CERTAIN CONSIDERATIONS touching the better pacification, and Edification of the Church of ENGLAND: Dedicated to his most Excellent Majesty. Printed for HENRY TOMES. CERTAIN CONSIDERATIONS touching the better pacification, and Edification of the Church of ENGLAND: Dedicated to his most Excellent Majesty. THE Unity of Your Church, (Excellent Sovereign) is a thing no less precious, than the Union of your Kingdoms, being both Works wherein your happiness may contend with your worthiness. Having therefore presumed not without your Majesty's gracious acceptation, to joy somewhat of the one, I am the more encouraged not to be silent in the other; the rather, because it is an Argument that I have traveled heretofore: But Solomon commendeth a word spoken in season; and as our Saviour (speaking of the discerning of seasons) saith, when you see a cloud rising in the west, you say it willbe a shower: So your Majesty, rising to this Monarchy in the West parts of the World, doth promise a sweet and fruitsull hour of many blessings upon this Church and Commonwealth, a shower of that influence, as the very first dews and drops thereof, have already laid the storms and winds throughout Christendom, reducing the very face of Europe, to a more peaceable and amiable Countenance. But to the purpose. It is very true that these Ecclesiastical matters, are things not properly appertaining to my profession, which I was not so inconsiderate, but to object to myself: but finding that it is many times seen, that a man that standeth off, and somewhat removed srom a plot of ground, doth better survey it and discover it, than those which are upon it, I thought it not impossible, but that I as a looker on, might cast mine eyes upon some things which the Actors themselves, (especially some being interessed, some led and addicted, some declared and engaged) did not, or would not see; And that knowing in my conscience, whereto God beareth witness, that the things which I shall speak, spring out of no vain of popularity, ostentation, desire of novelty, partiality to either side, disposition to intermeddle, or any the like Leven I may conceive hope, that what I want in depth of judgement, may be countervailed in simplicity, and sincerity of affection. But of all things, this did most animate me, that I found in these opinions of mine, (which I have long held and embraced, as may appear by that which I have many years since written of them, according to the proportion nevertheless of my weakness) a consent and conformity with that which your Majesty hath published, of your own most Christian, most wise and moderate sense in these causes: wherein you have well expressed to the World, that there is infused in your sacred breast from God, that high principle and position of Government, That you ever hold the whole more dear, than any part. For who seeth not, that many are affected and give opinion in these matters, as if they had not so much a desire to purge the evil from the good, as to countenance and protect the evil by the good. Others speak as if their scope were only to set forth what is good, and not to seek forth what is possible, which is to wish and not to propound. Others proceed, as if they had rather a mind of removing, than of reforming. But howsoever either side as men, though excellent men shall run into extremities, yet your Majesty, as a most wise, equal, and christian Moderator, is disposed to find out the golden mediocrity, in the establishment of that which is sound, and in the reparation of that which is corrupt and decayed. To your Princely judgement than I do in all humbleness, submit whatsoever I shall propound, offering the same but as a mite into the Treasury of your wisdom? For as the Astronomers do well observe, that when three of the superior Lights do meet in conjunction, it bringeth forth some admirable effects: so there being joined in your Majesty the light of Nature, the light of Learning, and above all the light of God's holy spirit, it cannot be but your government must be as a happy constellation ovet the States of your Kingdoms. Neither is there wanting to your Majesty that fourth Light, which though it be but a borrowed Light, yet is of singular efficacy and moment added to the rest, which is the Light of a most wise, and well compounded Council, to whose Honourable and grave Wisdoms I do likewise submit whatsoever I shall say; Hoping that I shall not need to make protestation of my mind and opinion, that until your Majesty doth otherwise determine and order, all actual and full obedience is to be given to Ecclesiastical jurisdiction, as it now stands, and when your Majesty hath determined and ordered, that every good Subject ought to rest satisfied, and apply his obedience to your Majesty's Laws, Ordinances, and Royal commandments. Nor of the dislike I have of all immodest bitterness, peremptory presumption, popalar handling, and other courses tending rather to rumour and impression in the vulgar sort, than to likelihood of effect, joined with observation of duty. But before I enter into the points contronerted, I think good to remove (if it may be) two opinions, which do directly confront and oppone to reformation, the one bringing it to a nullity, and the other to an impossibility. The first is, That it is against good policy to innovate any thing in Church matters. The other, That all reformation must be after one Platform. For the first of these, it is excellently said by the Prophet, State super vias antiquas, & videte quanam fit via recta & vera, & ambulate in ea. So as he doth not say, State super vias antiquas, & ambulare in eyes. For it is true, that with all wise and moderate persons, custom and usage obtaineth that reverence, as it is sufficient matter to move them to make a stand, and to discover and take a view, but it is no warrant to guide or conduct the; a just ground I say it is of deliberation, but not of direction. But on the other side, who knoweth not that time is truly compared to a stream, that carrieth down fresh and pure waters into that salt sea of corruption which environeth all humane actions? And therefore if man shall not by his industry, virtue, and policy, as it were with the oar row against the stream and inclination of time, all institutions and ordinances be they never so pure will corrupt and degenerate. But not to handle this matter common-place-like, I would only ask, why the civil State, should be purged and restored by good and wholesome Laws made every third or fourth year in Parliaments assembled, devising remedies as fast as time breedeth mischiefs, & chose the Ecclesiastical State should still continue upon the dregs of time, and receive no alteration now for these five and sortie years and more? If any man shall object, that if the like intermission had