasion to mention themselves , the Style runneth ever more in the Plural number [ Nos G. Cantuar-Archiepiscopus , Coram nobis , Salvo nobis — &c. ] just as it doth in his Majesties Letters Patents and Commissions : thereby shewing themselves ( say they ) as if they were his Fellows and Equals . All this great noise and clamour against the pride of the Bishops upon this score , proceedeth ( as I said ) meerly from the ignorance of the true original cause and ground of that innocent and ancient usage ; and therefore cannot signify much to any reasonable and considering man , when that ground is discovered : which is this , viz. that every Bishop is in construction of our Laws a Corporation . For although the Bishop of himselfe and in his private and personal capacity be but a single person as other men are , and accordingly in his letters concerning his own particular affairs , and in all other his actings upon his own occasions and as a private person writeth of himselfe in the singular number , as other private men do ; yet for as much as in his publike and politick capacity , and as a Bishop in the Church of England , he standeth in the eye of the Law as a Corporation ; the King not only alloweth him acting in that capacity , to write of himselfe in the plural number , but in all writs directed to him as Bishop ( as in Presentations , and the like ) bespeaketh him in the plural number [ Vestrae Diocesis , vobis praesentamus &c. ] The Bishop then being a Corporation , and that by the Kings authority , as all other Corporations ( whether Simple or Aggregate , whether by Charter or Prescription ) are : it is meet he should hold his Courts , and proceed therein in the same manner and form ( where there is no apparent reason to the contrary ) as other Corporations do . And therefore as it would be a high presumption for the Chancellour and Scholars of one of the Universities , being a Corporation , to whom the King by his Charter hath granted a Court , or for the Major and Aldermen of a City for the same reason , to issue Writs or do other acts in their Courts in the Kings name , not having any authority from the King or his grant , or from the Laws and Customs of England so to do : so doubtless it would for the same reason be esteemed a presumption no less intolerable for the Bishops to use the Kings name in their processes and judicial acts , not having any sufficient legal warrant or authority for so doing . IX . Which if it were duly considered , would induce any reasonable man to beleive and confesse that this manner of proceeding in their own names used by the Bishops in their Courts , is so far from trenching upon the Regal power and authority , which is the crime charged upon it by the Objectors , that the contrary usage ( unless it were enjoyned by some Law of the Land , as it was in the Raign of King Edward the Sixth ) might far more justly be charged therewithal . For the true reason of using the Kings name in any Court , is not thereby to acknowledge the emanation of the power or jurisdiction of that Court from , or the subordination of that power unto , the Kings power or authority , as the Objectors seeme to suppose ; but rather to shew the same Court to be one of the Kings own immediate Courts , wherein the King himselfe is supposed ( in the construction of the Law ) either by his personal or virtual power to be present . And the not using of the Kings name in other Courts , doth not infer , as if the Iudges of the said Courts did not act by the Kings authority , ( for who can imagine that they who hold a Court by virtue of the Kings grant only , should pretend to act by any other then his authority ? ) but only that they are no immediate representatives of the Kings person in such their jurisdiction , nor have consequently any allowance from him to use his name in the exercise or execution thereof . X. Secondly , there is another observable difference in this point , between the Kings Common-law-Courts , such as are most of those afore-mentioned , and those Courts that proceed according to the way of the Civil Law. If the King appoint a Constable , or Earle-Marshal , or Admiral of England : for as much as all tryals in the Marshals Court ( commonly called the Court of Honour ) and in the Admiralty are according to the Civil Law ; all Processes therefore , Sentences , and Acts in those Courts go in the names of the Constable , Earle-Marshal , or Admiral , and not in the Kings name . Which manner of proceeding constantly used in those Courts , sith no man hitherto hath been found to interpret , as any diminution at all or dis-acknowledgement of the Kings Soveraignty over the said Courts : it were not possible the same manner of proceeding in the Ecclesiastical Courts should be so confidently charged with so heinous a crime , did not the intervention of some wicked lust or other prevail with men of corrupt minds to become partial judges of evil thoughts . Especially considering that XI . Thirdly , there is yet a more special and peculiar reason to be given in the behalf of the Bishops for not using the Kings name in their Processes , &c. in the Ecclesiastical Courts , then can be given for the Iudges of any other the above-mentioned Courts ( either of the Common or Civil Laws ) in the said respect ; arising ( as hath been already in part touched ) from the different nature of their several respective Iurisdictions . Which is , that the summons and other proceedings and acts in the Ecclesiastical Courts are for the most part in order to the Ecclesiastical censures and sentences of Excommunication , &c. The passing of which sentences and other of like kind , being a part of the power of the Keyes which our Lord Iesus Christ thought fit to leave in the hands of his Apostles and their Successors , and not in the hands of Lay-men ; the Kings of England never challenged to belong unto themselves : but left the exercise of that Power entirely to the Bishops , as the lawful Successors of the Apostles , and inheritours of their Power . The regulating and ordering of that power in sundry circumstances concerning the outward exercise thereof in foro externo , the godly Kings of England have thought to belong unto them as in the right of their Crown ; and have accordingly made Laws concerning the same , even as they have done also concerning other matters appertaining to Religion and the worship of God. But the substance of that power , and the function thereof , as they saw it to be altogether improper to their office and calling : so they never pretended or laid claim thereunto . But on the contrary when by occasion of the title of Supream Head , &c. assumed by King Henry the Eighth , they were charged by the Papists for challenging to themselves such power and authority spiritual ; they constantly and openly disavowed it to the whole world , renouncing all claim to any such power or authority : As is manifest ; not onely from the allowed writings of many godly Bishops , eminent for their learning in their several respective times , in vindication of the Church of England from that calumny of the Papists ; as Archbishop Whitgift , Bishop Bilson , Bishop Andrews , Bishop Carleton , and others : but also by the Injunctions of Queen Elizabeth , and the admonition prefixed thereunto ; by the 37 th Art. . of the Church of England required to be subscribed by all that take Orders in the Church , or Degrees in the Universities ; and by constant declared judgement and practice of the two late Kings of blessed memory , King Iames and King Charles the I st . They who thus expresly disclaimed the medling with Spiritual Censures and the power of the keyes , cannot be rationally supposed to have thought their own presence ( either personal or virtual ) any way requisite in the Courts where such Censures were to be pronounced , and that power to be administred and exercised : and therefore doubtless could not deem it fit or proper , that in the juridical proceedings of such Courts their names should be used . XII . The second point in the charge objected is , that this custome used by the Bishops in acting all things in the Ecclesiastical Courts in their own names grew at first from the exorbitant power of the Popes , who laboured what they could to advance their own greatness by exempting the Clergy from all subjection to Temporal Princes , and setting up an Ecclesiastical power of Jurisdiction independent upon the Secular : and that the Parliament had that sence of it in the Raign of King Edward the Sixth , as the words of the Statute made I. Edward VI. for the altering of the said Custome , do plainly intimate . XIII . In which part of the Charge there is at the most but thus much of Truth . 1. That the Bishops of Rome did not omit with all sedulity to pursue the grand design of that See , which was to bring all Christian Princes into subjection to it self . 2. That all the labouring for the Exemption of the Clergy from the Secular Powers , was in order to that design . 3. That the Bishops manner of using their own names in all acts of their Iurisdiction , ( looked upon alone and by it self without any consideration of the true reasons thereof ) doth carry , by so much the more , shew of serving the Papal Interest , then if they should do all in the King's Name , by how much the acknowledging the Kings Supremacy-Ecclesiastical is less apparent therein , then in the other . 4. That the want of such an express acknowledgement of the King's Supremacy , together with the jealousies the State had in those times over any thing that might seem to further or favour the usurped Power of the Pope in the least degree ; might very probably in this particular ( as well as it did in some other things ) occasion such men as bear the greatest sway in managing the publick affairs in the beginning of that godly ( but young ) King 's Raign , out of a just detestation of the Papacy to endeavour overhastily the abolishing of whatsoever was with any colour suggested unto them to savour of Popery , without such due examination of the grounds of those Suggestions as was requisite in a matter of so great importance . XIIII . This is all we can ( perhaps more then we need ) yield unto in this point of the Charge . But then there are some other things which we cannot easily assent unto : as viz. 1. That this custome had undoubtedly its original and growth from the Popes usurped power . Which as we think it impossible for them to prove ; so it seemeth to us the less probable , because by comparing of this course used in the Ecclesiastical Courts with the practise of sundry other Courts , some of like , some of different nature thereunto , we have already shewed the true reasons and grounds of the difference between some Courts and othersome in this particular . 2. That it is a rag or relique of Antichristian tyranny . Which we believe to be altogether untrue . Not only for the reasons before specified , and for that the same is done in sundry other Courts , holden within this Realm without any note of Antichristianisme or Popery fastened thereupon : but also because it hath been constantly continued in this Kingdome ( the short Raign of King Edward the Sixth only excepted ) with the allowance of all the Protestants Kings and Queens of this Realm ever since the Reformation . Who , although they be ever and anon taxed by the Puritane-faction ( unjustly and insolently enough ) for want of a Through-Reformation , and leaving so much Popish trash unpurged in the point of worship and Ceremonies : yet have not usually been blamed by that party for being wanting to themselves in vindicating to the uttermost their Regal authority and Supremacy Ecclesiastical from the usurped power of the Bishops of Rome in any thing wherein they conceived it to be many wise or degree concerned . As also because this manner of proceeding in the Courts Ecclesiastical hath been constantly and without scruple of Conscience or suspition of Popery used and practised by all our godly and Orthodoxe Bishops ; even those , who have been the most zealous maintainers of our Religion against the Papists , and such as have particularly written against the Antichristian tyranny of the Pope , or in defence of the Kings Supremacy in matters Ecclesiastical ; as Iewel , Bilson , Abbots , Buckridge , Carleton , and many others . XV. But against all this that hath been said , how agreeable soever it may seem to truth and reason , may be opposed the judgement of the whole Realm in Parliament ( the Bishops themselves also then sitting and voting as well as other the Lords and Commons ) in the first year of the Raign of King Edward the Sixth , who thought fit by their Act to alter the aforesaid form , and that upon the two aforesaid grounds , viz. that it was contrary to the form and order of the Common Law-Courts , and according to the form and manner used in the time of the usurped power of the Bishop of Rome . Which being the last and weightiest point in the Charge , is the more considerable , in that besides its own strength , it giveth also farther strength and confirmation to the other two . XVI . But for answer unto this argument drawn from the judgement of the Parliament , as it is declared in the Statute of ● Edw. 6. I would demand of the Objectors , where they place the chief strength of the Argument : whether in the authority of the persons ( viz. the great Assembly of State convened in Parliament so judging ; or in validity of those reasons , which led them so to judge . If in this later , their judgment can weigh no more , then the reasons do whereon it is built ; the frailty whereof we have already examined and discovered . If in the Authority of the Judges ; we lay in the ballance against it the judgment of the Kingdome in all the Parliaments after the decease of King Edward for above fourscore years together : the first whereof repeated that Statute ; and none of those that followed ( for ought appeareth to us ) ever went about to revive it . XVII . If it shall be said first , That the enacting of that Statute by King Edward was done in order to the farther abolishing of Popery , and the perfecting of the Reformation begun by his Father : I answer , that as it was a