A Breviate of the Prelates intolerable usurpations, both upon the Kings Prerogative royal, and the Subjects Liberties. Ezechiel. 34.2. to 11. Thus saith the Lord God unto the shepherds of Israell that do feed themselves: Should not the shepherds feed the Flock? ye eat the fat, and ye cloath you with the wool, ye kill them that are fed, ye feed not the flock. The diseased have ye not strengthened, neither have ye healed that which was sick, neither have ye bound up that which was broken, neither have ye brought again that which was driven away, neither have ye sought that which was lost, but with force& with cruelty have you ruled them, &c. Therefore, O ye shepherds, hear the word of the Lord. Thus saith the Lord God, Behold I am against the shepherds, and will require my flock at their hand, and cause them to cease from feeding the Flocks, neither shall the shepherds, feed themselves any more, for I will deliver my Flock from their mouth, that they may not be meat for them. Bernardus de Conversione Pauli Serm. 1. & supper Cantic. Serm. 77. Nunquam dost persecutio Christiano, said neque Christo. Et nunc quod gravius est, ipsi Christum persequuntur qui ab eo utique Christiani dicuntur. Amici tui ●roximi adversum te appropinquaverunt& steterunt. Egressa est iniquitas à Senioribus judicibus Vicariis tuis, qui videntur regere populum tuum: non est jam dicere, ut populus, sic Sacerdos, quia nec sic populus ut Sacerdos. Heu heu Domine Deus, quia ipsi sunt in persecu●ione tua primi, qui videntur in Eccl●sia tua Primatum diligere gerere Principatum. Mi●era eorum conversatio, plebis tuae miserabilis subversio est: Atque utinam sola hac parte no●erunt. Iusta omninò quaerimonia, nec ad ullam justius quàm ad nostram referenda aetatem, Parum est nostris vigilibus quod non servant nos, nisi& perdant. Published by W. HVNTLEY, esquire. Edition 3. much enlarged. In the year 1637. To the high and mighty Prince, Charles, by the grace of God, of England, Scotland, France, and Ireland, King; Defender of the Faith, &c. MOst gracious sovereign, meeting with this compendious Remonstrance of the Prelates late daingerous encroachments, both upon your own Prerogative royal, and your Subjects Liberties, compiled by a late learned Gentleman, out of a zeal to your Majesties service, and your peoples good: I could do no less in point of allegiance to your Highnes, and true affection to my Countries weal, then prostrate it in all humility, at your royal feet, imploring your Princely acceptation of it. The rather because it was originally destinated to your Majesty by the author; whom I heard oft complaining, that it was the infelicity, sometimes, of the best Princes( by reason of the unfaithfulness and misrepresentations of those State-agents whom they most employed, and least suspected,) to be utterly ignorant of the true estate both of their own and the republics affairs believing all things to be uprightly and justly managed, when it is nothing less: relating with much regret that memorable speech of Aurelian the Emperor registered by Flavius Vospiscus in the History of his life,) There is nothing more difficult, then to reign well. For 4. or 5. chief counsellors of State( aiming at nothing but their own private ends) assemble and take counsel together how to deceive the Emperor, informing him, that such and such pro●ects are to be allowed, and put in execution; The Emperor imprisoned as it were at home, utterly ignorant of the truth of things, is constrained to know that onely which they inform him of, and to do nothing else but what they direct him. Whereupon he makes those Iudges whom he ought not, and remooves those from the republic whom he should retain. In a word; as Dioclesian himself said; a good, cautious, yea the best Emperor is sold and abused by his most endeared instruments; whiles he seeth all things onely with their eyes, hears nothing but with their ears, and executes all things with their hands. The consideration whereof, as it instigated the Author originally to compile, so it hath animated me to enlarge this Breviate( with the addition onely of some late occurrences;) and to present this third Impression of it to your Highnes view,( though perchance with some hazard to my person and estate, by reason of the Prelates great swaying power and implacable malice:) wherein as in a crystal glass, your Majesty may eft soon discern the insufferable usurpations of your ungrateful Bishops, upon your own royal pre-eminences and your Subjects Liberties:( contrary to all Law and justice,) in their true naked colours, uncased of all such false varnishes, and specious glosses which themselves have cast upon them, to cover their deformity, and delude your Majesties senses, who suspect no such black works of darkness under their pure white Rochets. Plutarchi Convivium. Cleobolus was wont to say, that a Prince was happy if he trusted to none of his flattering Minions; and I may add, that Christian Kings are ever happiest, when they lend not their ears overmuch to the noxious enchantments of ambitious Prelates; Who to advance their own power, accomplish their own aspiring designs, fear not to See Socrates Scholast. Eccles Hist. l. 4. c. 14. to. 25. l. 2. c. 38. and Master Tyndalles Practise of Popish Prelates Doctor barns hu Supplication to King Henry the 8. The 5. and 6. part of the Homily against Rebellion. arm Princes against their Subjects, Subjects against their Princes, one Christian King and kingdom against another, to the imbruing of their hands without cause in one anothers blood: as abbess uspergensis, Nauclerus, Aventine, matthew Paris in their histories, Theodoricus a Niem, Zabarell and johannes Marius De Schismate, Benno Cardinalis, and Balaeus in the lives of Hildebrand and Boniface; Master Fox in his page. 168 269. 174. 175. 178. 181. 184. to 134. 248. 249. 303. 320. 321. 350. 409. 410. 479. 533. 1035. 1036. 1132. 1897. 1899. Acts and Monuments; and( to omit all other) Doctor John White, in his Defence of the way, chap. 6. have plentifully manifested. Plutarch. Lacon. Apothegmata. Theopompus being demanded, by what means a King might safely keep his kingdom? Replied; if he give his friends free liberty of speech,( to acquaint him with things amiss:) and avenge the injuries done to his Subjects, as much as may be; the later of which he can never execute without the former. But alas, this is the Plutarch. De Adulatione. lib. usual misery of Princes( and people too,) that they have many flattering Prelates and Courtiers to misinform and soothe them; few faithful counsellors impartially to acquaint them of things that are amiss. It is storied of King Plutarch. Apothegm. Antiochus, that being hunting on a time, in the pursuit of his game, he strayed away from all his friends and Courtiers; whereupon he was enforced to enter in a cottage of poor men, unknown: As he sate at supper with them, he began to discourse with them, concerning the King and his government; whereupon the poor men replied; that Antiochus was of himself a very good King, but he committed the managing of most of his Kingly affairs to his friends and Courtiers, who were ill men; himself mean while, out of his overmuch love of hunting, negligently omitting necessary things; by reason whereof his people were oppressed, and things ill governed. The King for the present held his peace, but the next morning when his guard came to the cottage, and brought him his purple robes and diadem, by which he was known to be the King: he thereupon spake thus to his Courtiers; from the day I first received my robes and crown, I never heard true speeches of myself till yesterday. What this King spake concerning himself, I fear your Majesty may in a greater measure aver, concerning your Prelates audacious disloyal encroachments upon yourself, and your Subjects: tha● you never received any true and full relation o● them, since you were a King, till now they were represented to you in this Epitome, and that they and their Proceedings are far other then what you have hitherto been informed, and ever took them to be. I doubt not but the Prelates with their favourites, have oft inculcated this idle false paradox to your Majesty: Yet King Henry the third when he heard of the death of Hubert Archbishop of Canterbury, re●oyced at it, saying, Now at last I am King of England: as if he had been no King( as in truth he was not) whiles he lived and bare sway: Antiquitates Eccles. Brit. p 144 And King Henry the 8. thought himself but half a King as long as the Clergy bare sway,& them but half his Subjects: Fox Acts and Monuments: p. 961. 963. Yea Master William Tyndall in his Obedience of a Christian man p. 114. saith: That Kings are but shadows, vain names, and idle Titles, having nothing to do in the world; but what the Pope and Bishops please; which he there puts at large and in Practise of Popish Prelates. NO BISHOP NO KING: as if Prelates were the onely pillars, patriotes, supporters of Princes, Monarchies, and Prerogatives, whose sovereignty would fall quiter to ground, did not the Bishops rocheted shoulders( like so many Atlasses,) hold up their tottering thrones. Yet the several Statutes of Provision and Praemunire, in sundry of your royal Progenitors reigns; the Statutes of 25. H. 8. c. 14. 19. 20. 21. 26. H. 8. c. 1. 28. H. 8. c. 10. 37. H. c. 17. 1.& 2. Phil. and Mary, c. 8. 1. Eliz. c. 1. 5. Eliz. c. 1. 23. Eliz. c. 1. 7. Jacobi. c. 4. 5. the 5. and 6. Homilies against disobedience and wilful Rebellion. The second part of the Homily for Whitsunday, p. 214. 215. 216. matthew Paris, matthew Westminster, Hoveden, Malmesbury Nubrigensis, Walsingham, in their several histories of England, and others out of them; Master William Tyndall in his Practise of the Popish Prelates, Doctor barns in his Supplication to King Henry the eight p. 988. &c. William Wraghton in his hunting of the Romish Fox; Master Fish in his Supplication of beggars, Henry Stalbridge in his Exhortatory Epistle, Master John Fox in his Acts and Monuments, Master Haddon, Contra Osorium, f. 243. to 253. 292. 293. Thomas Gylson his Proditiones Praelatorum à conqueslu. Antiquitates Ecclesiae Britanicae in the lives of Balaeus Scriptor. Brit. Cent. 9. c. 54. Stephen Langthon, Becket. anselm, Boniface, arundel, Peckam, Winchesly, and other Archbishops of Canterbury, to omit, Defence of the Apology part. 5. c. 6. divis. 6. 7. 8. 9. 10. So c. 9. Divis. 1. Bishop jewel, Bishop Discourse of the true difference between Christian Subjection and Antichristian Rebellion. Bilson, Doctor Defence of the way. c. 6. John White, Sir Irish Reports. The case of Praemunire. John Davis, Plessy Morney his History of the Papacy, with foreign historians of all sorts, together with the writes of Ad lura Regia, and the several Prohibitions in our Register pars 2 f. 36. to 66. La whookes, testify: that not onely the Bishops of Rome, and foreign Prelates, but even our own English Bishops too, Fox Acts& Monuments p. 961. ( the Popes sworn Vassals, Legates, creatures heretofore) have been ever the greatest, violentest, and most professed, open, common enemies, to the absolute monarchy and Prerogative of Christian Emperors, Kings, Princes, wresting the spiritual, if not the temporal, sword and sceptre out of their hands, arrogating either one, or both of them to themselves alone, as their peculiar right; engrossing not onely all spiritual jurisdiction and ecclesiastical power into their own hands, but temporal too: and that Tyndalls Practise of Popish Prelates. Fox Acts& Monuments 1381. Antiqu. Eccles. Brit. p. 30.& 139. 140. 141. principally by creeping into the secret counsel of Princes, and the greatest swaying offices of State, thereby subjecting the temporal jurisdiction to the command and pleasure of the spiritual, that so they might as much as in them lay abolish, obscure and delete the power given by God to the Princes of the earth, gather and get to themselves the sole government and rule of the world,( as the Statute of 37. H. 8. c. 17. resolves) and play Rex in every place without control. Neither is this true only of Popes, or our own Popish Prelates in former ages, of which there can be Fox Acts& Monuments, p. 326. 321. 409. 410. 350. 1035 1036. 1897. 1899. 1980. 533. 303. Gualtherus Haddon, Contra Hier. Osorium. l. 3 f. 143. to 153. Antiquitatis Ecclesiae Brit. and Bishop Godwin his Catalogue of Bishops in their several Lives: Speeds History of great brittany. p. 554. 565 570. 574. 582. 584. 1034. Dr. barns his Supplication. p. 188. 189. &c. no question; the several Treasons, conspiracies, Rebellions and Mutinies of Dunstan, Robert, Lanfranke, anselm, William Corbell, Theobald, Edmond, Becket, Hubert, Stephen Langhton, Robert Winchelsie, Walter Reinolds, John Stratford, Thomas arundel, Henry Deave, Archbishops of Canterbury; William de sancta Maria, Roger Niger, Fulco Basset, Henry de Sandwich, Bishops of London, William Gifford, Henry de Blohes, John Gernsey, Henry Woodloke, Adam de Arldon and Steven gardener, Bishops of Winchester, William Longchamp, and Eustachius, Bishops of Ely: Hugh Wallys, Henry Burwash, Hugh Novant, Alexander de Sevensby, and Robert Strekton, Bishops of Coventry, and Lichfeild, Roger the third Bishop of Salisbury, Robert Stillington, George nevil, lues, Maugre, Raivelinus, Gyles de Burife, ralph, Thomas Rushooke, John Fishar●, Lewes, John Trevaus, Bishops of Bath and Wels, Exeter, Worceter, Hereford, Chichester, Rochester, Bangor, and saint Assaph, Alcredus, Geoffry, Thomas de Corbridge, Alexander nevil, Richard scroop, George nevil, Thomas Woolsie, Edward Lee, Archbishops of york, Egelwyn, William Rairlipho, Ranulph Flambard, and Anthony beak, Bishops of Durham, Thomas Merkes, Bishop of carlisle, with others,( all great Traitors, Conspirators and Rebels,) against most of your ●ai●●ti●s royal Progenitors witness. But likewise of those, who profess themselves Protestant Bishops, and your Majesties most obedient loyal Subjects, in this our present age. Who though they have so much ingenuity yet left, as to aclowledge they received their bishoprics from your Majesties mere grace; notwithstanding they are grown so shamelessly ungrateful, as if not absolutely to deny your prerogative royal i● causes ecclesiastical, yet publicly to profess, that they received their episcopal authority office, and domin●ering Lordly jurisdiction, which they now exercise over Ministers and people, not from your Majesty, but onely from God, from Christ, and the Holy Ghost,( by which Doctor John White his Defence of the way. c. 7. Bp. jewels Defence of the Apology. parte. 5. c. 6. divis. 6.7.8.9.10. &c. 9. divis. 6.1& 2. Phil.& Mar. c. 8. title the Pope and his Prelates challenged all their power:) contrary to the Statutes of 26. H. 8. c. 1.37 H. 8 c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1.& 8 Eli. c. 1. which expressly resolve, that they have no maner of spiritual or ecclesiastical jurisdiction whatsoever, Against wilful Rebellion. part. 5. p. 308. 309 but onely in, by, from and under your majesty, and that at your Majesties will, to revoke it when you please: yea directly contrary to the Scripture, which is so far from giving, that it expressly prohibits Bishops and Ministers, all Lordly temporal Jurisdiction, and worldly government whatsoever, not onely that, which is tyrannicall, but likewise that, which is moderate, just and lawful in other temporal Magistrates. Math. 20.25.26.27. Luke. 22.25.26.27. 1. Pet. 5.1.2.3. as our own Homilies, Bishop Defence of the Apology part. 5. c. 6. divis. 6, to 12 jewel, Bishop Ha●borow for faithful Sub●ects. Elmer, Bishop True difference between Christian subjection& antichristian Rebellion. p. 124. 125 126. 127. Bilson, Master dean reproof of Dorman f. 17.48.57.43.44. Nowell, the Fathers cited by them, and Luther, Zwinglius, Melancton, Calvin, Bullinger, Hemingius, Illyricus, gualther, Sadael, Beza, Munster, Sne- Snecanus, Szegedine, Erastus, the Churches of Bohemia, Broughton, Raynolds, Withers, Whitaker, Fulke, and other in their places quoted in a petition to her Majesty p. 22. 23. And in Gersonius Bucerus de Gubernatione Ecclesia. most Protestant Divines extant, interpret those texts. Yea they are now so strangely audacious, as without any Letters, Patents from your Majesty, to keep Consistory Courts, visitations, Synods in their own names and rights: to make out Citations, process, excommunications, Letters of Administration, Licenses for marrying without banes &c. in their own stiles, names, and with their own seals alone; to institute and prescribe new Articles, Constitutions, Ordinances, Ceremonies, laws, Rites, forms of oaths &c. and impose them on your Subjects, publishing them in print in their own names, and swearing Churchwardens, Sidemen, with other your Majesties Subjects, to execute, and submit unto them, contrary to their own 12. Canon,( as if they were absolute Popes, Kings, and Lawgivers,) without your Majesties privity and the Parliaments approbation: of which exorbitances they are so far from being ashamed, that in a late latin Pamphlet, licenced by the Archbishop of Canterbury his chaplain, that now is, and dedicated to his Grace, by one Collectiones. p. 53. Chownaeus, they stick not to proclaim; that your majesty and other Princes ecclesiastical laws, receive both their vitality and vivacity, from the Bishops, as from the HEART AND HEAD: yea Doctor Wien Bishop of Norwich( no more a Regulus, but a Rex,) in his late presumptuous Visitation Articles, printed at London, 1636. in his own name( worthy your Majesties consideration) makes not onely the Chap. 9. Article. 11. Archbishop of Canterbury, and his Vicar general and Visitors ecclesiastical Lawgivers, and their Injunctions, Oracles, and laws to be diligently observed and enquired of upon Oath: but himself most presumptuously takes upon him like an absolute King or Pope, to prescribe new laws, Canons, Injunctions, Articles, Orders in his own name and right without any Commission from your Majesty, or your royal privity or assent, contrary to your 25. H 8. c. 15. 21. 27. H. 8. c. 15. 37. H. 8. c. 17. 1. Eliz. c. 1. Magna Charta. c. 29. laws, and your own late royal Declaration before the 39. Articles; suspending no less then 30. Ministers of best note and quality in his late Visitation,( though every way confirmable to the Doctrine and Discipline, by Law established in the Church of England, and so reputed in his predecessors times) onely for refusing to conform against their consciences, duties, and allegiance to those gross Innovations, which he would obtrude upon them, contrary to your royal laws and Before the 39. Articles and concerning the Dissolution of the Parliament. p. 21. 42. Declarations against such Innovations. Which Tyranny of his, as it hath produced a great Amos 8.11. famine of Gods word in those parts, and bread in your Subjects hearts a great murmuring, discontent and fear of alteration of Religion; so it hath caused many to forsake the realm, and will no doubt draw 2. Chron. 36.15.16.17. 1. Thess. 2.15.16. down Gods Plagues and Vengeance on it, who since this Bishops late Visitation, hath visited many places of the realm, with Plague and Pestilence, and threateneth even a famine of bread unto it, to recompense that famine of his word, which he and other Bishops have everywhere made; who neither preach themselves, and inhibit others from preaching, upon no just occasion who else would gladly do it. And as if this were not enough; both your Archbishops, with sundry other of your Bishops, in the late Censure of Doctor Bastwicke, in the High Commission Court at Lambheth ( whom they excommmunicated, fined one thousand pound to your Majesty, imprisoned and suspended from practising physic, onely for writing a book in latin, printed beyond the Seas, in defence of your Majesties Prerogative royal in causes ecclesiastical, against the Popes and Italian Bishops pretended Primacy, being provoked by a Papist and obliged thereunto by his Oath of allegiance; his loyalty and fidelity to your Majesty being his sole offence;) they feared not to proclaim and solemnly to adjudge, like so many ungrateful disloyal Subjects, that I say no more: That they received their episcopal power, Soveraingty and Jurisdiction, not from your Majesty but from Christ alone; that they claim and enjoy it by no other, but a divine right,( contrary to their Predecessors and the Parliaments express resolution, 37. H. 8. c. 17. 31. H. 8. c. 9. 10. 1. E. 6. c. 2. 1. Eliz. c. 1. and the very words of their Oath and Supremacy to your Majesty: and that Bishops anciently were reputed and styled Kings and Princes, whence they had there mitres, Thrones and Crosier staves: a shrewd sign they would be no less then Kings now, to sway all things both in Church and State, as they endeavour to do; though contrary to our Saviours express prohibition, Matth. 20.25.26.27. Mar. 10.42.43. Luke. 22.25.26.) And to show themselves Kings indeed, they most presumptuously take upon them to dispense with laws and Statutes, as in the case of marrying without asking banes; to stop the course of your Majesties Prohibitions to their Courts, in cases where they have been always granted; to imprison those who dare sue for, or deliver your royal Prohibitions to them; and some of them stick not to proclaim, that they would see the man who dares withstand their exorbitant, illegal proceedings, or grant a Prohibition to inhibit them; yea they generally hate, and persecute all your faithful Subjects, who dare defend your crown and ecclesiastical Prerogative against their papal usurpations on them, far more then they do any priests or Iesuites living, whom they now much favour and connive at ( though Traitors to your Majesty;) because they favour all these their episcopal oppressions, and encroachments, as tending to erect and justify the Popes disclaimed exploded Monarchy. And is it not then high time for your Majesty to look about you? to curb these aspiring Popes of this our lesser world( as Antiquitates Eccles. Brit. Eadmerus& Godwin in vita Anselmi. Speeds History. p. 463. anselm and the Archbishops of Canterbury were sometimes styled by the Pope of Rome himself not without just cause,) before they grow so head-strong as wholly to usurp your royal Diademne, and quiter shake off your yoke? Have they not taken half your crown already from your sacred head,( I mean your entire royal, ecclesiastical jurisdiction, which they claim, engross, usurp and exercise by their own inherent power) and placed it upon their own ambitious Pates, not fearing lately to contest even with your Majesty in your own sacred Presence, whether you or they should visit the University of Cambridge( of which you alone are the undoubted Visitor) and there ●en●n without any special Patent from your Majesty in their own names and rights alone, and not as your Majesties Visitors, contrary to their very Oath of Supremacy to your Majestie●, and the express Statutes of 26. H. 8. c. 1. 31. H. 8. c. 10. 37. H. 8. c. 17. 25. H. 8. c. 19. 21. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 5. Eliz. c. 1. 8. Eliz. c. 1. and other Acts? Yea have they not maimed your temporal jurisdiction, also by stoping your own royal Prohibitions to their Courts; by intermeddling with temporal offices and affairs, of purpose to advance their own spiritual power and jurisdiction, and by forcing your Subjects to take oaths before them in cases which concern neither Matrimony nor Testament? Surely your royal Predecessors, and their Iudges have so resolved, long a go; and therefore in their Writs of Prohibition, and Ad Iura Regia; they commonly inserted these clauses, that the Prelates Proceedings in all causes not merely ecclesiastical, and their administering oaths to your people in any cases, but of Matrimony and testament, was: Register pars 2. f. 36. 37. to 65. In grave praejudicium Coronae& dignitatis nostrae regiae: In nostri contemptum,& regiae dignitatis laesionem: In laesionem coronae& dignitatis nostrae &c. Adding moreover: Nos qui ad illaesam observationem jurium Coronae& dignitatis nostrae vinculo juramenti astringimur, nolentes talia tolerare; vobis prohibemus ne quicquam in praemissis attentare praesumatis; per quod juri coronae& dignitatis nostrae derogari valeat quovis modo,& si quid per vos in hac parte minus ritè attentatum fuerit, id sine dilatione aliqua revocari faciatis; ne ad vos tanquàm ad jurium coronae& dignitatis nostrae violatores graviter capere debeamus, &c. Eo studiosus nos decet operam adhibere& solicitius extendere manum nostram quoad hoc vinculo Iuramenti teneri dinoscimur& astringi; pluresque conspicimus indies jura illa pro viribus impugnare, nobis& coronae nostrae praejudicium& exhaeredationem multipliciter generantes. Nos volentes hujusmodi praejudicio,& exhaeredationi remedio quo poterimus obviare, omniumque jura coronae nostrae impugnantium conatus illicitos refraenare; vobis& vestrum cuilibet districtè prohibemus, ne praetextu alicujus Commissionis vobis vel cuilibet vestrum factae vel faciendae, quicquam quod, in derogationem juris nostri regij, quacunque auctoritate nobis inconsultis attentare praesumatis, seu per alios attentari faciatis: scientes, quod si secus feceritis, ad vos tanquam ad violatores juris nostri regij graviter capiemus, &c. The latin I confess is none of the best, but the sense is notable, manifesting both the Turbamur non immodicum, cum PRELATI regni nostri, qui ad jus regium nostrum conservandum illaesum ex juramenti vinculo sunt astricti quicquam facere conspicimus, quod in nostri praejudicium antedicti juris regij laesionem cedere poterit quoquo modo. Register ps. 2. f. 64. b. Prelates readiness in all ages to usurp upon your Predecessors Crownes and dignities, and their vigilant constant care on the other side to curb, prevent, and punish these their encroachments, as derogatory and prejudicial to their crown and dignity( being bound thereto by their Coronation oaths) both by imprisonment and the seizure of their temporalties, as the Attachments, following upon these Prohibitions, manifest. Your Majesty no doubt hath as 37. H. 8. c. 17. 26. H. 8. c. 1. 28. H. 8. c. 10. 1. Ed. 6. c. 2. 1. Eliz c. 1. 5. Eliz. c. 1. 8. Eliz. c. 1. 23 Eliz. c. 1. compared together. absolute a Prerogative over all ecclesiastical Persons and causes, as supreme head on earth of the Church of England, as ever any your royal Progenitors; and your Prelates now, no more episcopal Jurisdiction, Jure divino, then their undutiful Predecessors; you have taken the selfsame See Totelli Magna Charta, 1556. f. 164. Oath at your Coronation, to preserve, to defend the rights, the Prerogatives of your crown and Liberties of your Subjects, as your ancestors have done, and you have shewed yourself very careful to preserve, if not enlarge your Prerogative in temporal things. I doubt not therefore, but you will likewise upon the perusal of this Breviate, vindicate your ecclesiastical Prerogative from your Prelates disloyal encroachments, as your Progenitors have done, and not let loose the rains unto them to usurp upon your crown, your dignity, and the Liberties of your Subjects more and more, and do what they please, without control. If any of them suggest to your Majesty, that it is for your honor, and the Churches good, that the Bishops and Clergy should domineer and bear chief sway in Church and State; flourish in worldly honor, wealth, pomp, dignity; manage the chief temporal offices and affairs, and Lord it over your Nobility, gentry, people, as their Predecessors have done in former ages. Can. 14.15 18.19.20.22.23.34.35. Suerius council. Tom. 1. p. 513. 514. Gratian. Dist. 41. 88. 29. 95. 59. Causa. 41. qu. 1. causa. 15. q. 7. First, That the 214. Bishops in the 4. council of Carthage An. 436. were of a far other Iudgement. For they denied, that every Bishop should have( not a Lordly palace,) but Hospitiolum, a little cottage to dwell in, not far of from the Church. That he should have vile ( not Lordly, costly,) household stuff, and a poor table and fare, and should seek the authority of his dignity by his faith and merits of life. That he should not take upon him the Probate or Administration of Wills; nor go to Law for transitory things though provoked; That he should not take any care of his temporal estate to himself; said lectioni& orationi,& verbi Dei praedicationi TANTVM MODO VACET; but should ONELY give himself to reading, and prayer, and the preaching of Gods word. That he should ordain no Ministers without the advice of his Clergy, and the consent and testimony of the Citizens. That he should hear no mans cause, without the presence of his Clergy; and that otherwise his sentence should be merely void, unless it were confirmed by the presence and suffrage of his Clergy. That in what place soever he was sitting, he should not suffer a Presbyter or Minister to stand; That in the Church and Session of the Presbyters, the Bishop should sit in the upper place: but within any house COLLEGAM SE PRESBYTERORVM AGNOSCAT; he should know himself to be but the fellow or co-partner of Ministers. Thus this council of 214. Bishops decree, and that so justly, that every one of these Canons is incorperated into the Popes own Canon Law, and there remain unrepealed till this very day, at least 40. others councils, determining both before and since, See council. Carthag. 3. Can. 15. Gratian. Causa. 21. qu. 3. that Bishops and Clergy men ought not to bear any temporal offices, or intermeddle with secular affairs, since no man that goeth a warfare to God, ought to entangle himself in the affairs of this world:( 2. Tim. 2.4.) that he may please him, who hath chosen him to be a soldier. Whence Surius council. Tom. 1. p. 466. 467. 468. 469. Pope Damasus the first, in his decretal Epistle concerning Chorall Bishops; compares those Bps who turn over their flocks to such Bishops and Substitutes to be governed and instructed by them, that they may follow their lusts, ut pro suo libitu SECVLARIBVS CVRIS INHIENT, and give themselves to secular cares at their pleasure, and more freely do what seems good to every one of them in his own eyes: to Harlots, who presently, so soon as they are delivered, delivered their infants to other nurses to be brought up, that they may be the sooner able to follow and satisfy their lusts. For, and by reason of such things and Bishops, souls are neglected, the sheep perish, diseases increase, heresies and schisms break forth, Churches are destroyed, priests are defiled, and other evils arise. Wherefore the chief priests may not imitate whorish women, who put over their children to others to be nursed, that they may follow their pleasure, but they themselves ought to nourish them, themselves ought to render fruit to their Lord with increase, and to present the fruitful sheaves to him with glory. For if the Lord himself, among other cares of his sheep, hath touched and cleansed the lepers, why do wee disdain to do the same things? Especially when as the Lord said to Peter, John. 21.15.16.17. If thou love me, feed my sheep. If we desire to be the Lords Disciples, let us follow his steps; that it may be said of us, I am the good shepherd, and know my sheep, and am known of mine, and I call them all by name, &c. Every one who negligently feeds the Lords flock so often committed to him, is convinced not to love the chief Pastor, nor yet to be willing to be made his Disciple, whose examples he neglects to imitate. Gen. 31.38.39.40. Wee remember, that jacob, who had served long for his wives, said thus to Laban: This twenty yeares have I been with thee, thy ewes and thy shee-goates have not cast their young, and the rams of thy flock have I not eaten. That which was torn of beasts, I brought not unto thee, I bare the loss of it; of my hand didst thou require it, whether stolen by day or by night. Thus I was, in the day the drought consumed me, and the frost by night, and the sleep departed from mine eyes. If therefore he did thus labour and watch, who fed Labans sheep, how great pains& watchings ought he to take, who feeds the sheep of God? This can no Prelate or Bishop do, who is busied in worldly affairs or flows in worldly honor, wealth, pomp and State. For as Epist. 37 Hildebert of Turen truly writes: It is impossible that he should at any time speak with the Lord, who( even when he is silent) talks with all the world: Such a fable-bearer do I, O wretch ( saith he) profess myself, who when as I spend the whole dayes about keeping of cattle and worldly affairs, do not spend so much as one moment in keeping of souls. Businesses, which are worse to my spirit, meet with me, which engross me wholly to themselves, which steal away the secret times of prayers, which defraud ecclesiastical duties of their seasons, which as a small thing rage and vex me with stings by day, and likewise infest me when I sleep by night; and that which I cannot aclowledge without tears, the creeping and thievish remembrance of causes follow me, poor wretch to the sacred Altars, where whiles I deprecate the flight thereof, I am surrounded with their assault. These birds, I unhappy wretch, endure with sacrifying Abraham, but it is not yet given me to drive them away with Abraham. Now innummerable losses of virtues follow the captivating occupations of the mind, to which whiles we miserable are subject, wee do not so much as minister with Martha: For Martha ministered, but to Christ; but which of us may say that wee do run about and minister with Martha, who whiles wee run about, do neither minister to Christ, nor for Christ. Hence is it( writes De Statu Domus Dei. l. 3. Bibl. Patr. Tom. 12. pars. 1. p. 628. Potho,) that in these dangerous times the scarcity of spiritual things doth most of all press and shake us, when as plenty of temporal things abound. For the Church in this time is made greater in riches, but far less in virtues. Whence charity now waxing could in many, the desire of heavenly things vanisheth quiter away in us, and all the study of virtues is turned into the appetite of transitory things. For these things men desire to be Bishops and Prelates of Churches, that they may enjoy these things, that they may flow with pleasures, that they may rather rule over the Church of God, then profit it; that they may have the family of the Church, subject to them, that they may be Lords of things, that how much the richer their Churches are, they may thereby become more famous. Since therefore ambition reigns in these men, how can they adorn the doctrine of Christ in word and example in all things? What virtue of true religion is there in them whose heartes the brightness of divine illumination hath forsaken? Thus these, in direct opposition to this your Prelates suggestion, who plead so much for worldly, honor, pomp, wealth, and rule, which of all other things they should most detest. Secondly, I answer, that Christ himself avers, John. 18.36. that his kingdom was not of this world; expressly Math. 20.25.26.27. mark. 10.42.43.44.45. Luke. 22.24.25.26.27. 1. Pet. 5.1.2.3. 3 John. 9. John. 21.15.16.17. Acts. 20.28. mark. 16.15.16. prohibiting his Ministers and Apostles, to Lord it over his inheritance, or exercise any temporal Dominion over them, commanding them onely to feed& teach, not domineer or rule over his flock like temporal Lords: to Math. 11.29. be lowly and humble without pomp, state, or worldly possessions, as he and his Disciples were, being 1. Tim. 6.8.9.10.11. content onely with food and raime●t, eschuing worldly pomp and wealth, as the very bane and poison of the Church: Hence Sermon. on Hag. 1. p. 176. and on Math. 9.37. p. 318. Defence of the apology. parte 6. c. 9. Divis. 3. pag. 567. 