been used in Civil causes also, the error had not been great. Surely, the wisdom of the Kingdom hath been otherwise in experience, for three hundred years' space at the least. But if it be said to me, that there is a difference between Civil causes and Ecclesiastical, they may as well tell me, that Churches and Chapels need no reparations, though Castles and houses do; whereas commonly to speak truth, dilapidations of the inward and spiritual edifications of the Church of God are in all times as great, as the outward and material. Sure I am, that the very word and style of Reformation used by our Saviour, ab initio non suit it a, was applied to Church matters, and those of the highest nature concerning the Law moral. Nevertheless, he were both unthankful and unwise that would deny, but that the Church of England during the time of Queen Elizabeth of famous memory did flourish. If I should compare it with foreign churches, I would rather the comparison shouldbe in the virtues, then as some make it in the defects, rather I say, as between the Vine & the Olive, which should be most fruitful, & not as between the briar and the thistle, which should be most unprofitable. For that reverence should be used to the Church which the good sons of Noah used to their father's nakedness; that is, as it were to goebackwards, and to help the defects thereof, and yet to dissemble them. And it is to be acknowledged, that scarcely any church since the Primitive Church, yielded in like manner of years and Latitude of Country, a greater number of excellent Preachers, Famous Writers, and grave Governors; but for the discipline and Orders of the Church, as, many and the chiefest of them are very holy and good, so yet if Saint john were to indite an Epistle to the church of England, as he did to them of Asia, it would sure have the clause Habeo adverse us to pauca. And no more for this point, saving that as an appendixe thereunto, it is not amiss to touch that objection, which is made to the time and not to the matter, pretending that is Reformation were necessary, yet it were not now seasonable at your majesty's first entrance. Yct Hypocrates saith, si quid moues à principio move. And the wisdom of all examples doth show, that the wisest Princes, as they have eve: been the most sparing in removing or alteration of servants and officers upon their coming in; so for removing of abuses and enormities, and for reforming of Laws and the policy of their States, they have chiefly sought to enable and commend their beginnings therewith, knowing that the first impression with people continueth long, and when men's minds are most in expectation and suspense, then are they best wrought and managed. And therefore it seemeth to me, that as the spring of nature, I mean the spring of the year, is the best time for purging and medicining the natural body; so the spring of Kingdoms, is the most proper season for the purging and rectifying of politic bodies. There remaineth yet an objection rather of suspicion then of reason, and yet such as I think maketh a great impression in the minds of very wise and well affected persons; which is, That if way be given to mutation, though it be in taking away abuses, get it may so acquaint men with sweetness of change, as it will undermine the stability even of that which is sound and good. This surely had been a good and true allegation in the ancient contentions and divisions between the people and the Senate of Reme, where things were carried at the appetites of multitudes which can never keep within the compass of any moderation. But these things being with us to have an orderly passage under a King who hath a Royal power, and approved judgement, and knoweth as well the measure of things, as the nature of them, is surely a needless fear. For they need not doubt, but your Majesty with the advice of your Council, will discern what things are intermingled like the rares amongst the wheat, which have their roots so enwrapped and entangled, as the one cannot be pulled up without endangering the other, and what are mingled, but as the chaff and the corn, which needs but a fan to fifth and sever them. So much therefore for the first point of no reformation to be admitted at all. For the second point. That there should be but one form of Discipline in all Churches, and that imposed by a necessity of a commandment and prescript out of the word of God; it is a matter Volumes have been compiled of, and therefore cannot receive a brief redargution. I for my part do confess, that in revealing the Scriptures, I could never find any such thing, but that God had left the like liberty to the Church-government, as he hath done to the Civil government, to be varied according to time and place and accidents, which nevertheless, his high and divine providence doth order and dispose; for all civil governments are restrained from God unto the genarall grounds of justice and manners, but the policies and forms of them are left free. So that Monarchies and Kingdoms, Senates and Seignories, popular States and Commonalties, are all lawful and where they are planted aught to be maintained inviolate. So likewise in Church matters, the substance of Doctrine is immutable, and so are the general Rules of government; but for Rites and Ceremonies and for the particular Hierarchies, policies, and disciplines of Churches, they be left at large. And therefore it is good we return unto the ancient bonds of unity, in the Church of God, which was one Faith, one Baptism, and not one Hierarchy, one Discipline, and that we observe the league of Christians as it is penned by our Saviour Christ which is in substance of doctrine this, He that is nos with us, is against us. But in things indifferent and but of circumstance, this, He that is not against us, is with us. In these things so as the general rules be observed that Christ's Flocks be fed; that there be a succession in Bishops and Ministers, which are the Prophets of the New Testament, that there be a due & reverend use of the power of the Keys; that these that Preach the Gospel, live of the Gospel; that all things tend to edification; that all things be done in order and with decency, and the like; the rest is left to the holy wisdom and spiritual discretion of the master-builders and inferior builders in Christ's Church, as it is excellently alluded by that Father that noted that Christ's Garment was without seam, and yet the Church's garment was of diverse colours, and thereupon setteth down for a Rule; In veste varies as sit scissura non sit. In which variety nevertheless it is a safe and a wise course to follow good examples and precedents. But then the rule of imitation and example, is to consider not only which are the best, but which are the likest, as namely the government of the