very pious care , and of singular example in so young a Prince , to intend and endeavour the reformation of Religion and the Church within his Realms ( for which even at this day we have cause to acknowledge the good providence of Almighty God in raising him up to become so blessed an instrument of his glory and our good : ) so on the other side we cannot doubt but that the business of Reformation under him was carried on with such mixture of private ends and other human frailties and affections , as are usually incident into the enterprising of great affairs , especially such as cannot be effected without the assistance of many Instruments . All of which in likelyhood being not of one judgement and temper , but having their several inclinations , passions and interests with great difference ; the product of their endeavours ( whatsoever sincerity there were in the intentions of the first mover ) must needs be such , as the constitution of the most prevalent instruments employed in the work would permit it to be . The very name of Reformation of Religion and manners , and of abuses crept into the Church or Common-wealth , carrieth with it a great deal of outward glory and lustre , filling the hearts of men with expectations of much happiness to ensue , and in that hope is evermore entertained with general applause , especially of the vulgar sort : because men look upon it as it were in the Idea , ( that is to say , as it is fancied and devised in the mind and imagination ) and abstractedly from those impediments and inconveniences , which when they come ad practicandum and to put their thoughts in execution , they shall be sure to meet withal more or less , to render the performance short of the promise and expectation . XVIII . Now because Reformation is so much talked of in these evil dayes of ours , wherein thousands of well-meaning people have been seduced into dangerous by-paths by that specious Name : it will not be amiss , ( though we may seem perhaps to digress a little for it ) to prompt the Reader to some considerations , that may incline him rather to suspect a thing to be ill done , then to be confident that it is well done , if he have no other reason of that confidence but this , that it is pretended to be done by way of Reformation . XIX . It is considerable first , that Reformation is the usual vizard , wherewith men of insatiable avarice or ambition disguise their base unworthy intentions , that the ugliness thereof may not appear to vulgar eyes . Seldome hath any Sacrilegious or Seditious attempt appeared abroad in the world , and been countenanced either by the Great ones or the Many ; which hath not been ushered in by this piece of Hypocrisie . Not to look further ( backward or forward ) for instances in both kindes , then to the Raign of that King wherein the Statute so much insisted upon was made ; It cannot be denied , but that during the Raign of that religious and godly young King ( without his knowledge as we verily hope and believe , or at most through the malitious suggestions and cunning insinuations of some that were about him ) such Sacriledges were acted , and that under the name & pretence of Reformation , as have cast a very foul blemish upon our very Religion , especially in the eyes of our Adversaries , who have ever shewed themselves forward enough to impute the faults of the persons to the Profession . And under the same pretence of Reformation were also masked all the bloodshed , mischiefs and outrages committed by Kett and his seditious rabble in the same Kings Raign : insomuch as a great Oak whereat they appointed their usual meetings , and whereon ( by the just judgement of God ) himself the ringleader of that rebellion was afterwards hanged , was by them called the Oak of Reformation . By what was done in those times , ( ill enough indeed , yet modestly in comparison of what hath been done in ours ) we may have a near guess what their meaning is , that are so eagerly set upon a Thorow-Reformation ( as they call it ) in the Church , in the Commonwealth , in the Vniversities : even to get into their own hands and disposal all the Haces and Offices of power or profit in them all . I dare not say , ( for truly of some I believe the contrary , and hope the same of many more ) that all those that joyn in vote or act with those plansible pretenders of Reformation , or wish well unto them in the simplicity of their hearts , are guilty of their abominable hypocrisie . But sure all experience sheweth , that in great Councels there are evermore some one or a few 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , active and cunning men that are able by the reputation of their wisdome and abilities of speech to carry all businesses in the vogue even as themselves have before-hand closely contrived them : leading on the rest , as a bell-weather doth the whole flock , or as a crafty fore-man of a Iury doth the whole dozen , which way soever they please ; who follow tamely after ( quâ itur , non quâ eundum ) in an implicit belief , that that must needs be the right way , which they see such skilful guides to have taken before them . XX. But say there were no such reserved secret sinister ends either in the chief Agents or their Ministers , but that a just Reformation were as really and sincerely intended by them all , as it is by some of them speciously pretended : yet is it considerable Secondly , how very difficult a thing it is , in the business of Reformation to stay at the right point , and not to overdo , by reason of that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whereby we are very apt in declining one of the extreams to fall into the other , either in point of opinion or practice . In detestation of the heresie of Nestorius , who distinguished the persons in Christ , because he knew there were two natures ; Eutyches went so far as to confound the natures , because he knew there was but one person . And because the Papists by the multitude and pompousness of their Ceremonies had taken away much of the inward vigour of Gods publick worship , by drawing it too much outward ; the Puritanes in opposition to them , and to reform that errour , by stripping it of all Ceremonies have left it so bare , that ( besides the unseemliness ) it is well nigh starved for want of convenient clothing . It is in the distempers of the body politick in this respect not much otherwise then it is in those of the body natural . In an Ague , when the cold sit hath had his course , the body doth not thence return to a kindly natural warmth , but falleth speedily into a burning preternatural heat , nothing less ( if not rather more ) afflictive then the former . And how osten have Physicians , ( not the unlearned Empericks onely , but even those best renowned for their skill and judgement , ) by tampering with a crazy body to master the predominancy of some noxious humour therein , cast their patients ere they were aware under the tyranny of another and contrary humour as perillous as the former : or for fear of leaving too much bad blood in the veins , have letten out too much of