568. Bishop jewel records out of joannes Cap. 22. in vita Silvestri See Polichronicon. l. 4. c. 26 f. 171. Thomas Becons Reports of certain men. Vol. 3. f. 241. Parisensis and others, That when Constantine the Great advanced Bishops, and endowed the Church with lands and temporal possessions, there was a voice of Angels heard in the air, saying: hody venenum infunditum in Ecclesiam: This day poison is powred into the Church. And from that time forward( saith Polychronicon out of Giraldus Cambiensis) because of the great riches that the Church had, it was made the more secular; and had more secular business, then spiritual devotion, and more pomp& boast outward then holinesse within. Therefore jerome in Vitas Patrum saith; Since the holy Church increased in possessions, it decreased in virtues according to the old proverb: Religio peperit divitias, Et filia devoravit matrem. And out of saint Bernard he writes: that since Prelates increased in worldly pomp, choosing the first places in the Church, they have been the chiefest in persecuting Christ, and have ever shewed themselves, not teachers, but deceivers, not Pastors but Impostors; not Prelates but Pilates, succeeding not Peter in teaching, but Romulus in murdering: Concluding out of the same Bernard; that no Prelate, no not the Pope himself, can be both a Successor of the Apostles& a Lord; for doubtless he was forbidden one of them by our Saviour, Math. 20.25.26. where Christ by several duties and honors, hath set a difference between the offices of both powers. Our Princes never took upon them the office of Bishops, but your Bishops ( saith he to harding) have taken upon them the office of Princes: Of your Bishops it is written in your own council. Macrense. cattle. Test. Veritatis. p. 121. councils ( and I would it were not now as true of ours,) Behold there is now in a maner no worldly affair, but priests and Bishops have it in a hand. Such Bishops be they of whom saint Chrysostome writeth thus: They that neither believe, nor fear the Iudgement of God, abusing their ecclesiastical dignity in secular sort, turn the same in secular dignity. Such Bishops they be of whom Contra Luciferianos& in Soph. c. 1. saint Hierom saith thus: They themselves be to themselves both Laymen and Bishops too: They worship the Lord and Melchom both together, thinking that they may serve both the world and the Lord, and satisfy two Maisters at once, God and Mammon; who fighting under Christ, bend themselves to worldly affairs, and offer up one Image both to God and to Caesar. And therefore cardinal Cusanus saith: Hereof groweth a great deformity that Bishops are bent onely to worldly cares. Thus and In his Sermon on Haggay 1. Defence of the apology, part. 4. c. 17 Divis. 1.& part. 6. c. 11 Sims. 5. p. 576. 577 much more Bishop jewel. Neither is this Prelate singular in his opinion. Our famous English Apostle John wickliff, affirmed: Thomas Walsingham Hist. Angl. p. 205. 302 303, 304. 305. 306. Wiclesi. Diolog. l. 4. c. 15. 16. 17 18. 26. 27. Fox Acts& Monuments p. 398. 399. 412. That Popes, Cardinals, Bishops, or other priests, might not civiliter dominari, rule like civill Lords without mortal sin. That it is a sin to endow them with temporal possessions, that no Prelates ought to have any prison to punish offenders; nor get any large temporal possessions or riches: And that no King should impose upon any Bishop or Curate any secular office; for then the King and the clerk should be Proditor Iesu Christi, a betrayer of Christ Iesus. William Swinderby, a Martyr under Richard the second, held: Fox Acts& Monuments p. 431. 434. That the more Lordship a priest hath, the nearer he is to Antichrist: That the priests of the old Law were forbidden Lordship; and that Christ himself refused and forbade his priests Lordships, saying: Reges gentium &c. The Kings of the heathen bear rule &c. but you shall not do so. And saint Peter saith Neque dominantes in Clero, Not bearing rule and domination over the Clergy. So it seemeth to me that it is against both laws of God, that they have such Lordships, and that their title to such Lordshops is not full good, &c. So the Fox Acts& Monuments p. 514. 517 518. 522. Noble Martyr Lord Cobham professed: That the will of God is, that priests being secluded from all worldliness, should conform themselves utterly to the examples of Christ, and his Apostles; be evermore occupied in preaching and teaching the Scriptures purely, and in giving wholesome examples of good living to others, being more modest, loving, gentle, and lowly in spirit, then any other sorts of people. Where do ye find ( said he to the Prelates) in all Gods Law, that ye should thus sit in judgement of any Christian man, or yet give sentence of any other man unto death as ye do here daily? No ground have ye in all the Scriptures so Lordly to take it upon you, but in Annas and Caiphas which sate thus upon Christ; and upon his Apostles, after his ascention. Of them onely have ye taken it to judge Christs members, as ye do,& neither of Peter nor John. Since the venom of Iudas was shed into the Church, ye never followed Christ, nor yet stood in the perfection of Gods Law. By venom I mean your possessions and Lordships: For then cried an Angle in the air( as your own Chronicles mention) Woe, woe, woe, this day is venine shed into the Church of God. Before that time all the Bps of Rome were Martyrs in a maner: and since that time we red of very few: But indeed one hath put down another, one hath cursed another, one hath poisoned another, one hath slain another,& done much more mischief besides, as all Chronicles tell. And let all men consider this well, that Christ was meek and merciful; the Pope( and his Prelates) is proud and a tyrant: Christ was poor and forgave, the Pope is rich and a malicious manslayer, as his daily Acts do prove him. Rome is the very nest of Antichrist, and out of that nest cometh all the Disciples of him; of whom Archbishops, Bishops, Prelates, priests and monks be the body, members, and these pild Friars the tail. Though priests and Deacons for preaching Gods word, ministering the Sacraments with provision for the poor be grounded on Gods Law, yet have these Sects no maner of ground thereof. he that followeth Peter most nighest in pure living, is next unto him in succession. But your Lordly order esteemed not greatly the behaviour of poor Peter, what ever ye prate of him. Passus. 15. 2. 4. b. pierce ploughman, an ancient English poet, writes to the same effect: If Knighthood and Kindurite and commons by conscience, Together love Lelly, leveth it well ye Bishops, The Lordship of lands for ever sall ye lese, And live as Levitici, as our Lord ye teacheth. Deut. 8. Numb. 5. per primitias& decimas &c. Sir The Plowmans Tale. Geffry Chaucer our renowned poet, is, yet more punctual. The Emperour yafe the Pope sometime, So high Lordship him about, That at last the sely rhyme, The proud Pope put him out. So of this realm is in doubt: But lords beware and them defend, For now these folk been wondrous stout, Moses Law forbod it tho, That priests should no, Lordeshippes wield, Christs gospel biddeth also, That they should no worships held, Ne Christes Apostles were never so bold, No such worships to them embrace, But sm●r●n her sheep, and keep her fold, God amend hem for his grace, &c. This book of Chaucer was authorised to be printed by Act of Parliament in the 34. and 35. H. 8. c. 1. In his works. p. 124. 140 152. 142. Master William Tyndall Martyr, writes thus: Let Kings rule their realms themselves, with the help of Laymen that are sage, wise, learned and expert. Is it not a shane above all shames and a monstrous thing, that no man should be found able to govern a worldly kingdom save Bishops and Prelates that have forsaken the world, and are taken out of the world, and appointed to preach the kingdom of God; Christ saith, that his kingdom is not of this world, John. 18. and Luk. 19. unto the young man that desired him, to bid his brother to give him part of the inheritance, he answered; who made me a judge or a devider over you: No man that layeth his hand to the plough and looketh back, is fit for the kingdom of heaven, Luke 9. No man can serve two Maisters, for he must despise the one. Matth. 6. To preach Gods word, is to much for half a man: and to minister a temporal kingdom, is to much for half a man. Either other requireth an whole man. One therefore cannot well do both. The Bishops after they had put Christ out of his room, they gate themselves to the Emperors and Kings, and so long ministered their business, till they have also put them out of their rooms, and have get their authorities from them, and reign also in their stead: So that the Emperour and Kings are but vain names, and shadows, as Christ is, having nothing to do in the world. Thus reign they in stead of God and man, and have all power under them, and do what they list. What names have they? My Lord Bishop, my Lord Archbishop, if it please your father-hood, if it please your Lordship, if it please your Grace, if it please your holiness, and innummerable such like. Behold, how they are esteemed, and how they are crept up above all, not into worldly seats onely, but into the seat of God, the hearts of men, where they sit above God himself. For, both they, and whatsoever they make of their own heads, is more feared and dread, then God and his Commandements. Antichrists Bishops preach not, because they have no leisure for their lust and pleasures, and abundance of all things, and for the combrance that they have in Kings matters; and business of the realm. One keepeth the privy seal, another the great seal, the third is Confessor, that is to say a privy traitor, and a secret Iudas, he is President of the Kings counsel, he is an ambassador, another sort of the Kings secret counsel. Note. Wo is unto the realms where they are of the counsel, as profitable are the Prelacy, unto the realms with their counsel, as the Wolves unto the Sheep, or the Foxes unto the goose. page.. 181 For there is no mischiefs or disorder, whether it be in the temporal regiment or in the spiritual, whereof they are not the chief causes, and even the very fountain and springs; and as we say the well head: so that it is impossible to preach against any mischief, except thou begin at them, or to set any reformation in the world, except thou reform them first. Now are they indurate and tough as Pharaoh, and will not bow unto any way or order. And therefore persecute they Gods word and the Preachers thereof, and on the other side lay await unto all Princes and stir up all mischief in the world, and sand them to war, and occupy their mindes therewith, or with other voluptuousness, lest they should have leisure to hear the word of God,& to set an order in their Realms. By them is all things ministered, and by them are all Kings ruled; yea in every Kings conscience sit they ere he be King, and persuade him what they list, and make them both to believe what they will, and to do what they will, neither can any King or realm have rest for their business. turn thine eyes whether thou wilt, and thou shalt see nothing prosperous but their subtle yolling, with that it is flowing water, yea and I trust it will be shortly a full Sea. In all their doings, though they pretend outwardly the honor of God, or a Common-wealth, their intent and secret counsel is onely, to bring all under their power, and to take out of the way whosoever letteth them, or is to mighty for them. And when they are once on high, then are they Tyrants above all Tyrants. Whether they be Turkes or Saracens. Thus and far more See his Practise of Popish Prelates worthy to be seriously red. Master Tyndall Fox Acts& Monuments p. 926. 927 Master Fish in his Supplication of Beggars, thus complains to King Henry the 8. of the inconvenience of the Prelates greatness and sway, both to himself and his subjects, worthy your Majesties most serious consideration. Oh the grievous shipwreck, of the Common-wealth, which in ancient time before the coming of these ravenous wolves, were so prosperous, that &c. What remedy? Make laws against them? I am in doubt whether ye be able. Are they not stronger in your own Parliament-house then yourself? What a number of Bishops, Abbots, and Priors, are Lords of your Parliament? The fruits of Prelates greatness. Are not all the learned men of your realm in fee with them, to speak in the Parliament-house for them, against your crown, dignity and Commonwealth of your realm, a few of your own learned counsel, onely excepted? what Law can be made against them that may be avaylable? Who is he( though he be grieved never so sore,) that for the murder of his ancestor, ravishment of his wife, of his daughter, robbery, trespass, main, debt, or any other offence, dare lay it to their charge by way of Action? and if he do, then is he by and by, by their Now they bring such into the high Commission, and there ruin them, or force them to give over their actions. wylines accused of heresy; yea they will so handle him ere he pass, that except he will bear a faggot at their pleasure, he shall be excommunicated, and then be all his actions dashed. So captive are your laws unto them, that no man whom they list to excommunicate may be admitted to sue any action in any of your Courts. If any man in your Sessions dare be so hardy to indite a priest of any such crime; he hath ere the year go about such a yoke of heresy laid in his neck, that it maketh him wish he had not done it. Your Grace may see what a work there is in London; how the Bishop rageth for inditing certain Curates of extortion and incontinency the last year in the Ward-mote Quest. Had not Richard hun commenced action of Praemunire against a priest, he had yet been alive, and no heretic at all, but an honest man. Note the danger that accrues by making Clergymen chief temporal officers And this is by reason that the chief Instrument of your Law, yea the chief of your counsel, and he which hath your sword in his hand, to whom also all the other instruments are obedient, is always a spiritual man; which hath ever such an inordinate love unto his own kingdom, that he will maintain that, though all the temporal kingdoms and commonwealths of the world, should therefore utterly be undone. Which Master Acts and Monuments p. 1381. John Fox himself thus seconds: Note. This hath been one great abuse in England these many yeares, that such offices as have been of most importance& weight, have commonly been committed to Bishops and other spiritual men; whereby three devilish mischiefs and inconveniences have happened in this realm, to the great dishonour of God, and utter neglecting of the flock of Christ, the which three be these. First, they have had small leisure to attend to their pastoral cures, which thereby have been utterly neglected and left undone. Secondly, it hath also puffed up many Bishops and other spiritual persons into such haughtiness and pride, that they have thought no noble man in the realm, worthy to be their equal and fellow:( Whence 22. H. 8. fol. 184. Hall in his Chronicle observes, that the authority of cardinal Wolsey, set the Clergy in such a pride, that they disdained all men; wherefore when he was fallen they followed after.) Thirdly, where they by this means knew the very secrets of Princes, they being in such high offices, have caused the same to be Note, the Bishops the greatest friends& Pillars of the Pope,& more faithful to him, then to their Prince. known in Rome, afore the King could accomplish and bring his intents to pass in England. By this means hath the Papacy been so maintained, and things ordered after their wills and pleasures, that much mischief hath happened in this realm and others, sometime the destruction of Princes, and sometime to the utter undowing of many commonwealths. Master Vpon the 8. Commandement. pag. 78. Hooper, both a Bishop and Martyr of our Church, delivers his judgement of the point in these ensuing terms: For the space of 400. yeares after Christ, the Bishops applied all their wit onely to their own vocation; to the glory of God, and the honor of the realms they dwelled in. Though they had not so much upon their heads, as our Bishops have, yet had they more within their heads as the Scripture and histories testify. For they applied all the will, they had unto the vocation and ministry of the Church whereunto they were called. But our Bishops have so much wit, that they can rule and serve ( as they say,) in both States, in the Church and also in the civill policy, when one of them is more then any man is able to satisfy, let him do always his best diligence. If he be so necessary for the Court, that in civill causes he cannot be spared, let him use that vocation, and spare the other. It is not possible, he should do both well. See Bucerus De Regno Christi. l. 2. c. 12. It is a great oversight in Princes thus to charge them with two burdens. The Primitive Church had no such Bishops as we. They had such Bishops as did preach many godly Sermons in less time then our Bishops horses be a bridling. Their house was a school or treasure house of Gods Ministers. If it be so now, let every man judge. The Magistrates that suffer the abuse of these goods, be culpable of the fault. If the fourth part of the bishopric remained to the Bishop, it were sufficient, the third part to schoolmasters, the second to poor, and Soldiers were better bestowed. If any be offended with me for this my saying, he loveth not his own health, nor Gods laws, nor mans; out of which I am always ready to prove the thing, I have said to be true. Further, I speak of love, not of hatred. And in his apology he saith: It is both against Gods laws and mans, that Bishops and Clergy should be judges over any subjects within this realm, for it is no part of their office: they can do no more but preach Gods word, and minister Gods Sacraments, and excommunicate such as Gods laws do pronounce to be excommunicated. Who would put a sword into a madmans hand? Thus this good Prelate, whom Master Latymer,( who Fox Acts& Monuments p. 1578. gave over his bishopric out of conscience( as Shaxtor Bishop of Salisbury likewise did,) and skipped fo● joy being divested of his Bishoplike habit, because he feeled his shoulders so light, and was discharge● of so heavy a burden;) thus seconds in his Sermon of th● Plough: Edit. 1578 cum Privilegio fol. 17. God saith by the Prophet jeremy; M●ledictus qui facit opus Dei fraudelenter, guilefully an● deceitfully some books have, negligenter, negligently, or slackly. How many such Prelates, how man● such Bishops( Lord for thy mercy) are there now ● England? And what shall we in this case do? shall we company with them? O Lord, for thy mercy shall we not company with them? O Lord, whether shall we flee from them. But cursed be he which dot● the work of the Lord negligently or guilefully A sore word for them that are negligent in discha●ging their office ill. ye that be Prelates look we to your office; for right Prelating is busy labourin● and not Lording; therefore preach and teach, and l● your plough be doing. ye Lords, I say, that live li● loiterers, look well to your office, the plow is you office and charge. If ye live idle and loiter, you do not your duty, &c. They have to say f● themselves long customs, and authority, placing in Parliament, and many things more. And I fear me this land is not ripe to be ploughed: for as the saying is, It lacketh withering. This land lacketh withering at least it is not for me to plough. For what shall I look for among thorns, but pricking& scratching? what among stones, but stumbling? what( I had almost said) among Scorpions but stinging? But thus much I dare say, that since Lording and loitering hath come up, preaching hath gone down contrary to the Apostles times. For they preached and Lorded not, and now they Lord and preach not. For they that be Lords, will ill go to the plow. It is no meet office for them. It is not seeming for their estate. Thus came up Lording loiterers. Thus crept up unpreaching Prelates. For how many unlearned Prelates have we now at this day? And no marvel, for if the ploughmen that now be, were made Lords, they would clean give over-ploughing, they would leave their labour, and fall to Lording outright, and the plough stand. And then both ploughs not walking, nothing should be in the Common-wealth but hunger. For ever since the Prelates were made lords and Nobles, their plough standeth, there is no work done, the people starve; they hawk, they hunt, they card, they dice, they pastime in their Prelacies with gallant Gentlemen; with their dancing Minions, and with their fresh companions, so that ploughing is set aside. Lording hath put down preaching. See Supplication to K. Henry the 8. An. 1544. And by their Lording and loitering, preaching and ploughing is clean gone. And thus if the ploughmen in the country, were as negligent in their office, as Prelates be, we should not long live for lack of sustenance. And as it is necessary for to have this ploughing for the sustentation of the body, so must we have also the other for the satisfaction of the soul; or else we cannot live long ghostly. For as the body wasteth and consumeth away for lack of bodily meate; so doth the soul The Prelates therefore who suppress Lectures and preaching, as many now do, onely starve and pine, not feed mens souls. pine away for want of ghostly meate. And as diligently as the husbandman plougheth for the sustentation of the body; so diligently must the Prelates and Ministers labour for the feeding of the soul; both the ploughs must still be going as most necessary for man. They have great labours, and therefore they ought to have good livings, that they may commodiously feed their flock; for the preaching of the word of God is called meate. Scripture calleth it meate, not strawberies, that come but once a year, and tarry not long, but are sone gone; but it is meate, it is no dainties. The people must have meate that must be familiar, AND CONTINVALL, and daily GIVEN unto THEM TO FEED ON, &c. And wherefore are Magistrates ordained, but that the tranquillity of the Common-wealth may be confirmed, limiting both ploughs. But now for the fault of unpreaching Prelates, me think I could guess what might be said for excusing of them. They are so troubled with Lordly livinge, they be so placed in palaces, couched in Courts, ruffeling in their rents, dancing in their dominions, burdened with ambassages; pampring of their paunches like a monk that maketh his Iubely, mounching in their Maungers, and moiling in their gay manors, and Mansions, and so troubled with loitering in their Lordships, that they cannot attend it. Ecclesiarum Prelatè in mundialibus scilicet efficaces, in spiritualibus desides. Will. Malmesburiensis. De Gestis Regium Ang. l 5 p. 173. They are otherwise occupied, some in Kings matters, some are ambassadors, some of the privy counsel, some furnish the Court, some are Lords of Parliament, some are Presidents and comptrollers of Mints. Well, well, Bps ought not to intermeddle with temporal or state affairs Is this their duty? Is this their calling? Is this a meet See Bucerus de Regno Christi. l. 2. c. 12. office for a priest to be controllers of Mints? Is this a meet office for a priest that hath cure of souls? Is this his charge? I would hear a question, who comptrolleth the devil at home at his parish, while he comptrolleth the mint? If the Apostles might not leave the office of preaching to be Deacons, shall one leave it for minting? I cannot tell you, the saying is, that since priests have been Minters, money hath been worse then it was before: And they say, that the evilnes of money hath made all things dear. And in this behalf I must speak to England. hear my Country England, as saint Paul said in the first Epistle to the Corinthians 6. chapter: for Paul was no sitting Bishop, but a walking and a preaching Bishop: Is there( saith he) utterly among you no wise man to be an arbitrator in matters of Judgement? What? not one of all that can judge between brother and brother, but one brother goeth to Law with another, and that under heathen Judges? Appoint those Iudges that are most object and vile in the congregation: which he speaketh in rebuking them; for saith he; ad crubescentiam vestram dico, I speak it to your shane. So England I speak it to thy shane, is there never a Nobleman to be a So in his 5. Sermon before K. Edw. he writes thus Though I say, I would wish m●●y Lord Presidents, I mean not that I would have Prelates Lord Presidents, nor that Lord Bps should be Lord Presidents. As touching that I said my mind and Conscience the last year. And although it is said, present, it is not meant that they should be Lord Presidents; the office of a Presidentship is a civill office, and it cannot be, that one man shall discharge both well. Lord President, but it must be a Prelate? Is there never a wiseman in the realm to be a controller of the Mint? I speak it to your shane, I speak it to your shane. If there be never a wise man, make a Waterbearer, a Tinker, a cobbler, a Slave, a page. controller of the mint. Make ameane Gentleman, a groom, a Yeoman, make a poor beggar Lord President. Thus I speak, not that I would have it so, but to your shane. Is there never a Gentleman meet not able to be Lord President? For why are not the Noblemen and young Gentlemen of England so brought up, in the knowledge of God and in learning, that they be able to execute offices in the Commonwealth. The King hath a great many of Wards, and I hear there is a Court of Wards; why is there not a school of Wards as well as there is a Court for their lands? Why are they not set to the schools where they may learn? Or why are they not sent to Universities, that they may be able to serve the King when they come to age? The onely cause why Noblemen be not made Lord Presidents is, because they have not been brought up in learning. Yet there be already Noblemen enough, though not so many as I could wish, able to be Lord Presidents, and wisemen enough for the Mint. And as unmeet a thing it is for Bishops to be The same reason holds our Lord Presidents, Lord Chauncellors, Lord Treasurers &c. Lord Presidents, or priests to be Minters, as it was for the Corinthians to pled matters of variance before heathen judges. It is also a Note. slander to the Noblemen as though they lacked wisdom, and learning to be able for such offices. A Prelate hath a charge and cure otherwise; and Note well. therfore he cannot discharge his duty, and be a Lord President too: For a Presidentship requireth a whole man, and a Bishop cannot be two men. A Bishop hath his office; a flock to teach, to look unto;& therfore he cannot meddle with another office, which requireth an whole man. he should therefore give it over to whom it is meet, and labour in his own business, as Paul writeth to the Thessalonians: Let every man do his own business, and follow his calling. Let the priest preach, and the Noble men handle temporal matters. Well, I would all men would look to their duty, as God hath called them, and then we should have a flourishing Christian commonweal, &c. But our Blaunchers, which will be Lords and no Labourers, when they are commanded to go and be resident upon their Cures, and preach in their benefice, they will say: What? I have set a deputy there, I have a deputy, that looketh well to my flock, and he which shall discharge my duty. A deputy, ( quod he) I looked for that word all this while. And what a deputy must he be trow ye? Even one like himself. he must be a Note, those who lobour to advance and bring in the Canon Law, labour to advance and usher in the Pope again, whose Law it is: as Miles& Cl●ricus, and William Turner in his hunting of the Romish Fox, have notab●y and unanswerably proved. Canonist, that is to say, one that is brought up in the study of the Popes laws and Decrees: one that will set forth Papistry as well as himself; and one that will maintain all superstition and idolatry; and one that will nothing at all, or else very weakly resist the Devils plough, yea happy it is, if he take no part with the devil, and where he should be an enemy to him, it is well if he take not the Devils parte. They are Lords and no Labourers, but the devil is diligent at his plough. And now I would ask a strange question: Who is the most diligent Bishop and Prelate in all England, that passeth all the rest in doing his office? I can tell, for I know him who it is. I knew him well. But now I think I see you listening, hearkening that I should name him. There is one that passeth al● the other, and is the most diligent Prelate an● preacher in all England. And will ye know wh● he is? I will tell you; It is the devil. he is the most diligent preacher of all others, he is never ou● of his Dioces, he is never from his cure, ye shall neve● find him unoccupied, he is ever in his parish, he keepeth residence at all times, ye shall never find him out of the way: call for him when ye will, he i● ever at hand, the diligentest preacher in all the realm, he is ever at his plough: no Lording no● loitering can hinder him, he is ever applying hi● business, ye shall never find him idle, I warrant you. Oh that our Prelates would be as diligent to so● the corn of good doctrine, as satan is to sow cockle and darnel. There was never such a preacher in England as he is: he is no unpreaching Prelate. he is no Lordly loiterer from his cure, but a busy ploughman so that among all the Prelates,& among all the pack o● thē that have cure the devil, shall go for my money. For he still applieth his business. Therfore you unpreaching Prelates, learn of the devil to be diligent it doing your office. learn of the devil: and if you will not learn of God nor good men to be diligent, for shane learn of the devil: Ad erubescentiam vestram dico. I speak it to your shane. If you will not learn of God, nor good men ever to be diligent in your office, learn of the devil. Howbeit there is now very good hope, that the Kings Majesty both by the help of good governance of his most honourable Counsaylers, trained and brought up in learning and knowledge of Gods word, will shortly provide a remedy, and set an order therein. Which thing that it may be so, let us pray for him. Thus this good Bishop in opposition to our present Prelates doctrines and practices; Who if he were now alive and should say thus much, he might peradventure,( if some of them had their will) be martyred once again. Our learned Martyr Doctor barns, in his Supplication to King Henry the 8. p. 210. 211. writes: That it cannot be proved by Scripture, that a man of the Church should have so great temporal possessions as Bishops have. That they cannot by the Law of God have any jurisdiction secular, and yet they challenge both powers. This is the Article that did bite you: for you cannot be content, with the office of a Bishop, but you will be also Kings. How that standeth with Gods Law, or with your oath, I have declared to our noble Prince. And our worthy Martyr Master John Freth, in his Answer to Master Moores Preface, p. 116. determines thus: But surely since Sylvester received such possessions, hath the canker so crept in the Church, that it hath almost left never a sound member. Before that time there was no Bishop greedy to take a Cure: For it was no honor and profit as it is now, but onely a careful charge, which was like to cost him his life at one time or other. And therefore no man would take it, but he that bare such a love and zeal to God, and his flock, that he could be content to shed his blood for them: But after that it was made so honourable and so profitable, they that were worst, both in learning and living, most laboured for it, for they that were virtuous would not entangle themselves, with the vain pride of this world, and wear their Crownes of gold, where Christ did wear one of thorns. And in conclusion it came so far, that whosoever would give most money for it, or best could flatter the Prince( which he knew all good men to abhor) had the pre-eminence, and got the best Bishoricke. And then in stead of Gods word, they published their own Commandements, and made laws to have all under them, and made men believe, they could not err what ever they did or said. And even as in the rooms and stead of Moses, Aaron, Iosue, Caleb, and other such faithful folk, came herod, Annas, Caiphas, Pilate, and Iudas, which put Christ to death. So now instead of Christ, Peter, Paul, james and John, and the faithful followers of Christ, we have the Pope, Cardinals, Archbishops, Bishops, and proud Prelates, wit● their proctors, the Malicious Ministers of thei● master the devil, whose end shall be according to their works. But perchance the Bishops( who much abuse you royal ears with misreports) will inform your Majesty that all these forecited Writers and martyred Bishops, we● Puritans and seditious persons: Be it so,( though a gross untruth, unless all be Puritans and seditious persons, who oppose their ambitions, aspiring secular pomp and Lordship:) yet let them hear on the contrary some few of their own stamp and creatures, whom they cannot tax of any such crimes as these. joannis de Aton. Constit. Othoboni. f. 69.70. Othobon the Popes Legate, with a whole general council of all the Prelates and clergy both of England and Ireland under him, held at London, An. 1268. published this decree: In as much as it is reputed a special decency of ecclesiastical honesty, to be far estranged from carnal actions; wee decree it a very heinous and filthy thing, that hands deputed on heavenly ministries, should be entangled with secular affairs: Or that certain Clerkes, seeking after earthly gains and temporal jurisdiction, through a foul and greedy rapine, do receive from Laymen secular jurisdiction, and be called Iustices and do minister Iustice, which they cannot minister without a dissipation and injury of ecclesiastical order. Therefore wee, desirous to extirpate this horrible 'vice, straightly forbid all persons of Churches and Vicars with perpetuities, yea also all other maner of persons whatsoever placed in the ministry, that they presume not to take any secular jurisdiction, of any secular person, or to exercise the same, according to the precepts of holy Canons: By this present Constitution wee straightly inhibit, that none placed in spiritual warfare, presume to exercise in the secular Court, the office of an Advocate, either in the cause of blood, or in any cause whatsoever, save onely in such causes as are permitted unto him by Law. And wee likewise forbid that any Clergy man, be either a judge, or an assessor. Divers such Constitutions are in Distinctio. 21 quaest. 3. Gratian, De immunitate Eccles. Lyndewoode, the councils at large Decretalium. pars 5. 6. 7. passim. ivo Carnotensis, and Summa Angelica Tit. Clericus: Et joannis Lo●ngheconcius: De vita& honestate Ecclesiasticorum. lib. other Canonists, inhibiting Bishops and Clergy men to intermeddle with any secular offices or affairs, which for brevity sake I pretermit. Epist. 147 Petrus Blesensis, Archdeacon of Bath, flourishing about the year of our Lord, 1160. Writes thus to the Bishop of Bangor, concerning the Wealth and State of Bishops: The Title of poverty is glorious with Christ; and that which hath becomed the son of God, ought not to misbeseeme you. The Prince of the Apostles and Prelates saith: Acts. 3 6. Gold and Silver have I none. Yea that Possidoneus in Vita. Great famous Augustine( Bishop of Hippo) therefore made no will, because the poor servant of Christ had nothing at all, whereof to make any bequest. It is your duty to live of the Gospel as the Lord hath appointed, not to go pompously in the ornament of clothes, in the pride of horses, in the multitude of attendants. It becomes you as a professor of priestly and episcopal holiness, to cut of all footsteps of your ancient conversation( Thus did Godwins Catalogue of Bishops. p. 628. Aidan the first Bishop of Durham, who for 17. yeares space together traveled up and down the Country even on foot to preach the Gospel, giving whatsoever he could get unto the poor: Whose footsteps our Prelates now disdain to follow, no not on horseback:) And in his Bibl. Patrum Tom. 12. pars. p. 942. 943 Treatise of the institution of a Bishop, dedicated to John Bishop of Worcester, he writes against the lordliness, Courtship, and secular employments of Bishops, especially those, which concern the exchequer: certain Bishops abusively call the liberality and alms of ancient Kings bestowed on them, Baronies, and Royalties, and themselves Barons, it being an occasion, of most shameful servitude. I am afraid, least the Lord complain of them and say: Osea. 8.4. They have reigned, but not by me, they have made themselves Princes, but I know it not. Thou must know that thou hast taken upon thee the office of a shepherd, not of a Baron. certainly Gen. 46.34. joseph being in egypt, instructed his Father and Brethren to say to Pharaoh, Wee are Schepheards. he would rather have them profess the office of a shepherd, then of a Prince or Baron. Christ saith, John. 10.11. I am the good shepherd: But thou art made by him a shepherd or a steward; a stewardship is committed to thee, and know that thou must give an account of thy stewardship. The husbandry of God is committed to thee, thou hast need a weeding hook as an husbandman, of a staff as a shepherd, of a weeding hook, that as the son of a Prophet, thou jer. 1.10. m●ist pull up and destroy, build up and plant. Use thy staff by driving the wolves from the Sheepfold, by sustaining the weak sheep, by raising up those that are fallen, by reducing those that have strayed. But among the fruits of thy episcopal office, let eternal things be ever preferred before temporal. Let another giude and dispatch thy temporal cares and affairs for thee, but do thou diligently attend the salvation of souls. The mind consecrated to the discharge of divine service, ought to be free from worldly employments. Thou art addicted to great things, be not taken up with the smallest. These things what ever they are, which tend to the gain of the world, and pertain not to the gaining of souls, are small and vile. If you shall have secular business, 1. Cor. 6.4 saith the Apostle, appoint those who are most contemptible among you to be Iudges: Thou therefore, O good Prelate, set all things after the Salvation of souls; For, souls are as far more worthy then bodies, and al● things else that human ambition caused, as heave● itself excels earth in dignity. Yet at this day wit● many episcopal authority consists onely in this, tha● their plowlands be fatted with chalk and dung, tha● their fishponds be multiplied, that their parks an● the bounds of their possessions be enlarged. In building palaces, mills, and Ovens. All the care of Prelates is increasing their rents. What is it the voice o● our Saviour to the Prince of the Apostles and Prelates, if thou lovest me, till thy lands, build hig● houses? wee red that he said to Peter, John. 21.17. If the lovest me, feed my sheep. Thou art the heir and Vic● of Peter; feed my sheep by preaching, do the work of an evangelist and shepherd: thou must not b● ashamed of the gospel, if thou beleivest, thou oughtest not to be ashamed of thy pastoral office. Be instant therefore in season, out of season, fulfil th● Ministry; Thy Ministry hath more of burden, the● of honor. If thou affectest the honor, thou art a● hireling; if thou imbracest the burden, the Lord i●able to increase his grace, that thou must recei● gains out of gains, and profits out of profits. ● thou shalt drown thyself in the† Labyrinthes of Court affairs, especially of the exchequer, A good note for Bishops, that meddle with Court and exchequer affairs. thou shalt suffer great losses of spiritual exercise. Matth. 