Church, in the purest times of the first good Emperors that embraced the Faith. For the times of persecution before temporal Princes received the Faith, as they were excellent times for doctrine and manners, so they be unproper and unlike examples of outward government and policy. And so much for this point: now to the particular points of Controversies or rather of Reformation. Circumstances in the Government of Bishops. FIrst therefore for the Government of Bishops, I for my part not prejudging the Precedents of other reformed Churches, do hold it warranted by the word of God and by the practice of the ancient Church in the better times, and much more convenient for Kingdoms then parity of Ministers, and government by Synods. But then further it is to be considered, that the Church is not now to plant or build, but only to be pruned from corruptions and repaired, and restored in some decays. For it is worth the noting, that the Scripture saith, Translato acerdotio, necesse est us & Legis fiat translatio. It is not possible in respect of the great and near sympathy between the State Civil, and the State Ecclesiastical, to make so main an alteration in the Church, but it would have a perilous operation upon the Kingdom; and therefore it is fit, that controversy be in peace and silence. But there be two circumstances in the administration of Bishops, wherein I confess I could never be satisfied. The one, The sole exercise of their authority; The other, the Deputation of their authority. For the first, the Bishop giveth orders alone, excommunicateth alone, judgeth alone. This seems to be a thing almost without example in government, and therefore not unlikely to have crept in the degenerate and corrupt times. We see the greatest Kings and monarchs have their Counsels. There is no temporal Council in England of the higher sort where the authority doth rest in one person. The Kings-bench, Common-pleas, and the Exchequer, are benches of a certain number of judges. The Chancellor of England hath an Assistance of 12. Masters of the Chancery. The Master of the Wards hath a council of the Court; So hath the Chancellor of the Duchy. In the Excliequer Chamber, the Lord Treasurer is joined with the Chancellor and the Barons; The Masters of the Requests are ever more than one. The justices of Assile are two. The Lord Precedents in the Marches and in the North, have counsels of diverse. The Star-chamber is an assembly of the King's privy Council aspersed with Lords Spiritual and Temporal. So as in all Courts the principal person hath ever either Colleagues or Assessors. The like is to be found in other well governed Kingdoms abroad where the jurisdiction is yet more distributed, as in the Courts of Parliament of France, and in other places. No man will deny, but the Acts that pass the Bishops' jurisdiction, are of as great importance as those that pass the Civil Courts; for men's souls are more precious than their bodies or goods, & so are their good names. Bishops have their infirmities, and have no exception from that general malediction which is pronounced against all men living, Va sole, nam si occiderit, etc. Nay, we see that the first warrant in Spiritual causes is directed to a number Dei Ecclesia, which is not so in temporal matters; And we see that in general causes of Church government, there are aswol Assemblies of all the Clergy in Counsels, as of the States in Parliament, whence should this sole exercise of jurisdiction come? Surely, I do suppose and think upon ground, that ab initio non fuit ita; and that the Deans and Chapters were Counsels about the Seas and chairs of Bishops at the first, and were unto them a Presbytery, or Consistory, and intermeddled not only in the disposing of their revenues and endowments, but much more in jurisdiction Ecclesiastical. But it is probable, that the Dean and Chapter stuck close to the Bishops in matters of profit and the world, and would not lose their hold; but in matters of jurisdiction, (which they accounted but trouble and attendance) they suffered the Bishops to encroach and usurp, and so the one continueth, and the other is lost. And we see that the Bishop of Rome, (f●● est & ab hoste doceri, and no question in that Church the first institutions were excellent) performeth all Ecclesiastical jurisdiction as in Consistory. And whereof consisteth this Consistory, but of the parish Priests of Rome, which term themselves Cardinals, à cardivibus mundi, because the Bishop pretendeth to be universal over the whole world. And hereof again we see diverse shadows, yet remaining; As that the Dean and Chapter, Proforma chooseth the Bishop, which is the highest point of jurisdiction. And that the Bishop when he giveth orders, if there be any Ministers casually present, calleth them to join with him in imposition of hands, and some other particulars. And therefore it seems to me a thing reasonable and religious, and according to the first institution, that Bishops in the greatest causes, and those which require a spiritual discerning, namely in ordaining, suspending or depriving Ministers in excommunication being restored to the true and proper use as shall be afterwards touched, in sentencing the validity of Marriages, and legittimations, in judging causes criminous as Simony, incest, blasphemy and the like, should not proceed sole and unassisted, which point as I understand, is a Reformation that may be planted sine strepitu, without any perturbation at all, and is a matter which will give strength to the Bishops, countenance to the inferior degrees of Prelates or Ministers, and the better issue or proceeding in those causes that shall pass. And as I wish this strength given to the Bishops by Council, so it is not unworthy your Majesty's Royal consideration, whether you shall not think fit to give strength to the general Council of your Clergy, the Convocation House, which was then restrained, when the state of the Clergy was thought a suspected part to the Kingdom in regard of their late homage to the Bishop of Rome, which state now will give place to none in their loyalty and devotion but to your Majesty. For the second point, which is the Deputation of their Authority, I see no perfect and sure ground for that neither, being somewhat different from the examples and rules of government. The Bishop exerciseth his jurisdiction by his Chancellor and commissary, Official, etc. We see in all Laws in the world; Offices of confidence and skill cannot be put over nor exercised by deputy, except it be especially contained in the original grant, and in that case it is dutisull. And for experience, there was never any Chancellor of England, made a Deputy. There was never any judge in any Court, made a Deputy. The Bishop is a judge, and of a high Nature, whence cometh it that