the vital spirits withall ? Onely the difference is , that in bodily diseases this course may be sometimes profitably experimented , and with good success ; not onely out of necessity , when there is no other way of cure left , ( as they use to say , Desperate diseases must have desperate remedies : ) but also out of choice , and in a rational way ; as Hippocrates adviseth in the case of some cold diseases to cast the patient into a burning feaver , which he calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . And I remember to have read somewhere to that purpose such an Aphorisme as this , Vtile est innasci sebrem in spasmo . But for the remedying of Moral or Politick distempers , it is neither warrantable nor safe to try such experiments : Not warrantable ; because we have no such rule given us in the Word of God whereby to operate : nor safe ; because herein the Mean onely is commendable , all Extreams ( whether in defect or excess ) vitious . Now what defects or excesses there might be in the Reformation of Religion and the Church within these Realms during the Raigns of K. Henry the Eighth , King Edward the Sixth , and Queen Elizabeth ; it doth not become me , neither is it needful , to examine . But sure it is , they that had the managery of those affairs in their several respective times were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , made of the same day with other men , subject to infirmities and passions , and to be byassed with partial affections , and those affections capable to be enflamed with zeal , cooled with delayes , enraged by opposition , and allayed by seasonable applications . And therefore although we cannot say for certain with what affections those Reformers in the beginning of Edward's Raign were steered in the whole business : yet it is very possible , and in this particular of the Statutes , ( from the weakness of the reasons therein expressed ) not improbable , that the jealousies they had of the Papal power so lately ejected might make them more abundantly cautelous and sollicitous to secure themselves thereagainst , then need required . Verily the temper of those times and men , and the Reformation made about those times in other countreys considered ; we have far greater cause to bless God that in their then ▪ Reformation in very many things they did not a great deal worse , then to blame them that in some few things they did not a little better , then they have done . XXI . It is further considerable Thirdly , that where a Reformation is truly intended , and the thing it self intended by that Reformation to be established is also within a tolerable compass of Mediocrity ; there may yet be such errour in the choice of the means to be used for the accomplishing of those intentions , as may vitiate the whole work , and render it blame-worthy . For although it be a truth so expresly affirmed by the Apostle , and so agreeable to the dictates of right reason [ That we may not do any evil thing for any good end ] as that I should scarce have believed it possible that any man that pretended to be Christian or but reasonable should hold the contrary , had I not been advertised by very credible persons that some men of eminent place and power did so , by distinguishing ( but beside the book , and where the Law distinguisheth not ) between a publick and a private good end : yet the eagerness of most men in the pursuance of such ends as they are fully bent upon , and their pride of spirit disdaining to be crossed in their purposes , and impatient of meeting with any opposition ; putteth them many times upon the use of such means as seem for the present best conducing to the ends they have proposed to themselves , without any sufficient care to examine whether such means be lawful or not . For either they run on headlong and are resolved not to stick at any niceties of conscience , but being ingaged in a design to go through with it per fas & nefas ; measuring honesty by utility : or els they gather up any thin fig-leaves where they can meet with them to hide the deformity of their actions if it were possible even from their own eyes ; and are willing their affections should bribe and cheat their judgements with any weak reasons to pronounce that lawful to be done which they have a mind to do , the secret checks and murmurings of their consciences to the contrary notwithstanding . Hence it is , that whereas men ought to conform all their wills and actions to the exact rule of Gods Word , they do so often in stead thereof crooken the rule to make it comply with their actions and desires : raising such doctrines and conclusions from the sacred Texts of Scripture by forced inferences , as will best serve to give countenance to whatsoever they fancie to be , or please to call Reformation ; and to whatsoever means they should use for the effecting of such Reformation , though it were by popular tumults , civil war , despising Governours , breaking Oaths , open Rebellion , or any other act how unjust soever and full of disloyalty . Which made Learned Zanchy , observing in his time how Anabaptists and all sorts of Sectaries , that attempted to bring in any new and unheard of alteration in Religion into the Churches of Christ , by any means though never so seditious and unlawful , did yet justifie all their enterprises by this , that they were done in order to a more perfect Reformation , to cry out , Ego non intelligo istam Reformatorum mundi ●●elogiam . Whether this observation be so sitly applyable to those times of King Edwards Reformation , as the two former considerations were , I know not : I am sure it sitteth but too well to these evil times of ours , wherein the pretence of a Thorow-Reformation serveth as a foile to set off the blackest crimes that ever the Christian world was guilty of . XXII . Lastly , say there should be nothing amiss in any of the premisses , but that the intentions were sincere , the proceedings moderate , and the means lawful : yet since no wit of man is at the present able to foresee all the inconveniences that may ensue upon any great and suddain change of such Lawes and Customes as have been long and generally observed , till time and experience discover them ; it may very well ( and not seldome doth ) come to pass , that the Reformation intended for the remedying of some one abuse , or the preventing of some present apparant inconvenience , may open a gap to let in some other abuses or inconveniences , which ( though yet undiscerned ) may in time prove to be more and greater , then those that were sought to be remedyed . Physicians tell us that all sudden changes in the body are dangerous : and it is no otherwise in the Church and State. Which is the ground of that Maxime , well approved of all wise men , if rightly understood , Malum benè positum non movendum : and of that other , so famous in the Ancient Councels , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Let the old Customes be observed . And therefore Aristotle gravely censureth that Law made by Hippodamus the Milesian Law-giver , That whosoever should devise any new Law