6.24. No man can serve two Maisters, God and Mammon. Let it not slip out of thy mind, how in the tonsure of thy head, when as thou wast elected into the Lords portion, how thou hast renounced, the ignominy of Lay-imployments. But in the day of thy consecration, thou hast made solemn vows to renounce all secular things and employments,( as See the book of ordination and Consecration of Bishops. our Bishops and Ministers, yet do in the presence of God, and the whole Congregation) which have bound up thy lips, thou art obliged with the words of thy own mouth, when upon the interrogation of him, that consecrated thee, thou hast published without any exception, that from henceforth thou wouldest ●xchange& sequester thyself from all worldly businesses, and dishonest gains, and wouldest always bend thy whole study, and care upon divine affairs. What hast thou to do with the renounces of the exchequer, that shouldst neglect the care of souls, but for one short hour? Note this. What hath Christ elected thee to the receipt of custom? Matthew being once taken from thence never returned thither again. Be not therefore in the rout of those, who prefer worldly employments before spiritual, swallowing a camel, and straining at a gnat. Ruffinus. Hist. l. 10, c 2. Wee red that in the dayes of Constantine there were certain Bishops, flattering the Prince, who gave greater reverence and heed to royal Edicts, then to evangelical precepts. And there are some Bishops now a dayes, to whom the dispensation of Gods word is committed, who are silent from good things, dumb doggs, neither able, nor yet willing to bark: they are turned into an evil bow, giving themselves up as weapons of iniquity unto sin. This exasperated Gods wrath, and accumulates the danger of eternal damnation as an●ny, that certain of the chief priests and Elders o● the people, although they pronounce not judgements of blood, yet they handle the same things by disputing and debating of them, and think themselves therefore free from blaime, that decreeing judgement of death, or Let those Prelates, who have had their voices in such sentences, consider this. truncation of members( whic● yet some of them of late have judicially given sentence of they absent themselves onely from the pronunciation and execution of the poenall sentence. Bu● what is more pernicious then this dissimulation? Is i● lawful to discuss and determine that, which it is no● lawful to pronounce? Verily Saul did many way handle and plot the death of David,& that he might palliate his malice under the shadow of innocency, he said, 1. Kings. 18.17. Let not my hand be upon him, but the han● of the philistines be upon him. Verily as much as thi● dissimulation did excuse him with men, so much di● it the more damnable accuse him with God. We have an express form of similitude, in that Consistor● wherein Christ was condemned to death: the Scribe and pharisees said, John. 18.31. It is not lawful for us, to put a● man to death; And yet when they cried, saying, crucify him, they pronounced a sentence of deat● against him with bloody malignity. Whom the● slay with the sword of the tongue, they protested ● was not lawful for them to slay, and their iniquity was in this very thing so much the more detestable, because that they might escape the judgement of men, they covered it with a simulation of innocency. Thou art set over the souls of men, not their bodies; the Prelate hath nothing that is common with Pilate. Thou art Christs Steward and the Vicar of Peter: neither oughtest thou to give an account of the jurisdiction committed to thee to Caesar, but to Christ. Yet some Bishops by usurped offices and administrations of the world, make themselves obnoxious to the bend of the Court, and as if they had renounced the privilege of their dignity, expect the sentence of an harder event, &c. Thus and far more this ancient Writer against the Wealth, pomp, Pride, Lordship, lordliness, judicature and secular employments of Bishops, even in his blind age. The book of Ordination of Ministers and consecration of Bishops, compiled and approved by the Bishops themselves, ratified by 3. E. 6. c. 12. 8. Eliz. c. 1. two several Acts of Parliament, ( lately printed by the Archbishops special command, with the book of Common Prayer,) and Canon. 36. subscribed unto by all our Ministers, is most notable, to this purpose. For it prescribes all Bishops, when they ordain Ministers to use this exhortation to them. Have always printed in your remembrance, how great a Treasure is committed to your charge, for they be the sheep of Christ, which he bought with his death, and for whom he shed his blood. The Church and Congregation whom you must serve, is his spouse and body. And if it shall change the same Church, or any member thereof, to take any hurt or hindrance by reason of your negligence, ye know the greatness of the fault, and also of the horrible punishment which will ensue. Wherefore consider with yourselves the end of your Ministry towards the children of God, towards the spouse and body of Christ; and See THAT you By what Law of the land then can Bishops silence or suspend Ministers, or put down Lectures, or afternoon Sermons at their pleasure, whom this book confirmed by Parliament enjoins them never to cease their labour, care, and diligence? &c. NEVER CEASE your LABOVR, your CARE, AND DILIGENCE, until you have done all that lieth in you, according to your bound duty, to bring ALL such AS ARE OR SHALL BE COMMITTED TO your CHARGE, unto that ripeness or perfectness of age in Christ, that there be no place left among them, either for error in religion, or for vitiousnes of life. ( And what Prelate or Minister hath done this?) And for this selfsame cause, ye see how ye ought to forsake and set a side( as much as you may) See an excellent passage in Martin Bucer, De Ordinatione Legitima Ministrorum, &c. in his Scripta Anglicana, p. 253.& De Regno Christi. l. 2 c 12. ALL WORLDLY CARES AND STVDIES. Wee have good hope, that you have well weighed and pondered these things with yourselves long before this time, and that you have clearly determined by Gods grace to give yourselves WHOLLY to this vocation, whereunto it hath pleased God to call you, so that( as much as lieth in you) you apply yourselves WHOLLY to this one thing, and draw I would those Prelates and Ministers would consider this who draw all their care and studies the quiter contrary way. ALL your CARE and STVDY this way and to this end. And that you will CONTINVALLY pray for the heavenly assistance of the Holy Ghost, that by daily reading and weighing of the Scriptures, you may so wax riper and stronger in your ministry. And that this your promise shall more move you to do your duties, ye shall answer plainly to these things, which we in the name of the Congregation shall demand of you touching the same. The Bishop. Will you give your faithful diligence always to minister the doctrine and 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, so that you may teach the people, committed to your cure and charge, with all diligence to keep and observe the same? answer. I will so do by the help of the Lord. The Bishop. Will you be diligent in prayers and in reading of the holy Scriptures, and in such studies as help to the knowledge of the same, laying aside the How well do our State-Prelates, Bps,& Ministers think you perform this serious promise, or think upon it? study of the world and the flesh? answer. I will endeavour myself so to do, the Lord being my helper. The like exhortation is given to, and the like promise made by all Archbishops, and Bishops, when they are consecrated, before all the congregation present. Are not such Prelates therefore doublely perjured both to God, and man, who break these solemn public protestations, by neglecting their spiritual functions and preaching, by silencing, suspending the most powerful frequent preachers, by putting down Lectures and Lecturers, and by giving themselves principally, if not Prophet Esay had foretold, to preach the gospel, would do nothing without warrant. And therefore being asked if he were a King, answered simply, and by a plain negative, My kingdom is not of this world. If his kingdom was not here, neither the ordering of Policies; yea when they would have taken him up to have made him a King, as one that Few of our Prelates would now refuse such a proffer. refused that belonged not to him, he conveyed himself from among them. If imperial jurisdiction belonged to him, why refused he his calling? If it did not, where had Paul, Peter, or any other, any authority to meddle with that which he refused? Seeing, he saith; As my Father sent me, so sand I you. In another place, Christ knowing the bounds of his calling, would not meddle with extern policy. Hence Bishops me thinks by his example, should not give themselves too much the bridle, and too large a scope, See Bucer, De Regno Christi: l. 2. c. 12. to meddle too far with matters of policy. If these two offices, I mean ecclesiastical and civill be so jumbled in both functions, there can be no quiet or well ordered Common-wealth. Christ saith to his Disciples: Princes of the Nations do bear rule like Lords, it shall not be so with you. It falleth not into an Apostles or Churchmans office, to meddle with such matters. For none going to war, entangleth himself with the affairs of this life; it is enough for them to attend upon one office; to attend as sole priests, not as errand bailiffs. ( And elsewhere in that book he proceeds thus:) Come off ye Bishops away with your superfluities; yield up your thousands, be content with hundreds, as they be in other reformed Churches, where there be as great learned men as you are. LET your PORTION BE PREISTLIKE, NOT PRINCELIKE. Let the queen have the rest of your temporalties, to maintain warres, and to build schools throughout the realm, that every parish Church may have its preacher, every City her superintendant to live not pompously: which will never be, unless your be disposed and bestowed upon many, which now feed and fat but one. Remember that Abimelech, when David in his banishment would have dined with him kept such hospitality, that he had no bread to give him, but the showbread. Where was all his superfluity to keep your pretended hospitality? for that is the cause that you allege, you must have thousand thousands; as though you were commanded to keep hospitality, rather with a thousand then with a hundred: Remember the Apostles were so poor, that when the lame Acts. 3.1. to 7. man, who lay at the Temple-gate called beautiful, asked an alms of Peter and John, as they went about to go into the Temple; Peter answered him in this maner: Silver and gold have I none. And Paul was so far from having Lordships, that his own hands ministered oft times to his necessities. If the Apostles of our Saviour had so small possessions and revenues, why should our Prelates, who boast themselves to be their proper successors, enjoy or covet so great? When as Paul enjoins them, if they have but food and raiment therewith to be content, godliness alone with contentment being great gain, and a sufficient portion. This proves the saying of Doctor barns most true, in his Supplication to King Henry the 8. against the Bishops, p. 211. They say they be the Successors of Christ and his Apostles; but I can see them follow none but Iudas; for they bear the purse, and have all the money. And if not they had not so great possessions, I am sure an hundred would speak against them, where now dare not one, for loss of promotion. Iudas sold our Master but once, and ye sell him as often as he cometh in your hands. In the Acts and Monuments of our Martyrs, f. 1796. I find this Dialogue between Sir John Baker, Collins his chaplain, and edmond Allin a Martyr. Baker. I heard say, that you spake against priests and Bishops. Allin. I spake for them, for now they have so much living, and especially Bishops, Archdeacons, and deans, that they neither can nor will teach Gods word. If they had a hundred pounds a piece, then would they apply their study, now they cannot for other affairs. Collins. Who will then set his children to school? Allin. Where there is now one set to school for that end, there would be 40. because that one Bishops living divided into 30. or 40. parts, would find so many as well learned men as the Bishops be now, who have all this living, neither had Peter nor Paul any such revenue. Baker. Let us dispatch him, he will mar all. Collins. If every man had a hundred pounds, as he saith, it would make more learned men. Baker. But our Bishops would be angry, if that they knew it. Allin. It were for a Common-wealth to have such bishoprics divided, for the further increase of learning. Nicholas Bullingham, Bishop of lincoln, in his printed Letter to Master Bull, December 5. 1564. writes thus from Embden, where he arrived after many storms: Would God Master Bull, that all the Prelates of England had been with me, when we fell to cutting of Cables, riding at anchor in the raging Seas. There would have been tearing of square Caps, renting of Rochets, defying of bishoprics, despising of pomp, promising of new life; crying for mercy: O what a Tragedy would there have been? Well, well, though now they walk dry shoode in their palaces, there is a God that will try them and all his people by fire or by water, unless we hearty repent. Grace to repent, grant us, O Lord, without delay. Amen, Amen. Doctor Bridges, dean of Sarum, afterwards Bishop of Oxford, a great Champion for the Prelates; writing against the Papists in defence of the Princes Supremacy, hath these words: Of the Princes Supremacy, p. 926. Christ hath put such a bar between Bishops and Princes, that his spiritual Bishops cannot have earthly kingdoms. And whereas the Papists held; that the Pope was not properly but improperly a Lord; he replieth: Christ simply debarreth all his spiritual Ministers from ruling of temporal kingdoms. Christ hath both properly and unproperly debarred them. Vos autem non sic. You shall not do so. These words strike dead Master Saunders; yea our Lordly Prelates too. Doctor Bilson Of the true difference between Christi●n Subjection, and Antichristian Rebellion, p. 126. 127 Warden, and shortly after Bishop of Winchester writes thus: Christ expressly forbiddeth his Apostles to be rulers of Nations. The Kings of the Nations rule over the people, &c. but with you, it shall not be so. In which words Christ doth not traduce the power of Princes as unjust, but distinguished the calling of the Apostles from the maner of regiment, which God hath allowed the Magistrate. Christ saith, not Princes are tyrants, you shall deal more courteously: but he saith: Princes be rulers by Gods ordinance; you shall not be so: that is, you shall neither bear rule, nor exercise authority over your brethren. After which he proves that the greek word {αβγδ} is not meant of any unjust or tyrannicall rule; but Christ in this text doth thereby distinguish the calling of his Apostles from the maner of lawful regiment, which God hath allowed the Magistrate. And therefore( saith he) the conclusion is inevitable, that Princes may lawfully compel and punish their Subjects, but Bishops may not. The distinction between them is evident by their several Commissions, which God hath signed. The Rom. 13. Prince, not the priest beareth the sword: Ergo, the Prince not the priest is Gods Minister to avenge Malefactors. Peter Matth. 26 himself was sharply rebuked by Christ for using the sword: and in Peter all Pastors and Bishops are straitly charged, not to meddle with it. All that take the sword, shall perish with the sword. And of all men 1. Tim. 3. Tit. 1. a Bishop must be no striker. For if he, that should feed his Maisters household, Math. 24. fall to striking, he shall have his portion with hypocrites. The servants of God must be gentle towards all, instructing( not As to many Prelates do now, who are the greatest strikers, finers, imprisoners, and oppressors of all others. imprisoning) those that resist with mildness, not compelling any with sharpness. Their function is limited to the preaching of the word, and dispensing of the Sacraments, which have no kind of compulsion in them, but invite men 2. Tim. 3. and 4. onely by sober persuasions to believe and embrace the promises of God. To conclude, Pastors may teach, exhort, and reprove, not force, command, or revenge: onely Princes, be Governours, that is, public Magistrates, to prescribe their laws, and punish by their sword, such as resist them within their dominions, which Bishops may not do. Thus Bishop Bilson. And poor mans Library, Tom 2. f 15. 16. Bishop Alley, with Master dean reproof of Dorman, p. 17. 48. 57. novel before him, use the selfsame words in substance, interpreting that text of Math. 20. and Luke. 22. as he hath done. To conclude these testimonies. The third part of the Homily of the peril of Idolatry, ratified by the 35. Article of our Church, Subscribed unto by all our Prelates and Ministers, and reprinted by your Majesties and your royal Fathers special command; recites f. 59. That Bishops in the primitive Church, did most diligently and sincerely teach,& preach: For they were then preaching Bishops, and more often seen in Pulpits then in Princes palaces; more often occupied in his Legacy, who said: go ye unto the whole world, and preach the gospel to all men, then in Embassages and affairs OF PRINCES OF THIS WORLD. Yea all the Archbishops, Bishops, Archdeacons, and Clergy of England, in their Institution of a Christian man, dedicated by them to King Henry the 8. subscribed with all their names, and printed cum Privilegio, An. 1537. resolve thus: Chapter of Orders. Fox Acts& Monuments Edit. 1610. p. 971. Wee think it convenient, that all Bishops and Pastors shall instruct and teach the people, committed unto their spiritual charge; that Christ did by express words prohibit, that none of his Apostles, nor any of their Successors, should under the pretence of authority, given unto them by Christ, take upon them the authority of the sword, that is to say, the authority of Kings, or of any civill power in this world, yea or any authority to make laws, or ordinances in causes, apertaining unto civill powers. If any Bishop, of what estate or dignity soever he be, be he Bishop of Rome, or of any other City, Province, or diocese, do presume to take upon him authority or jurisdiction, in causes or matters, which appertain unto Kings, and the civill powers and their Courts, and will maintain or think, that he may so do by the authority of Christ and his gospel, although the Kings and Princes would not permit and suffer him so to do. No doubt that Bishop is not worthy to be called a Bishop, but rather a tyrant, and a usurper of other mens rights, contrary to the laws of God, and is worthy to be reputed none otherwise, then he that goeth about to subvert the kingdom of Christ. For the kingdom of Christ in his Church is spiritual, and not a carnal kingdom of the world: that is to say, the very kingdom that Christ by himself, or by his Apostles and Disciples sought here in this world, was to bring all nations from the carnal kingdom of the Prince of darkness unto the light of his spiritual kingdom, and so himself reign in the hearts of the people by grace, faith, hope, and charity. And therefore sith Christ did never seek nor exercise any worldly kingdom, or dominion in this world, but rather refusing and fleeing the same, did leave the said worldly governance of kingdoms, realms and Nations, to be governed by Princes and Potentates( in like maner as he did find them) and commanded also his Apostles and Disciples to do the semblance; whatsoever priest or Bishop will arrogate, or presume upon him any such authority, and will pretend the authority of the gospel for his defence therein, he doth nothing else;( but in a maner as you would say) crowneth Christ again with a crown of thorns, and traduceth and bringeth him forth again with his mantle of purple upon his back, to be mocked and scorned of the world, as the Iewes did to their own damnation. Thus all our Prelates and Clergy( and after them King Henry the 8. in his necessary Erudition for any Christian man, authorised and approved by the statute of 32. H. 8. c. 26. the Lords spiritual and temporal i● the Netherhowse of Parliament, An. 1545. where the same words are verbatim repeated) resolve, contrary to the Doctrine and Suggestions of their present Successors. As the Doctrine, so the practise likewise of our most ambitious domineering Prelates, condemns the suggestions of our secular Bishops: It is recorded of Matthew Paris. Hist. mayor. p. 94 Antiquitates Eccles Brit. p. 122. Godwins Catalogue of Bishops. p. 88. Thomas Becket, that great traiter and turbulent Archbishop of Canterbury, who set the whole kingdom in a long combustion had yet so much conscience, and divinity in him, that being installed Archbishop of Canterbury,( being but a mere Deacon before,) he voluntarily resigned and gave over his Lord Chauncellourship of England, sending the great seal to the King, who was then in Normandy, together with a Letter wherein he certified him, That he could not serve the Church& the Court both at once:& therefore he resigned this his temporal office, as incompatible with his spiritual. Wee red Hoveden Annalium, pars posterior p. 767. 768 779. Antiq. Eccles. Brit. p. 138. 139 140. 142. 143. Speeds History, p. 550. that when Hubert, Archbishop of Canterbury, was made Lord chancellor, chief Iustice of England, and high governor of all the Kings Dominions immediately under him, that he was much blamed, and that not unworthily, and no less envied for taking these offices upon him: in so much that a Noble man said unto him in scorn, at what time he was made chancellor, I have heard of many Chauncellours made Bishops, but of an Archbishop, that would vouchsafe to stoop to the Chauncellorship, till now I never heard of any,( for most Bishops that were Treasurers and Chauncellors, were first such Lay-officers, and Lay-men to, and then made Bishops for a reward of their service or better maintenance; not first Bishops, and then made Treasorers, Chauncellers, and such like temporal officers.) Whereupon within two yeares after his advauncement to these high places, the better to excuse his ambition, he made a dissembling and counterfeit show of being desirous to have his temporal offices, in so much as he dealt effectually with the King by letters, to give them leave to resign them, Yet our great Prelates think not so. saying, That the charge of his Church was work enough for one man, whereunto onely he would gladly dedicate himself. This he did assuring himself in his own conceit, that the King knowing no man about him so likely, to manage those affairs as himself, and not being able to want him, would entreat him to retain them still: But the King thinking his motion reasonable, and not willing longer to deny it, the Archbishop thus taken tardy in his own snare, as though his mind and determination were suddenly altered, signified unto the King in letters, that notwithstanding his great desire of betaking himself onely to spiritual matters, and the manifold infirmities of his age, he would be content to afford his labour and diligence in his other offices yet a while longer, if therein he might do his Majesty any profitable service, acquainting him with all, that in these two yeares, since his preferment, he had gathered for his use 1100000. marks which he was ready to pay into his coffers, augmenting( it is like) the sum; and adding thereto out of his his own purse, that so he might in cleanly sort buy again those honourable and gainful offices, which his subtle dissimulation had almost lost him. But the King not long after, upon a petition of the Lords in Parliament, thrust him out of these offices; to which when he was again restored; the Pope upon complaint by the monks of Canterbury of his intermeddling in civill affairs, presently enjoined him without further delay, to resign all his temporal offices; which he( how loathe soever) was fain to do; the Pope assuring him, that he would neither suffer him, nor any other Bishop or Clergy man to intermeddle in temporal affairs, commanding all Prelates of the Church, upon their canonical obedience, not to take upon them any temporal offices, because being entangled in secular businesses, they could not possible sufficiently discharge their spiritual functions; for as the wise man saith: Pluribus intentus minor est ad singular sensus. Hence was it, that Godwins Catalogue of Bishops, p. 152. 602 Thomas arundel, so soon as ever he was made Archbishop of Canterbury, presently thereupon gave over his Chauncellourship of England, as unable to discharge both. And Godwin. Ib. p. 158. John Stafford, who succeeded him in that See, though he held that office long, yet at last waxing weary of so painful a place, he voluntarily resigned his Chauncellorship of England, as incompatible with his spiritual function, and an impediment to his discharge thereof. So Godwin. Ibid. p. 267. John Totham, Bishop of Ely, a wise and virtuous man, but very unlearned, was made chancellor of England, Anno 1317. in which office he continued but two yeares, and then voluntarily gave it over, after which being made Treasurer, he( out of conscience,) resigned that place within a twelve month, and betook himself altogether to the government of his Church, his more honourable and proper function: Yea that ambitious, proud cardinal and Archbishop of york, Thomas Godwin. I●id. p. 621. Woolsie, who wholly merged himself in secular offices and state-affairs, falling into disgrace, put from his places, attainted into a Praemunire, and last of all arrested of high treason, considering his former courses, and Gods just judgement on him for them, broke out into these words, being the last he uttered: If I had served God as diligently as I haue done the King, he would not have given me over in my gray hairs; but this is THE JVST REWARD, that I must receive for the pains and study, I have had to do him service, not regarding my service, to God, so much as the satisfying of his pleasure. A good lesson for all our Court Prelates, now guilty of the selfsame offence; of whom wee may say, as Antiquit. Eccles. Brit. p. 138. William parvus once did of Hugh, Bishop of Duresme; Istis mundus non crucifixus, said infixus fuit; and not as Paul writes of himself. Gal. 6.14. The world is crucified unto me, and I unto the world; many of them being now too like Godwins Catalogue, p. 637. 638 Malmesbury De Gestis Pontificum Angliae. l. 3. p. 277. Walter the 28. Bishop of Durham, who attending more worldly affairs, then the charge of his flock, gave himself altogether to temporal business, wherein he wholly occupied himself, becoming a temporal judge, determining all causes at his pleasure, oppressing the people, and taking still the course, that might be most for his own gain; which made him so odious among the common people, that at last they murdered both himself and his chief agents, Lufwyn and Gilbert, even in the very Church itself, fo● which they fled for sanctuary. If then those ambitious Prelates in the very night of Popish darkness, have thus either voluntarily or coactively relinquished these their secular employments, as incompatible with their spiritual, should not ours now much more do it in this clear sunshine of the gospel? yes verily. I have thus long detained your Majesty with these domestic authorities, and examples( to which† infinite others might be added) that so you might discern, Fox Acts& Monuments passim. Henry Stalbridge his exhortatory Epistle. An Epistle to queen Elizabeth. Nicholaus de Clemangis: De Corrupto Ecclesiae Statu Illyricus. Catalogus. Testium Veritatis. Thomas Beacon his Supplilcation, and his reports of certain men. Martyn Bucer de Regno Christi. l. 2. c. 12. dedicated to King Edward the 6. Haddon Contra Osorium. l 3 f. 243. to 253. 292. 293. 294. Doctor barns his Supplication to King Henry the 8. p. 210. 211. 212. John Frith his answer to Master Mares Preface, pa. 116. Master Whethenhall his Discourse of the Corruptions now in question. The Supplication to King Henry the 8. An. 1544. what difference there is between the judgements and opinions, and practise of our present overswayng secular Prelates, and these their more moderate Predecessors( whom they cannot charge with puritanism Novelty or faction, as they do all such who now concur in judgement with them) and how dangerous unlawful, and pernicious it is both in regard of Church& state; for Archbishops, Bishops or other Clergy men to exercise temporal dominion, or manage temporal offices and state-affairs; which authors, Bishops, Martyrs, where they now alive, and should writ or speak thus much, they would find such little Laud and applause among our pontifical Prelates, as it would be a greater question, to which Dungeon they should be forth with committed close Prisoners, then whether they should escape unpunished, unpersecuted by them. As those writers, so the Godly Emperors heretofore were so far from employing Bishops and Clergy men in temporal state-affairs, that justinian Codicis, lib. 1. De Episcopis& Clericis, 17. 36. 40. Honorius and Theodosius the Emperors enacted this Law: It is our gracious pleasure, that Clergy men shall have no communion with public functions or things pertaining to the Court, unto whose body they are not incorporated: And justinian the Emperor decreed; That Bps should not be suffered to take upon them the oversight of any orphan, or to be a receiver, or gatherer of charges belonging to the treasure, or to take upon them public or other mens possessions, that so their ministry might not be hindered; yea he promulged this ensuing Law: Wee repeating our proclamation think it good, not onely that the Iudges of every tribunal, but that the governours of the Churches of this excellent City, among whom this MOST FILTHY kind Probate of wills, anciently belonged not to ecclesiastical Courts. OF proving wills OF DEAD MEN hath crept in, be forewarned that they meddle not with a thing, which by the disposition of our laws, appertain not in any wise to any other, then onely to the master of our revenues. For it is absurd, yea rather an ignominy for clergy men, to show themselves cunning in common pleadings. And the transgressors of this ordinance wee deem, shall be punished with the loss of 50. pound of gold: yet( saith the gloss,) because a little gain was given for probate of wills, covetous clergy men have usurped them. The reason of the laws is thus elsewhere expressed: Codex, De Testa. l. De Consulta dinalia. Codex De Dona. L. in hac. Et L. Se. It is a great absurdity, that offices should be mingled together without order or consideration, and that one man should cacth a thing committed to the credit of another. Wee think that the deceit of these men ought to be met with, who under pretence of being deans or Collegiate men, when they perform no such duty; endeavour by reason of other charges, to withdraw themselves, that none under colour of some one office, which he doth not execute, might be eased of the weight and burden of an office, which by duty he should execute. But to return home again. The very Register pars 1. fol. 187. b. See f. 175. 179. b. 184. b. Common Law of England hath provided a special writ, inhibiting clergy men to be elected to any temporal office or employment, and discharging them thereof in case, they are elected; quia non est consonum, &c. because it is not meet, that he, who hath the If these reason hold good in those who have but one Cure, much more in Bishops who have so many flocks to attend and supervise. Cure of souls, and is to give perpetual attendance on his cure, and other pious spiritual services, ad insistendum alibi in secularibus negotiis compellatur; should be compelled to employ himself in secular affairs elsewhere; CONTRA LEGEM ET CONSVETVDINEM REGNI NOSTRI, contrary to the Law, and custom of our realm. A clear resolution, That Cleargy-mens intermeddling with secular offices and affairs, is contrary to the very Common Law, and custom of the realm, and a very unseemly thing. Antiquitates Ecclesiae Brit. p. 139 140. 141. matthew Parker, Archbishop of Canterbury, in the life of Hubert his predecessor, records; that about the year of our Lord, 1197. there was nothing sound and sincere in the Christian republic: that the whole clergy under a feigned and counterfeit show of religion, did wallow without punishment in wickednesses, in bribes, in honors and rapines, neglecting utterly the preaching of Gods word. The original ( saith he) of this evil sprung from this, that the clergy did too much intermeddle with worldly affairs, contrary to the Decrees of the orthodox Fathers. For at that time the dean of Paules was made Lord Treasurer; who carrying that office, quickly hourded up a great treasure; at last falling into a deadly disease past recovery, he was exhorted by the Bishops and great men to receive the Sacrament of Christs body and blood, which he trembling at refused to do; whereupon the King admonished and commanded him to do it, he promised him thereupon to do it the next day: being admonished to make his will, he commanded all to void the rome but one scribe. A strange e●ill& death of clergy Lord Treasurer, who like Iudas, Christs Treasurer& Baggebearer, died in despair. Who beginning to writ his will in the accustomend forms, in the name of the Father, of the son, &c. the dean perceiving it, commanded him in a rage to blot it out, and these words onely to be written: Lego omnia bona mea Domino Regi, corpus sepu●turae, Animam Diabolo. Quo dicto expiravit, &c. I bequeath all my goods to my Lord the King, my body to the grave, and my soul to the devil; which being uttered, he gave up the Ghost. Note. The King hereupon commanded his carcase to be carried into a Cart, and drowned in the river. This sort of examples ( writes he) are therefore to be produced, that clergy men may be deterred from being Lord Treasurers, Collectors of the Kings customs, and from civill and public employments. In Huberts time all secular offices almost were in Cleargy-mens hands; for some of them were Chaunsellours, some Iustices, some Treasurers of the kingdom; others had other offices in all the Kings Courts, and pluralities of many great livings besides: which wealth, honours, offices, and dignities, as it made them like to Kings in state and magnificence; so it puffed them up with such pride and arrogance, that in the 36. year of King Henry the third, they were removed from all civill offices and honours, at the instant request and desire of the greatest Noblemen, to whom the same offices were committed. Hence some of all orders in our present times, have most sharply See Nicholaus de Clemangiis, De Corrupto Ecclesiae statu: c. 17. 18. 