he should depute, considering that all trust and confidence as was said is personal and inherent, and cannot or ought not to be transposed? Surely in this again ab initio nonfuitsta, but it is probable, that Bishops when they gave themselves too much to the glory of the world, and became Grandes in Kingdoms, and great Councillors to Princes, than did they deleague their proper jurisdiction as things of too inferior a nature for their greatness; and then aster this similitude and imitation of Kings and Counts Palatine, they would have their Chancellors and judges. But that example of Kings and Potentates giveth no good defence. For the reasons why Kings administer by their judges, although themselves are supreme judges, are two. The one because the offices of Kings are for the most part of inheritance, and it is a Rule in all Laws; That Offices of inheritance, are rather matters that sound in interest, then in confidence, forasmuch as they may fall upon woman, upon Infants; upon Lunatics and idiots, persons uncapable to execute judicature in person, and therefore such Offices by all Laws might ever be exercised and administered by delegation. The second reason is, because of the amplitude of their jurisdiction, which is as great as either their birthright from their Ancestors, or their sword-right from God, maketh it. And therefore if Moses that was Governor over no great people, and those collected together in a camp, and not scattered in Provinces and cities, himself likewise of an extraordinary spirit, was nevertheless not able to suffice and hold out in person-to judge the people, but did by the advice of jethro approved from God, substitute Elders and judges; how much more other Kings and Princes. There is a third Reason likewise, not much to the present purpose, and that is: That Kings either in respect of the Common, wealth, or of the greatness of their own Patrimonies, are usually parties in suits, and then their judges stand indifferent between them and the subject. But in the case of Bishops, none of these reasons hold. For first, their Office is elective and for life, and not patrimonial or hereditary; an Office merely of confidence, science and qualification. And for the second reason, it is true that their jurisdiction is ample and spacious, and that their time is to be divided between the labours as well in the word and doctrine, as in government and jurisdiction. But yet I do not see, supposing the Bishops' Courts to be used uncorruptly, and without any indirect course held to multiply causes for gain of fees, but that the Bishop might very well for causes of moment, supply his judicial function in his own person. For we see before our eyes, that one Chancellor of England dispatcheth the suits in equity of the whole Kingdom; which is not by reason of the excellency of that rare honourable Person which now holdeth that place, but it was ever so, though more and less burdenous to the suitor, as the Chancellor was more or less able to give dispatch. And if heed be taken to that which was said before, that the Bishops' labour in the word must take up a principal part of his time, so I may say again, that matters of State have ever taken up most of the Chauncellors' time, having been for the most part persons upon whom the Kings of this Realm have most relied for matters of Council. An therefore there is no doubt, but the Bishop, whose circuit is less ample, and the causes, in nature not so multiplying, with the help of references and certificates to and from fit persons for the better ripening of causes in their mean proceedings, and such ordinary helps incident to jurisdiction, may very well suffice his Office. But yet there is an other help, for the causes that come before him are these, Tithes, Legacies and Administrations, and other teftamentary causes, causes Matrimonial, accusations against Ministers tending to their suspension, deprivation or degrading, Simony, incontinency, Heresy, Blasphemy, breach of Saboth, and other like causes of scandal. The first two of these in mine opinion, differ from the rest, that is, Tithes and Testaments, for those be matters of profit and in their nature Temporal, though by a favour and connivance of the temporal jurisdiction, they have been allowed and permitted to the Courts Ecclesiastical; the one, to the end the Clergy might sue for that that was their sustentation, before their own judges; and the other in a kind of piety and Religion, which was thought incident to the performance of dead men's Wills. And surely for these two, the Bishop in mine opinion, may with less danger discharge himself upon his ordinary judges. And I think likewise it will fall out that those suits are in the greatest number. But for the rest, which require a Spiritual science and discretion in respect of their nature, or of the scandal, it were reason in my opinion there were no audience given, but by the Bishop himself, he being also assisted as was touched before, but it were necessary also he were attended by his Chancellor or some others his Officers, being learned in the Civil Law, for his better instruction in points of formality, or the courses of the Court, which if it were done, than were there less use of the Officials Court; where of there is now so much complaint. And causes of the nature aforesaid being only drawn to the Audience of the Bishop, it would repress frivolous and poling suits, and give a grave and incorrupt proceeding to such causes as shallbe fit for the Court. There is a third point also, not of jurisdiction, but of form of proceeding, which may discern Reformation; the rather because it is contrary to the Laws and Customs of this Land and State, which though they do not rule those proceedings, yet may they be advised with for better direction, and that is, the Oath ex Officio, whereby men are enforced to accuse themselves, and that that is more, are sworn unto Blanques, and not unto accusations and charges declared. By the Laws of England, no man is bound to accuse himself. In the highest cases of treason, torture is used for discovery, and not for evidence. In capital matters, no delinquents answer upon oath is required, no not permitted. In criminal matters not capital, handled in the Star Chamber, and in causes of Conscience handled in the Chancery, for the most part grounded upon trust and secrecy, the oath of the party is required. But how? where there is an accusation and an Accusor, which we call bills of complaint, (from which the complainant cannot vary, and out of the compass of the which the defendant may not be examined) exhibited unto the Court, and by Proccs notified unto the defendant. But to examine a man upon oath out of the insinuation of fame, or out of accusations secret and undeclared, though it have some countenance from the