A SPEECH OF Mr. John White counselor at Law, made in the Commons House of PARLIAMENT.  
Concerning EPISCOPACY.  
LONDON. Printed in the year, 1641   

A Speech of Master JOHN WHITE counsellor, concerning Episcopacy.  
EPiscopacy as it stands in this kingdom, comprehends in it in linea recta, these four degrees, the Deacon, the Presbyter, the Bishop and the Archbishop, Every Archbishop wades through every of these ordinarily.  
Of the first and last we have no vestigium in the holy Scriptures. This Deacon may Preach and Baptize and help the Presbyter to administer the Lords Supper, but may not consecrate the elements in the Lords Supper: 
Book of ordering of Deecons.  contrary to the Scriptures, by which Preach and Baptize, is a full commission for the exercise of all the ministerial function. Mat. 28.19.  
The Deacon mentioned in holy Scripture, is the same in office with our Church-Warden, to look to the Church goods and the ●oore, Acts 6. 1 Tim. 3.  
The Presbyter is of all hands acknowledged to be, jure Divino.  
The Bishop is considerable in respect of his train, and secondly, in respect of himself.  
His train are these, first the dean and Chapter( called Prebends, quia praeberent auxilium Episcopa) and were originally ordained for his counsel to advice him in difficulties in Religion, and to advice him in, and consent unto his dispositions of his possession, cock. r. 3. dean and Chapter of Norwiches case.  
Secondly, the Archdeacon is the oculus Episcopi to discover and punish offences spiritual and ecclesiastical within his limits, & manus Episcopi, to present unto him such as are to be made Deacons and Presbyters, and to induct such as he admits and institutes into benefice.  
Thirdly, his Chancellors Vicars general, Commissaries, Officials, Surrogates Registers, Promoters, and others belonging to his Cathedrals.  
These be all merely human, and may be taken away without offence to God or conscience, if there appear just cause for it.  
The Bishop in respect of himself is considerable in his Barony and temporalities and his spiritualities.  
The first, is merely Ex gratia Regis, and in this kingdom began ●. of William the conqueror: 
Case of tenors 35 ●….  And by virtue hereof they have had place in the house of peers in Parliament. 7. H. 8. 1846 Ro. it is resolved by all the Iudges of England, that the King may hold his Parliament by himself his temporal Lords and Commons without any Bishop, for a Bishop hath not any place in Parliament by reason of his spiritualities, but merely by reason of his Barony, and accordingly Acts of Parliament have been made 2. Rieh. 3. c. 3. and at divers other times.  
They have usurped the name of spiritual Lords, but of late, and were first called so, 16 Rich. 2. c. 1. in our statutes.  
By his spiritualties, I mean those wherein he is more then a Presbyter, and therein I consider his authority over Presbyters by the Oath of caconical obedience by which he may command them to collect tenths granted in convocation, &c. 20. H. 6.13. p. 25.  
Secondly, his Office which is partly judicial, and partly ministerial, judicial, by which he is judge in his Courts of all matters ecclesiastical and spiritual within his diocese, cock. Rep. 8. Trollops c. Secondly, he is judge of the fitness of such as are presented unto him to be instituted into benefice, cock. Rep. 5. Specots. cap.  
Ministerial; and thereby he is to sacred places Dedicate to Divine service. 9. H. 6.17. p. 8. Secondly, he is to provide for the officiating of cures in the avoidance of Churches on neglect of the Patrons presenting thereunto. Thirdly, he is to certify loyal Matrimony, general bastardy and excommunication. Fourthly, to execute judgements given in quare impedit, upon the writ Ad admittendum Curicum, and other, &c.  
Fifthly, to attend upon trials of life, to report the sufficiency or insufficiency of such as demand Clergy. Sixthly, to ordain Deacons and Presbyters.  
All these I conceive to be jure humano, given to these Bishops, and may upon cause be taken away from them.  
Bishops have been in the primitive Church, 
Ob.  and are apostolical and from the beginning.  