19. an excellent Discourse against Bps, intermeddling in temporal affairs, and bearing civill offices. Henry Stallbridge his exhortatory Epistle, against the pompishs Popish Bishops of England, as yet the true members of their Father the great Antichrist of Rome, written in King Henry the 8. his reign, and the Supplication to King Henry the 8. An. 1544. reprehended the clergy for this very thing, that being advanced to the degree of divinity, then which nothing in human life ought to be deemed more holy, they should be hindered there from with secular businesses, as with servile works, and being withdrawn from divine things, should give themselves to pecuniary and exchequer affairs which are most estranged from the dignity of their life, by which some( as appears by the example of that Dean of Paules) have made shipwreck both of Conscience and soul to. Wilhelmus Nubrigensis speaking of Hugh, Bishop of Duresme, for intermeddling with the procuration of temporal affairs, hath these words: That office( to wit, of Lord chancellor or chief justice) was committed by the King to the Bishop of Duresme, who did not so much as refuse, but cheerfully embrace it; who verily contenting himself with his proper office, had much more decently been a Minister of Gods Law, then of mans; since no man can serve both, as he ought. And that saying of our Lord to the Apostles, ye can not serve God and Mammon, did principally respect the Apostles Successors. For if a Bishop that he may please both the heavenly and earthly King, at once will divide himself to both offices: Verily the heavenly King, who wills that men should serve him with all the heart, with all the foul, and with all the strength, doth neither approve, nor love, nor accept his divine ministry. What then will he do, if a Bishop doth not give peradventure not so much as half of himself to execute the things which are of God, and become a Bishop; but committs his cures to unworthy and remiss executioners, that he may wholly serve an earthly Court or Palace? For no half man can sufficiently administer the offices of an earthly Prince. By which sentences and examples wee verily are admonished, that assiduous care and study of clergy men, in worldly and civill affairs, which makes them prove slow and unfit to divine things, is by all means to be reproved, and that the complaint of those is very unjust, who tax them for not intermeddling with temporal affairs, and study to call them back from divine things, to which they ought with all their might to apply themselves. Thus this Archbishop Thomas Walsingham Ypodigma Neustriae, An. 1371. p. 132. in the reign of King Edward the 3. An. 1371. at a Parliament holden at London, upon a Petition of the temporal Lords, the Bishops were removed from the temporal offices of chancellor, Treasurer, clerk of the privy seal, and Laymen put into their places: they being commonly the chief plotters and contrivers of all treasons, conspiracies, and rebellions, the very incendiaries, pests, and grievances both of the Church and State, the chiefest instruments to advance the Popes usurped authority, though with the prejudice of the Kings,( which they never cordially affencted) and the Arch-enemies of the commonweal, through their pride, oppression, covetousness, rebellion, and tyranny, when they have been in office, as appears by See Antiquitates Ecclesiae Brit. in their lives. Haddon, C●●●●a Osorium. l. 3 f. 251. Fox Acts& Monuments p. 168. 169 174. 175. 178. 181. to 207. 214 to 219. 227 to 234. 248 249. 303. 320. 321. 350. 409. 410. 479. 533 1035 10●6. 1132. 1897. 1899. and elsewhere. Halls Chronicle, Anno 16. H. 8. f. 138. &c. Dr. Henry Stalbridge his exhortatory Epistle, Dr. barns bis Supplication to King Henry the 8. Master Tyndals Practise of Popish Prelates. Thomas Becon his Supplication. anselm, Becket, arundel, William Bishop of Ely, cardinal Woolsy, Stephen Gardener, with others forecited. How safe therefore it may be for your Majesty, either in point of piety or policy, to entrust them with the managing of temporal State affairs, neglecting preaching, and their own spiritual functions, or to permit them daily, to encroach upon your ecclesiastical Prerogative, as they have dangerously presumed of late in an high de●ree, I humbly submit to your royal wisdom; who as you are best able to right yourself against their usurpations here presented to your Princely view,( which your faithful Subjects dare not now so much as whisper against for fear of ruin, both to themselves and their families, if they once fall into your potent Prelates talents, who are most implacably bent against all such, as are most able and ready to plead Gods cause and your Majesties against their impious, superstitious, disloyal innovations: it being now more safe to be a Iesuite, or traitor to your Majesty, then an enemy to your Bishops disloyal proceedings) so are you every way meetest, both in respect of your sovereign power, and authority to rescue your poor oppressed worried Subjects from these ravenous Acts. 20.29. Wolves, under whose cruelty, injustice, and manifold exactions, they now groan and languish, a short view whereof the second part of this Breviate will represent unto your Highnes. Alas, the condition of your best Subjects now is such, that they know not whether to fly for succour or relief against your Videat aliquis eos qui Pastores gregis& Episcopi populi esse debebant. ubi studium doctrinae apud h●s? ubi legum vel pietatis& religionis verae, vel propriorum quaedam& ipsorum custodia? Aut quid jam inter horum,& tyrannica illa veterum imperia interest? An minus ardent regni cupiditate? An remissius expetunt splendorem divitiarum? aut verecundiùs libidinibus obscaenis indulgent? aut clementiùs dominantur? Alexander Alesius. Ordinat, Ecclesi●e Angliae Proaem. apud Buceri Scripta Anglicana. p. 371. Prelates injustice, tyranny, vexatious, exactions, oppressions, who by their policy and potency have blocked up all ways of succour and redress. If any Subject heretofore had been injured by them, he might have relieved himself by a Prohibition, an Action of the case, or Praemunire at the common Law; But now they have sued out a Prohibition against Prohibitions themselves, that they may play Rex, and do what they list without control: and he, who would right himself by an Action of the case or praemunire, can neither find counsel, who dare pled for him, nor Iudges who dare suffer, much less encourage him to proceed: As for appeals, as they are with much cost and difficulty rarely obtained, so are they commonly a remedy worse then the disease, and but a leap out of the frying pan into the fire, as the proverb is. If any debarred of these legal remedies, appeal immediately to your Majesty for relief, their Supplications are either forestalled, perverted, or suppressed before they can find access to your royal presence by the Bishops and their agents, or else referred back again to themselves,( which is nothing else in truth, but to put the lamb that flies for shelter to the shepherd, from the wolf into the wolfes own mouth that would devour him, and to make the persecutor his own judge and Executioner to:) who being both enemies, the parties complained against and their own Iudges in their own case,( though See Fox Acts and Monuments p. 1024. 1520. unmeet and unreasonable, that they should be so, and contrary to all laws,) are sure to pass sentence against the complainer, and so to proceed against him even for seeking relief, that he shall neither have means, nor ability, nor courage left him to complain the second time, though more oppressed then before. This being the deplored condition of See Doctor barns his Supplication to King Henry the 8. many of your best Subjects, as well Ministers as people, who languish, groan, yea perish under the Prelates tyranny, malice, cruelty, oppressions and extortions, alas poor, Creatures, what shall they do? where shall they complain? whether shall they fly for shelter or relief? To your Iudges: they may not; to your sacred person, they cannot; to whom else, they know not any upon earth: Onely they have one gap open( which the Prelates as much as may be labour to hedge up, though in vain, by inhibiting all private Christian Fasts and assemblies) to fly to God by hearty prayer and humiliation, Ps. 142.2 Ps 62.8. to power out their souls, their griefs, their complaints before him, and show him of their troubles: If it were not for this one postern, their very hearts would break, their spirits die within them, and they perish for ever under these their pressures. I beseech your most excellent Majesty therefore upon the bended knees of my soul( as William Wraghton: Dr. barns, and the Author of the 2. Supplications to King Henry the 8. Mr. William Tyndall; the Supplication to Queen Elizabeth, &c. others heretofore have in the like case besought your royal Progenitors) both to consider and commiserate the distressed condition of your oppressed, persecuted faithful loyal Ministers& people,( with which I persuade myself you have been hitherto unacquainted) who daily power out many fervent prayers to heaven, both for your Majesties happiness safety, and against your Prelates tyranny and injustice, which have long since pierced the clouds and craved justice, james. 5.4.6.10. yea vengeance against them, both from heaven and earth. Your Subjects all know for their comfort, that as you of yourself are a most just and gracious Prince; so you have proclaimed it with your own royal mouth in the highest Court of justice, and registered it on record: His Mjes Speech in Parliament june 7. 1628. printed at the end of the Petition of Right. that your maxim is, that the p●oples Liberty strengtheners the Kings Prerogative, and that the Kings Prerogative is to defend the p●oples Lib●rties. And for their further comfort, in your own royal page.. 21. 22. 23. 42. 43. Declaration to all your loving Subjects, concerning the causes of the last Parliaments dissolution, publi●●ed by your special command, An. 1628. you have since that made this solemn Protestation: Wee call God to record before whom wee stand, that it is, and always hath been our hearts desire, to be found worthy of that title which wee account the most glorious in all our crown, Defender of the faith: neither shall wee ever give way to the authorizing of any thing, whereby any Therefore all the late Innovations in Doctrine, in Discipline which our Prelates and their agents have made, are without and against his Majesties authority. See his Majesties Declaration before the 29. Articles, to the same effect. Innovation may creep into the Church, but preserve that unity of Doctrine and Discipline, established in the time of Queen Elizabeth, whereby the Church of England hath stood and flourished ever since. And wee do here profess to maintain the true Religion and Doctrine established in the Church of England, without admitting or conniving, at any back sliding, either to Popery or schism. Our care is& hereafter, shall be, to preserve the ancient liberties of our Subjects, and to keep them entire and inviolable, as wee would do our own right and sovereignty. Wee do also declare, that wee will maintain the ancient and just Rights and Liberties of our Subjects, with so much constancy and justice, that they shall have cause to knowledge, that under our government and gracious protection, they live in a more happy and free estate, then any Subjects in the Christian world. Wee do prosesse, that as it is our duty, so it shall be our care to command and direct well, but it is the part of Officers to perform the ministerial Office. Wee shall account ourself, and all charitable men will account us innocent both with God and men: and those that are negligent, wee will esteem as culpable both to God and us; and therefore will expect, that hereafter they give us a better account. Which royal Declaration( togegether with that other, before the 39. Articles, prohibiting all innovations in Doctrine and Discipline in the least degree,) as it assures every faithful loyal Subject, that all the late manifold dangerous Innovations in Religion, Ceremonies, and Doctrine, the Mountagus, jack son, Coseus. widows, Shelford, Reve, Chonne, White, Heylyn, hearing Pocklington, with sundry others. late pernicious, absurd, profane Popish, Arminian and licentious books, published by the Bishops authority, in affront of your Majesties Declarations, with the several encroachments on your Subjects Liberties, and just ancient Rights, here represented to your Majesty, are directly contrary to your royal pleasure, and the sole exorbitances of your insolent, tyrannicall, violent domineering Prelates and their officials; so it gives me more then hope, that your Highnes( who are Register. pars. 2. f. 7. a. 10. a.b. 15 a. 38 b. 127 b. 180. a. 222. 125. 126. Singulis de Regno vestro in exhibitione justitiae debtor, and are wont in your Writes to your Officers and Judges, to enjoin them, to do plenam& celerem justitiam, to all your Subjects which complain of any injustice, pressures, or delays:) upon the perusal of this Breviate will call them to a speedy strict account for the same, as culpable both to God and your Majesty; and inflict such condign punishments on them, as their desperate presumptuous enchroachments upon your own crown and dignity, upon your Peoples Liberties and ancient Rights, and contempts against these your Declarations demerit, notwithstanding all your former favours toward them. It was a memorable speech of King Edward the third, in his Proclamation against that insolent Prelate John Stratford, Archbishop of Canterbury,( whom he most favoured and trusted) upon some complaints against him: Antiquitates Ecclesiae Brit. p. 255. Fox Acts& Monuments p. 350. Cum ipse& alij Prelati regni qui de nobis Ecclesiarum suarum temporalia recipiunt, ex debito fidelitatis juratae fidem, honorem& reverentiam debeant exhibere; solus ipse, pro fide, perfidiam, pro honore contumeliam, & contemptum: pro reverentia reddere non veretur. undè etsi paratissimus& semper fuerimus Patres spirituales, ut convenit, revereri; eorum tamen offensas, quas in nostri,& regni nostri periculum redundare conspicimus; NON DEBEMUS CONNIVENTIBUS OCULIS PRAETERIRE. I doubt not, but as your Majesty may justly take up the same complaint, or a far worse against some or most of your Prelates now; so you will arm yourself with the like just and royal resolution; that you ought not to pass by with conniving eyes, these their offences, here humbly presented to your view, which you see every day more and more to redound, both to the eclipse and danger of your own ecclesiastical jurisdiction, and of your kingdom too; if not of that true ancient faith and Doctrine of the Church of England, of which you are the chief Defendor. Plutarch. Apothegm. Philippus. It is storied of King Philip of Macedon, That a certain poor oppressed old woman oft times petitioning him to hear her cause, the King at last gave her this answer, That he was not at leisure to do it. whereunto shee presently replied; Noli itaque regnare; do not therefore reign. Which speech he admiring, forthwith heard not onely her cause and complaints, but many others in proper person. Your Majesty hath not one or two, but a Mr. George Huntly, Mr. Peter Smart, Mr. Vicars, Mr. workman, Master Ward, Mr. Wrath, Mr. Crowder, Mr. Snelling with sundry other Ministers. Doctor Bastwicke, Mr. Thomas brewer, and divers other Laymen. great multitude of poor oppressed Subjects, now lying mourning and pining away under your Bishops pressures, tyranny, unjust proceedings and censures( some of whose cases this Breviate will acquaint you with) who though they have not oft petitioned your Majesty for relief, as this poor woman did Philip, nor received the like answer from you, as shee did from him, yet their cases are as worthy your Roall audience, as hers was of Philips, if they could have such free access to your Majesty with their complaints as shee had to him; the Prelates greatness, power, and vigilancy being such, that those who are oppressed by them, either cannot, or dare not appeal to your Majesty for relief, and those who do, though upon never so just grounds, are reputed factious, schismatical, Seditious, and I know not what besides for their pains: yea as that worthy Martyr, Doctor barns in his Supplication to King Henry the 8. writes p. 183. Now it is so far come, that whosoever he be, high or low, poor or rich, wise or ●oolish, that speaketh against them and their vicious living, he is either made a traitor unto your grace, or an heretic, enemy or schismatic against holy Church, as though they were Kings or Gods. And if any man spoke of Gods Law and right conscience against this their damnable tyranny, little will they stick to make him an heretic. And if that will not help,& to colour& maintain their oppression, then add they treason, sedition, rebellion and contempt against your Grace, though he be never so true a Subject. I beseech you therefore upon the bended knees of my heart& soul, to imitate King Philip, in giving them a full, a speedy and gracious hearing even in your own royal Person: and if your more weighty public state-affairs will not afford you so much leisure, appoint some faithful trusty temporal Lords and Gentlemen of quality, to be your Commissioners to inquire after, hear and determine all their grievances, pressures, illegal imprisonments, fines, suspensions, deprivations, excommunications, exacted fees, and other barbarous usages and vexations, as your royal Progenitors Register pars 2. f. 125. 126 have done in former times even in the case of Bishops. It was Jobs honor and comfort in his afflictions; job. 29.13.14. that he was eyes to the blind, feet to the lame, a Father to the poor; that he preached out the cause which he knew not; and broke the jaws of the wicked, and plucked the spoil out of their teeth: and that the blessing of him that was ready to perish came upon him. O let it be your Majesties crown and honour too in these particulars here tendered to you. Seneca De Clementia. lib. 1. c. 26. Nullum ornamentum Principis fastigio dignius pulchriusque est, quam illa corona ob cives servatos: is one of the best and most honourable Mottos that any Christian Prince can select; And there is no readier way for your Majesty to entitle yourself thereto, then by rescuing your poor innocent harmless worried sheeps and lambs, out of the jaws of these Bitesheepes, these ravenous Hab. 1.8. Zeph. 3.3. Acts. 20.29 evening wolves,( though in sheeps clothing) who devour and prey upon them; especially in your ecclesiastical Commission, and that under pretence of your Majesties authority, which they now pervert to erect and revive an absolute, irregular, papal and episcopal jurisdiction of their own, not derived from your Majesty, to tread your Majesties ecclesiastical jurisdiction, and your poor Subjects liberties under their feet, to accomplish their own popish, antichristian, disloyal designs, to suppress religion and preaching, to crush, roote out, and to wreck their own particular malice upon your conscionable, painful, powerful Ministers, Preachers,( whom they now silence, suspend, excommunicate and thrust out of their livings at their pleasure, without any lawful cause, to the great grief and discontentment of your people, because their pains and holy lives are a secret check to their idle licentious conversations) and all others who dare publicly appear in your Majesties quarrel, to oppose their ambitious, audacious usurpations upon your ecclesiastical Prerogative and your Subjects Liberties, or presume to check them for their non-preaching, pontifical, idle voluptuous, secular proud unchristian lives, though good Father Latymer in his second and fourth Sermon, before King Edward, was so bold with them for these their enormities, as to require him in Gods behalf, to make all the pack of negligent, non-preaching, rare-preaching Bishops, Quondams,& to cast them out of their office, as unsavoury salt, fit for nothing but to be cast out, and trodden under mens feet. Now the great 17. Revel. 14. cap. 19. 16. King of Kings,& Lord of Lords, so preserve& direct your Majesty in all your pious enterprizes, for the preservation& propagation of true religion among us; the keeping out of Popish errors, profane●s( which flow in a place upon us; by your Prelates negligence, practices and connivance) who are more favourable to priests and Iesuites, though Trayters to your Majesty by the Statute of 27. Eliz. c. 2. then unto Puritans( as they style them) who defend your crown and Prerogative royal like faithful Subjects, against their episcopal and all papal encroachments) the maintenance of your own ecclesiastical Prerogative, with the relief, the rescue of your poor afflicted Subjects against the Prelates insolent encroachments, oppressions, exorbitances; and the advauncement of the public welfare both of this Church and State; that the religion, with the sincere preaching and preachers of Gods word( of late trodden under foot) may once more flourish, Gods heavy Iudgement of the plague broken out in many places, by your execution of Judgement like another Phinehas, on these notorious malefactors, be speedily stayed:( Psal. 106.30.) and you may long enjoy a glorious crown OB CIVES SERVATOS in this life; and in the world to come, a crown of glory which fadeth not away. So prayeth your loyal and true hearted Subject W. HUNTLY. A Breviate of the Prelates usurpations upon the Kings Prerogative royal against express Statutes. THe Statute of 25. Hen. 8. c. 29. 1. Against Bishops Visitation Articles, Orders, Constitutions and Innovations. upon the Clergies own submission and Petition, Enacts: that no Convocation or Synod of the Clergy should be made or summoned; but by the Kings writ: and that the Clergy, nor any of them, should from thenceforth attempt, or presume, to allege, claim, or put in ure, any Constitutions or ordinances provincial or synodal, or any other Canons; nor shall enact, promulge or execute any such Canons, Constitutions or ordinances provincial, by whatsoever name or names they may be called, in their Convocations in time coming, unless the same Clergy may have the Kings most royal assent and licence, to make, promulge, and execute such Canons, Constitutions, and Ordinances provincial or synodal; upon pain of every one of the said Clergy doing contrary to this; and being thereof convict, to suffer imprisonment, and make fine at the Kings Will: In prosecution of which Act, the Prelates themselves in their Canons An. 1603. Can. 12. decree thus; Whosoever shall hereafter affirm, that it is lawful FOR ANY SORT OF MINISTERS and lay persons, or either of them, to join together ticles in their own names and rights, to be observed, enquired of, or presented on by his Majesty Subjects, unless authorised by some special Act of Parliament and Charters so to do, as some Corporations are, who by common consent may make by-Lawes, to oblige themselves alone, not others. For which undutiful insolency all our domineering Prelates, have incurred the penalty of this Stature; and are ipso facto excommunicated besides by their own Can 12. Canon, till they publicly renounce and revoke these their wicked and anabaptistical Errors, Articles, Constitutions, and practices; from which their Predecessors were so far estranged, that for fear of a praemunire and other punishments to light upon them, they durst not in King Henry the 8. or Edward the 6 his reign( after this Act and the Statute of 26. H. 8. c. 1.) so much as to keep a Consistory Court or Visitation, until they had sued out several specia● Patents and Licenses( of which there are divers in the In the Patents of 26. 32. 33. 36. 37. H. 8.& 5. E. 6. pars. 1. rolls ye● extant,) authorizing them to do it, and that onely in the Kings own name, right, stead, and by his authority, not their own; whose example our present Prelates ought, both in point of Lojalty and duty, to imitate. Which since they refuse to do, and thus still most traitorously proceed to make new Articles, Canons, Ceremonies, oaths, Constitutions, and enforce them on the Subjects by th●eates, excommunications, suspentions, deprivations, imprisonments, and the like in their own names, rights and authorities, without the consent of King and Parliament; let them hear what a doom Defensoris Pacis, pars. 2 c. 28. Marsilius Patavinus hath long since pronounced against them for it, in these very words: The makers and publishers( saith he) of such Articles and ecclesiastical Decrees without the special licence of the faithful Law-giver( which he makes the Parliament, or whole body of a State or City) or of the Prince, and those who induce any to the observation of them by surreptitious words, or compel any to obey them, by threatening eternal damnation, or by blaspheming, excommunicating, or pronouncing other maledictions against any one by word or writing,( as our Prelates have lately done against many in all places) CORPORALITER SUNT EXTREMO PUNIENDI SUPPLICIO, TANQUAM CONSPIRATORES, ET CIVILIS SHISMATIS CONCITATORES: are to be corporally pun●shed, w●th extreme or capital punishments, as Conspirators and the styrrers up of a civill schism. EST ENIM GRAVISSIMA SPECIES CRIMINIS LAESAE MAJESTATIS, QUONIAM IN PRINCIPATUM direct COMMITTITUR &c. For it is most grievous kind of Treason of all other, because it is directly committed against the Princes royal crown and Dignity; it i● also tends to set up●n plurality of supreme governours, and so by consequence of necessity it produceth a dissolution of every politic government and of the State itself. If therefore Marsilius of Padua may be the judge, our Prelates making, printing, publishing and enjoining of new Articles, oaths, Orders, Ceremonies, Rites, &c. in their own names and authorities, without the Kings and Parliaments consent, and their excommunicating, silencing, suspending and persecuting ●is Majesties Subjects for not submitting thereunto, is a great Conspiracy, schism and High-Treason, both against the King and kingdom; and they deserve no less then capital punishments to be inflicted on them for the same; which I would now advice them to consider off, to abate their pride and arrogance; they being onely Pastours, to teach, exhort, and reprove; not Princes, Magistrates, or Parliaments, to prescribe or enforce laws, which Bishops may not do, as The true difference between Christian Subjection and unchristian Rebellion, p. 127. Bishop Bilson himself hath expressly resolved. 2. The Statutes of 2. and 3. Ed. 6. c. 1. and 5. and 6. Against their granting of Licenses to many, without Banes. Ed. 6. c. 12. and the rubric in the book of Common prayer, before the form of the Solemn●zation of Matrimony, confirmed by the Statutes of 5. and 6. Ed. 6. c. 1. 1. Eliz. c. 1. and the Kings own proclamation, ordain, That no man shall or ought to be married till his Banes be first asked, three several times in the Church on three sundays or holidays, the people being present with which Articles to be enquired in the visitation, An. 1559. Artic. 43. Queen Elizabeths Articles accord. Yet every Archbishop, Bishop and their Chauncellours( without any Patent from his Majesty, who hath the See the Law-bookes quoted by Ash. in his general Promptuary or Table to the Law: Charter. 1. 2. Register, pars. 1. fol. 170. a 174. a. 295 b. 297. b. 198 a. Magna Charta. c. 7. Praerog. Regis. c. 4. 32. H. 8. c. 18. 26. Ass. 57. 32. H. 6. 52. 15. Ed. 4. 13. 4. H. 7. 1. Fitz. ●iv●ry 31. 33. Natura Bre. 174. 175. c. d. 264. a. Dyer. 123. p. 38. Stamford Prae. c 4. f. 19. 22. Lib. Intrat. f. 228. 426. sole authority to grant Licenses for marriages, and to dispense with these laws and Ordinances) take upon them, even in their own names, and under their own seals, like so many Kings and Popes, to grant Licenses for money to any person or persons to mary without any Banes first a●ked; of which they make a great annual revenue. Which presumptuous dispensations, being an apparent usurpation upon his Majesties Prerogative royal, and an exercising of regal Authority without any grant or Commission from his Majesty: marriage itself being a mere natural and civill contract,( made onely by the Gen. 6.2& 11.29. Ruth. 1.6.& 4.9.10.11. Sum. Angelica. Tit. Matrimonium. Littleter. Sect. 1●4. 107. parties own mutual consents, common to Gen. 7.2.3.9. beasts, to Gen. 2.24. Hebr. 13.4.1. Cor. ●. 2 12.13.14.15. Infidels, Pagans and all sorts of men, as well as Christians; and anciently solemnized▪ contracted before the Ruth. 4.9.10.11. Gen. 24.67. c. 29.22.23.24.25.28.30. Magistrates and Parents, without any priest or Minister, in private houses not in Churches; and these Licenses to mary without Banes, first asked in the Church, a mere temporal not spiritual thing, as are the Kings Licenses of congee deslier, for consecration of Bishops, Churches, Chapples, presentations to benefice, and the like, though the Cures themselves, Churches and Tithes be spiritual,( else it were Sum. Angelica. Tit. Symonia. with others. simony in them to sell them for money, and farm them out at an yearly rent;) and the profit thereof so rich a perquisite; Whether this their en●hroachment on his Majesties Royalties, be not fit to be severely and exemplarily punished for the time past, and the power of granting such Licenses, meet to be engrossed into his Majesties hands( to whom onely it of right belongs) for time to come; I leave to the Judges, and his Majesties counsel to resolve. 3. The Statute of 3●. H. 8. c. 17. concludes, Against Bishops pretended jurisdiction jure Divino, and making of Chauncellours, and exercising ecclesiastical jurisdiction without Letters and Patents. That Archbishops, Bishops, Archdeacons, and other ecclesiastical persons, have no maner of Jurisdiction ecclesiastical, but by, from and under the Kings Majesty, the onely and undoubted supreme head of the Church of England and Ireland, to whom by holy Scripture all authority and power is wholly given to hear and determine all maner causes ecclesiastical; and to correct all 'vice and sin whatsoever; to all such persons as the Not the Bishops. Kings Majesty shall appoint thereto. And that all Chauncellours, Vicars general, Commissaries, Officials, Scribes and Registers, to any Archbishop, Bishop, Archdeacon or other ecclesiastical person shall be made, ordained, constituted, and deputed by the Kings Majesty his Heires or Successors, as his Vicegerents, Commissaries, Judges and Visitors; Receiting with all, that the Bishop of Rome and his adherents minding utterly as much as in them lay to abolish obscure, and delete this power given by God, to the Princes of the earth, that thereby they might gather and get to themselves the government and rule of the world, had in their Councells and Synods provincial, made( even here at home) ordained and established divers ordinances and constitutions, that Lindewoods Constit. Provin. lib. 3. De Clericis conjugatis. f. 94. 95. no lay or married man, should or might exercise or occupy any Jurisdiction ecclesiastical, least their Note. false and usurped power, which they pretended and went about to have in Christs Church, should decay, wax vile, and of no reputation. Yet the Archbishops and Bishops, presuming on his Majesties favour, and their own great swaying authority, contrary to this Statute, claim all their episcopal Jurisdiction, not by, from, and under the King, but Jure divin●; censuring and persecuting those who pled for the Kings right according to this Statu●e; as appeared in the late case of Doctor Bastwicke, who was sentensed merely for this Delivered in a discourse entitled Flagellum Pontificis& Episcoporum Latialium, against the Popes pretended superiority, and Monarchy over Kings and other Ministers onely. opininion; That episcopal Jurisdiction over M●nisters and others, is not jure Divino, but onely from the grant and donation of Princes; and that Bishops and Ministers jure Divino, are one and the same. For which they might have as well censured jerome, Augustine, Sedulius, Primasius, Ambrose, Chrysostome, Beda, Rabanus Maurus, Isidor, Hispalensis, Haymo, Remigius, Alexander Alensis, Anselmus, Archbishop of Canterbury, Richardus Armachanus, Primate of all Ireland, Bishop jewel, Bishop Alley, Bishop Hooper, This his reproof of Dorman. fol. 43. 44. 45. Master dean novel, Doctor Whitaker, Doctor Willet, Master Fox, with all the Prelates and Clergy of England, in their Institution a Christian man, Chap. of Orders, whom he hath In his Praxis Episcoporum,& de jure Episcopali. Et Gersonius Bucerus, dissertatio de Gubernatione Ecclesiae. since proved to be of the same opinion, and all the reformed Churches and Protestant Writers too beyond the Seas. They exercise all ecclesiastical jurisdiction in their own names and rights alone, they make every one his own commissary, chancellor, Vicar general, official, Visitor, Register, and Scribe; wresting this right from his Majesty: They deny 1.& 2. Philip.& Mary. cap. 8 any Jurisdiction ecclesiastical to appertain to any Laymen, unless derived to them by themselves alone; affirming and publishing in some late printed books Chowneus, Collectiones Theologicae quorundam conclusionum Londini, 1635. Dedicated to the Archbishop and licenced by his chaplain, pag. 53. That all ecclesiastical laws derive their vitality and vivacity from the Prelates( not from Princes) as from the heart and head, and that all ecclesiastical affairs are to be ordered by them alone, in affront of this good Statute. 4. The Statute of 1. Ed. 6. c. 2. Against their keeping of Courts& Visitations without Letters Patents, and making out process& Probates in their own names and seals. enabling the King to make Bishops by his Letters Patents onely, ordains; that whereas the Archbishops, Bishops, and other spiritual persons in this realm, did use to make and sent out their Summons, Citations, and other process in their own names, and in such form and maner as was used in the time of the Note. usurped power of the Bishop of Rome, contrary to the form and order of the Summons and process of the Common-Law used in the realm; seeing that all authority of Jurisdiction, spiritual and temporal, is derived and deducted from the Kings Majesty, as the supreme head of these Churches and realms of England and Ireland, and so justly acknowledged by the Clergy of the said realms; and that all Courts ecclesiastical within the said two realms be kept by no other power or authority, either foreign or Ergo Bishops can keep no Courts but by special Patent from the King and in his name and right. within the realm, but by the authority of the Kings most excellent Majesty. That therefore all Summons, Citations, and other process ecclesiastical in all suits and causes of instanc●, probates of testaments, Inquiries of jure Patronatus, Commissions of Administrators; or Collectors, should from the first day of July then next following, be made in the name and with the style of the King, as it is in writs original and judicial at the Common-Law; and the teste thereof onely in the Bishops and Archbishops name, or other having ecclesiastical Jurisdiction, who hath THE COMMISSION AND GRANT OF THE AUTHORITY ecclesiastical IMMEDIATELY FROM THE KINGS HIGHNES,( An express resolution that none can or ought to exercise ecclesiastical jurisdiction but by special grant and Commission from the King.) And that all maner of person or persons having the exercise of ecclesiastical Jurisdiction, shall from thenceforth have in their seals of Office, the Kings Highnesse arms decently set, with certain Carects under the arms for knowledge of the Dioces, and shall use no other seal of Jurisdiction, but wherein his Majesties arms be engraven; upon pain, that if any person shall use ecclesiastical Jurisdiction( after the foresaid day) within this realm of England, Wales or other the Kings Dominions, and not make and sand out the process or Citation in the Kings name, or use any seal of Jurisdiction, other then before limited; that every such offender shall incur and run in the Kings Majesties displeasure and indignation, and suffer imprisonment at his Highnes will and pleasure. Vpon this Statute( being but a mere declaration of the ancient Common Law) within three yeares after the making thereof, a Fox Acts& Monuments pag. 1409. 1410. Praemunire was brought against Bishop Farrar, upon pretence, that he omitted the Kings name and style in a Commission of his for a Visitation; which had it been true, he had smarted for it. Hence all the Bishops in King Ed. 6. time, made after this Statute, were created Bishops by his Letters Patents onely, in which all parts of their ecclesiastical jurisdiction were granted them by the King, in precise words; as things Praeter& ultra jus divinum; to be executed onely, Nomine, 'vice,& authoritate nostris Regi●●, In the Kings royal stead, name and authority; as the words of Coverdales, Ponets, Scoryes, and others Patents 5. Ed. 6. pars prima in the Rolls, declare. And accordingly all their process, Sentences, Probate of Wills, and Commissions of Administration,( of which there are some yet extant under the Kings own seal) both in the Prerogative Court of Canterbury and elsewhere, were made out onely in the Kings name, and under his seal, according to this Act and the Contents of their own Letters Patents, and all their own Registers in those times witness; & Regia authoritate fulcitus, was a usual clause in all their writings and process whatsoever, till Queen Mary by her Prelates procurement, caused to be expunged, upon the revivall of the Popes authority; as Master Fox records in his Acts and Monuments, page. 1294. The Bishops 1. Mariae, cap. 2. got this Statute repealed, till which time they used the Kings style and seal in all their process, Commissions, and all other their proceedings. And then because the Popes usurped power and jurisdiction was restored, they revived their old proceedings again, 1& 2. Philip. and Mary, c. 8. doing all in their own names, and under their own seals. The Statute of 1. Jacobi c. 25. repealed that Act of repeal, and revived this Statute again; which in truth, See Sir John Davis Irish Reports. f. 97. 