Civill-law, yet is so opposite ex diametro to the sense and course of the Common-Law, as it may well receive some limitation. Concerning the Liturgy, the Ceremonies, and Subscription. FOr the Liturgy, great respect and heed would be taken, lest by inveighing against the dumb Ministry due reverence be not with drawn from the Liturgy. For though the gift of Preaching, be far above that of Reading, yet the action of the Liturgy is as high and holy as that of the Sermon. It is said, Domus me a domus or ationis vocabitur, The house of Prayer, not the house of Preaching. And whereas the Apostle saith: How shall men call upon him on whom they have not belerued? and how shall they believe unless they hear? and how shall they bear without a Preacher? It appeareth that as Preaching is the more original, so Prayer is the more final, as the difference is between the seed and the fruit for the keeping of God's Law; is the fruit of the teaching of the Law, and Prayer, or Inuecation, or Divine service, or Liturgy (for these be but variety of terms) is the mediate hallowing of the Name of God, and the principal work of the first Table, and of the great Commandment of the Law of God. It is true that the Preaching of the holy word of God, is the sowing of the seed, it is the lifting up of the brazen serpent, the Ministry of Faith and the ordinary means of salvation, but yet it is good to take example, how that the best Actions of the worship of God may be extolled excessively and superstitiously. As the extolling of the Sacrament bred the superstition of the Mass; the extolling of the Liturgy and prayers, bred the superstition of the Monastical orders and orisons; And so no doubt Preaching likewise may be magnified and extolled superstitioufly, as if all the whole body of God's worship should be turned into an ear. So as none (as I suppose) of sound judgement, will derogate from the Liturgy, if the form thereof be in all parts agreeable to the word of God, the example of the Primitive Church, and that holy decency which S. Paul commendeth. And therefore first, that there be a set form of prayer, and that it be not left, either to an extemporal form, or to an arbitrary form. Secondly, that it consist aswell of lauds, hymns, and thanksgivings, as of petitions, prayers & supplications. Thirdly, that the form thereof be quickened with some shortness, and diversities of prayers and hymns and with some interchanges of the voice of the people, as well as of the voice of the Minister. Fourthly, that it admit some distinctions of times and commemorations of Gods principal benefits, as well general as particular. Fifthly, that prayers likewise be appropriated to several necessities and occasions of the Church. Sixtly, that there be a form likewise of words and Liturgy in the administration of the Sacraments, and in the denouncing of the censures of the Church, and other holy actions and solemnities. These things I think will not be much controverted. But for the particular exceptions to the Liturgy in form as it now stands, I think diverse of them allowing they were just, yet seem they not to be weighty, otherwise then that nothing ought to be accounted light in matters of Religion and piety, as the Heathen himself could say, Etiam vultu sape laeditur pietas. That the word Priest should not be continued especially with offence, the word Minister being already made familiar. This may be said that it is a good Rule in translation, never to confound that in one word in the translation, which is precisely distinguished in two words in the original, for doubt of aequivocation and traducing. And therefore seeing the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be always distinguished in the original, and the one used for a Sacrificer, the other for a Minister, the word Priest being made common to both, whatsoever the derivation be, yet in use it confoundeth the Minister with the Sacrificer. And for an example, of this kind, I did ever allow the discretion and tenderness of the Rhemish translation in this Point, that finding in the original the Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and never 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, do ever translate Charity, and never Love, because of the indifferency and equivocation of the word with impure Love.. Touching the Absolution, it is not unworthy consideration whether it may not be thought unproper and unnecessary, for there are but two sorts of Absolution, both supposing an obligation precedent: the one upon an Excommunication, which is Religious and Primitive; the other upon Confession and Penance which is superstitious, or at least positive, and both particular, neither general. Therefore since the one is taken away, and the other hath his proper case, what doth a general Absolution wherein there is neither Penance nor Excommunication precedent. For the Church never looseth, but where the Church hath bound. And surely, I may think, this at the first was allowed in a kind of Spiritual discretion, because the Church thought the people could not be suddenly weaned from their conceit of assoiling, to which they bade been so long accustomed. For Confirmation, to my understanding the state of the Question is, whether it be not a matter mistaken and altered by time, and whether that be not now made a subsequent to Baptism, which was indeed an inducement to the Communion. For whereas in the Primitive Church, children were examined of their Faith before they were admitted to the Communion, time may seem to have turned it to refer as if it had been to receive a confirmation of their Baptism. For Private Baptism, by Women or Lay-people, the best Divines do utterly condemn it, and I hear it not generally defended, and I have often marvelled, that when the Book in the Preface to public Baptism, doth acknowledge that Baptism in the practice of the Primitive Church, was anniversary and but at set and certain times, which showeth that the Primitive Church, did not attribute so much to the Ceremony, as they would break an outward and general order for it, the Book should afterwards allow of Private Baptism, as if the Ceremony were of that necessity as the very Institution, which committed Baptism only to the Ministers, should be broken in regard of the supposed necessity. And therefore this point of all others, I think was but a concessum propter duritiam cordis. For the form of celebrating Matrimony; the Ring seemeth to many even of vulgar sense and understanding, a Ceremony not grave, specially to be made (as the words make it) the essential part of the action: besides some other of the words are noted in speech to be not so decent and fit. For Music in Churches. That there should be singing of Psalms and spiritual songs, is not denied, so the Question is De