To this I answer, first, that in the pure primitive times of the Church, 
Sol.  the history whereof is recorded in the Acts and Epistles of the Apostles,( in which the first and best patterns of Church government is expressed) there is no mention of other Bishops then the Presbyters, as appears.  
First the holy Scriptures declare the duties and office of Presbyters and Bishops to be one and the same. The Bishop is to teach and rule his Church or congregation, 1 Tim. 3.2.5. and the Presbyter is to teach and feed his flock, and to oversee, care for, and rule them, 1 Pet. 5.2.3.  
2. The Presbyters are in holy Scriptures, said to be the Bishops of the Holy Ghost. Act. 20.28. Paul charges the press. of Ephesus to take heed to the flock whereof the holy Ghost had made them Bishops. And other Bishops the holy Ghost never made.  
3. Ephs. 4.11. God is said to have given to his Church for the perfecting of the Sts. for the work of the ministry, and for the edifying of the body of Christ, Apostles, Prophets, Evangelists, Pastors and Teachers, here is an express enumeration of the officers God hath given, whereof the first 3. are extraordinary& ceased: and the last onely remaines, and is to remain until we all come to perfection, as it is, v. 13. and this perpetual officer is called Pastor, in relation to his flock whom he is to govern in Spiritual has, and Teacher in respect of his duty to seed them with the word or truth& is the very same with the Presbyter, as appears above. Argumen●um a divisione est fort●ssimum. The Bishop as he is any more then a Presbyter is none of these, no officer given by God,& therfore ought not to be in the Church Christ the King of his Church was faithful in his house, not only as a servant as Moses was but as the son in an excellency& eminency, Heb. 3.5. and to his kingly office it pertains to appoint the officers he will use for the government of his Church in spiritualibus, and it agrees not with his faithfulness to neglect or omit the appointment of them, and leave his horse his Church without such officers. He is only wise& therefore best knows what officers are useful for his Church, and infinitely loving of his Chu.& therfore hath not left her, without any officer fit for her.  
Titus in the end of Pauls Epistle unto him is said to be the first Bishop of Creet. and Timothy in the end of the Epistles unto him, 
Ob.  
Sol.  to be the first Bishop of Ephesu●.  
Those addition are sprefluous, and no part of the holy Scriptures& as Beza observes are not in many Greek ancient copies to be found and this is so evident as it is granted 
Perk. upon Gal. ●. in fine.  by most Divines. 2. And as they be no part of the Scriptures of God, so they be apparently contrary unto them for by them it appears, that they, namely Titus& Timothy were Evangelists extraordinary officers associates, and fellow helpers o● the Apostles in their general and universal function attendant upon them. and sent by them( as occasion required) from one Church to another never keeping any fixed residence any where 
For Tim. See Cor. 4.17& 16.10. Acts 1.7 ●3. 15.& 19.22.& 20.4, 5. 1 Thes. 3. 1.6. Heb. 1.25. Col. 1.1. Phil 1.1.& 2.19. For Titus See 2 Cor. 7.13.& 8.6.16.23.& 12.18. Gal. 2.1. 2 Tim. 4.10 Tit. 1.5.& 3.12.  and if they had been Bishops of any place, Paul would never have suffered, much less forced them to be non-residents. S. John Rev. 12.3. writing to the 7 Churches of Asia directs his speech to the Angel of each Church& in each of thos● Churches there were then several congregations& Presbyters, therefore the Angel was the Bishop over them.  
To this I answer that as Angel is a name common to all Presbyters who are Christs messengers& ambassa●ors: So it appears to be used here by the very context c. 2. v. 10. Where speaking to the Angel of the Church of Smyrna the holy Ghost saith Hear● none of the things thou shalt suffer, the Devil shall cast some of you into pr●son, but be thou faithful, &c. Angel( being nomen multitudinis) is taken in these chapters collectively for all Presbyters( some of whom the adversaries should imprison,) and not for any one above or before the rest. The same appears in the like manner, v. 13.23.  
Seeing then the Episcopacy may be taken away in all, wherein it exceeds the Presbyters office, and that the office of the Presbyter is clearly jure divino; I conceive we are first to restore the Presbyter to his due, and to him it belongs to teach and reed his flock, and to oversee, care for, and rule them in spiritualibus Act 20.17. 1 Tim. 3.2.5. 1 Pet. 5.2, 3. So saith the holy Scripture.  