98. being but a mere Declaration of the Common Law, giving no new, but onely reviving& declaring the Kings old rightful ecclesiastical jurisdiction and restoring it to the crown,( our bishoprics themselves, with all the episcopal and ecclesiastical Jurisdiction united to them, being originally derived to Bishops by the See Francis Mason his Consecration of Bishops, l. 4. c. 9 10. 11. 12. 15. E. 3. Statute de Provis●rib. rastal provision and Praemunire, Cookes Institutes, f. 94 a. donation and Charters of Princes; not from any divine right or institution: as is evident, and expressly resolved by 17. Edw. 3. 40. a. Register pars 2. t. 77. 78. 37. H. 8. c. 17. 1. Edw. 6. c. 2. 1. Eliz. c. 1. 31. H. 8. c. 9. Eadmerus historia Novorum, lib. 4. pag. 95. 96. Joannis Seldeni Spicilegium, ibidem pag. 209, to 213. Goodw●ns Catalogue of Bishops, and our histories and Lawbookes:) needed no revivall at all; and was sufficiently revived by 1. Eliz. c. 1. before the Statute of 1. Jacobi. A truth so clear, that no Prelate, judge or loyal Subject, can or dares deny it. Hereupon in the Parliaments of 30. and 70. Jacobi, the Bishops were proceeded against, and two of them in a maner attainted in a Praemunire by the Lower-howse of Parliament, for making Citations and process in their own names, and using their own seals, contrary to this Statute, and the very Common-Law, in derogation of the Kings Prerogative, and maintenance of the Popes usurped power, or an episcopal Jurisdiction of their own, not derived from the King: who by the Statute of 1. Eliz. c. 1. hath as large and ample ecclesiastical jurisdiction as King Henry the 8. or Edw. 6. enjoyed, as 8. Eliz. c. 1. resolves: and therefore ought to have all proceedings, Citations, process, Censures in all ecclesiastical Courts, made in his own name, and with his own seal alone, that so bearing his name, his Math. 22.19.20.21. Image and Superscription onely, they might be known and acknowledged to be his, and to be kept by his regal authority: whereas now they are onely called and reputed the Bishops Courts and Consistories, not the Kings, because See Sir John Davis Reports. f. 97. 98. all things are there done and transacted in their names, under their seals alone, by each of them apart, when as yet in the High Commission, wherein all their forces and jurisdictions are combined, they can do nothing at all, but by a special Commission under his Majesties great seal, nor sand out any process but in his name alone, under his special seal, the very form whereof is expressed in the body of their last Commission: An unanswerable argument, that they who altogether can do nothing but by his Majesties special Commission, seal, and in his name alone; can( at leastwise ought to) do as little or less without it, when they are divided in their several jurisdictions, in the selfsame or such like ecclesiastical causes, which they handle in their High-Commission. The Bishops, and all ecclesiastical Officers notwithstanding all the Premises and this express Statute, for the advancement, the Supportation of the Kings ecclesiastical Prerogative, and the abandoning of all papal or usurped ecclesiastical jurisdiction then Practised by our Prelates; still most presumptuously persevere both to keep their Courts, and make all their process, Summons, Citations, and Censures in their own names and Stiles, not the Kings; as if King Charles had less then his,( and themselves more inherent ecclesiastical jurisdiction then their Predecessors, and their Courts were onely their own, not his;) and use no other seal of office but their own arms onely, not his Majesties; for which they are all in a Praemunire; yet such is their power, greatness and violence See the Supplication of Beggars. Fox Acts& Monuments pag. 927. Mr. Tyndals Practise of Popish Prelates, and Master Wraughtons alias Turners hunting of the Romish Fox. 25. H. 8. c. 14. Dr. barns his Supplication to King. H. 8. ( as it was in ancient times,) that none may speak against or question this their disloyalty and usurpation upon his Majesties crown and dignity, or so much as pled his royal right herein against them,( though bound thereto by his Oath of Supremacy and allegiance;) but he is forthwith imprisoned, fined, persecuted, as if he were some notorious heretic, rebel, or capital Malefactor; neither dare his Majesties temporal sworn Judges or Officers;( some of them now fearing our domineering Archprelates more then God, then his Majesty, or Hell itself) relieve or countenance him. And can they then be his Majesties friends, or loyal Subjects, who thus vex and torture those who maintain his laws and just ecclesiastical Prerogative, yea keep Visitations Courts, Consistories, and exercise all maner of spiritual Jurisdiction, without any special COMMISSION, OR GRANT of ecclesiastical Jurisdiction, from, by, or under his Majesty, which this Act, and 2. H. 5. c. 1. 31. H. 8. c. 14. 32. H 8. c. 17. 14. Eliz. c. 5. by name require?) coining their process and proceedings with their own names and seals, not his. If any Prelate should presume to coin money, and stamp his own Image, Name or arms thereon, every man would repute it counterfeit, and him a See 2.& 3. Ed. 6. c. 17. traitor or fellow at the least; and commend, assist all such, who should detect or accuse him of such a capital crime. And is not their coining of their Courts, process, Citations, and ecclesiastical proceedings in their own names, with their own episcopal seals, as bad? certainly if the Iudges of the Kings Bench, or other his Majesties temporal Courts, should do thus, the Bishops themselves would be the first, who would proclaim them Traitors, Rebells; and no Subjects would obey their process, but reject them as counterfeit coin. Why then should not the Iudges( his Majesties, not the Bishops 18. Ed. 3. Stat. 3. 1. Eliz c. 1. sworn Officers) and other good Subjects, say as much of them, and their proceedings: having neither Caesars Image nor Superscription? which they have quiter obliterated, and in stead thereof thrust in their own, as Sir John Davis long since observed in his Irish Reports, fol. 98. in the case of Praemunire: the least punishment they have incurred for this audacious attempt●, which is nought else, but a pulling of his Majesties royal crown and Diademme from his sacred head, to put it on their own. It is stried of Niceph. Greg●r. Rom. Hist. l. 10. f. 55.& Plutarch. Alexander. Alexander the Great, that passing over the River Euphrates, his crown fell of his head into the midst of the River, which a certain master recovering by swimming, because he could not otherwise save and carry it to the ship, he put it on his head, and so brought it to Alexander: wh● thereupon gave him a talent for recovering his crown, but yet cut of his head, because he had unworthily set it thus on his own head. Certainly should his Majesty serve all our Bishops and Archbishops thus for putting on his crown on their own heads, when as there is, thankes be to God, no such peril of losing it, or necessity to do it, as in this case of Alexanders, they had but just their demerits for this their audacious insolence most of them being raised merely from the dunghill only by his Majesties special favour, not their own demerits, as they must needs aclowledge. Wherefore let themselves and their abetters think what they please, that they are the Kings best Subjects; that those are schismatics and Seditious persons, who oppose them in these their disloyal proceedings; yet doubtless all loyal Subjects and the King himself, may must justly complain against them in the very words of that notable writ in the Register, pars 2. fol. 61. styled: Ad Iura Regia; Turbamur, nec immeritò,& movemur; dum illos qui sub nostro degunt dominio,& ibidem beneficiis& redditibus honorantur, quo praetextu in defensione& tuitione jurium: Regiae Coronae ipsos nobis assistere condeceret, eadem jura erectis contra nos cervicibus conspicimus satagentes, pro viribus impugnare: Note. † in grave praejudicium& laesionem Regiae dignitatis nostrae, &c. For which I shall leave them to his Majesties Iustice: desiring them and all their flatterers to r●minate upon this excellent Passage in Sir John Davis his Ir●sh Reports, London, 1628. f. 97. 98. the Case of Praemunire, wherein goody thus excellently relates the true original& progress of all ecclesiastical Courts, Causes and jurisdictions; and the ingratitude of Bishops to their sovereigns in blotting out their Princes Images, Titles, and Superscriptions out of their Courts, seals and process, and the reasons why thy did it. First then, let us see, when this d●stinction of ecclesiastical or spiritual caus●●, from civile and t●●porall causes, did first begin, in point of Jurisdiction. Assuredly for the space of three hundred yeares after Christ, this d●st●nction was not known or heard of in the Christian world. For the causes of Testaments, of Matrimony, of Bastardy, and Adultery, and the rest which are called ecclesiastical or spiritual causes, were merely civill& determined by the rules of the civile Law, and subject onely to the Jurisdiction of the civile Magistrate, as all civilians will testify with me. But after that the Emperours had received the Christian faith, out of a zeal and desire they had, to grace and honor the Learned and Godly B shops of that time, they were pleased to single out certain special causes,, wherein they granted Jurisdiction unto the Bishops: namely in cases of tithes, because they were payed to men of the Church: In causes of Matrimony, because marriages were for the most part solemnized in the Church: In cases Testimentory, because T●staments were many times made in extremis, when Churchmen were present, giving spiritual comfort to the Testator, and therefore they were thought the fittest persons to take the probates of such Testaments. Howbeit these Bishops did not proceed in these causes according to the Canons and Decrees of the Church( for the Canon Law was not then hatched or dreamt off) but according to the Rules of the imperial Law, as the civile Magistrate did proceed in other causes, neither did the Emperours, in giving this Jurisdiction unto them, give away their own supreme and absolute power, to correct& punish these Judges, as well as others ●f they performed not their several duties. This then is most certain that the primitive Jurisdiction in all these causes, was in the Civill Magistrate, and so in right it remaineth at this day, and though i● be derived from him, it remaineth in him, as in a fountain; For every Christian Monarch( as well as the Godly Kings of Juda) is custos utriusque Tabulae, and consequently hath power to punish, not onely Treason, Murder, Theft, in all maner of Force and fraud, but incest, adultery, usury, perjury, Simony, sorcery, idolatry, blasphemy, neither are these causes in respect of their own quality and nature, to be distinguished one from another by the names of spiritual or temporal. For why is adultery a spiritual cause, rather then murder, when they are both offences against the second Table, or Idolatry, rather then perjury, being both offences likewise against the first Table? And indeed if wee consider the natures of these causes, it will seem somewhat absurd; that they are distinguished by the name of spiritual and temporal, for to speak properly, that which is opposed to spiritual, should be termed carnal: And that which is opposed to temporal, should be called eternal. And therefore if things were called by their proper names, adultery, should not be called a spiritual offence, but a carnal. But shall I express plainly and briefly, why these causes were first denominated, some spiritual or ecclesiastical, and others temporal and Civill? Truly, they were so called, not from the nature of the causes, as I said before, but from the quality of the persons, whom the Prince had made Judges in these causes. The Clergy did study spiritual things, and did profess to live secundum spiritum, and were called spiritual men, and therefore they called the causes, wherein Princes had given them Jurisdiction, spiritual causes, after their own name and quality. But because the Lay Magistrates were sasd to intend the things of this world, which are temporal and transitory, the Clergy called them secular or temporal men, and the causes wherein they were Judges temporal causes: Note. This distinction began first in the Court of Rome, were the Clergy having by this Jurisdiction gotten great wealth, their wealth begot pride, their pride begot ingratude towards Princes, who first gave them their Jurisdiction, and then, according to the nature of all ungrateful persons, they went about to extinguish the memory of the benefit: for whereas their Jurisdiction was first derived from Caesar, in the execution whereof they were Caesars Judges, so as both their Courts, and causes ought still to have born Caesars Image and Superscription, as belonging unto Caesar; They blotted Caesars name out of the style of their Courts, and called them Courts Christian, as if the Courts holden by other Magistrates had been in Comparison but Courts of ethnics, and the causes w●ithin their nature were merely Civile, they called spiritual and ecclesiastical. So as if the Emperor should challenge his Courts, and causes again, and say, Reddite Caelari, quae sunt Caesaris, they would all cry out on the contrary part, and say, date Deo, quae sunt Dei, our Courts bear the name and Title of Christ, the Superscription of Caesar is quiter worn out, and not to be found upon them. And this point of their Policy is worth the observing, that when they found their Jurisdiction in matrimonial causes, to be the most sweet, and gainful of all other( for of Matrimony they made matter of money indeed) to the end that Caesar might never resume so rich a perquisit of their spiritual jurisdiction, they reduced Matrimony into the Number of the seven Sacraments. After which time it had been sacrilege, if the civile Magistrate had intermeddled with the least matter that had relation to Matrimony, or any depentancy thereupon. So then yet appeareth, that all causes whereof ecclesiastical or spiritual persons have cognisans, or jurisdiction by the grants or permission of Princes, are called ecclesiastical or spiritual causes. And as all their Courts are called spiritual courts, so all causes determinable in these Courts, are called spiritual causes. And therefore where Master Lalor hath acknowledged the Kings Majesty to be supreams governor in all ecclesiastical causes, he hath therein acknowledged the Kings Supremacy in all spiritual causes, wherein he hath but rendered to Caesar, but that which is Caesars, and hath given unto his Majesty no more, then all the Bishops of England have yielded to his Predecessors, not onely in this later age, but also in former times both before and since the Conquest, as hath been before at large expressed. 5. The Statute of 1. Eliz. c. 1.( as also 5. Eliz. c 1. 8. Eliz. c. 1. Against the Bishops and their Officials exercising of ecclesiastical jurisdiction, and keeping Visitations or Consistories in their own names without special Patents and Commissians under the Kings great seal. 26. H. 8. c. 1. 37. H. 8. c. 17,) enacts, That all ecclesiastical and spiritual Jurisdictions, privileges, superiorities, and pre-eminences, which heretofore have been, or may lawfully be exercised, or used by any spiritual or ecclesiastical power, or authority,( therfore all ordinary as well as extraordinary Jur sdiction) for the Visitation of the ecclesiastical state& persons,& for reformation, order& correction of the same,& of all maner of Errors, Heresies, schisms, abuses, offences, contempts and enormities whatsoever, shall for ever be united and annexed to the imperial crown of this realm; and that the Queen her Heires and Successors, shall have full power and authority by virtue of that Act, by Letters Patents under the great seal of England, to assign, name, and authorize when, and as of●en as they shall think meet and convenient, and for such and so long time as shall please them,( not Archbishops or Bishops who now would monopolise all ecclesiastical jurisdiction to themselves, Let the Archbishop who contests with his sovereign for this power, mark this clause well. ) but such person and persons, being natural born subjects, as they shall think meet, to exercise, use, occupy, and execute under them, all maner of Jurisdictions, privileges, and pre-eminences( therefore all ordinary as well as extraordinary) in any way touching or concerning ecclesiastical Jurisdiction, within the realms of England, and Ireland, or any other the Kings Dominions, and to visit, reform, redress, order, correct and amend all Errors, Heresies, schisms, Abuses, offences, contempts and enormities whatsoever, punishable by any ecclesiastical power, authority, or Jurisdiction; and that such person or persons so name, authorised and appointed by them, Therefore not before or without such Letters Patents. AFTER THE said LETTERS PATENTS TO THEM MADE AND DELIVERED as is afore said, shall have full power and authority by virtue of this Act, and of the said LETTERS PATENTS, under your Highnes, your Heires and Successors, to exercise, use and execute all the premises; ACCORDING TO THE TENOR AND EFFECT OF THE said LETTERS PATENTS, any matter or cause to the contrary notwithstanding: And for the better observation and maintenance of this Act; it further enacts; That every Archbishop( who in the first men ordered by this Act, and their own first Canons, An. 1603. to maintain the Kings Prerogative in all the forenamed particulars, and yet now the men that first dare question and contest against it with his Majesty even before his royal presence, as appears by the late case concerning the Visitation of Cambridge:) Bishops and all and every other ecclesiastical person, and other ecclesiastical Officer and minister of what estate, dignity, pre-eminence, or degree soever he or they be or shall be, and all and every temporal Judge, mayor and other Lay or temporal Officer or Minister, and every other person having the Kings Highnes fee or wages within this realm, and every the Kings Dominions, shall make, take, and receive this corporal Oath upon the evangelist. See 28. H. 8. c. 10. I A. B. do utterly testify and declare in my conscience, that the Kings Highnes is the onely supreme governor in this realm, and all other his Highnes Dominions and Countries as well in all spiritual or ecclesiastical things, or causes, as temporal; and that no foreign Prince, person, Prelate, state, or Potentate, hath, or ought to have any Jurisdiction, power, superiority, pre-eminence or authority ecclesiastical or spiritual within this realm; and therefore I do utterly renounce and forsake all foreign Jurisdictions, powers, super●orities, and authorities; and do promise, that henceforth I shall bear faith and true allegiance to the Kings Highnes, his Heires and lawful successors, AND TO MY POWER SHALL ASSIST AND DEFEND all Jurisdictions, privileges, preheminence●, and authorities granted or belonging to the Kings Highnes, his Heires and Successors, or united, and annexed to the imperial crown of this realm. So help me God, and by the contents of this book. Which Oath every Officer and Min●ster is now to take, by the Statute of 5. Eliz. c. 1. These Statutes, unite all maner of ecclesiastical Jurisdiction whatsoever( therefore as well Ordinarius dicitur quia habet ordinariam jurisdictionem in jure proprio, non per deputationem: Cookes Institutes f. 96. a. If then the Iudges allow Bishops or Bishops usurp to themselves, Ordinary jurisdiction without any Patent from the King in their own immediate right, this is to allow an ecclesiastical jurisdiction in the realm, not united to or d●rived from the crown, and to deny the Kings supremacy in ordinary ecclesiastical causes, contrary to this and the forecited Acts. ordinary as extraordinary else the King should be supreme governor onely in extraordinary ecclesiastical causes) to the crown, together with ● Prerogatives, privileges, and pre-eminences whatsoever thereunto belonging; whereof this is See 1. E. 6. c 2. 5. E. 6. pars. 1. in the R● Goverdales and Scoryes Patents. Sir John Davis Report f. 98. Matth. 22.19.20.21. the chief, that all Ecclesiastica● Courts, process and proceedings should be kept and made, onely i● his Majesties name, and by his royal authority, that so they might be known to be his Courts and process: as his coin and ●ther Courts are by this means known to be his. And further, they provide expressly, that none shall exercise any maner of ecclesiastical Jurisdiction( be it ordinary or extraordinary) with ● any the Kings Dominions, but by virtue of his Majesties spec●a● Letters Patents; and that none shall visit, or correct any pers● for any ecclesiastical offences, contempts, Errors, &c. but by hi● Majesties special Letters Patents under his great seal authorizing him. And for the better observation and maintenance of this very thing, they prescribe this Oath of Supremacy and Allegiance, to the Archbishops, Bishops, and all ecclesiastical persons, an● Officers whatsoever, to this very end, that they should not dare to exercise any ecclesiastical jurisdiction, or keep any Consistory, or visitation Courts, without his Majesties special Letters Patents under his broad seal authorizing them so to do; under pain of direct wilful perjury and disloyalty. And on the other side, that all temporal Who take a more punctual Oath to this purpose, prescribed by the Statute of 18. Ed. 3. Statute 3. which I wish they would seriously consider. Judges, Justices, Majors, Officers and those who receive any fees or wages from the King, and all Barresters, Serjeants at Law and Graduates in either University, should likewise take this Oath, to the intent they should not suffer any Archbishop, Bishop, or ecclesiastical person, Officer or Minister, to exercise any ecclesiastical jurisdiction, or keep any Consistories, Courts, or Visitations, but by his Majesties special Letters Patents, and in his Majesties name and right,( as they ought to do by the very Common 31. H. 8. c. 9. 1. E. 6. c. 2. Eadmerus hist. Novor. lib. 4. p. 95. 96.& Seld. Spicil. ibid. p. 209. to 213. 17 E. 3 40, a. and Godw. Cata. of Bps. Register ps. 2. f. 67. b. 68. a Cookes Instit. f. 94. a. Law, their bishoprics themselves, and all their episcopal power and Jurisdiction being merely derived from his Majesty by Letters Patents, and to be exercised onely in his stead and right alone, by a derivative power from, by and under him, as the Statutes of 37. H. 8. c. 17.& 1. E. 6. c. 2. resolve) and as they constantly did in King Edward the 6. and King Henry the eight dayes( the Queen then, and her Successors since having as 1. Eliz c. 8 5. Eliz c. 1. 8. ●liz. c. 1. full and ample ecclesiastical Jurisdiction, as those two Princes had before; and the Prelates no more Divine right thereunto now, then in King Edwars dayes, which they dare not once deny: and that they should resist& withstand them to uttermost of their power, under pain of perjury and disloyalty to his Majesty, his crown and dignity, in case any of them should attempt the contrary. Our Archbishops, bishops, and ecclesiastical persons with their Iudges, Officers, and Ministers therefore, not onely renewing and bringing in the Canon and Civill Law of Popes, of foreign Princes, and councils, to rule and judge his Majesties Subjects by without any Act of Parliament,( which is a by Latim. Sermon. of the Plough. clear bringing in and setting up of a foreign power& Jurisdiction within this realm, contrary to the very words of the Oath of Supremacy and allegiance, and the Statutes of 25. H. 8. c. 19. 1. Eliz. c. 1. 5. Eliz. c. 1.& 3. Jac. c. 4. as the books called Miles& Clericus: and William Wraughton in the hunting of the Romish Fox, with●● th●s have long since notably proved; For which they are all in a 25. H. 8. c. 13. 20. 28. H. 8. c. 10 16. 3& 4 Ed 6. c. 11. 22. H. 8. c. 15. Praemunire by the resolution of these and other Statutes:) But likewise keeping Consistory Courts, Visitations, and exercising all maner, ecclesiastical jurisdiction, both in their own names, and without any such special Patents under the broad seal of England enabling them,( though they condemn themselves by doing quiter otherwise in the High Commission,) must needs be guilty of Perjury, Disloyalty, and High Contempt to his Majesty, his royal crown and dignity; and so are all such temporal Iudges, Iustices, Officers, Lawyers, Schollers and other persons, who have taken this Oath, if they withstand not this notorious usurpation, upon his Majesties Prerogative in cases ecclesiastical, to the utmost of their power, as this Oath obligeth them, both in point of Conscience and Loyalty to do. The Officers in most of his Majesties temporal Courts established by Law, have been lately questioned for such extorted fees, which no Patent or Statute authorised them to take; and have compounded with his majesty for the same. Whether the A good and just Project, to raise money for his Ma●esties supply. Bishops, and their Officers( who both encroach and exact many new and greater fees for the probate of wills and granting of administrations, then the Statute itself allows them to receive; grant Licenses to mary without any Banes, first asked,( contrary to the forecited Statutes and the book of Common Prayer, brook Praemunire, 21. 22. H. 8. c. 15. 3.& 4. E. 6. c. 11. as if they were absolute Kings, to dispense with laws) keep Courts and Visitations( wherein they use many extortions and oppressions) without any lawful authority or Letters Patents from his Majesty in their own Names and rights alone( incurring thereby a* Praemunire) ought not much more to be deeply fined to his Majesty for these usurpations, presumptions, extortions, disloyalties, I refer to the wisdom and Iudgement of those, who are best able to determine, and cause it to be put in execution too, if necessity so require, for his Majesties best advantage, who may Reg. ps. 2. f. 125. 126 See Ash. Extortion, 11. 12.& Inditement 10. justly squeise these sponges, for their unjust exactions and extortions on his subjects, without Law or Patent, and seize all their temporalities and offices as Forfited, into his royal hands. If any Lay man or Prelate, though never so great, claim or exercise any temporal or Civill jurisdiction, franchise, Royalty or privilege without a Charter from the King or his progenitors, a Quo warranto lieth against him, and if he can produce no such Charter, nor any allowance in ancient Eyres to entitle himself thereto, but onely a bare prescription and usage( though time out of mind) the King shall have judgement against him, and his said Jurisdiction, franchises, Royalties, and privileges, shall be seized into the Kings hands forthwith: prescription being no title at all against the King in such matters of Jurisdiction and Prerogative, Quia nullum tempus occurrit Regi; as hath been 1. H. 7. 23 2. E. 4. 18. brook Prescription, 18 56. 64. 65. Fitzherbert Prescription 7. 13. 14. 24. 40. 44. 45. Conusans. 5. 6. 16. 30. 57. cook 9 Report. 23. 35. H. 6. 25. 37. H. 6. 27. Br. custom 5. 34. H. 6. 27. a. 14. H. 7. 22. b. 21. E. 3. 4. 9. H. 6. 21. a. 12. H. 7. 20. b. 14. H. 7. 22. b. 35. E. 3. usage. 22. Littleton Sect. 178. Plowden. f. 321. 322. 234. 243. 247. L. quinto E. 4. fol. 111. Stamford Praerog. f. 32. Cookes Institutes, Sect. 178. oft adjudged. So if a man for many descents together enjoyeth lands, anciently of right belonging to the crown, if he can show no royal Charter intiteling him thereto, he may be forthwith lawfully dissposessed of it; his bare possession, though ancient, being no lawful title to bar the King. Sure I am, that all the Archbishops, Bishops, Archdeacons, deans, and their Officials can produce no ancient Patents, nor allowances in Eyre, authorizing them to keep Consistories, Courts, Visitations, Synods, or to sand out process, Summons, Citations, Suspensions, Sequestrations, Excommunications; or to grant Letters of Administration, Probates of Wills, or Licenses to mary without asking Banes, in their own names, or under their own seals; much less, to make, print, promulge, prescribe and impose new forms of oaths, Ceremonies, Articles, Injunctions, Canons, Orders, ecclesiastical Constitutions in their Visitations, Courts, or Synods, in their own names, and that by their own inherent power; or to excommunicate, silence, suspend, deprive, degrade, imprison, fine, confine, or banish any of his Majesties loyal Subjects for infringing, or not submitting themselves to these their audacious proceedings and dangerous disloyal innovations, as now they daily do. Neither can they pled prescription, or long usage to justify them in these, or any of these particulars, against the forecited Statutes still in force, interrupting, abolishing this their prescription; the rather, because all their Predecessors in See 26. 27 30. 32. 36.& 37. H. 8.& 2. 3. 4.& 5 Ed. 6. pars. 1. in the Patent Rolls. King Henry the 8. and Edward the 6. several reigns, took special Licenses, Patents and Commissions from the crown( for themselves alone, not their Successors) to use, and exercise all& every particular part of ecclesiastical Jurisdiction,& to keep their Consistories, visitations, Synods,& make out all their process, Censures, Acts, Licenses in the Kings stead, name, and authority alone, not their own, according to the Statutes of 26. H. 8. c. 1. 25. H. 8. c. 19. 37. H. 8. c. 17. 1. Edw. 6. c. 2. Which Statutes( as themselves, with the whole Convocation and Parliament in 1.& 2. of Phil. and Mary c. 8. confess, in then Supplication registered in that Act) did utterly take away and abolish all their episcopal Rights and jurisdictions, and wholly rest them in the crown; whence they thus Petition the King and Queen. 1.& 2. Phil.& marry c. 8. Insuper Majestatibus vestris supplicamus, ut pro sua pietate efficer dignentur, ut ea quae ad jurisdictionem nostram& libertatem Ecclesiasticam, pertinent sine quibus debitum nostri pastoralis officij& curae animarum nobis commissae exercere non possumus, nobis superiorum temporum injuria ablata restituantur,& ea nobis,& Ecclesiis perpetuò illaesa& salva permanent,& ut omnes Leges, quae hanc Nostram jurisdictionem,& Libertatem Ecclesiasticam Nota. tollunt, seu quovis modo impediunt Abrogaentur, ad honorem Dei& Majestatum vestrarum, &c. And hereupon it was then and there enacted that the ecclesiastical Jurisdiction of the Archbishops, Bishops, Ordinaries( and of the The Popes and Prelates ecclesiastical jurisdiction abolished and revived together. Therefore of the same nature, and quality. Popes holiness and Sea apostolic too, from which all their inherent usurped episcopal Jurisdiction was derived) should be in the some state, for process of suits; punishment of crimes, and execution of Censures of the Church, with knowledge of causes belonging to the same, and as large in these points, as their Jurisdiction was in the 20. year of King Henry the 8. By which it is most apparent that the Bishops and whole Convocation in queen Maryes and King Philips dayes, did not claim their episcopal and ecclesiastical jurisdiction Jure Divino, as our Prelates do now, for of this they speak not one word in their Petition, but onely from the crown, whence they thus Petition the King and queen to restore it to them by Parliament; that from the 25. of Henry the 8. till 2. of Phil. and Mary, the Bishops inherent power and jurisdiction was as clearly abolished, as the Popes,( from whence it was derived) by the forecited Statutes, and that they could make no process, keep no Courts, inflict no Censures, hold plea of no ecclesiastical causes, keep no Visitations, nor exercise any ecclesiastical jurisdiction in their own names or Rights, but onely in the Kings. Which Statutes being all revived, and the Kings ecclesiastical jurisdiction fully restored in as large,( if not more ample) maner as ever Henry the 8. or King Edward the 6. enjoyed it, by the Statutes of 1. Eliz. c. 1. 5. Eliz. c. 1. 8. Eliz. c. 1. and other Statutes since. Our Prelates and their officials now, can no more keep Courts, Visitations, make process, hold plea of any ecclesiastical causes, or any such jurisdictions, in their own right or names without special Patent or Commission from the King, or under their own seals, then their Predecessors could in these Kings reigns. Seing therefore our Prelates and their Commissaries can pled no prescription, nor show any Charter or Commission since these Statutes, enabling them to exercise all or any of the premises in their own names or rights, and under their own seals, good reason is there that his Majesty by a Quo Warranto and Praemunire should now repossess himself and dispossess all them of this their usurped authority which they have too long exercised without any shadow of Law or right, to the great prejudice of his ecclesiastical Prerogative, and greater violation of his poor oppressed Subjects Liberties, they having now nothing left to pled against it. From all the Statutes and Premises it is appaparant. First, That Archbishops, Bishops, Arch-Deacons, Officials and Commissaries have no power or jurisdiction at all, to ●. H. 6. c. 1 25. H. 8. c. 19. 27. H. 8 c. 15. 3● H. 8 c. 17. 27. Eli. c. 28. 29. Eliz the Act of one subsidy granted by the Clergy 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3 Ia. c. 25. 7. Ia. c 22. 21. Ia. c. 32. 1. Car. c. 1. 3. Car. c. 6. call or Summon any Convocation Synod or Visitation, but the Kings Majesty onely by his Writ; nor yet to 4. Ed. 1. c. 5. 2. H. 4. c. 15. 2 H. 5. c. 7. 25. H. 8. c. 19. 14. 27. H. 8 c. 15. 37 H. 8. c. 17. 31. H. 8. c. 14. 26. 32. H. 8. c. 5. 38. 1. Ed 6. c. 1. 3.& 4. Ed. 6 c. 11. 5.& 6. Ed. 6 c. 1. 3 4. 1. Eliz c 1. 2. 13. Eli. c. 12. Eadm. Hist ●onorum. l. 1. p. 6. l. 3. p. 67. l. 4 p. 94. 95.& Speldeni Spicilegium, Ibid. p. 167. 168. Continuatio ad Florent. Wigoriensem, p. 504. 505. Fox Acts& vlonuments fol. 96. Elutherius his Epistle to King Lucius, Marsilius Patavinus Defensoris Pac●, ps. 1. c. 12. 13. pars. 2. c. 23. 24. make, promulge, publish, or execute, any ecclesiastical Constitutions, Canons, Ceremonies, Ordinances, Articles, or Decrees; but such as are and shall be first ratified and approved by the King and Parliament; and that all their Visitation Articles which they print, publish, and give in charge to Churchwardens, and Sidemen to present upon, are utterly unlawful, and not to be admitted, received, submitted to or presented on, by any loyal Subject, but refused and withstood under pain of perjury: But especially their late, strange innovating disorderly Orders and injunctions,( contrary to all Law and Canon) for turning Communion Tables into Altars; railing them close prisoners Altarwise against the East Wall of the Church,( that no a Habeas Corpus may thence remove them into the body of the Church or Chaunsell, when the Sacrament is administered, as the See th● rubric be●ore the Communion. book of Common-Prayer, near the end Queen Elizabeths Injunctions and the Bishops own Canon 82. Bp. jewels answer to Hardings Preface Reply t Harding, Divis. 16 Artic. 3. p 145. 