for the common good should be rewarded by the State , as a Law indeed foolish and pernicious , how specious and plausible soever it seemed at the first appearance : because ( saith he ) it would but encourage busie & active spirits to be alwayes innovating some thing or other in the State , which might finally tend to the subversion of all ancient Lawes and Customes , and consequently of the whole Government it self . Now that the Reformation in King Edwards dayes , as to this particular in that Statute concerned , was subject at least to this frailty , we may very probably gather ( a posteriori ) from this ; that after it was once repealed , they that had to do in the Reformation ever since , thought it sit rather to let it lye under that repeal , then to revive it . XXIII . There can be no doubt , but that to an objection made from the force of a Statute , it is a sufficient answer ( if it be true ) to say that the said Statute hath been repealed and so continueth . Yet the adversaries of Episcopacy are so pertinaciously bent to hold their Conclusion in despite of all Premisses , that they seem to be nothing satisfied there withal , but dividing the answer , turn the former part of it ( viz. that of the Repeal ) to their own advantage . For say they , that Repeal being made by Queen Mary , who was a professed Papist , and a Persecuter of the Protestant Religion , was certainly an Act of hers done in favour of Popery ; and so is a strong confirmation , that the form of proceeding formerly used by the Bishops in the Ecclesiastical Courts , prohibited by the Statute of King Edward , but restored by that her Repeal , was a popish practice , and more besitting Papists then Protestants to use . XXIV . To return a full answer hereunto ; first it shall be willingly granted , that Queen Mary , being a zealous Papist , did cause that Statute made in the first of her Brothers Raign to be repealed out of pure zeal to the Romish Religion , and in favour of the Pope and of his Iurisdiction . Both bee use she conceived ( which was true ) that her late Brother being a Protestant had by that Statute prohibited the Bishops to do sundry things in their own names , of purpose thereby to lessen the Popes authority within his Realms : as also because their using of the Kings name in their Processes and Acts carried with it ( as we formerly granted ) a more express and evident acknowledgment of the Kings Supremacy Ecclesiastical , then the contrary custome doth . XXV But then secondly , this being granted , it will by no means follow either first , that the repeal of that Statute is not to be valued by any Protestant ; or that secondly the custome of the Bishops prohibited by the Statute and restored by the Act of Repeal was Popish ; or thirdly , that our former answer was unsufficient : not the first , because we are not to look upon the Statute and upon the Act of Repeal , as they were made , the one by a Protestant the other by a Papist ( for that were to judge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and with respect of persons ; ) but to consider whether the reasons whereupon the Statute was grounded were in veritate rei such , as that it ought not to have been repealed either by Papist or Protestant . Which reasons how they have been valued , appeareth upon the post-fact in this ; that a Papist Princess by the principles of her Religion could do no less then repeal that Statute , and a Protestant Princess without prejudice to the principles of her Religion might continue that Repeal . XXVI . Not the second : because that very Statute of I. Edward the Sixth , by which it is ordained that all Summons , Citations and other Processes Ecclesiastical be made in the name and with the style of the King , doth it self sufficiently absolve the contrary custome formerly used by the Bishops acting in their own names , from being either Popish or otherwise derogatory to the Kings Supremacy . Inasmuch as by Proviso's in the said Statute the Bishops are still permitted in some cases to use their own names without any mention at all to be made of the King : as namely the Archbishop of Canterbury to grant Faculties and Dispensations ; and every other Bishop to make Collations , Presentations , Institutions and Inductions of Benefices , Letters of Orders and Dimissories &c. under their own names and seals , as by the words of the said Statute doth plainly appear . Which sure would not have been permitted in any case , had the thing it self been by them conceived to have been simply and de toto genere either Popish or prejudicial to the Regal Power . XXVII . Not the Third : because they disjoynt our former answer , that they might make their advantage of the one piece of it severed from the other . For the strength of the answer ( it being copulative ) was not to lye in either part alone , but in both together taken joyntly ; and indeed more principally in the later part which they slightly put off , then in the former whereat they take advantage . We do not say that the objecting of that Statute is of little moment against us , because it was repealed by Queen Mary ( though that repeal alone is sufficient to make it void and invalid as to all effects in Law : ) but because being then repealed it was never after revived in the Raigns either of Queen Elizabeth , King Iames , or his Majesty that now is : which sheweth that the Act of Repeal ( as to the point now in dispute ) was by them approved of , and intended to continue in force . And it will thence follow further and most clearly , that in the judgement of all these wise and religious Princes , there was a great difference between the Papal and the Episcopal Iurisdiction , as they had been either of them exercised within these Realms : and that the Papal was prejudicial to the Regal Power and Supremacy , but the Episcopal was not . XXVIII . Neither doth that suffice which is put in by way of Reply hereunto , to alledge that the continuance of the old custome ( after the repeal made ) happened either through inadvertency of the State , or by reason of the great power some or other of the Bishops ever had with those Princes . For it cannot be doubted but that the State , having before them a Precedent of so late and fresh memory as the Statute of 1. Edw. 6. would at some time or other within the space of fourscore years ( especially there being no want in those dayes of enough greedy Great-ones and factious Disciplinarians to remind them of it ) have taken a time to frame and pass a Bill for the reviving of that Statute : if they had deemed the custome , therein forbidden , Popish or derogatory either to the Kings honour or power , or had not rather found sufficient reason to perswade them that the said Statute was inconvenient , or at leastwise useless . And as for the Bishops , they that understand the condition of those first times well know that ( under God and his good providence ) they stood in a manner by the immediate and sole favour of Queen Elizabeth . The Papists on the one side hated them above all other sorts of men , because of their Religion , and their