modo; wherein if a man will look attentively into the order and observance of it, it is easy to discern, between the wisdom of the institution, and the excesseof the late times. For first, there are no Songs or Verses sung by the Choir, which are not supposed, by continual use, to be so familiar with the people as they have them without book, whereby the sound hutteth not the understanding, and those which cannot read upon the book, are yet partakers of the sense and may follow it with their mind. So again, after the reading of the Word of God, it was thought fit there should be some pause for holy meditation before they proceeded to the rest of the service; which pause was thought fit to be filled rather with some grave sound, then with a still silence, which was the reason of the plaving upon the Organs after the Scriptures read. All which was decent and tending to edification. But then the curiosity of division and reports, and other figures of Music, have no affinity with the reasonable service of God, but were added in the more pompous times. For the Cap and Surplsce, since they be things in their nature indifferent, and yet by some held superstitious, and that the question is between Science and Conscience, it seemeth to fall within the compass of the Apostles rule, which is, that the stronger do descend and yield to the weaker. Only, the differenceis, that it will be materially said, that the rule holds between private man, and private man, but not between the conscience of a private man, and the order of a Church. But yet since the question at this time is of a toleration, not by connivance which may encourage disobedience, but by law which may give a liberty, it is good again to be advised, whether it fall not within the equity of the former rule. The rather because the silencing of Ministers by this occasion, is in this scarcity of good Preachers, a punishment that lights upon the people, as well as upon the party. And for the Subscription it seemeth to be in the nature of a confession, and therefore more proper to bind in the unity of Faith, and to be urged rather for Articles of doctrine, then for Rites and Ceremonies and points of outward government. For howsoever politic considerations and reasons of State may require uniformity, yet Christian and divine grounds look chiefly upon unity. Touching a Preaching Ministry. TO speak of a learned Ministry, it is true, that the worthiness of the Postors and Ministers is of all other points of religion the most summary; I do not say the greatest, but the most effectual towards all the rest. But herein to my understanding, while men go on in Zeal to hasten this work; they are not aware of as great or greater inconvenience then that which they seek to remove. For while they inveigh against a dumb Ministry, they make too easy and too promiscuous an allowance of such as they account Preachers; having not respect enough to their learn in other Arts, which are handmaidens to Divinity; nor respect enough to the gift itself which many times is none at all. For God forbid that every man that can take unto himself boldness to speak an hour together in a Church upon a Text, should be admitted for a Preacher though he mean never so well, I know there is a great latitude in gifts and a great variety in Auditories and Congregations, but yet so, as there is aliquid infionum, below which you ought not to descend. For you must rather leave the Ark to shake, as it shall please God, then put unworthy hands to hold it up, and when we are in God's Temple, we are warned rather to put our hands upon our mouth, then to offer the Sacrifice of fools. And surely, it may be justly thought, that amongst manycauses of Athiesme, which are miserably met in our Age, as Schisms and controversies, profane scoffing in holy matters and others, it is not the least that diverse do adventure to haudle the word of God, which are unfit and unworthy. And herein I would have no man mistake me, as if I did extol curious and affected Preaching, which is as much on the other side to be disliked, and breeds Atheism and scandal as well as the other (for who would not be offended at one that comes into the pulpit, as if he came upon the Stage, to play parts or prizes,) neither on the other side, as if I would discourage any who hath any tolerable gift. But upon this point, I ground three considerations, whether it were not requisite to renew that good Exercise which was practised in this Church some years, and afterwards put down, by order indeed from the Church in regard of some abuse thereof, inconvenient for those times, and yet against the advice and opinion, of one of the greatest and gravest Prelates of this Land, and was commonly called Prophesying; which was this; That the Ministers within a Precinct, did, meet upon a week day, in some principal Town, where there was some ancient grave Minister, that was Precedent, and an Auditory admitted of Gentlemen, or other persons of leisure; then every Minister successively, beginning with the youngest, did handle one and the same piece of Scripture, spending severally some quarter of an hour or better, & in the whole, some two hours; and so the Exercise being begun and concluded with prayer, and the Precedent giving a Text for the next meeting, the Assembly was dissolved. And this was as I take it, a fortnight's Exercise, which in my opinion was the best way to frame and train up Preachers to handle the Word of God as it ought to be handled, that hath been practised. For we see Orators have their Declamations, Lawyers have their mootes, Logicians their Sophems, and every practice of Science hath an exercise of erudition and imitation, before men come to the life, only Preaching which is the worthiest, and wherein it is most danger to do amiss, wanteth an introduction, and is ventured and rushed upon at the first; but unto this Exercise of the Prophecy, I would wish these two additions; the one, that after this Exercise which is in some sort public, there were immediately a private meeting of the same Ministers where they might brotherly admonish the one the other, and especially the elder sort the younger, of any thing that had passed in the Exercise in matter or manner unsound and uncomely. And in a word might mutually use such advice, instruction, comfort or encouragement, as occasion might minister for public reprehension were to be debarred. The other addition that I mean is, that the same Exercise were used in the Universities for young Divines before they presumed to Preach, as well as in the Country for Ministers, for they have in some Colleges an exercise called a Common-place which can m no degree, be so profitable, being but the speech of one man at one time. And if it be feared that it may be occasion to whet men's speeches for Controversies, it