146 Canons enjoin;) enforcing the people to march up to the Altar and railed Table by several ranks and files, thereto receive the Sacrament kneeling at the rail, to the great disturbance of the Communicants, contrary to the usedge ever since reformation first brought in, standing up and quatting down again at every Gloria Patri; bowing, caping, and scraping at every naming of Iesus in time of Divine Service and Sermons; The Common Prayer book, prescribes men to stand up ●nly at the Apostles Creed. standing up at Athanasius and the other later Nicene Creed, and whilst the gospel is reading, refusing to Church women, unless they come with biles, which they do then prescribe them: all which are directly contrary to the book of Common-Prayer, and other Rites and Ceremonies of the Church of England, in which they are not so much as intimated( much less commanded) and to the Statute of 1. Eliz. c. 2. for the uniformity of Common Prayer; which enacts; that all Persons, Vicars, and other Ministers whatsoever shall use the said Common Prayers and Minister the Sacraments in all Cathedrall and Parish Churches, in such order and form as they be mentioned and set forth in the said book: and if they shall wilfully or obstinately standing in the same use ANY OTHER RITES, CEREMONY ORDER, form OR MANER of celebrating the Lords-Supper openly or privily, or Muttens, Evensong, administration of the Sacraments, or other open prayers THEN, IS MENTIONED AND SET FORTH IN THE said book;( as all those do who use the forementioned novel Rites, Ceremonies, Orders, new form and The rubric before the Communion presc●ibes, that the Table when the Sacrament is administered shall stand in the body of the Church or chancel; and that the Minister, when he consecrates the Sacrament, shall stand at the Northside of it, not at th● North end. he therefore that consecrates and administers the Sacrament at the upper and of the Church or chancel at the North end of the Table turned Altar-wise, consecrates and celebrates the Sacrament in another form and maner, and with other rites& Ceremonies then the book of Common Prayer and the Statute prescribe, and so is liable to the Punishments therof,& so are all those Bps& their Officers who vrage them so to do. maner of celebrating the Lords-supper, Divine Service, Churching of women; and those who many without Banes thrice publicly asked in the Church, contrary to the rubric before the form of marriage; none of these Ceremonies, Rites and Orders, being either mentioned or set forth in the said book:) Or shall preach, declare, or speak any th●ng in the Derogation or Depraving of the said book, or any thing therein contained; or any part thereof;( as those do, who preach for Altars, railing in and turning of Communion-Tables Altar-wise, bowing and chringing to Communion Tables, Altars, and the name of Iesus; Churching vayels, standing up at Gloria Patri, the gospel, and forenamed Creeds; coming up to the rail to receive the Sacrament, the lawfulness of Bishops Licenses to mary without Banes asked, Mercy-seats, Crucifixes, Tapers Sanctum sanctorums, Christs corporal presence in the Sacrament, mass, and other Popish trumpery and Ceremonies;) and shall be thereof lawfully convicted, shall forfeit for his first offence the profit of all his spiritual benefice or promotions during one whole year next after his conviction, and shall suffer imprisonment for the space of 6. monthes without bail or mainprize; and for his second offence shall be Ipso facto deprived of all his spiritual promotions; And if any person or persons whatsoever shall by open fact, dead, or threatings, compel, cause, procure, or maintain any person, Vicar, or Minister to use any other maner, form, Rite or Ceremony then is aforesaid, he shall for the first offence forfeit one hundred marks; for the second 400. marks; for the third, all his goods and Cattels, and shall suffer imprisonment during his life. Which several penalties and forefaitures all those Superstitious Ministers and Curates, who use, and preach for, and all those Prelates, Arch-Deacons, Commissaries, Officials, and Churchwardens, who by their threats, excommunications, Sequestrations, presentments, and Censures, enforce the use and practise of the forenamed Ceremonies and innovations, have without all question incurred, and ought to be indicted, imprisoned and fined for the same. Secondly, That no Archbishop, Bishop, archdeacon, or other ecclesiastical person, hath any authority or power to keep any ecclesiastical Court, or execute any ecclesiastical jurisdiction whatsoever within the realm, but by, from and under his Majesty: and that by virtue of special Letters Patents, or 31. H. 8. c. 14. 32. H. 8. c. 15. 1. Ed. 6. c. 2 1. Eliz c. 1. 8. Eliz. c. 1. 2. H. 5. c. 2. 14. Eli. c. 5. 5. Ed. 6. pars 1. the Patents of Ponet, Scory, and Coverdale. Commissions under the broad seal of England authorizing them so to do; which not one of them now hath or can produce. Which because it seems a paradox to our Prelates and their favourers, I shall make good by these 4. Reasons. 1. The Kings ecclesiastical Jurisdiction and Prerogative is as firmly, absolutely, entirely, and in the selfsame maner and degree, united to his imperial crown, as is his temporal, and to be derived from him to his ecclesiastical Judges and Officers in the selfsame way and maner, as his Civill Jurisdiction is to his temporal Judges and Magistrates; as is resolved by the several Statutes of 2. H. 5. c. 2. 25. H. 8 c. 14. 19. 20. 21. 26. H. 8. c. 1. 27. H. 8. c. 15. 31. H. 8. c. 10. 14. 32. H. 8. c. 15. 37. H. 8. c. 17. 1. E. 6. c. 2. 1. Eliz. c. 1. 2. 5. Eliz. c. 1. 8. Eliz. c. 1. 3. Jac. c. 4. 7. Jac. c. 2. 6. & cook 5. Report. Candries case: But the Kings temporal Prerogative and jurisdiction cannot be transferred to any temporal Judges, Magistrates or Officers, but brook Patents, 32. 39.& Commission throughout. 20. E. 3 c. 3 18 E. 3. c. 2 Stat 2. 36. E. 3. c. 12. 34. E. 3. c. 1 11. H. 4. c 3 27 H 8. c. 2 12. R. 2. c. 10. rastal Iustice in Eyre. c. 3.& Iustice of assize. 2. 7. Register of W●ites p. 1 f. 197. to 203. Fitz. Natura Brevium. f. 177. 171. 180. 186. 187. 133. 134. by special Letters Patents, and Commissions under the great seal; neither can his temporal Judges or Justices ride circuits, keep assizes, Eyres, gene●all Sessions of Oyer and Terminer, or assemble the people before them upon such occasions, without special Patents and Commissions, which at every assizes, grand Sessions, and Justice Seat, they both show and publicly red before all the people. Therefore his ecclesiastical jurisdiction and Prerogative of keeping Consistories and Visitations, and exercising of any other part of ecclesiastical jurisdiction, by the selfsame reason, cannot be delegated to any ecclesiastical Iudges or Officers, though Archbishops, Bishops and other Prelates, but by special Letters Patents and Commission● under the great seal of England, and by express particular words and clauses. 2. The Kings Ordinary and extraordinary jurisdiction in causes ecclesiastical, is, and ought be derived from the crown, to Archbishops, Bishops, Archdeacons and their Officials, in the selfsame maner as it is to the High-Commissioners, and other of his Majesties natural born Subjects, whom he shall appoint to be either his Visitors, Iudges, Vicegerents or Commissioners in causes ecclesiastical; as is evident by the Statutes of 26. H. 8. c. 1. 2● H. 8. c. 26 31. H. 8. c. 14. 10. 32. H. 8. c. 15. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 2. But his ordinary and extraordinary jurisdiction in causes ecclesiastical always hath been, is and ought to be derived to the High-Commissioners and other his Majesties natural born Subjects, whom he appoints to be his Visitors, Iudges, Vice-gerents or Commissioners in such causes onely by special Letters Patents, under the great seal, as is evident by the forecited Statutes, 25. H. 8. c. 21. 14. Eliz. c. 5. 5. Eliz. c. 1. cook 5. Report. Candries case. f. 8. Antiquitates Ecclesiae Brit. p. 386. 389. 398. 399. Fox Acts and Monuments. p. 999. 1000. 1001. 1181. 1182 1249. 1257. and Bishop jewels life Sect. 25. Therefore it ought to be derived to Archbishops, Bishops, Archdeacons, and their Officials in the selfsame maner. 3. episcopal jurisdiction ought to be granted and continued in the selfsame maner, as it, and bishoprics were at first created. But episcopal jurisdiction and bishoprics were a● first created by special Letters, Patents and Charters under the Kings broad seal; as is evident by Eadmerus Hist. ●onorum l. 4. p. 95. 96. and joannis Seldeni Spicilegium See pag. 165. 166. 167. 168. Ibid. and Francis Mason of the Consecration ●f Bishops. l. 4. c. 12. Ibid. p. 209. to 213. council. Chalcedonense, Actio 13. p. 187. 188. 17. E. 3. 40. 6. E. 6. 10. 25. E. 3. The Statute of Provisors, 25. assizes. 8. 31. H. 8. c. 9. 33. H. 8. pars. 3. in the rolls, Godwines Catalogue of the Bishops of England, p. 492. 495. 499. 501. 684. 685. 1. E. 6. c. 2. and Cookes Institutes f. 97. a. 344. a. Therefore episcopal jurisdiction ought now to be granted and continued by Letters Patents under the great seal of England. 4. All episcopal and ecclesiastical jurisdiction ought now to be derived to our Prelates from King Charles, in such manner and form as they were derived heretofore from King Henry the eight and King Edward the 6. by their predecessors; King 1. Eliz. c. 1 5. Eliz. c. 1. 8 Eliz. c. 1. Charles having now as absolute and complete Jurisdiction in all ecclesiastical causes as they had then. But the Prelates in King Henry the eight and Edward the 6. reigns, derived all their ecclesiastical and episcopal jurisdiction, to keep Consistories, Visitations, Synods, Chapters, consecrate Churches; Institute, Induct, suspend or deprive Ministers; punish and correct ecclesiastical crimes, errors, heresies, offences; prove wills, grant Letters of administration, and the like, onely by special Letters Patents and Commissions under the great seal; doing all in the Kings name, right and authority, not their own; as is evident, both by the Statutes of 31. H. 8. c. 9. 14. 32. H. 8. c. 15. 37. H. 8. c. 17. 1. Ed. 6. c. 2. and by the Licenses and Patents made to the Archbishops of Canterbury and york, the Bishops of London, lincoln, Winchester, Duresme; the dean and Chapter of Paules, the Archdeacons of London, Middlessex, Canterbury and others, in the monthes of October and November An. 1535.( entred in their own Registers and in the rolls:) Authorizing them to keep Consistories during their own times onely, not their successors; the Patent of 31. H. 8. in the rolls, licencing, Bishops to consecrate Churches and Churchyards from time to time, not by their own inherent authority, or when they please themselves as now they do, but after special Patents and Commissions with sufficient words and clauses to them, first made by the Lord Chaunsellour, in due form of Law, under the great seal, the Patens of 33. H. 8. pars 3. in the Rolls, for Erecting the bishoprics of Peterbough, gloucester, bristol, Oxford and Chester: the Patent of 36. H. 8. pars 13. in the rolls, to Robert Holgate Archbishop of york, licencing and authorizing him, to keep a metropolitical Visitation both of the Clergy and Laity: and to celebrate and ordain Synods, general Chapters, Visitations and other Congregations of the Clergy and people, and to receive all due procurations and pensions for the same;( A clear evidence, that an Archbishop cannot visit his Province or diocese, much less then, a University, or any colleges of the Kings, or other mens foundations in the University, w●ich have their special Visitors appointed them by the founders, by the Kings own grant and licence, which out a special Patent and Commission from his Majesty, and in his Name and right, as is clear, by the Statutes of 2. H. 5 c. 1. 25. H. 8. c. 21. 31. H. 8. c. 10. 37. H. 8. c. 17. 26. H. 8. c. 1. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. Register pars 2. f. 40. N. Nat. Brit. f. 35. E. 42. A. 21. E. 3. 60 27. E. 3. 84. 85. Fitz. brief. 660. Cookes Institutes fol. 344. a. and other Lawbookes the power of visiting the ecclesiastical state-persons, and all other Subjects within his Majesties Dominions, being expressly united to the crown by the statutes of 26. H. 8. c. 1. 1. Eliz. c. 1. 37. H. 8. c. 17. and 8. Eliz. c. 1. and to be deputed unto others onely by Letters Patents under the Kings broad seal, by the express determination of those Acts, who are and ought to visit onely in his Majesties name and right alone, and by his Authority, as the B●shops did their several Dioces, by special Patents in King Edwards dayes: though the Archbishop now would visit onely in his own name and right alone, for which he incurs a praemunire) the Patents of 37. H. 8. pars 2. in the Rolls, to Robert Bishop of ●●●ford, granting him full power and authority to practise, euercise and execute, either by himselfi or other his Officers, all and all maner of Jurisdiction, power and authority ecclesiastical within the Dioces of Oxford, and to consecrate Churches and Churchwardens; and the several Patents to Miles Coverdale, Bishop of Exeter, John Ponet B●shop of Winchester, and John Scory, Bishop of Rochester, 5. Ed. 6. pars 1. in the rolls, and to all other bishops made in this Kings reign; which Patents both created them Bishops, without a Conge-Deslier; and likewise granted them in precise terms, authority to visit their Cathedrals and Dioces, both in the head and members, to ordain, admit, institute, induct Ministers to ecclesiastical livings, and to suspend and deprive them upon just occasion; to prove wills, grant Letters of Administration, Receive accounts of Executors and Administrators; to punish and correct ecclesiastical offences, and to exercise all other parts of ecclesiastical Jurisdiction, Nomine, 'vice& authoritate nostris Regiis, in the KINGS NAME, RIGHT AND AUTHORITY ONELY, not their own. Therefore our Prelates and Bishops, ought to derive all their episcopal and ecclesiastical Jurisdiction together with the very right of Visiting within their own diocese from King Charles, by special Letters Patents, now, and to execute it onely in his name, right, and authority, not their own: which since they have not done, nor desired to do, they are liable to his just and royal censures. Thirdly, That all Chauncellours, Vicars general, Commissaries, Officials, Scribes and Registers, to any Archbishop, Bishop, Archdeacon, or other ecclesiastical person whatsoever, ought to be made, constituted, ordained, and deputed, by the Kings Majesty onely,( either immediately or mediately) by Letters Patents under the great broad seal of England; not by the Archbishops, Bishops, Archdeacons or other ecclesiastical persons themselves,( unless the King by special Letters Patents authorize them to make and deputy them:) else they can exercise no ecclesiastical jurisdiction or Censures, by the express Statutes of 37. H. 8. c. 17. and 1. Eliz. c. 1. Fourthly, That all Citations and ecclesiastical process whatsoever, and the proceedings in all ecclesiastical Courts, ought to be made in the Kings name onely, and sealed with his seal of arms, as they were in H. the eight and King Edwards dayes, and as the writs and process of the Common-Law are;( that so they may be known to be his Majesties process, and Courts by bearing his superscription and image, the chief b●d●es of his ecclesiastical Supremacy and Prerogative royal) else they are merely void and illegal, neither ought any Subject to submit unto them, under pain of perjury and disloyalty to his sovereign; it being contrary to his Oath of Supremacy and allegiance, and both an admitting of, and submitttng to a fortaigne papal, or domestic episcopal jurisdiction, not derived from his Majesty. Fifthly, That no Archbishop, Bishop, Archdeacon, or other ecclesiastical person hath power to Summon or keep any Visitations, without his Majesties special Writ, and Commission under his great seal enabling and authorizing him; which Cummission ought to be publicly red before all the people at every Visitation, Antiquit. Eccl. Britt. 185. 186. 187. 200. 202. 204. 225. 226. 300. 301. 302. 304. 308. 309. 422. cattle. Cancel. in Academia Cant. Ed. 6. and Eliz. 31 H. 8. c. 10. Fox Acts& Monuments p. 1774. &c. Bishop jewels life before his works, Sect. 25. as the Iudges Commissions are at every assizes and Eyre, that so they may know, they keep their Visitations, onely by the Kings authority. And so much the rather, because Popes and Bishops have usually challenged the right and power of Visiting as due unto themselves alone, though in truth a principal branch of the Kings own royal ecclesiastical jurisdiction, united to the crown, by the express words of the Statutes of 26. H. 8. c. 1. 37. H. 8. c. 17. 1. Eliz. c. 1. 8. Eliz. c. 1. And the Archbishop of Canterbury hath now lately presumed to challenge this power of Visitation in his own metropolitical right, not onely over his Province, but even over the University of Cambridge itself, of which the King onely is Visitor, many of the colleges being of his ancestors foundation, and so exempt as well as his free chaples, from episcopal Jurisdiction, few Archbishops ever visiting it by their mere archiepiscopal authority, without a special Bull from the Pope, before Reformation, and none since visiting it but the Kings alone, and his special Visitors,) as Edward the 6. did in the third, and Queen Elizabeth in the first year of her reign; And our other Prelates partly by custom and example now begin to claim, and ever exercise this power of visiting in their own names, as their own inherent right; whereas no judge or Iustice whatsoever hath been so presumptuous or disloyal, as to keep assizes or Sessions in his own name or right, but in the Kings alone: And if our Prelates and their Officers have no such Commission from the King to visit, keeping visitations in their own names and rights, not his; the Ministers and Churchwardens are bound by their Oath of Allegiance and Supremacy, to resist their visitations; not suffering them to proceed therein, and to refuse their visitation oaths, which they have no Commission authorizing them to administer: else they are directly perjured and disloyal to his Majesty, in 1. Eliz. c. 1 28. H. 8. c. 10. not defending to the uttermost of their power, all ecclesiastical Jurisdictions, privileges, and pre-eminences, granted, united, and apertaining to his imperial crown, as they have promised by their Oath, whereof this of visiting the ecclesiastical State and persons is the chiefest. Now to prove, that Archbishops, and Bishops have no power at all, to visit their diocese, but by special Letters Patents from the King, and in his name and right alone: I should only demand of them this short question; whether this right of Visitation they claim and contend for, belongs to them onely Jure Divino by a divine right, or a Jure Humano, by some human Title? If they say Jure Divino; that certainly is untrue. First, Because Archbishops& Bishops themselves superior ●o, and distinct from Ministers, are not of divine, but mere human right and institution, long after the Apostles times, as I have elsewhere proved: themselves therefore being not of divine right, they can challenge no power of Visitation by a divine Title. Secondly, The instituting of Provinces, diocese, and setting of one Archbishop or Bishops over many Cities. Churches or Parishes as a general Visitor and superintendant over them, is a This all the Archbishop. Bishops and Clergy of England have resolved in their Institution of a Christian man, chap. of Orders, and Archbishop Whitgift, by jewel, Bishop Alley and others elsewhere cited, confess. mere human invention, directly contrary to Gods, and the Apostles institution, who ever placed and instituted many Bishops and Elders in every Parish and City, not one Archbishop or Bishop over many, much less over an whole shire or kingdom. Acts. 14.23. c. 20.17.28. Phil. 1.1. 1. Tim. 5.17. Tit. 1.5.7. 1. Pet. 5.1.2.3. Jam. 5.14. Your Provinces and diocese therefore being directly contrary to Gods and the Apostles institution, your jurisdiction of Visiting them must needs be such. Thirdly, Wee find not in all the Scripture that Christ ever gave any such power of Visitation to his Ministers or Bishops, or to the Apostles themselves, neither find wee one president in all the Bible of any episcopal Visitation( much less of any Visitation, oaths or Articles) kept either by Christ himself, or any of his Disciples, much less by Bishops. How then can that belong to Archbishops or Bishops, Jure Divino, which hath neither precept nor President to warrant it in all the Scripture? True it is, that the Annotations on Act. 15.36. Rhemists would ground this right of Visitation which the Bishops and Archbishops claim as their peculiar inheritance to them and their Successors for ever, on Acts 15.36. And some dayes after Paul said unto Barnabas, Let us go again and VISIT our brethren in every City, where wee have preached the word of the Lord, and set how they do. But this Text is far from the mark they aim at: For first, this word {αβγδ} which the latin Translations render, visitemus, or invisamus, and the English, let us go and visit, doth not signify or import an episcopal or metropolitical Visitation, by way of jurisdiction, authority or correction, but onely a Visitation of charity and love; as is clear, by Acts 7.23. When Moses was full 40. yeares old, it came in his heart {αβγδ}, to visit his brethren, the children of Israel; by Matth. 25.43. I was sick, and in p●●son {αβγδ} and yet visit me not: and Jam. 1.27. Pure religion and undefiled before God is this {αβγδ} to visit the fatherless and widow in their affliction: where the same word is used: by the ordinary acception of the word visit in our own common speech, when one friend or neighbour goes to see another, which wee call a Visitation( whence wee ●ay, I will go and visit, or I have been visiting such a friend, neighbour, prisoner, or sick person;) by the very title and form of the Visitation of the sick in the book of Common-prayer; and by the very last words of the verse; Let us go visit our brethren, and see how they do: Which words, See how they do, plainly resolve this, to be a Visitation onely of love and charity, such as was of Moses Acts. 7.23. or that of Mary who went up into the Hill-countrey to visit her cousin Elizabeth, Luke 1.35. &c. therefore no Archepiscopall or episcopal Visitation by way of jurisdiction. So that the argument hence can be but thus: Paul and Barnabas went to visit the brethren, to whom they had preached, to see how they did; or a Minister may go to visit his Christian friends or neighbours at their houses in love. Ergo Archbishops and Bishops visitations are Jure Divino, and none but they have any divine right to visit. A learned Nonsequitur. Secondly, Wee red of no Visitation oaths or Articles in all this Visitation, set out and delivered to Churchwardens and Sidemen, to present on upon Oath in Paul or Barnabas names; of no Chancellers, Registers, Appariters, Citators, procurations, presentments, suspensions, excommunications, fees of Court, showing of Orders, or licenses to preach or keep a school, &c. as are in all our metropolitical and episcopal visitations: this Visitation therefore can be no president for our Prelates, which hath no affinity with it. Thirdly, These Apostles here went to those particular places onely, where they had formerly preached the gospel, and to no other, visiting none but those. If our Archbishops, and Bishops should do so, their diocese would not be so great, nor their visitations so long, as now they are, yea some of them would ha no diocese at all to visit, unless it were White-hall, or Paul●s-Crosse, or perchance their own Cathedrals, but no one Parish of their diocese, in which they never preached: and some of them should by this account, visit more places out of their diocese then within them. If this Text therefore proves any thing, it is this, that Archbishops and Bishops, must preach the gospel through out every place and Parish in their diocese and Provinces before they go to visit them; and then never an Archbishop or Bishop of them all, could ever keep a Visitation. Fourthly, Paul and Barnabas here intended to visit jointly, not severally, as our Bishops do; they visit in p●rson, not by Proxy or deputy, as our Lord Bishops use; they preached in all places where they visit, which few Bishops do: they went to see and visit their brethren in divers Parishes; they did not sand to divers Parishes, to come to meet and visit them out of their own Parishes as our Bishops now do, who in truth are rather visited by their diocese, then their diocese by them. This Text therefore proves not their Visitations to be Jure Divino. Fifthly, Paul and Barnabas were no Bishops, but Apostles; and this their Visitation was no other then any Minister, Christian, yea woman( and women now are the greatest gadders and Visitors,) may and use as well as they. It therefore proves not, that the right and power of visiting, belongs onely to Archbishops and Bishops Jure Divino, but the contrary, that all Ministers at least( if not other Christians) may visit their brethren and those places, where they have preached, as well as Archbishops or Bishops, if not rather and better, unless they preached more. There being then therefore no divine right, that Prelates can pretend for their visitations, as these reasons prove, and the forecited Statutes expressly resolve; Our Bishops must then claim it( if they have any right to it) either from the King( who 31. H. 8. c 9. 1. Ed. 6 c. 2. first erecte● instituted, and bounded out their bishoprics, conferred them ●n them, and may dissolve them at his pleasure) and therefore they must produce some Patent or Commission for it, and visit onely in his name and right, as I have manifested; which Patent they all want; or else they must claim it from the Pope, whose authority they have ab●ured, which yet I presume they dare not openly do. Therefore they must stick onely to the Kings Title, and do all in his name, right and authority, and then farewell their divine right and inherent episcopal power, which they so much boast of, and contend for even before his Majesties presence. 6. That all the proceedings and censures of our present Archbishops, Bishops, Archdeacons, Chauncellours, Vicars-generall, Commissaries, Officials, Scribes, and Registers, being directly contrary to all the fore-mentioned Statutes, are merely void and illegal; and they all in a See 3.& 4. Ed. 6. c. 11. & brook praemunire 12. 16. 21. 22. H. 8. c. 15. praemunire for the same; And that deservedly, they being as ever heretofore, so now, the greatest and most professed oppugners of the Kings ecclesiastical Prerogative, and the Subjects Liberties; the chiefest persecutors of Gods faithful Ministers and people; and the bitterest enemies to grace piety, the truth and profession of the gospel, as their proceedings anciently in the book of Martyrs, and now present before our eyes, proclaim to all the World; which every faithful Subject by virtue of his forementioned Oath, is obliged to resist, to the uttermost of his skill and power, unless he will prove treacherous, perfidious to his sovereign, betray his Majesties ecclesiastical Prerogative, his own, his Countries Liberties, yea and Religion itself,( which 〈◇〉 some of our Prelates by putting down Lectures, preaching, suspending, silencing the most conscionable Preachers, authorizing Popish Arminian, and Licentious books, allowing all carnal Liberty, even on the Lords own day, and bringing in many Popish Ceremonies, Ornaments, rites and superstitions, openly trample upon, and secretly undermini●●) to the usurping domineering Prelates; who now every where in all kingdoms and Countries combine together to 3●. H. 8. c. 17. engross the rains of government into their own hands, to Lord it over the world itself, both in temporal and civill causes, over Clergy and Laity, and to enslave all men, unto their intolerable yoke of bondage, which is now so heavy here among us, that it makes many to separate from our Church, many to fly the kingdom daily, many to turn Papists, more Atheists; those Puritans( as they term them) who maintain the Kings ecclesiastical Prerogative, being the chief object of their malice and persecution, onely for their love and loyalty to their God, Religion, Prince; their Courts and Prisons being fraught with them, when as priests, Iesuites, Papists walk triumphantly about the streets, and say mass in every Corner, without their questioning or restraint, and I would to God wee could not say with some of their Countenance and encouragement. 7. Finally, Hence it is evident, that all our domineering Prelates ecclesiastical jurisdiction, whereby they are distinguished from Ministers, is merely jure humano, by the grant of the King alone, from whom they ought entirely to derive it; not Jure Divino, as they have now of late most presumptuously and disloyally adjudged it in their High-Commission Court●, in Doctor Bastwickes case; though their very Commission( which derives unto them all ecclesiastical Jurisdiction onely from the King, and that to Lay-Commissioners as well as themselves, reciting the very words of the Statutes 1. Eliz. c. 1.) might( as any reasonable man would deem) have then checked and countermaunded this their enormous and ungrateful censure; directly contrary to that Commission which gave them authority to be his Iudges( unusquisque sui ipsius iniquus judex. though in their own cause) as their just censure manifested. For that jurisdiction which is wholly and originally vested in the King, both by the Law of God and of the realm, and transferrible at his pleasure to what persons soever he pleaseth though no Bishops; and not to any Bishops, but 37. H. 8. c. 17. 1. E. 6 c. 2. 1. Eliz. c. 1. by, from, and under him, when as oft, and for so long time onely as it shall please him, with power of revocation at his pleasure; cannot possibly belong to Bishops, as they are Bishops by any divine right or institution; no nor yet by any temporal right, it resting merely in the Princes power to grant or not to grant such jurisdiction to them at his pleasure, and no injury or injustice to deny it them, as they all jointly confess in their book, entitled, The Institution of a Christian man: Chapter of Orders, dedicated by them to King Henry the eight, and subscribed with all their names, even in the printed Copies. But such is all our Prelates episcopal jurisdiction, as our 26. H. 8. c. 1. 37. H. 8 c. 17. 1. E. 6 c. 2. 1. Eliz. c. 1. 31. H. 8. c. 9. 8. Eliz. c. 1. Statutes expressly resolve. Therefore it is not Jure Divino. Not to mention Quoted by Gersonius Bucerus, Dissertatio de Gubernatione Ecclesiae, by Mr. Swift in his Petition to Queen Eliz. and by Dr. Bastwick, De jure Episcopali. Beda, Archbishop anselm, Ricardus Armacanus, wickliff, Bishop peacock, William Swinderby, The Lord Cobham, Francis Lambert, Master Tyndall, Master John Lambert Martyr, all the Bishops and Clergy of England in their Institution of a Christian man, Bishop Tunstall, Bishop Stokesly, Doctor Harpefeild, Archdeacon of London,, Master John Bradford, Bishop Hooper, Bishop Latimer, Bishop Alley, Bishop jewel, Thomas Beacon, Doctor humphrey Answer to martin, p. 172. Doctor Fulke, Doctor Whitakers, Doctor Willet, Doctor Ayray, Doctor tailor, Fox Acts& Monuments p. 358. 359 360. 210. 414. 430. 432. 434. 439. 518. 522. 552. 599. 625. 971. 972. 981. 1009 1016. 1465. 1856. Master John Fox, Bishop Elmer, Bishop Bullingham, William Turner, roderick Mors, Master Stubs, geoffrey Chaucer, dean Nowell, or any Master Nowell his reproof of Dormans proof, f. 43. 44. 45. Master Whetenhals Discourse, of the abuses now in question. other of our Writers, who affirm, that Bishops and Presbyters, or Ministers, jure Divino, are but one and the same, both in order, power and Jurisdiction; that Bishops are not superior to Ministers jure Divino, but onely by human Institution, and condemn the lordliness of Prelates; Nor yet to remember that memorable saying of our worthy learned Martyr In his works, p. 220. See a Supplication to King Henry the 8. An. 1544. Doctor barns, That he would never believe, or could ever believe, that one man by the Law of God may be a Bishop of two or three Cities, or of an whole Country; for that is contrary to the Doctrine of saint Paul, who commanded Titus to ordain many Elders in every City, not one Elder over many Cities, Tit. 1.5. Archbishop Whitgwifte himself, p. 383. and Defence of the Princes supremacy, p. 359. 926 259. Doctor Bridges, Bishop of Oxford( the greatest Sticklers for the Prelacy) confess, that by Gods word, a Priest and a Bishop are all one; and the later of them, writing against the Papists, in defence of the Princes Supremacy justifieth Aërius and the Protestants therein out of Hierom, Peter lombard, Durand, and the Institution of Colen; And yet the self same men, and their Disciples writing against Master Cartwright and the Puritans, as they phrase them, make it Bishop Bridges Defence of government, p. 281. 373 448. &c. Bp. Whitgift, p. 408. Doctor Sutcliff Engl. Treatise, p. 68. Bishop Bancrosts Ser. p. 18. Admonition against Martyr Marc. Prelate, p. 44. heresy to believe and teach upon Epiphanius his bare authority( who censures this for heresy in Aërius) though Isidor Hispalensis, and Causa. 24. Quest. 3. Gratian do not so much as mention it, among his other heretical or erroneous opinions, nor any one ancient counsel Father, or Author else, so much as tax● it for an Error, much less an heresy,( which it cannot be) when as it is in truth, the resolved Doctrine of our Church, our Statutes, Martyrs, Writers, and of our Prelates themselves; who in this very point are arrant Puritans, when they writ against the Papists;( who to maintain the Popes Supremacy jure Divino, are enforced to deny the parity of Bishops, and Ministers by divine Institution, witness See the Petition to Queen Eliz. p. 22. Bellarmine, Turrian, Dure, Spence, Stapleton, Saunders, bristol, the Rhemists, Espenseus Mauritius de Alzedo Nicholaus le master, and other popish Writers) but professed Papists herein, when they writ against the Puritans, to maintain their own domincering Antichristian Hierarcy, which else would fall unto the ground: A pretty trick of episcopal Legar-demaine, which makes their Title Jure Divino, very suspicious. Now that this their episcopal jurisdiction and Authority, wherein they differ from ordinary Ministers,( to wit, their Dioces, Consistories, Institution and induction of Ministers, Consecration of Churches and Churchyards, Excommunication, deprivation, suspension, and all other ecclesiastical Censures, probate of Wills, granting of administrations, and the like) is not Jure Divino, but onely from the Kings Grace, and grant, by special Letters patents; is the express resolution, not onely of the Statutes of 26. H. 8. c. 1. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. forecited, but likewise of sundry Letters patens, made to Bishops themselves, some 3. or 4. of which I shall onely recite, which will put this controversy out of all farther question. In the year of our Lord 1535.( being the 26. year of King Henry the 8. reign) both the Archbishops, all the Bishops, Archdeacons, deans and other Clergy men, exercising ecclesiastical Jurisdiction( upon the making of the Statute of 26. H. 8. c. 1. which abolished all their inherent ecclesiastical jurisdiction, and restored, and united it to the crown,) were enforced to Petition the King for special Licenses, under the great seal, to keep Consistories, visitations, exercise ecclesiastical Jurisdiction and Censures in his name, right, Stead, Authority, and to make Chauncellours, Commissaries and Officials: which Licenses granted to them the same year, in the month of October and November, and er●cred in their own Registers, run in this maner. Henricus Dei gratia, &c. Cum OMNES IVRISDICENDI AVTHORITAS ATQUE jurisdictio, tam illa QUAE ECCLESIASTICA dicitur, quam secularis. AREGIA POTESTATE, VELVT A SVPREMO CAPITE ac omnium Magistratuum infra regnum nostrum font ac scaturigine EMANAVERIT, Sanè illos qui Iurisdictione hujusmodi ante haec non nisi praeclare fungebantur, officium hujusmodi sic iis EX LIBERALITATE REGIA INDVLITVM gratis animis agnoscere, IDQVE REGIAE MAGNIFICENTIAE SOLVMMODO ACCEPTVM refer EIQVE quoties regiae Majestati videbitur, libentèr cedere convenit, &c. Nos tuis in hac parte SVPPLICATIONIBVS HVMILIBVS INCLINATI,& nostrorum subditorum necessitatibus consulere cupientes, TIBI VICES NOSTRAS, SVB MODO ET FORMA INFERIVS DESCRIPTIS COMMITTENDAS FORE, TE QVE LICENTIANDVM ad idoneas personas constituendas, AD EXEQVENDA EA QVAE AD ECCLESIASTICAM IVRISDICTIONEM SPECTANT, oportunum duximus, &c. Upon these Licenses( which plainly resolve; that all episcopal and ecclesiastical Jurisdiction is originally derived from the King alone, as from the supreme head and fountain; and that the Bishops received it ONELY, from the Kings royal Liberality and Magnificence, who may freely revoke and take it from them at his pleasure, as oft as he thinks meet, and likewise determine, that Bishops in the execution of it are but the Kings mere Deputies, doing all in his stead and right, in such form and maner as he shall prescribe them by his Letters Patents, so as they cannot make any Officials, or Commissaries to exercise ecclesiastical Jurisdiction under them, but by the Kings special licence;) the style of the Bishops in all their process, Citations, and Mandates was this: N. Episcopus: L. per Illustrissimum in Christo Principem Henricum Octavum Dei gratia Angliae, Franciae& Hiberniae Regem, Fidei Defensorem,& in terris Ecclesiae Anglicanae& Hiberniae supremum Caput, ad infra scripta legitime ET SVFFICIENTER AVTHORIZATVS, or Fox Acts& Monuments p 1294. 