A SPEECH OF Mr john White Counsellor at Law, made in the Commons House of Parliament CONCERNING EPISCOPACY.  
London, Printed for Thomas Nicholes, and are to be sold at his shop, at the sign of the Bible in Popes-head alley. 1641.   

A Speech of Master John White Counsellor, concerning Episcopacy.  
EPiscopacy as it stands in this kingdom, comprehends in it in line a 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 Baptise & help the Presbyter to administer the Lords Supper, 
Book of ordering of Deacons.  but may not consecrate the Elements in the Lord's Supper: contrary to the Scriptures, by which Preach and Baptise, 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 Churchwarden, to look to the Church goods and the poor, 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 prebend's, quia praeberent auxilium Episcopo,) and were originally ordained for his Counsel to advise him in difficulties in Religion, and to advise him in, and consent unto his dispositions of his possessions, Cok. r. 3. Dean and Chapter of Norwiches' case.  
Secondly, the Archdeacon is the oculu● 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 Benefices.  
Thirdly, his Chancellors, Vicar's General, Commissaries, Officials, Surrogates, Registers, Promotors, and others belonging co his Cathedrals.  
These be all merely humane, 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 temporalties, and his spiritualties.  
The first, is merely Exgratia Regis, and in this kingdom began 4. 
Case of tenors 35. a.  of William the Conqueror: And by virtue hereof, they have had place; in the house of Peers in Parliament. 7. H. 8.1846. Kel. it is resolved by all the Judges 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 spiritualties, but merely by reason of his Baronry, and accordingly acts of Parliament have been made, 2 Rich. 3. cap. 5. and at divers Other 〈◊〉.  
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 than a Presbyter, and therein I consider his authority over Presbyters by the Oath of Canonical Obedience, by which he may command them to collect tenths granted in Convocation, etc. 20 Hen. 6.13. p. 25.  
Secondly, his Office which in partly judicial, and partly ministerial; Judicial, by which he is Judge in his Courts of all matters Ecclesiastical and spiritual within his Diocese, Cok. Rep. 8. Trollops. C. Secondly, he is Judge of the fitness of such as are presentell unto him to be instituted into Benefices, Cok. rep.. 5. Spoc●●●. cap.  
Ministerial, and thereby he is to Sacred places Dedicate to Divine Service. 9 H. 6.17 pag. 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 Clericum, and other, etc.  
Fiftly, to attend upon trials of life, to report the sufficiency or insufficiency of such as demand Clergy. Sixtly, to ordain Deacons and Presbyters.  
All these I conceive to be Jure humane, 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, 
Sol.  that in the pure primitive times of the Church 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 than the Presbyters, as appears.  
First, the holy Scriptures declare the duties and office of Presbyters and Bishops to be one & 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.  
Secondly, the Presbyters are in holy Scriptures, said to be the Bishops of the holy Ghost, Acts 20.28. Paul charges the Presbyters or Ephesus to take heed to the flock whereof the Holy Ghost had made them Bishops. And other Bishops the Holy Ghost never made.  
Thirdly, Ephesians 4.11. God is said to have given to his Church for the perfecting of the Saints, 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 three are extraordinary and ceased: and the last only remains, and is to remain until we all come to perfection, as it is ver. 13. and this perpetual Officer is called Pastor, in relation to his flock whom he is to govern in Spiritualibus, and Teacher in respect of his duty to feed them with the word of truth, and is the very same with the Presbyter, as appears above. Argumentum à divisione est fortissimum. The Bishop as he is any more than a Presbyter, is none of these, no Officer given by God, and therefore 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 and 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 House, his Church, without such Officers. He is only wise, and therefore best knows what Officers are useful for his Church, and infinitely loving of his Church, and therefore hath not jest her without any Officer fit for her.  
Thus in the end of Paul's Epistle unto him, 
Ob.  is said to be the first Bishop of Crete, and Timothy in the end of the Epistles unto him, to be the first Bishop of Ephesus.  