And so saith our Law also. He is to minister the doctrine and the Sacraments, and the discipline of Christ, as the Lord hath commanded, and as this realm hath received the same according to the commandements of God: See the Book of ordering of Priests in the 3 question. And he is called in our Law, Rector Ecclesiae, and the words of his Institution be, Te rectorem Ecclesiae instipu●mus, curamque& regimen animarum parochianorum tibi in Domino committimus.  
The Bishops have taken by usurpation from the Presbyter divers rights: first, contrary to his Ordination and Institution; they will not suffer him to preach in his own cure without a Licence.  
Secondly, they restrain him from preaching some doctrines, as of predestination and others that overthrow Arminian tenets, when his faithfulness in his office requires he should keep nothing back, but to show them all the counsel of God, Act. 20, 27. 
This is red to the Presbyter upon his ordination and his charge then given him is remarkable, See the book of Ordering Priests.  Thirdly, they will not suffer him to intermeddle in the discipline. These usurpations I conceive are to be taken away, and the Presbyter to be left free from them.  
Secondly, for the Episcopacy I conceive, that first their Baronies and the intermeddling of the Clergy in civil counsels, affairs and employments, ought to be taken from them.  
First, I conceive such bapp. and intermeddling is against the Law of God, Christ refused to intermeddle in dividing inheritances( though more able and fit for it then any Bishop) Luke 12.13. and saith his kingdom is not of the world, John 18.36. and the Disciple is not above his Master, Mat. 10.24. and Act. 6. The Apostles refuse to intermeddle in the Deacon or Church-wardens office, though of all earthly employments the nearest to the Church, and the reason they give is remarkable for this purpose, because they were to attend to prayer, and administration of the word, and therefore not meet for them to attend such secular matters, and 2 Tim. 2.4. the Apostle lays down a rule in this case, that nemo se militans Deo implicat negotiis hujus seculi,& upon this ground, even the Popes Canon-lawes are against these things, as inconsistent with the ministerial function. And the due execution of the Commission, Go preach and baptize, is of itself burden and work enough for any man whatsoever his gifts and parts be, and made Paul though of a more excellent and able spirit, cry out under the sense of the weight of it, Who is sufficient for these things? 2 Cor. 2.16.  

Non est consonum quod ille qui salubri status animarum& piis operibus continue deservit ad insistendum in secularibus negotiis compellatur. Vide the Writ.  Secondly, it is against the fundamentell laws of this Land, whereby they that are within holy Orders, that they may the better attend upon, and discharge their duties, are not to be entangled with temporal business, and therefore if any such be chosen to any temporal office, the Law hath ordained a Writ to discharge them thereof, Reg. 187.6.  
The King may command the service of men in orders, and then it is to be given him by naturell allegiance.  
This rule admits two exceptions, and both are in this case: first, except the service from that person be against the Law of God as here it is, and then it is better obey God then man, in paesentia majoris cessat potestas minor is.  
Secondly, if the service concern the Common-wealth, and the person of whom it is required, be not sufficient for it, nor brought up unto it, the command is against Law, and the service not to be done, if the King grant the office of the clerk of the crown to one not brought up to it, it is void and the service not to be intermeddled withall by him 9. Ed. 4.56. Wint. case.  
Secondly, that part of the Bishops spiritual office by which he claimeth superiority over Presbyters ought to be taken as I conceive from them as being against the will of God.  
The Apostles questioning among themselves which should be the superior, are sharply reproved by our Saviour for it, and he tells them plainly it shall not be so among them, Mar. 30.42. Luk 22.25. and Diotrophes, 3 joh. ●. is branded for it that he sought pre-eminence in the Church. The mystery of iniquity in the Popish Hierarchy, in the Presbyters exalting themselves, began to work* in the purest primitive times,( as we see in Diotrophes and Peters caveat. 1 Pet. 5.3.) and never left till it came to the Pope, the highest degree and top thereof; By which it seems to me evident, that to leave the pattern of Church government set down in the word of God, to follow the examples of after ages upon a false cry of primitive times, is to forsake the pure fountain, and wallow in the muddy and corrupted streams of antichristian ambition.  