is easily remedied by some strict prohibition, that matters of Controversy tending any way to the violating or disquicting of the peace of the Church be not handled or entered into; which prohibition in regard there is ever to be a grave person Precedent or Moderator, cannot be suffered. The second consideration is, whether it were not convenient there should be a more exact probation and examination of Ministers. Namely, that the Bishops do not ordain alone but by advice, and then that the ancient holy orders of the Church might be revived, by the which the Bishop did ordain Ministers but at four set times in the year, which were called, Quatuor tempora which are now called Ember-weeks; it being thought fit to accompany so high an action with general Fasting, and Prayer, and Sermons, and all holy exercises. And the names likewise of those that were ordained were published some days before their ordination, to the end exceptions might be taken if just cause; were. The third consideration is, that if the case of the Church of England be, that where a computation is taken of all the perochian Parishes, as allowing the union of such as were too small, and adjacent, and again a computation to be taken of the persons who are worthy to be Paftors. And if upon the said account it fall out, that there are many more Churches than Pastors, then of, necessity, recourse must be had to one of these remedies; either that Pluralities must be allowed, specially if you can by permutations make the benefices more compatible, as there be allowed Preachers to have a more general charge to supply and serve by turn Parishes unfurnished. For that some Churchas should be provided of Pastors able to teach, and other wholly destitute, seemeth to me to be against the Communion of Saints, and Christians, and against the practice of the Primitive Church. Touching the abuse of Excommunication. EXcommunication is the greatest judgement upon the earth, being that which is ratified in Heaven, and being a precursorie or prelasorie judgement of Christ in the end of the world; and therefore for this to be used unreverently, and to be made an ordinary process to lackey up and down for Fees, how can it be without derogation to God's honour, and making the power of the keys contemptible? I know very well the defence thereof, which hath no great force, That it issues forth not for the thing itself, but for the contumacy. I do not deny but this judgement is as I said before, of the nature of God's judgement, of the which it is a model; For as the judgement of God taketh hold upon the least sin of the impenitent, so excommunicatiò, may in case issue upon the smallest offence, and in case not issue upon the greatest, but is this contumacy, such a contumacy as Excommunication is now used for? for the contumacy must be such, as the party, as far as the eye and wisdom of the Church can discern, standeth in state of reprobation and damnation, as one that for that time seemeth given over to final impenitency. Upon this observation I ground' two considerations; The one, that this censure be restored to the true dignity and use thereof, which is that it proceed not but in cases of great weight, and that it be decreed not by any Deputy or substitute of the Bishop, but by the Bishop in person; and not by him alone, but by the Bishop assisted. The other Consideration is, that in lieu thereof, there be given to the Ecclesiastical Courts, some ordinary process, with such force and coercion, as appertaineth. That so the dignity of so high a sentence being retained, and the necessity of mean process supplied, the Church may be indeed restored to the Ancient vigour and splendour. To this purpose joined with some other holy and good purposes, was there a Bill drawn in Parliament in the three and twenty year of the reign of the Queen deceased, which was the gravest Parliament that I have known, and the Bill recommended by the gravest Counsellor of Estate in Parliament, though afterwards it was stayed by the Queen's special commandment, the nature of those times considered. Touching the Nonresidents and Pluralities. FOR Non residents except it be just of necessary absence, it seemeth to be an abuse drawn out of covetousness and sloth; for that men should live of the flock that they do not feed, or at the Altar at which they do not serve, is a thing that can hardly receive just defence, And to exercise the office of a Pastor in matter of word and doctrine by deputy, is a thing not warranted as hath been touched before. The question upon this point doth chiefly arise upon the cases of exception, and excusation, which shall be thought reasonable and sufficient, & which not, for the case of Chaplains, let me speak that with your Majesty's pardon, and with due reverence towards other Peers and grave persons, which are by Statutes privileged, I should think that the attendance which Chaplains give to your Majesty's Court, and in the Houses and Families of their Lords, were a juster reason why they should have no Benefice, then why they should be qualified to have two, for as it standeth with Christian policy, that such attendance be in no wise neglected; because that good which ensueth thereof to the Church of God, may excced or countervail that which may sollow of their labours in any, though never so large a congregation, so it were reasonable that their maintenance should liberally proceed thence whence their labours be employed. Neither are there wanting in the Church, Dignities and preferments not joined with any exact cure of souls, by which and by the hope of which such attendants in ordinary who ought to be as for the most part they are of the best gifts and sort, may be further encouraged and rewardeds And as for extraordinary attendants they may very well retain the grace and countenance of their places and duties at times incident thereunto without discontinuance or nonresidence in their pastoral charges. Next, for the case of Intending studies in the Universities, it will now easily receive an Answer, for studies do but serve and tend to the practice of those studies; And thereof over by that which most principal and final to be left undone, for the attending of those which is subservient and subministrant, seemeth to be against proportion of reason. Neither do I see but that they proceed Rightwell in all knowledge which do couple study with their practice, and do not first study altogether and then practise altogether. And therefore they may very well study at their benefice. Thirdly, for the case of extraordinary service of the Church, as if some Pastor be sent to a general Counsel, or here to a Convocation, and likewise for the case of necessity, as in the particular of infirmity of body and the like, no man will contradict, but there may be some