1405. REGIA AVTHORITATE FVLCITVS. Which form of process( ratified by the Statute of 1. Ed. 6 c. 2.) continued till the Statute of 1.& 2. Phil. and Mary c. 8. and Queen Maries Letter to her Bishops thereupon, to expunge the clause of Regia authoritate fulcitus. Which Statute being now repealed by 1. Eliz. c. 1. and the ecclesiastical Jurisdiction as fully, entirely, and in as ample maner united to the crown, by the express words of that Act, and of 5. Eliz. c. 1. and 8. Eliz. c. 1. as ever it was in King Henry the eight, or Edward the sixth, and the Statute of 1. Ed. 6. c. 2. revived by 1. Jacobi. c. 25. Why our Bishops should not take the like Patents and Licenses, and make out their process and Citation now adays in the Kings name, as they did then? I cannot divine. After this King Henry the eight, in the 37. year of his reign granted this ensuing Patent to the Not Lord Bishop no writ or Patent styling them so: though they thus style themselves. Bishop of Oxford, enabling him by himself, or his Officers, to exercise episcopal jurisdiction granted to him by the same, as merely human, not divine: 37. H. 8. in the rolls, pars. 2. Henry the eight &c. To the Right reverend Father in God, our right, trusty and well-beloved Robert, Bishop of Oxford greeting. Whereas in the late surrender of the Cathedrall Church of Oxford, made by you and the dean and Chapter of the same upon our request and commandment, upon certain causes us moving to translate the same into a more convenint place, within our City of Oxford, you among other things, have also yielded up and Thus Egelricus Bishop of Duresme giving over his bishopric; Suum annulum, resignavit Ingulphi Historia, An. 105, p. 907. surrendered into our hands ALL YOUR JURISDICTION appertaining to you by reason of the same. Wee therefore nevertheless not minding thereby to abolish or abridge your Jurisdiction in any part GRANTED BY US TO YOU, and your Successors, in the first erection of your bishopric there, have GIVEN AND GRANTED, AND BY THESE PRESENTS do GIVE AND GRANT UNTO YOU FULL POWER AND AUTHORITY, as well, TO PRACTISE, EXERCISE AND EXECUTE; either by yourself, OR ANY OTHER OFFICER OR OFFICERS, ALL AND ALL MANNER OF JURISDICTION, POWER AND AUTORITY, appertaining to your bishopric,( to wit, by virtue of the first Patent which erected it) within the diocese of Oxford; as also to proceed to the deliverance of such convict person or persons, as are now committed, or shall hereafter be committed to your ward and custody; and to the Consecration OF CHURCHES AND CHURCH-YARDS within the said diocese, as the cause and necessity therein shall require; in as amplewise and maner as you heretofore have done, or any other BISHOP in his diocese within this our realm, may do, BY VERTUE OF ANY GRANT OR grants MADE BY US UNTO THEM, OR ANY OF THEM, IN THAT behalf. The Statute of Martmon● or any other Statute or Statutes made to the contrary thereof in any wise notwithstanding; in witness whereof, &c. witness the King at Westminster, the ninth day of June, in the 37. year of our reign over England &c. Per ipsum Regem, &c. For the understanding of the true meaning of this Patent, know; that Godwines Catalogue of English Bishops, p. 491. 492. King Henry the eight, An. 1541. being the 34. year of his reign, erected the bishopric of Oxford by his Letters Patents, making the Church of the abbey of Oseney the Cathedrall Church and episcopal See of that bishopric, entitling it, Ecclesia Beatae Mariae De Oseney; creating Rober● King, the last Abbot of that house, by these his Letters Patents, first Bishop of this See. About 5. yeares after, to wit, An. 1546. the King thought meet to translate the See from Oseney Abbey, unto cardinal college,( since called Christ Church) then newly erected by cardinal Woolsey, whereupon the first Patent erecting the bishopric at Oseney abbey was surrendered, and by another Patent the Bishops See, translated to Christ Church college; wherein the King placed a Bishop, a dean, 8. Prebendaries, a quire, and other Officers, besides a hundred Students to be maintained in the same, enstiling the Cathedrall; Ecelesia Christi Cathedralis Oxon. ex fundatione Regis Henrici Octavi; upon which Surrender this Patent of licence was granted by the King to the Bishop of Oxford. From which I observe. First, that all the episcopal Jurisdiction, which our Prelates do or can challenge, is derived onely and immediately from the King, by his Letters Patents, and resignable onely into his hands. Therefore not received by Bishops immediately from God, nor due unto them Jure Divino, for then it could not be surrendered back again into the hands of men. To make this more perspicious, consider, that every Archbishop and Bishop here in England, received two things of different natures from two several sorts of persons. The First, is his bishopric and episcopal Jurisdiction thereto annexed, this he receives merely from the King by Letters Patents, as the precedent and following Patents manifest, and the Statutes of 1. Ed. 6. c. 2. 37. H. 8. c. 17.& 8. Eliz. c. 1. resolve. The second is his episcopal Ordination and Consecration, this he receives onely from the Archbishops or Bishops, who ordain and consecrate him onely by virtue of and upon the Kings Letters Patents directed to them; By the first, he hath power to admit, institute, and induct Ministers to livings, to keep Consistories, Visitations; inflict ecclesiastical Censures; hold plea of ecclesiastical causes; prove Wills and Testaments, grant Letters of Administration, consecrate Churches, Churchwards, and the like, if the Kings Patents to him, grant him such power, otherwise not: See the book of Ordination of Ministers and Consecration of Bishops. By the second he hath power to preach Gods word, administer the Sacraments of baptism and the Lords Supper, red divine Service in the Church, and( with the consent and assistance of others of his Clergy) to ordain Ministers and Deacons, which every Minister, as the When this prayer is done the Bishop, with the priests present, shall lay their hands severally upon the head of every one that received orders. book of Ordination of Ministers, confirmed by 2. Eliz. c. 1 3. E. 6. c. 12 5.& 6. E. 6. c. 1. Act of Parliament, and the C●●mons testify, may do as well as he. The Canon. 35. first of these is not Jure Divino( they being not granted nor united to Bishops or bishoprics by any one Text of Scripture,) and therefore are derived merely by Letters Patents from the King. The second are incident to 1. Tim. 3. Titus 1. See the book of Ordination of Ministers and Consecration of Bishops accordingly. a● Bishops and Ministers alike, by divine institution, as the main● essential parts of their ministerial and episcopal function: and therefore not derived from the King by Patent, but received by imposition of hands, consecration, and ordination from Bishops and other Ministers. Many Bishops and Ministers have wanted, and still do want the first, and yet have been and are 10. E. 3. a. 25. Ass. 8. cook 3. Report. 75. b. 1.& 2. Phil. and Mary c. 8. Hierom. in Tit. C. 1. jewels Def. of the Church of England c. 3. Divis. 5. complete Bishops and Ministers, Acts. 20.17.28. Phil. 1.1. Tit. 1.5.6.7. 1. Tim. 3.1. to 9. 1. Pet. 5.1.2.3. But all of them equally enjoy the ●●●st by divine institution, without which they are altogether incompleate. The first of them may be resigned into the Kings hand, from whence it is wholly derived, as this Charter testifieth: the second cannot be surrendered into the hands of men, because originally derived from God. True it is, men that so abuse it, as to make themselves unworthy of the Ministry, may be deprived of it by the King, and such Commissioners, as he shall authorize; but they cannot resign, transfer the same to any, as they may do the first. The first, they may execute by themselves, or their Officers, onely; if the King authorizes them, so to do, as he doth in this Patent: The second they must discharge and execute in person, See Bishop Latimers Serm. of the Plough, Bp. Hoopers, Bp. jewels, Master Tyndals and others Passages against Non-residents and Pluralities transcribed by Master Whethenhall in his Discourse of the Abuses now in question, p. 123. 129 138. 146. 152. 156. 160. 168. 169. 172. 174. Fox Acts and Monuments p. 1020. 294. 304. 305. not by a Deputy or substitute; because God enjoins it, Acts 20.28. 1. Cor. 9.16.17.18. Matth. 28.19.20. Mar. 16.15. Col. 4.17. 2. Tim. 4.1.2.5. 1. Tim. 3.1. 2. Rom. 12.6.7.8. Ezech. 34.2.3. John. 10.3.4.5.14. Jer. 23.4. c. 3.15. It is most apparent therefore that this first( wherein Bishops onely differ from ordinary Ministers) is not Jure divino, what ever they pretend to the contrary. Secondly, It is apparent by this Patent, that no Archbishop, Bishop, or other ecclesiastical person, can, or ought to execute, exercise, or practise any ecclesiastical jurisdiction, power, or authority, either by himself or his Officers, but by virtue of some grant and special Patent made to him in that behalf, by the King: the sole cause why Bishops in those dayes took such Patents and Licenses as these. Why then should they exercise and execute any ecclesiastical jurisdiction in their own names without such Licenses and Patents, now? Is it, because Bishops have more ecclesiastical jurisdiction, now Jure divino, then their Predecessors had then? Or because, Bishops in these dayes usurp much more upon the King and crown, and shewlesse dutifulness to their Soveraingne, then they did in that age? Or is it, because our present sovereign hath less ecclesiastical jurisdiction then King Henry the eight? The first, it cannot be, for Gods Law was then the same it is now. The last it cannot be, since the Statutes of 1. Eli. c. 1. ●. Eli. c. 1.& 8. Eli. c. 1. resolve, that the King hath as large and ample an ecclesiastical Jurisdiction both by Law and inheritance, as King Henry the eight, or King Edward the 6. The second therefore must be the true cause. I shall conclude with the Letters Patents of King Edward the 6. to Bishop Ridly, Hooper, Ponet, Scorye, Coverdale, and other Bishops created during his reign, grounded upon the Statute of 1. Ed. 6. c. 2. one whereof made to Miles Coverdale, Bishop of Exeter, I shall onely recite for example sake, the other, being of the selfsame form, and agreeing with it word for word: An. 5. Ed. 6. pars 1 in the rolls Scoryes and Ponets Patents are in this same Patents roll, and almost Verbatim with this. Rex om●nibus ad quos &c. salutem. The King to all to whom these presents shall come greeting. Whereas the bishopric of Exon is without a Bishop, and is destitute of a fit Pastor, by the free resignation of John late Bishop of that place, and doth by right belong to our Collation and donation. Wee willing to collate another fit person to the bishopric aforesaid, and judging our wellbeloved Miles Coverdale, Professor of Divinity, for his singular learning in the Scriptures, and for his most approved manners, wherewith he is endowed, to be a fit man for the place and Office aforesaid: know ye therefore, that wee of our special grace, and certain knowledge, and mere motion, have conferred, given and granted, and by these presents do confer, give and grant to the foresaid Miles Coverdale the s●●d bishopric of Exon: and wee translate the same Miles to the bishopric of Exon, and wee nominate, ordain, make, create, declare, and constitute by these presents the same Miles, Bishop of Exon, and of Exeter diocese: to have and to hold, execute, and enjoy the said bishopric of Exon to the same Miles, during his natural life, together with all Lordships, manners, Lands, Tenements, hereditaments, possessions, and rights, as well spiritual as temporal, and all other profits, commodities, emoluments, offices, dignities, authorities, pre-eminences and Jurisdictions whatsoever, to the said bishopric, and pastoral office, of the same now belonging, appertaining, or incumbing. And wee will, and by these presents grant to the said Miles now Bishop of Exon, that he may lawfully, freely, and quietly, be able lawfully to ordain and promote, whatsoever sit Clerkes wheresoever born within the said diocese of Exon, and others in that part, lawfully dismissed and licenced to all lawful and Presbyterall orders, and those so presented to admit to ecclesiastical benefice whatsoever, within the said diocese and Jurisdiction being, and lying in the bishopric of Exon, and in, and of the same to institute, invest; and if he shall find them not fit, to deprive them of their ecclesiastical function, and to remove them from the same, and also to confer and bestow whatsoever, benefice, Dignities, and ecclesiastical Promotions, belonging and appertaining to the collation and disposal of the said Bishop of Exon; to prove last Wills and Testaments of all deceased whatsoever within the said diocese and Jurisdiction of the bishopric of Exon, and the administration of whatsoever goods of the same diocese and Jurisdiction, of such as die intestate, or by way of intestation, to insinuate and commit, and sequester the goods of the said deceased in cases promitted by Law, and to inquire and take an account and reckoning, and to do all other things necessary in that behalf, and to hear, dispatch, take notice, and examine causes, quarrels, and whatsoever businesses belonging and appertaining to the ecclesiastical Courts, and to the said Bishop, by way of complaint, or appeal, or otherwise to be devolued, as well at the instance and petition of the parties, as of office, simplo, mixed or promoted, and to discuss, decide, determine, and finish those things and causes with their incidences, emergencies, dependencies, annexes, and connexes whatsoever, also to visit the Cathedrall Church of the City and diocese of Exon, and the whole Clergy and people of the same, as well in the head as in the members, as often, and when there shall be need, and it shall seem expedient; and to inquire of, and upon whatsoever crimes, excesses, and delinquencies, belonging to the ecclesiastical Court, within the said diocese of Exon, and Jurisdiction of the said bishopric of Exon, committed and perpetrated; as well Ex officio simplo and mixed, as promoted; and duly to correct, reform and punish, whatsoever delinquents, or criminal persons, by ecclesiastical Censures, and other lawful remedies of ecclesiastical Jurisdiction, and to deputy and place any Officials-Commissaries, and other Ministers whatsoever for the due execution, exercise and expedition of the premises, and all other and singular things in the premises, or any of them, or any thing necessary or any way fit concerning them, ●nd all other things whatsoever any way respecting; tending and concerning the authority, power and Jurisdiction ordinary, and episcopal and pastoral offices, Praeter& ultra ea quae ipsis divin●tus concessa esse dinoscuntur; Besides and beyond those things which are known to be committed unto them from God, out of the sacred Scriptures, to execute, exercise, do, dispatch and commit to execution, See Fox Acts and Monuments p. 1294. 1405. 'vice, NOMINE, ET AUTHORITATE NOSTRIS REGIIS, in our royal stead, name, authority, &c. In witness whereof &c. witness the King at Westminster, the 14. day of August, in the fifth year of the reign of King Edward the 6. of England, &c. By a Writ of privy seal, and the Date aforesaid, by authority of Parliament. From this Patent( and sundry others of this form) it is apparent, that the Bishops power to ordain, and institute Ministers to Churches, to keep Consistories, and ecclesiastical Courts, to hold plea of ecclesiastical causes, to inflict ecclesiastical Censures, to keep Visitations, and to inquire of such offences as deserve their Censure without Oath,( for this, nor any other Bishops Patent gives them no power to administer an Oath in such causes,) to prove wills and grant Letters of administration, deprive or suspend Ministers, and the like, is derived to them onely from the King, and not Jure divino, by any divine right: that Bishops ought to have these jurisdictions granted to them by the Kings Letters Patents under the great seal, and that they ought to keep their Courts, Visitations, and make out all their process, onely in the Kings name, and right, as his Officers and Visitors onely, under pain of usurpation, and a Praemunire; which they neither do, nor are willing to do,( as appears by the Archbishops late contest the 21. of july 1636. before the King himself at Hampton Court, where the sole question was, whether the Archbishop by his own episcopal authority, without any special Commission from his Majesty, and in his name and right alone, as his Visitor, should visit the University, which none of his Predecessors since the beginning of Reformation had done before him? which cause miscarried for want of true reformation of his Majesties right, See Fox Acts and Monuments p. 1405. 1294. but proceed onely by their usurped power and authority. Bishop jewel in his Sermon on Psalm. 69. p. 190. records, that Pompeius a Gentl. of great wealth and notable courage did build a Theatre, such a one as before had not been, which would contain 25000. men, contrary to the Proclamation and Order taken; but doubting lest the next Magistrates should destroy it, Tertullian de Spectaculis. l. 1. he caused a place of religion to be set upon it, and called it the Temple of Venus. Whereby he provided, that if any would overthrow it, because it was a Theatre, they might yet spare it for the Temples sake; For to pull down a Temple was sacrilege. Even so there have been Proclamations and Canons( saith he) that no man should be called the chief, or head of all Churches, or usurp such authority over others; but when the Pope built up his Supremacy against the meaning of such Canons, he pretended religion for his doing, he said he was de jure Divino, that no man should presume or attempt against it, and that so his power might continue for ever. just so our Prelates, imitating the Pope in this his stratagem, and well knowing, that by the Doctrine of the Scriptures, Fathers, and the forecited Statutes, they have no greater authority or jurisdiction then Ministers, and that all their episcopal jurisdiction& authority above ordinary Ministers, is derived only from the King and human institution, and so subject to be revoked or restrained at the Princes pleasure; do therefore labour, to build their pretended episcopal jurisdiction and authority upon divine institution, against the meaning of the Scriptures, Fathers, and foresaid Statutes, and publicly teach and define, that it is Jure Divino, that so no man should presume or attempt against it, though they most intolerably abuse it, and that this their extravagant usurped power might continue for ever, to oppress Gods Church and People. Since therefore our Prelates are such notorious usurpers, both upon the Kings ecclesiastical Prerogative and the Subjects Liberties, I shall conclude the first pa●t of this Breviate, with the saying of Pope Gregory Gratianus, Can. 11. Quaest. 2. Bishop jewel, Reply to Harding, Art. 4. Divis 53. p. 234. Privilegium meretur amittere, qui abutitur potestate: he that abuseth his authority, is worthy to loose his privilege, and that Decree of Pope silverius, inserted into the by of the C●●●on Law,( which the Bishops themselves now so much endeavour to advance) Causa. 25. Quest. 2. Sic decet: ●Etiam quod habuit amittat, qui quod non accepit usurpat; he that usurpeth that which he hath not received( as our Bishops have done, and daily do) let him loose that he hath formerly enjoyed. To end all; In the Let any of the Common Prayer book, there was this prayer used in King james time, for the queen, Prince, and the King and queens Children; almighty God, which hast promised t● be a Father of thine elect, and of their Seed, wee humbly beseech thee to bless our gracious queen Anne, Prince Charles, &c. Our Prelates( who have been tampering which In the Epistle on Palme-Sunday, all the books before, 1629. read the texts truly: That IN the name of Iesus every knee should bow, &c. Master Cosens( I know not by what Authority) to patronise the Ceremony of bowing at the name Iesus; An. 1629. turned it into, AT the name, since which it hath been so printed: though this translation be contrary both to the greek and latin, and neither good English, nor sense. corrupting, expunging the book of Common Prayer itself, though confirmed by Act of Parliament, contrary to the Statute of 1. Eliz. c. 2.) out of their hatred and despite to Gods election and elect, and their unparallelled undutifulnes, disloyalty and contempt to his Majesty and his seed, have expunged this passage, ( which hath promised to be a Father of thine elect and their seed) out of all our late printed Common Prayer Books, as if his Majesty, his royal comfort, Prince Charles, and the King and Queens other Children were none of Gods elect, nor God their Father. A thing worthy special observation and detestation, agravating and adding weight to all their former presumptuous encroachments upon, and Rebellions attempts against his Majesties royal crown and dignity. Since therefore they thus implicitly deny God to be a Father, both to the King, the Queen and their Seed; and expunge them out of their Catalogue of Gods elect, depriving them hereby not onely of their royal temporal crown here, but of their eternal crown of Glory hereafter, by their own episcopal usurped domineering power, his Majesty, with his royal Consort and Seed; can do no less by way of right, and retaliation, then forthwith discord them from being any longer any ruling Fathers, in or elected swaying Prelates of our Church, making the whole pack of them See Bishop Latymers 2. and 4. Serm. before King Edward the 6. Quondams, and reducing them to a parity with their Brethren Foro Humano,( whom Jure Divino, they ought not to exceed either in power or jurisdiction;) till they shall publicly aclowledge these their notorious usurpations on their knees, and satisfy his Majesties Iustice for them to the full as they well demerit; there being none such desperate professed public enemies, rebells, underminers to his Majesties crown and ecclesiastical Prerogative, his laws, his Subjects, republic, Religion, Iustice, Grace, and all good men, as they, as the premises evidence, and the second part of this short Breviate will more largely manifest, to which I now proceed in order. Their Encroachments upon the Subjects Liberties. THe Statute of See Rastals abridgement Tit. Accus. And the Petition of right 3. Caroli. Magna Charta( 39. times confirmed in Parliament) cap. 29. enacts; that no freeman shall be taken, imprissoned or disseissed of his freehold, or liberties, or free customs, or out-lawed, or exiled, or any otherwise destroyed, neither shall wee pass upon him, nor condemn him, but by lawful Judgement of his peers, OR BY THE LAW OF THE LAND. That the Bishops and High Commissioners have no power at all to fine, or imprison, or arrest and attach men by pursuivants, as now they daily do. The Statute of 5. Ed. 3. c. 9. ordains, that no man from henceforth, shall be attached for any accusation, nor forejudged of life, nor limb, nor his lands, tenements, goods, nor cattels, seized into the Kings hands, against the form of the great Charter, and the Law of the Land. The 5. Statute of 25. Ed. 3. c. 4. prescribes; that from henceforth, none shall be taken by Petition or suggestion made to our sovereign Lord the King, or to his counsel, unless it be by indictment, or presentment of good and lawful men, where such deeds be done, in due maner, or by process, made by writ original at the Common Law; nor that none be put out of his franchises, nor of his freehold●, unless he be duly brought into answer, and forejudged of the same, by way of Law. And if any thing be done against the same, it shall be redressed, and holden for none. The Statute of 28. Edw. 3. c. 3. Provides, that no man of what estate or condition that he be, shall he put out of Land or Tenement, or taken, or imprisoned, or disherited, or put to death, without being brought into answer by due process of the Law. The Statute of 37. Edw. 3. c. 18. complains, That though it be contained in the great Charter, that no man be taken, imprissoned, or put out of his freehold, without process of the Law, nevertheless, divers people make half suggestion to the King himself, as well for malice, as otherwise; whereby the King is often grieved, and divers of the realm put to great damage, and loss against the form of the great Charter, wherefore it orders, that all they, that make such suggestions, be sent with their suggestions, before the chancellor Treasurer, and his great counsel, and that they find surety to pursue their suggestions, and to incur the same pain, that the other should have had, if he were attained, in case that his suggestion were found evil, and that the process of the Law be made against them without being taken or imprissoned against the form of the said Charter. The Statute of 38. Edw. 3. c. 9. thus seconds the former Statute, As to the Article made at the last Parliament of those that make grievous complaints to the King himself; It is assented, that if he, that maketh the complaint, cannot proof his intent against the Defendant, by the process limmited in the said Article, he shall be commanded to prison, there to abide, till he hath made good to the party of his damages and of the slander, or that he hath suffered by such occasion, and after shall make fine, and ransom to the King, and the point contained in the same Article, that the plaintiff shall incur the same pain, which the other should have, if he were attained,( in case that his suggestion be found untrue) shall be taken away. The Statute of 42. Edw. 3. c. 3. concludes thus; To eschew the mischiefs and damage, done to divers of the Commons, by false accusers, which oftentimes have made their accusations, more for vengeance and singular profit, then for the profit of the King, or of his people; of which accused persons, some have been imprisoned, and others caused to come before the Kings counsel by writ, and otherwise, upon grievous pain against the Law. It is assented and accorded for the good governance of the Commons, that no man and put to answer without presentment before Justices, or thing of record, or by due process, or by some writ original, according to the old Law of the Land, and if any thing from henceforth be done to the contrary, it shall be void in the Law, and holden for E●ror. All these recited Statutes, are mentioned and ratified, as the undoubted laws and Liberties of the Land, by the late Petition of right 3. Caroli. The famous Parliament held at matthew Paris. Hist. mayor. p. 96. 97. Clarendon, An. 1164. under King Hen. the second, subscribed and sworn to by Becket himself, and all the Prelates, Abbots, Clergy, Nobles, Barons, and Commons of England, as the undoubted Law, and the custom of the Land, to be inviolably observed, enacted among other things, that Lay-men ought not t● be accused in the presence of the Bishop, unless it be per certos& legitimos accusatores& Testes: by certain and lawful accusers and witnesses. And that excommunicate person ought not to give caution to remain, nor yet to give an Oath, when they are absolved, &c. The Statute of 25. H. 8. c. 14. recites: That it standeth not with the right Order of Justice, nor good equity, that any person should be convict, and put to the loss of his life, name, or goods, unless it be by DUE ACCUSATION AND witness, or by presentment, verdict, confession, or process of out Lawry; since by the laws of the realm, for treason committed to the peril of the Kings most royal Majesty, upon whose safe●y dependeth the whole Wealth of this realm, no person can no way be put to death, but by presentment, verdict, confession, or process of out lawry, Note. wherefore it is not reasonable, that any Ordinary, by any suspection, conceived of his own fantasy, without due accusation or presentment,( to wit, by a full jury upon Oath) should put any subject of the realm, to the infamy or slander of heresy, to the peril of his life, loss of name, or goods; in consideration whereof it enacts, That every person or persons, being detected thereof, BY TWO LAVFVLL WITNESSES AT THE LEAST to any Ordinaries of this realm, having power to examine heresies, shall and may after every such accusation and presentment, AND NOT OTHERWISE, NOR BY ANY OTHER means, be cited, convented, arrested, taken or apprehended by the said Ordinaries, or any other the Kings Ministers, and subjects whosoever. And the Statute of 1. Eliz. c. 1.( which erects the High-Commission,) enacts, that no man shall be indicted, or arraigned for any offence against that Law, but by TWO SUFFICIENT WITNESSES at the least, and that viva voice, face to face, if they be alive, or within the realm. The Statute of 2. H. 5. c. 3. enacts: That forasmuch as divers of the Kings liege people, be daily cited to appear in the spiritual Court, before spiritual Judges, there to answer to divers persons, as well of things as touch freehold, debt, trespass, covenants and other things, whereof the connsans pertaineeth to the Court of our sovereign Lord the King, as of matrimony and testament, and when such persons so cited, appear, and demand a lible of that, that against them is surmised, TO BE INFORMED TO GIVE THEIR ANSWER THERE, or otherwise purchase a writ of our sovereign Lord the King, of Prohibition, according to their case, which lible is to them denied by the said spiritual Judges, to the Intent, that such persons should not be aided by any such writ, against the Law, to the great damage of the persons so impleaded: That therfore from thenceforth the Lible should be granted and delivered to the party, WITHOUT DIFFICULTY,( and that before any Oath given to answer it) and in case it be refused, a 4. E. 4. 37 Prohibition 8 Fitz. Nat. Brevium. f. 43. E. Against ex officio Proceedings. Prohibition lies upon this Statute, as hath been oft adjudged. By all these Statutes it is clearly re●olved. 1. First; That no man ought to be cited, prosecuted, or proceeded against merely Ex officio, without a sufficient prosecutor assigned, able to render sufficient damages to the Party prosecuted, in case he be acquitted. 2. Secondly, That no man ought to be cited, convented, None to be arrested by any spiritual or temporal judge, no not for heresy upon bare suspicion. arrested, or apprehended for heresy( much more then inferior and petty ecclesiastical crimes) upon suspection, or malice onely: nor 1. H. 7. c. 4 31. H. 8. c. 14. 23 Eli. c. 1. 35. Eli. c. 1. 3 jac. c. 3 Against ex officio oaths. unless he be first either presented and indicted thereof upon Oath, by a verdict of 12. sufficient men, or lawfully accused and detected thereof by two lawful witnesses at the least. 3 Thirdly, That no man ought by Law to be forced by Oath or answer to Articles to accuse himself, in any criminal causes, which concern either his life, liberty, loss of goods, or freehold; but ought to be convicted by witnesses, presentment, or the verdict of 12. men upon Oath; or by his own voluntary confession, without Oath or coaction. Against pursuivants and Intimations. 4. Fourthly, That no mon ought to be cited, or brought into answer, but by due process of Law, and according to the old Law of the Land; therefore not by pursuivants, or intimations. Against ex officio, oaths and putting men to Answer, before they have a copy of their Articles. 5. Fiftly, That no man ought to be put to answer, or take any Oath to answer in any ecclesiastical Court, before he hath a copy of the lible; or Articles against him; and that this lible ought to be granted and delivered to him, without any difficulty, that so he may either demur, answer, or bring a Prohibition, as his cause shall require and advice with his council, how to frame his answer, or demur legally for his best advantage, and security as he doth in all Courts of Law and equity. Against Excommunications for breach of Canons, not ratified by Parliament and Imprisonment by the Prelates. 6. Sixthly, That no man ought to be outed, or deprived of his freehold, goods, chattels, or exiled, outlawed or excommunicated( for every See Fitz. and brook, Tit. Excommengment, Littleton, Sect. 193. and cook Ibidem. excommunication is an outlary, because it disables a man to sue, and may be pleaded in bar of his action at the Common Law, yea and an exile to, from the Church and society of the faithful;) nor otherwise destroyed or condemned, nor yet fined, or imprisoned, but by the Law of the Land; that is, by the Common and Statute Law, of the realm; not by any ecclesiastical laws, Canons or Constitutions, not ratified by the King and Parliament; and that by the lawful judgement of his peers, not by ecclesiastical Iudges or Commissioners; which can neither impose a fine on any man, nor deprive him of his freehold, nor yet imprison, or lay any pecuniary mulct upon him, as the marginal Artic. clear. c. 1. 2. 3 4. 2. R. 2. c. 5. 2 H 4. c. 15 2. H. 5. c. 7. 1. Eliz. c. 2. 5. Eli. c. 21. 23. 5.& 6. Ed. 6. c. 3. Register part. 1. f. 267. a. part. 2. f. 45 49. 50. b. 57. b. 52. 55. a. 56. a. 57. b. 59. a. 66. a. 67. b. 71. b. 99. a. Fiz. Nat. Brev. f. 51. K. 52. F. 53 a. 11. H. 4. 88. 20. E. 4 10. b. 22. E. 4. 20. 22 Ass. 70 Consultation. 57 Prohition 30 25. H. 8. c 14. 21. statutes and Lawbookes resolve; but onely in case of heresy and incontinency of priests; in which two cases, and no other, they are enabled to imprison by two late 1. H. 7. c. 4 25. H. 8. c. 14. Against ex officio, Proceeds without a Prosecutor. statutes; whereas at Common Law, they could imprison in no case; neither can they now impose a fine in any case, either by the Common or any statute Law. 7. seventhly, That all proceedings, censures, excommunications, oaths, fines, imprisonments, contrary to these statutes, are merely erroneous, and void in Law, and ought to be redressed and holden for none. Yet notwithstanding all these just and equal statutes for the Subjects ease and benefit, our usurping domineering Prelates, both in their Consistories and Visitations,( but especially in the High-Commissions,) oppress and grieve his Majesties good Subjects, in all and every of these particulars, contrary to the express Letter and provision of these reiterated laws. 1. First, In citing, prosecuting, and proceeding against men, merely ex officio, upon bare superstitions, rumours, fames,( and oft-times out of mere malice,) without any sufficient accuser, or prosecutor assigned to satisfy damages to the parties unjustly vexed. And if any prosecutor be assigned( as many times there is not, neither in the High-Commission, nor their Consistories, it is commonly some apparitor, proctor, or proctors man, onely pro forma; or some officer, or well-willer to the Court; so that if the parties be accquitted, yet they shall either have no costs at all allowed them, or very small, as experience witnesseth; and that because( as a Bishop Whites Speech to Master Walter. Bishop lately told a friend of his, that was acquitted in the High-Commission, and then dismissed without costs,) they must not discourage prosecutors, else they should have no work, and no griest would come unto their mills. 