Thirdly, that part of the spiritual office of the Bishop whereby he is to instruct the people committed to his charge, with the holy Scriptures, as upon the 2. question put unto him at his consecration, he undertakes to do ought( as I conceive) to be reduced to a possibility for him to person he it. It is impossible for him to do it to a whole diocese, therfore he should be limited to some particular congregation unto which he might perform this trust which requires sufficiency attendance and diligence.  
Fourthly Ordination in the Scriptures is ever expressed to be by them in the Church, that had authority and were officers in the Church as Apostles, 
Acts 14.23.  Evangelists 
Tit 1.5, 6, 7. 1 Tim. 4. ●…. 2 Tim. 1.6.  and after by the Presbytery. And a shadow of this remains in our Law, for the Bishop only is not to lay hands upon the party to be ordained but the Presbyters there attending 
Boo●s of ordering Priests.  are to join with the Bishop therein. This I conceive is not in to be in the hands of any one ordinary officer in the Church, the discerning of the gifts abilities& faithfulness of persons to be ordained Presbyters requiring great judgement care, and circumspection. Plus vident oculi quam oculus. The like I say of deprivation.  
Fifthly Excommunication by the scriptures ought to be only in case of enormous offences and obstinacy in them, and onely in the con●… tion whereof the party to be excommunicate is a member 1. Cor 5.4. Tell the Church cannot be meant of one man, Mat. 18.17. D●… roph●… is branded for taking upon him alone to cast any out of the Church. This also abused as well as usurped by the Bishop is to be reformed.  
sixthly, Institution and induction are usurped by the Bishops upon the fundamental laws or this kingdom, by which the Patron after his Clerk was ordained, did without any more invest him into the Church. See Selden of tithes 86. And a relic of this we retain still in Churches that be donatives.  
Seventhly The jurisdiction of tithes, causes matrimonial, and causes testamentary in the times of the increasing power of the Pope when the Bishops thereby grew more formidable were taken from the civill Magistrate to whom originally they belonged, upon pretence, that the tithes were Iured vino the Churches patrimony and marriage a Sacrament and that the disposing the goods of the dead, most properly belonged to him for the good of the soul in purgatory to redeem it thence, to whom the cure of the soul appertained in his life time, Videz. 2. R. 3. Testaments 4.11. H. 7.12. B. Plow den 279. B. Foxes c. cock rep. 9 37. B. Housloes case. Dames rep. 97. B. Lalors. Selden of tithes. 415.  
Eighthly, The matters which are merely and only spirituali,( which are properly of ecclesiastical conizance) were anciently by the Lawyers of this kingdom heard and determined in the county and hundred courts by the sheriff and the Bishop, and by William the Conqueror these matters were taken thence and appropriated to the Bishop alone. 2 R. 2 Rotul. Parliament, num. 12. Selden of tithes 412. Book of Martyrs, 154.  
And by the Law of God( as I conceive) they ought to be heard and determined by them that have rule in the particular congregations and Churches, Mat. 18.17. 1 Cor. 5. which if it were so among us would be a worderfull case, and save great charges to the subject.  
And where the difficulty of case or greatness of the persons whom it may concern, or where the Governours in particular Congregations demean not themselves as they ought, it ought to be referred to a Synod of Presbyters, so many as shall be thought meet, as Acts 15. a question of difficulty arising in the particular Church of Antioch and the dissension growing great about the same, they sent to Hieriosalem, and there the Apostles and Presbyters convened debated, concluded, and decreed the matter, and imposed the observation thereof upon Antioch and other Churches, ver. 1.2.6.28. The Apostles would not meddle in the question without the Presbyters and other Bishops, there were none there nor in the Churches. And faelicius exp●dinutur negotia commissa pluribus, in the multitude of Counsellors, there is safety, Proverb. 11.14.  