Those additions are spurious, 
Sol. Perk. upon Gal. 6. infi●e. For Tim. See 1 Cor. 4.17. & 16.10. Acts 17.13.15 & 19.22 & 20.4.5. 1 Thes. 3.1.6. Heb. 23.25. Colos 1.1. Phil. 1.1. & 2.19. For Titus See 2 Cor. 7.12 & 8.6.16.23, and 12 18. Gal 2.1. ● Tim. 4.20. Tim. 1. ●. and 5.12.  and no part or the holy Scriptures, and as Bezia observes, are not in many greek ancient topics to be found, and this is so evident as it is granted by most Divines. 2. And as they be no part of the Scrriptures 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 of 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, and it they had been Bishops of any place, Paul would never have suffered, much less forced them to be non-resident.  
Saint John Revel. 12.3. 
Ob. 2  writing to the 7 Churches of Asia directs his speech to the Angel of each Church, and in each of those Churches there were then several Congregations and 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 Christ's Messengers and Ambassadors: So it appears to be used here by the very context cap. 2. v. 10. Where speaking to the Angel of the Church of S●cyrna, the holy Ghost saith, Fear none of the things thou shalt suffer, the Devil shall cast some of you into prison, but be thou faithful, etc. Angel (being nomen multitudinis) is taken in these chapters collectively for all the 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, ver. 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 feed 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 commandments of God: See the book of Ordering of Priests in the 3. question And he is called in our Law Rector Ecclesoa, and the words of his institution be, To●octorem Ecclesiae instituimus 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 institutition, 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 over throw Arminian tenets, when his faithfulness in his Office requires he should keep nothing back, 
This is read to the Presbyter upon his Ordination, and his charge then given him is remarkable See the book of ordering Priests.  but to show them all the counsel of God, Acts 10.27. 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, aught to be taken from them.  
First, I conceive such Bar. 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 Acts 6. The Apostles refuse to intermeddle in the Deacon or Churchwardens 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 Apostles lays down a rule in this case, that nemo militans Deo se implicat negotiis ●ujus seculi, and upon this ground, even the Pope's Canon-laws are against these things, as inconsistent with the ministerial function. And the due execution of the commission, Go preach and baptise, 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.  
Secondly, it is against the fundamental Laws of this Land, whereby they that are within holy Orders, 
Non esi consonum quod ille qui salubri statui anirusrum & piis operibus continue deservit ad insistendum in secularibus negotiis compellatur. vide the writ.  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 natural 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 praesentia majoris cessat potestas minoris.  
Secondly, if the service concern the Commonwealth, 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 withal by him, 9 Ed. 4.56. Winter's case.  
Secondly, that part of the Bishop's 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, Mark 10.42. Luke 22.25. and Diotrophes, 3 Job. 9 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 time, (as we see in Diotrophes, and Peter's caveat, 
2 Thes. 2.4.7.  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 officer 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 perform it. It is impossible for him to do it to a whole Diocese, therefore 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, Evangelists and after by the Presbytery, 1 Tim. 4.14. 2 Tim. 1.6. And a shadow of this remains in our Law, 
Acts 14.23. Titus 1.5, 6, 7.  for the Bishop only is not to lay hands upon the party to be ordained, but the Presbyters there attending are to join with the Bishop therein. 
Books of ordering Priests.  This I conceive is not fit to be in the hands of any one ordinary officer in the Church, the descerning of the gifts, abilities and faithfulness of persons to be ordained Presbyters, requiring great judgement, care, and circumspection. Plus vident oculi quam oculus. The like I say of deprivation.  
Fiftly, Excommunication by the Scriptures ought to be only in case of enormous offences and obstinacy in them, and only in the Congregation 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. Diotrophes 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 reform.  
Sixtly, Instituation and induction are usurped by the Bishops upon the fundamental Laws of 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 Civil Magistrate to whom originally they belonged, upon pretence, that the tithes were Jure divino, the Church's 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, vide 2 R. 3. Testaments. 4.11 H. 7.12 B. Plowdeu 279. B. Foxes c. Cok. rep.. 9.37. B. Heustoes' case. Dames rep. 97. B. Lalors c. Selden of tithes, 4●5.  