substitution for such a time. But the general case of necessity, is the case of Pluralities, the want of Pastors and insufficiency of livings considered. Posilo, that a man doth faithfully and incessantly divide his labours between two Cures, which kind of necessity I come now to speak of, in the handling of Pluralities. For Pluralities, in case the number of able Ministers were sufficient, and the value of the Benefices were sufficient, than Pluralities were in no sort tolerable. But we must take heed we desire not contraries; For to desire that every parish should be furnished with a sufficient Preacher, and to desire that Pluralities be forthwith taken away, is to desire things contrary, considering de facto, there are not sufficient Preachers for every Parish; whereto add likewise, that there is not sufficient living and maintenance in many parishes to maintain a Preacher, and it makes the impossibility yet much the greater. The remedies in rerum natura are but three, Union, Permutation, and Supply. Union, of such Benefices as have the Living too small, & the parish not too great, and are adjacent. Permutation, to make Benefices more compatible men be overruled to some loss in changing a better for a nearer. Supply, by stipendary Preachers to be rewarded with some liberal stipends to supply as they may, such places which are unfurnished of sufficient Pastors, as Queen Elizabeth amongst other her Christian acts, did erect certain of them in Lancashire, towards which persons, I see no reason but reading Ministers if they have rich Benefices should be charged. Touching the Provision for sufficient maintenance in the Church. TOuching Church maintenance it is well to be weighed, what is jure divino, and what is jure positive; it is a constitution of the Divine law, wherefrom Human laws cannot derogate; that those that feed the flock, should live of the flock; that those which serve at the Altar, should live at the Altar; and which dispense Spiritual things, should reap Temporal things. Of which it is also an appendix, that the proportion of this maintenance be not small or necessitious, but plentiful and liberal; so that all the places and offices in the Church have such a donation, that they may be maintained according to their several degrees, is a constitution permanent and perpetual. But for particularity of the endowment, whether it should consist in Tithes, or Lands, or persons, or mixed, it may make a question of convenience; but, no question of precise necessity: Again, that the case of the Church De facto is such, that there is want in the Church of patrimony, is confessed for the principal places; namely, the Bishops livings are in some particulars not sufficient; and therefore enforced to be supplied by toleration of Commendams, things in themselves unfit and ever held of no good report. And as for the Benefices and Pastors places, it is manifest, that many of them were very weak and penurious; on the other side, that there was a time when the Church was rather burdened with superfluity then with lack; that is likewise apparent, but it was long since, so as the fault was in others, the want redoundeth upon us again. And therefore, that it were to be wished that Impropriations were returned to the Church as the proper and natural endowment thereof. As a thing likewise whereon men's judgements will not much vary. Also, that it is an Impossibility to proceed either to their resumption or redemption, is as plain on the other side; for men are stated in them by the highest assurence of the Kingdom, which is Act of Parliament, and the value of them amounteth much above ten Subsidies. And the Restitution must of necessity pass their hands in whose hands there is interest and possession. But of these things which are manifestly true, to infer and ground some conclusions; First, for mine own opinion and since I must confess, let me speak it with reverence, that all the Parliaments since the 27. and 31. of King Hen. 8. who gave away Impropriations from the Church, seem to me to stand in some sort obnoxious and obliged to God in Conscience to do somewhat for the Church, to reduce the Patrimony thereof to a competency; for since they have debarred Christ's wife of a great part of her Dowry, it were reason they made her a competent jointure. Next to say, that Impropriations should be only charged, that carrieth neither possibility nor reason. Not possibility for the reason touched before. Not reason because if it be conceived that any other persons be charged it should be a recharge or double charge, in as much as he payeth tithes to the Church, so the Realm hath taken that away again from the Church, and gave them to the King, as they might give their tenth sheaf, or ninth sheaf; and therefore, the first gift being evacuated, it cannot go in deseazance or disgrace of that perpetual bond whereby men are bound to maintain God's Ministers. As we see in example, that diverse godly and well disposed persons do put in ure who are content to increase their Preachers livings, which though in Law it be but a benevolence; yet before God, it is but a conscience. Farther that Impropriations should not be somewhat more deeply charged then other revenues of like value; me thinks cannot well be denied, both in regard of the ancient claim of the Church and the intention of the first giver. And again, because they have passed in valuation between man and man somewhat at the less rate, in regard of the said presence or claim in Conscience before God: But of this point touching Church maintenance, I do not think fit to enter into a farther particularity, but relieve the same to a fitter time. Thus have I in all humbleness and sincerity of heart, to the best of mine understanding, given your Majesty tribute of my cares and cogitations in this holy business, so highly tending to God's glory, your Majesty's honour, and the peace and welfare of your States; in so much, as I am persuaded the Papists themselves should not need so much the severity of the penal Laws, if the sword of the Spirit were better edged, by strengthening the authority and suppressing the abuses in the Church. To conclude therefore, renewing my most humble submission of all that I have said, to your Majesty's most high wisdom; and again, most humbly craving pardon for my error committed in this writing, with the same weakness of judgement which suffered me to commit them, would not suffer me to discover them. I end with my devout and servant prayer to God, that as he hath made your Majesty the corner stone in joining your two Kingdoms, so you may be also as a corner stone to unite and knit together these differences in the Church of GOD, to whose heavenly grace, and never erring Direction, I commend your Majesty's Sacred person and all your doings. FINIS.