And the change of our Laws( in case this House shall see cause for it) will not be so great difficulty as is conceived by some. For Ordination, admonition, suspension and deprivation of Presbyters, and the judgement of the fitness of persons to be invested into benefice ecclesiastical, and the care of providing for the serving of Cures during the vacancy and avoidance of Churches, and the taking of the subscription of Ministers to the Articles of Religion, 
13. Eli●… c. 12.  and the visiting of Hospitals, whose founders have appointed novis●…, which are now 
14 Eli●… cap. 5.  in the Bishop, may be settled in a convention of Presbyters, to be appointed for every hundred, from whom appease may be had upon every gravamen to a greater Assembly of them, and those Presbyters, or any one of them, may be enabled to give the oaths of Supremacy& allegiance, where the Bishop is authorited to give the same. 
5 Eliz. ●…. 7. jac. c. ●….  And Excommunication may be ordered to be certified by the person, Vicar or stipendiary of that Church where the party in excommunicate. And all Churches presentative, may be filled by investure of the Patrons, and all questions concerning them be determined by the same rules of Law as Donatives are, And loyal Matrimony be tried by a Jury where the woman is party to the fu●… e, as now it is where she is not party, so E. 3.15. p. 5. 1. H. 4.4. Bp. 30. and as it is now, where the issue is Nient sa femme, 12. E. 3. brief 481.50. E. 3.15. B. 7. H. 6.12. June 35. H. 6.9. P. 10. C●… oak 8. E. 4.12.2 Laron. And Bastardy general and Bastardy, beyond Sea, within the Statute, 25. E. 3. De natis ultra more, May be made tryable by Jury, as now special Bastardy is 11. Ass. 20.38. ass. 24.39. E. 3.31.6.& 7. Ed. 6. Dier. 70. B. 52. So tithes may be reduced to the common Law and be sued, for there, as it was ever in the case of the King or his debtor 38. ass. 20. Cok●… e. 5.16. a Cawdreis case, and as it is by the State of 2. and 3. E. 6. cap. 13. And for the Bishops attendance on trials of life, it is needless he being no Judge in it, but the Court, who may appoint any other, or do it themselves. And for Sacring of Churches and other dead things, it is fit to be neglected and left off, being a Popish vain superstition, and without colour of countenance from the word of God, the levitical consecrations being typical and shadows of the good things we enjoy under the Gospel, Heb. 9.19, &c.  
The Bishop being thus reformed and reduced to a condition and state agreeable to the word of God( the onely right 
25. Exo. ●… .40. Chro. 28 1.19. Ezek. 43. ●… 0. ●… Cor. 4.6.  rule of reformation.  
The deans Chapters, Vicars general, Chancellors, and the rest of his train, qua tales( being telluris inutile pondus) are to be removed and taken away also as superfluous and useless.  
We have entrusted the Episcopacy these fourscore and two yeares with the cure of souls, a trust of the highest concernment, if we consider the price of our souls, Our Saviour is at a stand in it, What shall a man give in recompense for his soul? 
Mat. 16.6.  the price of it is best seen in the price given for it, God& man must become a curse to redeem it.  
How have they discharged this trust? survey the Churches throughout the kingdom, and you shall find near eight parts of ten of them filled with idol, idle, or scandalous Ministers, whom the Bishops might have by law refused, if discovered unto them before hand, and ought to have removed being discovered unto them afterward. And it hath abundantly appeared this Parliament upon examinations taken in this House of Commons and the commits thereof; that when Ministers extremely scandalous, have been discovered to the Bishops and their officers, and in the High-commission Court, they have received no further censure then admonition, or to be put to purgation, and so be sent home to destroy more souls, as if they had not done sufficiently in that way before.  
But if any godly, learned, painful Preacher have been discovered by them, they have sought out all occasions against such, to thrust them out of the Church, and lay their Congregations waste and desolate, and every trifle, though indifferent in their own account, hath been made use of, and sufficell them for this; yea, they have made occasions and traps to overthrow such worthies without Law, and against Law.  
And herein they have inherited the virtues of Diotrephes their first predecessor, who would not receive the brethren,& forbade them that would, and cast both out of the Church, John 3.10.  