Eighthly, The matters which are merely and only spiritual, (which are properly of Ecclesiastical cognizance) 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 & 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 wonderful 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 Governors in particular Congregation demean not themselves as they ought, it ought to be referred to a Synod of Presbyters, of 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 Jerusalem, 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 expediuntur 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 or difficult 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 Benefices Ecclesiastical, and the care of providing for the serving of Cures during the vacancy and avoidance of Churches, and taking of the subscription of Ministers to the Articles of Religion: 
13 Eliz. cap. 12. 14 Eliz. cap. 5.  and the visiting of Hospitals, whose Founders have appointed no visitors, which are now in the Bishop, may be settled in a convention of Presbyters, to be appointed for every hundred, from whom appeal 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 and allegiance; where the Bishop is authorised to give the same. And Excommunication may be ordered to be certified by the Parson, 
5 Eliz. c. 1. 7 Jac. cap. 6.  Vicar or Stipendiary of that Church where the party is 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 suit, as now it is where she is not party, so E. 3.15. p. 5.11. H. 4.4. B. 30. and as it is now, where the issue is Nient sa femme, 12. E. 3. Brife 481.50. E. 3.15. B. 7. H. 6.12. June 35. H. 6.9. P. 10. Coke 8. E. 4.12. a Laton: And Bastardy general & Bastardy beyond Sea, within the Statute, 25 E. 3. De natis ultra mare, 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. 79. P. 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. r. 5.16. a Cawdreis' case, and as it is by the Statute of 2 and 3 E. 6. cap. 13. And for the Bishop's 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, etc.  
The Bishop being thus reform and reduced to a condition and state agreeable to the word of God, the only right rule of reformation:  
The Deans, Chapters, Vicar's General, Chancellors, 
25 Exod. 9 40. 1 Chron. 28.11.19. Ezek. 4●. 10. 2 Cor. 4 6.  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 years with the cure of Souls, a trust of the highest concernment, if we consider the price of Souls. Our Saviour is at a stand in it, What shall a man give in recompense for his Soul? 
Mat. 16.26.  the price of it is best seen in the price given for it, God and 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 beforehand, and aught to have removed being discovered unto them afterwards. And it hath abundantly appeared this Parliament upon examinations taken in this House of Commons and the Committees 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 than admonition, or to be put to purgation, and so sent home to destroy more Souls, as if they had not done sufficiently in that way before.  
But if any godly, learned, and painful Preacher hath 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, bathe been made use of, and sufficed 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, and forbade them that would, and cast both out of the Church, 3 John 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 finds them as faulty concerning this great trust as any of the rest. And whether it be 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 than 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 and returning to Popery, and the Religion of Antichirst, as hath most clearly appeared, even in our days as well as before since the restoring of Religion; I shall for this time instance only 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 be 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 shall be used in the accustomed place, etc. except it shall be otherwise determined by the Ordinary.  
Whereby they have introduced the Popish practice of reading Prayers as the upper end of the Chancel at their Altar, where few in the Church can see them, and fewer hear them, and 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 payer 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 the administration of the Lords Supper, as it stands now altered, an excellent declaration of the reason why kneeling at this Sacrament was left in the reformation, and a renunciation of Transubstantiation, Consubstantiation, adoration of the bread and wine, as abominable Idolatries, are wholly obliterate and left 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, supenreminent presence of God almighty there, cringings, Altar-worship and the like. And I conceive alterations were made by the Bishops, as appears unto me by the Proclamation they procured to be set forth 5. Martii, 1. Jac, concerning the book of Common prayer.  
And how can things prosper better in the hands of the Episcopacy, when God's blessing alone giveth out prosperity, and the Lord disposeth his blessing in his own way only, 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 than we have received from it?  
Again, (if I be not much deceived) the Episcopacy in whatsoever it exceeds the Presbyters office (in which sense only I speak of it) is a branch of the Hierarchy of Rome, and of the Antichrist: and of that consider what is prophesied Revel. 14.14. 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 must troubles and miseries of the Churches, and in great part also of the Commonwealth, have not sprung from the said Episcopacy and the fruits thereof?  
Therefore let us proceed to the perfecting of the Reformation of our Church, and to the gathering out of it every stone 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 God's 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, 
● Cro. 17. ●4 〈◊〉 1 Kings 15.14, 2 Kings 12.3. 1 Cron. 28. 1●. Zac. 4.7.  and was & ever will be a reproach from him, and blot upon such as have left any thing not agreeable to his word unreformed, and not taken away: Up then let us be doing, and the Lord will go before us, and make plain all mountains that may occur in our way, and give a blessed issue and success.