abilities above all other men to defend it . On the other side the Puritanes who envied their power , and some great ones about the Court , who having tasted the sweet of Sacriledge in the times of the two last Kings , thirsted after the remainder of their Revenues , complyed either with other , for their several respective ends , against the Bishops . Which being so , it had been the foolishest thing in the world for the Bishops , to have used that power or interest they had with the Queen ( upon whose favour or displeasure their whole livelyhood depended ) for the procuring of her consent to any Act to be done in favour of them , that malice it self could with any colourable construction interpret either to savour of Popery , or to trench upon the Royal Supremacy : That Queen having both by her sufferings before , and actions after she came to the Crown , sufficiently witnessed to the world her averseness from Popery : and being withall a Princess of a great Spirit , and particularly jealous in the point of Prerogative . XXIX . Whence I think we may ( with good reason ) conclude , that the ancient custome of the Bishops in making Summons , &c. in their own names , after it was by the Act of Repeal 1. Mar. restored , was continued by Queen Elizabeth and her successours ever since without interruption , or reviving of the Statute of King Edward : neither out of any inadvertency in the State , nor through any importune or indirect labouring of the Bishops , as by the Objectors is weakly presumed ; but advisedly and upon important considerations , viz. that the devising of such a new way , as is set forth and appointed in the said Statute , was not only a needless thing , ( and Laws should not be either made , or altered , but where it is needful so to do , ) but subject also to manifest both inconvenience , and Scandal . XXX . That it was altogether needless to change the old Custome may appear by this , that all the imaginable necessity or utility of such a change could be onely this : To secure the King by using his Name in their Processes &c. ( as a real acknowledgement that their Iurisdiction is derived from him and no other . ) that the Bishops had no intention in the exercise of their Episcopal power to usurp upon his Ecclesiastical Supremacy . Which Supremacy of the King , and Superiority of his Jurisdiction & Authority over that which the Bishops exercised , being already by so many other wayes and means sufficiently secured ; it could argue nothing but an impertinent jealousie , to endeavour to strengthen that security by an addition of so poor and inconsiderable regard . XXXI . The Kings of England are secured against all danger that may accrue to their Regal power from Episcopal Iurisdiction as it hath been anciently and of later times exercised in this Realm : First by the extent of their Power over the persons , and livelihoods of the Bishops , and over the whole State Ecclesiastical , as in the ancient right of the Crown , which how great it was , may appear by these three particulars . XXXII . First , the Collation and Donation of Bishopricks together with the nomination of the persons to be made Bishops , in case they did by their Writ of Conge d'eslier permit the formality of Election to others , did alwayes belong to the Kings of this Realm , both before and since the Conquest , as in right of their Crown . Our learned Lawyers assure us , that all the Bishopricks of this Realm are of the Kings foundation : that they were originally donative , and not elective : and that the full right of Investiture was in the King , who signified his pleasure therein per traditionem baculi & annuli , by the delivery of a ring and a Crosier-staff to the person by him elected and nominated for that office . The Popes indeed often assayed to make them elective , either by the Dean and Canons of the Cathedral , or by the Monkes of some principal Abbey adjoyning : but the Kings still withstood it , and maintained their right as far as they could or durst . Insomuch as King Henry the First being earnestly sollicited by the Pope to grant the election of Bishops to the Clergy , constanter allegavit ( saith the story ) and verbis minacibus , he stoutly and with threats refused so to do , saying he would not for the loss of his Kingdome lose the right of those Investitures . It is true that King Iohn , a Prince neither fortunate nor couragious , being overpowred by the Popes , did by Charter in the Seventeenth year of his Raign grant that the Bishopricks of England should be eligible . But this notwithstanding in the Raign of King Edward the Third , it was in open Parliament declared and enacted , that to the King and his heirs did belong the collation of Archbishopricks , &c. and all other dignities that are of his Advowson ; and that the elections granted by the Kings his progenitors were under a certain form and condition , viz. that they should ask leave of the King to elect , and that after the election made they should obtain the Kings consent thereunto ; and not otherwise . XXXIII . Secondly , the King hath power , if he shall see cause , to suspend any Bishop from the execution of his Office for so long time as he shall think good : yea , and to deprive him utterly of the dignity and office of a Bishop , if he deserve it . Which power was de facto exercised both by Queen Mary and Queen Elizabeth in the beginning of their several Raigns upon such Bishops as would not conform to their Religion . XXXIV . Thirdly , the Kings of England have a great power over the Bishops in respect of their Temporalties , which they hold immediately of the King per Baroniam ; and which every Bishop Elect is to sue out of the Kings hands ( wherein they remained after the decease of the former Bishop during the Vacancy , ) and thence to take his only restitution into the same , making Oath and fealty to the King for the same upon his Consecration . Yea , and after such restitution of Temporalties and Consecration , the King hath power to seize the same again into his own hands , if he see just cause so to do . Which the Kings of England in former times did so frequently practice upon any light displeasure conceived against the Bishops ; that it was presented as a grievance by the Arch-bishop of Canterbury and the other Prelates by way of request to King Edw. 3. in Parliament , and thereupon a Statute was made the same Parliament , that thenceforth no Bishops Temporalties should be seized by the King without good cause . I finde cited by Sir Edward Coke out of the Parliament Rolls 18. H. 3. a Record , wherein the King straightly chargeth the Bishops not to intermeddle in any thing to the prejudice of his Crown ; threatning them with seisure of their Temporalties if they should so do . The words are , Mandatum est omnibus Episcopis quae conventuri sunt apud Gloucestr ' ( the King having before summoned them by writ to a Parliament to be holden at Gloucester ) firmiter inhibendo , quod sicut Baronias suas quas de Rege tenent diligunt , nullo modo praesumant concilium tenere de aliquibus quae ad Coronam pertinent , vel quae