And though some of the Bishops have been, and are good men, yet look into their diocese, and the Churches in their gift, and judge whether they be good Bishops or no; you shall find them as faulty concerning this great trust, as any of the rest. And whether it bee not from hence evident, or at least greatly to be suspected, that some curse cleaves to the very office of Bishops, when good men cannot manage it to any better purpose then the bad; let any man judge.  
This spiritual Monarchy hath two incidents inseparable unto it; first, that it is always encroaching and usurping upon other powers, and swallowing them up, as the series of all ages abundantly manifests. Secondly, that it is ever inclining to Popery, and the religion of Antichrist, as hath most clearly appeared, even in our dayes, as well as before, since the restoring of Religion; I shall for this time instance onely in three places of the rubric, corrupted by Bishops: In the rubric confirmed by Act of parliament, in the beginning of it, It is directed, that prayer shall bee in such place of the Church or chancel, and the Minister shall so turn him, as the people may best hear.  
In the rubric as it is now printed, prayer shal be used in the accustomend place, &c. except it shal be otherwise determined by the Ordinary.  
Whereby they have introduced the popish practise of reading prayers at the upper end of the chancel at their Altar, where few in the Church can see them, and sure hear them; and of turning their faces to the East, and their backs to the people in reading in the desk, and colour all with the determination of the Ordinary.  
Secondly, in the litany there are these words in the book of Common-prayer confirmed by the Statutes of 5. and 6. Ed. 6. and of 1. Eliz. From the tyranny of the Bishop of Rome, and all his detestable enormities, good Lord deliver us: and that the Bishops in the latter books have caused to be left out wholly.  
Thirdly, in the rubric concerning he administration of the L. Supper, as it stands now altered, an excellent declaration of the reason why kneeling at the Sacrament was left in the reformation, and a renunciation of Transubstantiation, 〈◇〉 substantiation, adoration of the bread and wine, as abominable Idolatries, are wholly obliterate and lest out, that the use of that gesture there might be rendered the more suspicious and superstitious, and a more clear way might be made to induce the popish superstitious innovations, that have been since obtruded upon us, concerning the Table, Altar, supereminent presence of God Almighty there, cringings, Altar-worship, and the like. And I conceive these alterations were made by the Bishops, as appears unto me by the proclamation they procured to be set forth 5. Martii, 1. Jaeob. concerning the book of Common-prayer.  
And how can things prosper better in the hands of the Episcopacy, when Gods blessing alone giveth out prosperity, and the Lord disposeth his blessing in his own way onely, and not in any other.  
And this being no plant planted by God in his Church, how can it be expected it should yield us any better fruits then wee have receved from it.  
again,( if I be not much deceived) the Episcopacy in whatsoever it exceeds the Presbyters Office( in which sense onely I speak of it) is a branch of the hierarchy of Rome, and of the Antichrist: and of that consider what is prophesied, Revel. 14.11. They shall not have any rest day nor night, that receive any print of the name of the Beast, and examine the former and present times; whether the same hath not been verified among us, and in all such places where that hierarchy hath been entertained, whether the most troubles and miseries of the Churches, and in great part also of the Common-wealth, have not sprung from the said Episcopacy, and the fruit thereof.  
Therefore let us proceed to the perfecting of the reformation of our Church, and to the gathering out of it every ston that offends, even whatsoever is not according to God, and the standard of his Word, and reduce every thing in the Government to the rule, and walk in it in Gods way, which is the sure way to have his presence with us, and blessing upon us and ours for ever.  
It hath ever been a point of higher honour from God, and of greater acceptance and esteem with him to advance† the reformation of his Church and worship; and was and ever will be a reproach from him, and blot upon such as have left any thing not agreeable to his Word unreformed 
Cro. 7.6. ●… 31 1. 1 Kin. 5.12. 2 Kin. ●… .3. 1 Cro. ●…. 16. ●… .7.  and not taken away; up then, let us be doing,† and the Lord will go before us, and make plain all mountaines* that may occur in our way, and give a blessed issue and success.  
FINIS.