personam Regis vel Statum suum , vel Statum concilii sui contingunt ; scituri pro certo quod si fecerint , Rex inde capiet se ad Baronias suas , &c. By which Record , together with other the premisses , it may appear , that the Kings by their Ancient right of Prerogative had sundry wayes power over the Bishops whereby to keep them in obedience , and to secure their Supremacy from all peril of being prejudiced by the exercise of Episcopal Iurisdiction . XXXV . Yet in order to the utter abolishing of the Papal usurpations and of all pretended forraign power whatsoever in matters Ecclesiastical within these Realms , divers Statutes have been made in the Raign of King Henry the Eighth and since for the further declaring and confirming of the Kings Supremacy Ecclesiastical . Wherein the acknowledgement of that Supremacy is either so expresly contained , or so abundantly provided for ; as that there can be no fear it should suffer for lack of further acknowledgement to be made by the Bishops in the style of their Courts . Amongst other , First , by Statute made 25. H. 8. 19. upon the submission and petition of the Clergy it was enacted , that no Canons or Constitutions should be made by the Clergy in their Convocation without the Kings licence first had in that behalfe , and his royal assent after : and likewise that no Canon &c. should be put in execution within the Realm that should be contrariant or repugnant to the Kings Prerogative Royal , or the Customes , Lawes , or Statutes of the Realm . Then Secondly , by the Statute of 1. Eliz. cap. 1. all such Ecclesiastical Iurisdictions , Priviledges , Superiorities and Pre-eminences , as had been exercised or used , or might be lawfully exercised or used by any Ecclesiastical power or authority was ( declared to be ) for ever united and annexed to the Imperial Crown of this Realm . And Thirdly , it was also in the same Statute provided , that the Oath of Supremacy ( wherein there is contained as full an acknowledgement of the Kings Ecclesiastical Suprenacy as the wit of man can devise ) should be taken by every Archbishop and Bishop &c. which hath been ever since duely and accordingly performed . XXXVI . Lastly from receiving any prejudice by the Bishops and their Iurisdiction , the Regal power is yet farther secured , by the subordination of the Ecclesiastical Laws and Courts to the Common Law of England , and to the Kings own immediate Courts . For although the Ecclesiastical Laws be allowed by the Laws of this Realm , and the proceedings in the Ecclesiastical Courts be by the way of the Civil and not of the Common Law : yet are those Laws and proceedings allowed with this limitation and condition , that nothing be done against the Common Law whereof the Kings prerogative is a principal part ) nor against the Statutes and Customes of the Realm . And therefore the Law alloweth Appeales to be made from the Ecclesiastical Courts to the King in Chancery : and in sundry cases , where a cause dependeth before a Spiritual Iudge , the Kings prohibition lyeth to remove it into one of his Temporal Courts . XXXVII . Having so many several ties upon the Bishops to secure themselves and their Regal authority from all danger that might arise from the abuse of the Ecclesiastical Power and Iurisdiction exercised by the Bishops in their Courts ( by the ancient prerogative of their Crown , by the provisions of so many Statutes and Oaths , by the remedy of the Common Law : ) the Kings of England had no cause to be so needlesly cautelous as to be afraid of a meere formality , the Style of a Court. Especially considering the importance of the two Reasons expressed in the Statute of King Edward , as the onely grounds of altering that Style , not to be such as would countervaile the Inconvenience and Scandal that might ensue thereupon . XXXVIII . For whereas it was then thought convenient , to change the Style used in the Ecclesiastical Courts , because it was contrary to the form used in the Common-Law-Courts within this Realm , ( which is one of the Reasons in the said Statute expressed : ) it might very well upon further consideration be afterwards thought more convenient for the like reason to retain the accustomed Style , because otherwise the forme of the Ecclesiastical Courts would be contrary to the form of other Civil-Law-Courts within the Realm ( as the Admiralty , and Earle-Marshals Court , ) and of other Courts of the Kings grant made unto Corporations ; with either of which , the Ecclesiastical Courts had a nearer affinity , then with the Kings Courts of Record , or other his own immediate Courts of Common Law. Nor doth there yet appear any valuable reason of difference , why Inconformity to the Common Law-Courts should be thought a sufficient ground for the altering of the forms used in the Ecclesiastical Courts ; and yet the like forms used in the Admiralty , in the Earle-Marshals Court , in Courts Baron , in Corporation-Courts &c. should ( notwithstanding the same inconformity ) continue as they had been formerly accustomed without alteration . XXXIX . If any shall alledge as some reason of such difference , the other Reason given in the said Statute ; viz. that the form and manner used by the Bishops was such as was used in the time of the usurped power of the Bishop of Rome : besides that therein is no difference at all , ( for the like forms in those other aforesaid Courts were also in use in the same time ; ) there is further given thereby great occasion of Scandal to those of the Church of Rome . And that two wayes : First , as it is made a Reason at all ; and Secondly , as it is applyed to the particular now in hand . First , whereas the Papists unjustly charge the Protestant Churches with Schism for departing from their Communion : it could not but be a great Scandal to them , to confirm them in that their uncharitable opinion of us , if we should utterly condemn any thing as unlawful , or but even forbid the use of it as inexpedient , upon this onely grouud or consideration , that the same had been used in the times of Popery , or that it had been abused by the Papists . And truly the Puritanes have by this very means given a wonderful Scandal and advantage to our Adversaries , which they ought to acknowledge and repent of : when transported with an indiscreet zeal they have cryed down sundry harmeless Ceremonies and customes as superstitious and Antichristian , onely for this that Papists use them . Whereas godly and regular Protestants think it agreeable to Christian liberty , charity and prudence , that in appointing Ceremonies , retaining ancient Customes , and the use of all other indifferent things such course be held , as that their moderation might be known to all men ; and that it might appear to their very Adversaries , that wherein they did receed from them or any thing practised by them , they were not thereunto carried by a Spirit of contradiction , but either cast upon it by some necessity of the times , or induced for just reasons of expediency so to do . XL. But then Secondly , as that Reason relateth to the present business in particular , the Scandal thereby given is yet greater . For we are to know , that when King Henry the Eighth abolished the Papal Power , resuming in his own hand the ancient rights of the Crown , which the Bishops of Rome had unjustly usurped : he took upon himselfe also that title which he then found used by the Bishops of Rome , but which none of his Progenitors the Kings of this Realm had ever used , of being the Supream head of the Church within his Dominions . This title continued during the Reign of his son King Edward the Sixth , by whom the Statute aforesaid was made , and is mentioned in that very Statute . Now albeit by that title or appellation was not intended any other thing , then that Supremacy Ecclesiastical which the Kings of this Land have , and of right ought to have , in the governance of their Realms over all persons and in all causes Ecclesiastical as well as other , and which is in the Oath of Supremacy ackowledged to belong unto them : yet the Papists took Scandal at the novelty thereof , and glad of such an occasion made their advantage of it , to bring a reproach upon our Religion ; as if the Protestants of England were of opinion , that all Spiritual Power did belong unto the King , and that the Bishops and Ministers of England had their whole power of Preaching , administring the Sacraments , Ordaining , Excommunicating , &c. solely and originally from the King , as the members of the body live by the influence which the Head hath into them . Upon their clamours , that title of Supream head and governour was taken into farther consideration in the beginning of Queen Elizabeths Raign . And although that style in the true meaning thereof was innocent and defensible enough : yet for the avoiding of Scandal and Cavil , it was judged more expedient that the word Head should thenceforth be laid aside , and the style run only Supream Governour ; as we see it is in the Oath of Supremacy and otherwhere ever since , without mentioning the word Head ; according to the intimations given in the Queens Injunctions and elswhere in that behalfe . And it seemeth to me very probable , that for the same reason especially ( besides those other reasons already given ) it was thought fitter by Her then , and by her successours hitherto ; that the Bishops in all their Ecclesiastical Courts and proceedings should act in their own names as formerly they had done , then that the Statute of King Edward should be revived , for doing it in the Kings name . For the sending out processes &c. in order to Excommunication and other Church-censures in the Kings name , would have served marvellously to give colour , ( and consequently strength , in the apprehension at least of weaker judgements ) to that calumny wherewith the Papists usually asperse our Religion , as if the Kings of England took themselves to be proper and competent Iudges of Censures meerly spiritual in their own persons , and the Prelates accordingly did acknowledge them so to be . Thus have I shewen to the satisfaction ( I hope ) of the ingenuous and unprejudiced Reader , that Episcopacy is no such dangerous creature either in the Opinion or Practice , as some would make the world believe it is : but that the Kings Crown may stand fast enough upon his head , and flourish in its full verdure , without plucking away or displacing the least flower in it , notwithstanding Episcopacy should be allowed to be of Divine Right in the highest sence , and the Bishops still permitted to make their Processes in their own names and not in the Kings . By this time I doubt not , all that are not willfully blind ( for who so blind , as he that will not see ? ) do see and understand by sad experience , that it had been far better both with King and Kingdome then now it is , or ( without Gods extraordinary mercy ) is like to be in haste : if the enemies of Episcopacy had meant no worse to the King and his Crown , then the Bishops and those that favoured them did . A POST-SCRIPT to the Reader . WHereas in my Answer to the former of the two Objections in the foregoing Treatise , I have not any where made any clear discovery what my own particular judgement is concerning the Jus divinum of EPISCOPACY in the stricter sense , either in the Affirmative or Negative : and for want of so doing , may perhaps be censured by some to have walked but haltingly , or at least wise with more caution and mincing , then became me to do in a business of that nature ; I do hereby declare , 1. That , to avoid the starting of more Questions then needs must , I then thought it fitter ( and am of the same opinion still ) to decline that Question , then to determine it either way : such determination being clearly of no moment at all to my purpose , and for the solving of that Objection . 2. That nevertheless , ( leaving other men to the liberty of their own judgements ) my opinion is , that EPISCOPAL GOVERNMENT is not to be derived meerly from Apostolical Practise or Institution : but that it is originally founded in the Person and Office of the Messias , our blessed Lord JESUS CHRIST . Who being sent by his Heavenly Father to be the great Apostle , [ HEB. III. 1. ] Bishop and Pastor [ 1 PET. II. 25. ] of his Church , and anointed to that Office immediately after his Baptisme by JOHN with power and the Holy Ghost [ ACT. X. 37-8 . ] descending then upon him in a bodily shape [ LUK. III. 22. ] did afterwards before his Ascension into Heaven , send and impower his holy Apostles , ( giving them the Holy Ghost likewise as his Father had given him ) in like manner as his Father had before sent him [ JOH . XX. 21. ] to execute the same Apostolical , Episcopal and Pastoral Office for the ordering and governing of his Church until his coming again : and so the same Office to continue in them and their Successours , unto the end of the world . [ MAT. XXVIII . 18 — 20. ] This I take to be so clear , from these and other like Texts of Scripture ; that if they shall be diligently compared together , both between themselves , and with the following practise of all the Churches of Christ , as well in the Apostles times as in the Purest and Primitive times nearest thereunto ; there will be left little cause , why any man should doubt thereof . 3. That in my Answer to the later Objection I made no use at all ( nor indeed could do ) of the Opinion of the Reverend Judges in that point , nor of his Majesties Proclamation grounded thereupon . For although the Proclamation had been extant Ten years before this task was imposed upon me ; yet I had never seen , nor so much as heard of the same in all the time before , nor yet in all the time since ; till about ten dayes ago I was advertised thereof , when these Papers were then going to the Press . Which , since they give so much strength to the main Cause , and so fully avoid the Objection ; I have followed the advise of some friends , and caused them to be printed here withal . FINIS . Notes, typically marginal, from the original text Notes for div A61839-e1990 See Stat. 25. H. 8. 20 ; 1. Edw. 6. 2. Cok. 1. Instit. 2. Sect. 648. Stat. for the Clergy 14. ● . 3. cap. 3.