2 Secondly, They not onely city and convent men upo● bare surmises, Against which Tertullian in his Apology, thus declaimes: Natura famae omnibus nota est vestrum; Est fana malum, quo non aliud velocius ullum: carca malum? quia velox, quia index? an quia plurimum mendax? quae ne tunc quidem cum aliquid veri affert, fine mendacij vitio est, detrahens adijiciens, immutans de veritate. Quid quod ea i● conditio est, ut non nisi quum mentitur perseveret,& tamdiu vivit, quamdiu non prob●t. Siquidem, ubi probavit, cessat esse,& quasi officio nunciandi functa, rem tradit: exin● res tenetur, res nominatur. Nec quisquam dicit( verbi gratia) fama est hoc Romae factum; aut fama est, illum pronunciam sortitum: said sortitus est ille pronunciam,& ● factum Romae. fama nomen incerti, locum non habet, ubi certum est. An vero fa●● credat, nisi inconsideratus? quia sapiens non credit incerto, &c. Yet our Prelates prec● upon mere fames, and swear Churchwardens to present upon them; though Tertullian and the Christians blamed it in the very Pagans. fames and suspicions, without any proceeding presentment or accusation by two sufficient witnesses, or more upon Oath, both in their Consistories, Visitations and elsewhere, b●● likewise in their High-Commissions, arrest, apprehended, and imprison them too, nay break open, search, and ransack their houses, studies, books, chests, trunks, shops, warehowses cabinets, writings by their pursuivants and officers, as if the● were traytors to the King and State; and commit men close prisoners now and then, before any Articles, inditement, presentment, or accusation upon oath against them; and that for the most part merely out of malice; of purpose for vexation; A tyrannicall grievance, and an exorbitancy so excessive, so intolerable, so diametrally, contrary to all Law, equity, justice, and the forecited statutes, that the Parliament of 7. Jacobs in their Petition of grievances, exhibited to King James,( of which there are many printed copies extant) and sundry Parliaments since, have complained against it, as an insufferable outrage, burglary, and oppression, desiring a speedy reformation: upon which they received royal promises, that these exorbitances should be redressed; though they be now more frequently practised, then in any former ages: as the late transacting of Doctor Stautons, Master Whites, and other mens studies, and their imprisonment upon idle surmises, with sundry other presidents of this nature, witness. Such proceedings, neither Christ, nor his Apostles, nor any godly Fathers of the Church, have ever used or approved against the most infamous heretics; unparallelled by any, but the Spanish or Romish Inquisitors, whose violent footsteps our merciful, pitiful, fatherly, harmless Prelates now follow to an hairs breadth; exceeding all temporal Magistrates in violence, injustice, cruelty, extortion and oppression; none being so merciless, cruel, furious, despiteful or pittiles, as many of our Prelates; who as Anthony person wittily answered some of them of old in the Fox Acts& Monuments p. 1111. book of Martyrs, are rather become BITESHEEPES, then true Bishops, biting and devouring the poor sheep of Christ, like ravening Wolves: Which consideration caused the godly Martyr Fox Acts, &c. p. 986. Master William Tyndall at his death, to Petition King Henry the eight,( a svit not unseasonable to our present sovereign) to have compassion on his poor Subjects, that the realm utterly perish not with the wicked counsel and proceedings of our Pestilent Prelates; who have ever been so prove to degenerate into cruel wolves, towards Christs poor flock. That the very book of consecration of Bishops, ratified by 5. E. 6. c. 2 8. Eliz. c 1. Act of Parliament, Canon. 36 subscribed to by our Prelates, and lately reprinted by the Archbishop of Canterburies, command, prescribes this exhortation to all Bishops and Archbishops, at their consecration. Be to the flock of Christ, a shepherd, not a wolf; feed them, devour them not: Which if they did well remember, they would no doubt correct these their extravagant excesses, which all men cry shane on, but themselves; and they would not allow, nor practise, were it not to support their own usurped episcopal jurisdiction, state, and power, the onely object, about whose Patronage this violent injustice is exercised; dignum patello operculum. Against Ex officio oaths and Articles. 3. Thirdly, They enforce men by Ex officio oaths, and Articles to accuse themselves, even in criminal causes, which concern both their credits, in respect of scandal; their libertie●; in regard of imprisonment: their freeholds and goods, in relation; to those deprivations, suspentions, and fines, which they inflict for the most part in their Commission Courts upon the defendants self detection and answers. A proceeding, contrary to the Common and statute Law of the realm; which in no criminal case whatsoever, puts any delinquents upon any information, action, or inditement, to answer upon Oath, or to accuse themselves( no not in case of Treason, or felony, the most transcendent offences; nor yet in trespass, or other petty misdemeanours, the argument used in the statute of 25. H. 8. c. 14. to condemn and abolish, Ex officio, oaths and proceedings, in case of heresy, and ecclesiastical offences) but puts the accuser to prove his information, plaint, inditement, or presentment by witnesses, and not by the defendants Oath or confession; the Common Law being so curious in this; that it will not so much as put a Juror to a voyre-dire, upon any challenge, which toucheth him in his reputation, or savours of a crime( as for taking money, or giving up his verdict beforehand) though it forceth him to tell the truth upon his Oath, in other challenges of affinity, consanguinity and the like, which are neither scandalous, nor criminal; The reason whereof is given in our Lawbookes, because no man is bound to bewray himself, in things, which concern his credit, liberty, life, or forfeiture of his estate, in which cases any man may lawful refuse to take an Oath, or give any answer at all; as the 49. E. 3. 2. a. Fitz. challenge 100. brook, 25. 7. H. 4. 10. a. Fitz. Iustice of pierce, 172 Cromptons Iustice of peace p. 182 219. 2. Eli. c. 13. Dyer. 288. p. 51. marginal Law Authorities conclude and resolve. And for express authority in point. March. 18. Eliz. one hind was convented before the High-Commissioners for simony, and committed for refusing to answer upon Oath, to accuse himself, and upon a Haberes Corpus brought by him in the Common pleas, he was delivered, after solemn debate, the Court adjudging the imprisonment unlawful in this case, because no man is bound by Law, in a case of crime, or scandal to accuse himself. Neither are those Ex officio, oaths and Articles, contrary to the Common-Law: But to the Canon Law itself, which Gratian causa 2. qu. 5. 3 causa 3 qu. 9. cau. 5 qu. 20. causa 11. qu. 3. cau. 15. qu. 5. 6. requires witnesses and accusers face to face, to convict any man( especially a Minister) of any crime, without forcing men, to accuse themselves, either upon Oath, or answer to Articles: And if witnesses fail, and accusers, the party by the Canon Law is acquitted. Which Law, though it prescribe sometimes an Oath of Purgation to the accused party, where there are strong Presumptions and Circumstances, but no full legal proof of guiltiness, yet this is onely after full hearing of the cause and sentence given; not before it,( as our Ex officio oaths now are, which precede the sight of the Articles) and that to purge and clear the party, acquitted by sentence, not to detect and accuse him, that he may be sentensed, yet this purgation, as cause. 2. q. 5 Gratian and the Popes there quoted by him, resolve, is onely voluntary, not coactive; as the Parties not the Judges election, and that in case of Bishops and Ministers, not of Laymen, when their people shall earnestly require it; so that it hath no affinity with the Oath and Articles, Ex officio,( which are not arbitrary, but enforced under pain of imprisonment; not to purge, but to accuse and ensnare; and that not at the peoples request, but against their vote and clamours) the main argument produced for their justification. Nay these oaths and Articles, Ex officio, are See An. Melvini Celsae Commissionis Anatomia. contrary to the Law of God himself, which requires Deut. 17.6. c. 19. 15. Matth. 18.16. that every thing should be established, by the mouth of two or three witnesses: Eph. 5.29 Eccl. 7.16. Matth. 19.19. 1, Tim 5.8 that no accusation should be received against an Elder,( much less then no Elder condemned) but under two or three witnesses: o that every man should love, cherish, defend, and protect his own famed, life, liberty, estate, and not destroy or ruin himself, contrary to our Saviours, and the Apostles own practise, who John 18.19.20.21.22.23.37. c. 19. 9. 10. Matth. 27.11. to 15. Acts 23.& 24.& 25. would not accuse themselves, nor answer to captious Interrogatories and questions propounded to them, by the High-Preists and Pilate, but put them to their proofs and witnesses; Contrary to the Jews, In. 7. 51. Acts 23.35 c. 25. 16. 17. 18. yea Romans Law and proceedings, who condemned no man, before they had brought the accusers witnesses, and dilinquents, face to face, and bear their accusations, testimonies, and defence. Contrary to the note, Doctrine, and practise of many of our godly Martyrs, who affirmed it a thing contrary to Charity, to the Law of God, of nature, equity, common reason, and to the Canon and Civill Law itself, for men to bewray and accuse themselves, and therefore refused to take any Oath, or to answer to any Articles, to accuse themselves, declaiming against Ex officio, oaths and proceedings, as Antichristian, blowdy, tyrannicall, unnatural, uncharitable, unreasonable, unjust, yea execrable, and diabolical,( though our Prelates still uphold them, pled for them, imprisoning, and using such as even out of conscience refuse to take them, rather like doggs then Christians, which shows, whose offspring they are) as is evident by Master William Tyndall in his works, p. 122. 179. 208. 289. by the Brethrens Fox Acts& Monuments London 1510. p 950. 951 1006. 1021. 1022. 1643. 1616. 1661. 1777. 1778. 1813. 1814. 1815. 1849. 1872. 1873. 1874. 1843. 1844. 1845. 481. 482. 539. 651. All excellent passages against Ex Officio. oaths and proceedings. Letter to Thomas Philip Martyr; by that excellent passage of Master John Lambert Martyr, to this purpose in his answer, to his first and 41. Articles: by Master John Philpot Martyr, and his fellow prisoners, who would neither accuse nor detect themselves, nor one another, and petitioned to the Parliament against these proceedings and oaths: by some of the fellowes of Kings college in Cambridge, by Richard Woodman, and Reginald Eastland Martyr.( who alleged that he knew that to end a strife and Oath was lawful, but to begin a strife, an Oath is unlawful, and therefore he now refuseth to take his Oath in the beginning of this matter against him:) by Elizabeth young, Thomas Hitton, and Cuthbert Simpson Martyrs, and by Master John Fox himself; whom Doctor Sinopsis Papismi 7. general contr. q. 2. Andrew W●llet, Discourse of the abuses now in quest. Master Whethenhall, His Argument. Master Nicholas Fuller, and In his scholastical Discourse against the across. part. 2. c. 8. Sect. 2. p. 104. to 109. M●ster Parker, since have largely seconded, all of them passing a joint sentence of condemnation against these oaths and proceedings, which, say they, the very Fathers( as Athanasius, Ambrose, chrysostom, and many others quoted by Bibliothecasancta l. 6. Annot. 26. p. 434. 435. Sixtus Sennisis) have excceedingly declaimed against, as the High road to perjury, and the very Devils precipise to tumble men headlong into hell, as Slades case 4. Report. f. 95. Sir Edward cook hath long since styled them in his Reports; yea these Ex officio oaths and Articles, are contrary to Archbishop Whitguifts own confession and protestation before King James, and his council in the Conference at Hampton Court, p. 90.( set out by the Prelates themselves) where he is brought in averring. That if any Article before the High-Comissioners,( much more then in their Consistories and Visitations) did touch the party any way, either for life, liberty or scandal, he MIGHT REFUSE TO ANSWER, NEITHER WAS he URGED THEREUNTO. But now the course is clean contrary to what it was then, for if any man refuse to take the Oath, even before he see whether his Articles touch him in point of liberty, or scandal,( as all now do, since they have made imprisonment, a censure of course, in all causes there sentensed,) or else refuse to answer, fully to their Articles which touch his reputation, liberty, and livelihood, or the loss of his living and Ministry, he shall be forthwith laid up in a filthy Dungeon, or nasty prison, as many of late and heretofore have been; and their Articles taken as confessed. Such is their strange degenerate Iustice now, from what it was even in Bishop Whatguifts dayes. Finally, as these Ex officio oaths and proceedings were founded on the Statute of 2. H. 4. c. 15.( which Master Fox in his Acts and Monuments therefore stiles the Statute Ex officio, p. 481. 482.) which was for mercy abandoned by the Statutes of 25. H. 8. c. 14.& 10. Eliz. c. 1.( which erects the High-Commission,) which expressly repeal the Statute of 2. H. 4. c. 17.( and by consequence these oaths and proceedings granted on it) which our High-Commissioners should be ashamed to use, since that Statute, which erects their Commission, thus precisely discords them,& t●e A●●ion which t●ey were founded: So they are contrary to the resolution of the Commons-howse of Parliament, which hath oft complained against these Ex officio oaths and proceedings, as intolerable grievances, pressures, contrary to all Law, and Justice; and by name in the printed Petition of grievances, 7. Jacobi; yea contrary to the late Petition of right itself 3. Caroly, which condemns these Ex officio oaths, in case of the late love,( though prescribed by a special Commission,) as directly contrary to the laws, Statutes, customs, and franchise of the realm; and enacts: that no man shall from thenceforth be called to take such oaths, or confined, imprisoned, or any way molested for refusing to take the same: Of which more anon. I shall therefore close up this particular, with the express resolution of Judge Dyer f. 288. p. 51 Dyer, Catlyn, Saunders, and Whiddon, Pasc. 12. Eliz. where the case was this: A will of perjury was sued in Chancery, for perjury there committed, against the form of the Statute of 5. Eliz. and the question was, whether if the defendant pleaded not guilty, whether he shall swear his plea, and answer to Interrogatories upon Oath; It was resolved by all the Judges, that he should nor,( for this would enforce him to accuse and defame himself in such a criminal cause,) and that the proceeding there should be by latin will and answer, which upon issue joined, should be tried by witnesses and a Jury in the Kings-Bench. A full resolution, that all Ex officio oaths and proceedings in criminal causes, are directly against the very Common Law and Statutes of the realm. Therefore to be abandoned and exploded; neither can any Commission whatsoever warrant them; since neither the 11. H. 4. f. 37. Fortesque de laudibus Legum Angliae, 42. Ass 5. brook Commission 15. 1. Ed. 3. 25. b. 20. H. 3. c 9. Against the High Commissions pursuivants, intimations and other Pro●es. King himself, nor the Pope and Prelates, have any power to alter or change the Law of the Land, but the whole Parliament onely, which so lately condemned both these oaths and Commissions to administer them in the Petition of right. 4. Fourthly, They are so far from bringing men into answer, by due process of Law, to wit, first by a Citation, then by an excommunication for default of appearing on the Citation; and lastly by a Capias Excommunic●tum, directed to the sheriff,( the onely ecclesiastical process and legal proceeding, that the High-Commissioners can or ought to use,) that many times at the first dash they break open mens houses violently, as if they were Traitors and felons, and attach them by their pursuivants, under whose hands they likewise oft detain them many dayes together, without bail or mainprize; putting the poor Subjects hereby to an intolerable expense to their great oppression and undoing; contrary to the course of all other Courts. If any man be brought into the star-chamber, for never so heinous offences, he is not forthwith sand for by a pursuivant, nor clapped up prisoner at the first bout,( which is to begin with execution, and quiter contrary to all forecited Statutes,) but first of all a Sub poena is directed to him, the serving whereof costs him nothing, being ever done at the Plantiffes charge: If he appear not upon the Sub poena, then an Attachment issues to the sheriff, at the plaintiff cost too, till his contempt appears; and then himself must bear the charge; which is not above 10. s. of course; if he stand out an Attachment, then a Proclamation of rebellion issues, and then in the last place a pursuivant or Sergeant at arms is sent to bring him in. But in the High-Commission, a pursuivant is oft times the first process, or a Citation served by a pursuivant; which costs every Defendant that lives 40. or 50. miles of the Court, sometimes 3. 4. 5. or 6. p. a piece; whereas in all other Courts the first process costs them nothing. After which Citation follows an Attachment, and that saved or executed by a special pursuivant at the like rate. Then they sand out Intimation, upon Intimation, of 20. 30. 40. 50. or a 100. s. a piece to appear by such a day, which upon default they estreet into the exchequer. A new kind of process, never heard of, till of late, to fine men before app●rance, and for not appearing, contrary to the course of all other Courts, and to the Common Law and Statutes, which expressly Artic. ●leri c. 1. 2. 3. 4. 5.& 6. c. 3. 1. Eliz. c. 2. Fitz. Nat. Brevium 51. R 5. 2. F. 53. A. See( d) before. resolves, that Ecclesiast●call Judges, and Commissioners, can impose no fine, or pecuniary mulct, on any, person by way of Censure, for any ecclesiastical offence, wickedness then by way of process. All these their process and proceedings are irregular, contrary to all the forecited statutes; and intolerable grievances, oppressions to the Subjects, as the Commons house of Parliament, in their Petition of grievances, 1. Jacob, and in most Parliaments, since have resolved, and our Iudges long since determined: yet our Prelates are now more exorbitant, in this violent oppressive course of proceeding then ever, especially against godly co●scionable Ministers and people; and that for mere toys and trifles; upon the information of every Drunkard, or base idle wretched companion; who out of malice and spite alone shall attempt to prosecute them. In Simpsons case 42. Eli. 42 of queen Elizabeth, the High-Commissioners directed a warrant, to one Richard Butler, Constable of Aldrington in the Country of Northampton, for attaching and arresting the body of J●b, Simpson of that Parish, and the bringing of him before them, for committing adultery with the wife of Edward Fust, the Constable hereupon with one William Johnson, Fusts servant, came to a widows house in Aldrington, where Simpson was; at eight a clock at night, and the doors being open, would have arrested Simpson, by virtue of the High Commissioners warrant, which he there red unto him. Simpson notwithstanding resisted, and in his own defence shot Johnson, who came in aid of the Constable, with a pistol, so as he fell down dead, for which being arraigned at Northampton, assizes following, the question grew, whether this were wilful murder, or manslaughter onely? for if the Co●stable had lawful authority to arrest him, then it was w llfull murder, otherwise but manslaughter se defendendo. The matter being of great weight, was deferred till next assizes, and upon conference with all the Judges of England, it was resolved; that it was onely manslaughter se defendendo, because though the Commissioners had power given them to attach, and arrest offenders by pursuivant, or warrant, by the words of their Commission, yet the statute of 1. Eliz. c. 11. on which the Commission is grounded, gives the● no such authority, and so their Commission as to that particul● void in Law, and the Statute giving them no power to arr● Simpson, but to proceed against h m by Citation onely, and other ecclesiastical process, the Constables warrant was merely voyed. And hereupon Simpson being indicted of wilful murder, was by the Jury found not guilty, by the direction of the Court, and so acquitted. A full and most pregnant resolution in a point by all the Iudges; that the High-Commissioners cannot lawfully arrest any man by pursuivant or warrant,( as now they daily do) wickedness then can they break up and ransack any mans house, as now they do. no though his doors be open, and the words of their Commission authorize them so to do; and that the killing of theit pursuivants and officers in such cases( much more then where they ransack and violently break up mens houses, cook Report. 2. Bettisworthes case, fol. 32. which are their Castles in all cases, except felony or Treason,) is no murder in point of Law, wherefore all their Attachments, arrests by pursuivants or others, and their new invented Intimations, are mere extravagant oppressions, grievances, and innovations, contrary to the forecited laws; And so was it agreed by the Court in Lucas his case, hil 30. Car in the Kings Bench. 5. Fiftly, That no man ought to be denied a copy of his Articles in the High-Commission upon his apparance before any Oath or answer holden: and that the denying of the copy of the Articles, before Oath, or answer,& the Oath, and proceedings Ex officio, are against Law. Whereas in all other Courts of Iustice in the kingdom, the defendants upon their appearance may freely take a copy of the information, bill, plaint, or Articles exhibited, against them, to repair therewith to council, to crave advice, whether to answer or demur thereto in Law, as the case shall require; and to direct them how to answer legally, and cauteously for their best advantage, without taking any Oath to answer upon their appearance; before they see the bill, information, plaint, or Articles; taking onely an Oath upon the putting in of their answer,( after it is perused, engrossed, and subscribed by their council) That it is a true answer; yet our Prelates in their High-Commission and Consistories, are grown so strangely, exorbitant and unreasonable, as upon mens appearance, before any sight or knowledge of the Articles exhibited against them, yea oft times before any Articles drawn, to force men, to take an Oath, to make full and true answer to all such Articles, as are or shall be exhibited against them: which must needs be a mere rash, brutish inconsiderate Oath; void both of righteousness and Judgement,( two jer. 4.2. essential properties of every Christian Oath) fitter for beasts then men, and very prejudicial to the parties. I red in De persecutione Vandalica. l. 4. Victor U●●censis, that when King Hunerichus his Commissioners urged the orthodoxal Bishops and Ministers of afric, assembled together before them, to swear to a certain shedule tendered to them, before they had red and perused it; Hortulanus and Florentianus with all the others replied to them, Nunquid Bruta nos irrationalia, sumus, ut nescientes quid Charta contineat facile aut temere juremus, What are we unreasonable bruit Beasts, that wee should easily or rashly swear, not knowing what the Charter contains? Yet such bruit beasts will our Prelates make men, that they must either swear to answer Articles, before they know whether there are any Articles at all drawn up against them; or if exhibited, what it is they contain, or whether they are fit to be answered or no; or whether the Court hath jurisdiction in the things objected; or whether they shall live or be forced to answer them or no; or else they must forthwith be dragged to prison. Alas, what is barbarism and inhumanity in the one; or rash unadvised swearing without Iudgement and righteousness, in the other, if this be not? yet this is the Fatherly Charity, mercy and Iustice of our Prelates in their High-Commission See the Appellation of John Penrie to the High-Court and Parliament, An. 1589. p. 42. to 47. within parallel, or president among Turkes and Infidels themselves If Opus imperfect. in Math. Homily, 12. saint Chrysostome were so much against swearing in any c● before ecclesiastical Iudges( as Master Miles His Exhortation to accustomable swearers. Cover d● B●shop of Exeter records of him) that he thus rebukes Clearg●men for administering an Oath to others to swear men: Audit● Clerici, &c. hear this, O ye clerks, or Cleargy-men who reach out the holy evangelists to them that swear; how can ● be secure from that Oath, or this precept of our Saviours, swe● not at all, who give an occasion of perjury? Can he who carrieth fire, whence burning is occasioned, be free from that burning? or he who holds out a sword by which murder is committed, is not he a sharer in that homicide? So he who gives an occasion of perjury to another, is a partaker of his perjury. Let the fire cease and there will be no burning; take away the sword, and murder will not be committed; take away an Oath,& there will be no perjury. If it were just to swear well, ye might justly excuse yourselves, by saying, wee have given them the gospel that they might swear, not that they might forswear; but now since ye know THAT EVEN, TO swear WELL IS A SIN,( and so resolve most of the See Sixtus Senensis Bibl. Sancta lib. anot. 26. p. 433. 434 435. Fathers on that Text of Math. 5.) how can ye be free, who give an occasion of sinning against God? If this Father thus declaimed against the oaths administered by Clergy men in his time, what would he say of these rash inconsiderate Ex officio oaths in our dayes, and of those Prelates, who force men to them, and imprison those who make conscience of them? doubtless he would have filled the world with rhetorical invectives against them both, and condemn them as infringers of the third Exo. 20.7 Commandement, with other Math. 5.34.36. Iam. 5.12. texts of Scripture; and of the 39. Article of our Church, which condemns all vain and rash swearing,( and what can be more vain or rash, then to swear to answer Articles, not yet drawn, or such as we have neither seen nor know what matters they contain?) and all swearing before a Magistrate, unless it be in a cause of faith and Charity;( and what Charity is it to enforce a man, to accuse, detect, defame himself, or others to his or their ruin?) and done according to the Prophets teaching in justice, judgement, and truth; as these rash oaths are not; for what justice can there be in this, to violate all these rules of justice? to make a man his own accuser, betrayer? and to force him to swear to answer such Articles, which the Law perchance allows him to demur to, without Oath, or to take of by a Prohibition without answer, or to refuse to give answer to? what judgement can there bee, to swear, to give a true full answer to Articles which we neither know as yet to be, or if they be, yet are utterly ignorant what they do or may comprise? Or what truth can there be, to swear to answer Articles, which perchance by reason of sickness, death, friends, composition, demur, or a Prohibition, wee shall never give an answer to; and by reason of our own particular engagements to secure, favour, help ourselves, wee are in all legal probability more likely to answer falsely or fraudulently then fully and truly( as the most usually do) the cause why no Littleton. Sect. 212. 7. H. 6. 19. a. 9. H. 6. 10. 12. H. 4. 8. brook Leet. 12. judex, Assessor, Advocatus, Executor non possunt esse testes. Glossa in Gratianum: Causa 2. Quaest. 6. cap. statutum est: And all Civilians& Canonists in their Titles, De Testibus:& judice. Law permits any man to be a witness, Judge, or Juror in his own cause? well, when this rash Oath is thus enforced and taken before sight of Articles; which the party may justly refuse, and if they be committed for not taking it; the Iudges on a Habes corpus, ought to bail them( as hath been expressly judged in Leighs case, M. 9.& 10. Eliz. and in hinds case M. 18. and 19. Eliz. in the C. B. and 3. Jacobi, in Berries case in the Kings Bench,) shall the party have a Copy of his Articles forthwith, to go to council or men skilful in the laws to advice him,( being ignorant perchance himself in Law affairs) how to answer, as is usual in all Courts of Iustice else? No, his Majesties poor Subjects( being purposely for the most part brought before them to ensnare and intrapp themselves,) must have no copy at all of their Articles given them, whereby to put in their answers by advice of council to 25. H. 8. c. 14. captious and gross interrogatories, able to entangle the most intelligent; or to advice with their friends and council whether the Atticles be fit to be answered, or rather demurred unto; or to move for a prohibition before answer given, if there be just cause; but Ps. 44.22 Rom. 8.36. like sheep appointed for the slaughter, and destined to ruin, must answer their Articles and put in their answers, before they shall have a copy of them; and this answer must be dictated Ex tempore, by the parties to the Register, who must writ it from their own mouths, and they then answer as he thinks fit, else he will not writ nor repeat their answers; and the defendants or their council, must neither draw nor engross their own answers, neither may they have liberty to carry their answers to their council to peruse after the Register hath written them, before they be put into Court, past all alteration and amendment. And if the party will make a defence or justification in his answer, by showing the reasons, either why he doth, or refuseth to do this, or that he is charged with; The Register either will not or may not writ it; and the answer written must be purged and corrected in such cases, as the Register and Commissioners think fit; witness Master Snellings late case, for not reading the Declaration; with others, whose answers and Justifications would by no means be received, and were razed and purged after they were received and put in. Our reverend Martyr Archbishop Cramner, in his Fox Acts and Monuments. p. 1708. appeal from the Pope to the next general council, makes these two chief causes of his appeal: The right reverend Father James brooks, Bishop of gloucester, Judge and Deputy, under the most reverend cardinal pool caused me to be cited at Oxford( where I was then kept in prison) to answer to certain Articles, concerning the danger of my state and life, and when I being unlearned and ignorant in the laws, desired council of the learned in the Law, that thing was MOST UNRIGHTEOUSLY DENIED ME, CONTRARY TO THE EQUITY OF ALL laws, BOTH OF GOD AND MAN. Wherein again I feel me MOST WRONGFULLY grieved. And when he had required of me answers to certain Articles, I refused to make him any answer; I said I would yet gladly make answer to the most renowned Kings and queens Deputies or attorneys then present, with this condition notwithstanding, that my answer should be extrajudicial, and that was permitted me. And with this my Protestation made and admitted, I made answer: but mine answer was sudden and unprovided for, and therefore I desired to have a copy of mine answers, that I might put to, take away, change and amend them; an● this was also permitted to me.( which yet is now denied men in the High-Commission, who can neither have copy of Articles, or answer out of Court, to advice which counsel or amend what is amiss by direction of counsel, till the answer be in past all alteration) nevertheless, contrary to this promise made to me, no respect had of my Protestation nor licence given me to amend mine answer, the second reverend Father Bishop of gloucester commanded mine answers to be enacted, CONTRARY TO THE EQUITY OF THE LAW. In unchurch thing again I feel myself much grieved. This denying therefore of men, the Liberty of making their Answers by their counsels advice learned in the Law, and to have copies of their Articles, and Answers before their answers be in, to mend their answers by advice of Lawyers, is in this Archbishops and Martyrs judgement, a most unrighteous thing, contrary to the equity of all laws both of God and man, and a most wrongfull gravance to the Subjects, giving them just cause of appeal. Yet forsooth, it is the cause and custom of this most unrighteous Court, and must not be altered upon any terms. Moreover, whereas in all other Courts of justice every man ought to have all his charges together at first, in one Bill, Plaint, or Information, to which nothing can be added or inserted afterward, especially after appearance or answer given; yet in these vexations extravagant Courts of Ill-justice, you shall have additional Articles, exhibited and propounded after the original given out and answered, of purpose to vex and ensnare the parties, and to gain the Register a double Fee for their answer, and sometimes additionals upon additionals, containing new matter or captious cross interrogatories, to the end, you shall not escape Scot free, all which you must answer by virtue of your first Oath, before any copy given you to advice with council: By means whereof and of some general words( as Conventicles, schismatics, Sedition, non-conformity, and the like inserted into Articles) many ignorant, innocent people are entangled at unawares, and made guilty of that they are altogether guiltless, being quiter deprived of the benefit of Law and Lawyers; who are chiefly necessary to direct them in their answers, which either acquit or condemn them for the most part. And as Doctor barns in his Supplication to King Henry the eight p. 183. writ of the Prelates Courts in those dayes; So by these ensnaring tricks and devices, wee may say of the High-Commission and Bishops Consistories now: In the Bishops Court no man( especially no good man, that opposeth their tyranny and proceedings) can be found innocent. Is not this a marvelous Court, that they have, wherein there was never any man accused of heresy or schism, were bee learned or unlearned, but they found him gulty? Is not that a marvelous Court, that never hath innocents? What Court within this realm may say this again? Now whether these practices and proceedings of our Prelates, both in their Consistories and High-Commission Courts, complained of long ago, in 2. H. 5. c. 3. in 7. Jacobi, and every Parliament since, as an intolerable grievance, be not the very extremity of oppression, tyranny, and injustice, See a book entitled A Petition to the Queens Majesty, p. 60. to 82 And In. Penry his appellations to the High-Court of Parliament, p. 42. to 47. Conference at Hampton Court p. 89. accordingly. as bad or worse, then any in the Spanish or Romish Inquisition, from whence they are derived, and more exorbitant, then any of our Popish Bishops proceedings heretofore against our Martyrs, recorded by Master Fox, let the indifferent and intelligent judge, yet our holy, just, and merciful ghostly Fathers, who condemn the Presbyterians for not being merciful as their heavenly Father is merciful, not working in love towards their brethren, not loving their enemies, and blessing those that curse them,( as Bishop White hath lately done, in his Epistle to the Archbishop of Canterbury, before his Doctrine of the Sabbath,) where he shows himself most uncharitable, and far more guilty of this sin, then any of those he censures for it, whom he dismisseth with this episcopal benediction, well be fitting his fatherly candour, piety, and pitty, ABEANT IN MALAM CRUCEM, such a blessing, as never from any Christians pen before,) justify, and defend these unchristian, I had almost said Antichristian practices and proceedings, with blushlesse faces, though all men else are ashamed of them, exclaim, pass sentence against them; inflicting nothing but fines, imprisonments, execrations, excommunications, suspentions, deprivations, with the extremity of all miseries( the weapons of their Christian warfare) upon al● who dare oppose them, or refuse to submit unto them, as if they gloried in nothing more then in tyranny, oppression, inhumanity, injustice, the chief props to support their usurped hierarchical domineering power over the poor flock o● Christ, which they thus miserable fleece, slay, devour, like so many Hab. 1.8. Zeph. 3.3. Acts 20.29 ravening evening Wolves. That the High-Commissioners can neither fine nor imprison. sixthly, They fine, imprison, suspend, deprive, outlaw, exile, condemn, destroy his Majesties Subjects, and put them from their free-holds, callings, not onely without, and besides, but directly against the Law( to wit, the Common Law, of the Land, upon Articles, Canons, Constitutions, Ceremonies of their own making,( which are no Ed. 1. the Statute of Biggany, c. 6 25. H 8. c. 14. 19. 21. 27. H. 8 c. 15. 1. Eli. c. 1. 2. 31. H. 8. c. 114. 34. H. 8. c. 1. 35 H. 8. c. 5. 1.& 2. Phil.& Mary, c 8. 32. H. 8. c. 38. 2. Ed. 6. c. 21. 36. E. 3. c. 8 2. H. 5. Sta●. 2. c. 2. Seldem Notae ad Eadmerum, p. 168. 169. Eadmerus Hist. Novorum, l. 1. p. 6. l. 3. p. 67. l. 4 p. 94. 95. Fox Acts and Monuments, f. 96. Law of the Land unless confirmed by Act of Parliament) and for matters no way criminal by any Law or Canon. To instance in some particulars, by what Law of the Land, I pray, was Master Peter Smart, a reverend Prebend and Minister of Durham, fined, imprisoned, and deprived, An. 1629. by the High-Commissioners of york, both of his Prebendary and living onely, for preaching against the setting up of Images, Altars, bowing to them, and placing them at the East end of the Church; directly contrary to the book of Common Prayer, and the Homily against the peril of Idolatry, confirmed by Act 13. Eliz c. 12. of Parliament, to which Canon 36. all Ministers and Bishops subscribe? By what Law of the Land was Master George Huntly, not long since fined, imprisoned, deprived of his living, and degraded of his Ministry, for refusing to preach a Visitation Sermon upon the Archdeacons warning, though he were then sickly and unable t● preach, and sent xxs to him to procure another to preach for him; ●ere being no Canon Law or Statute extant, enjoining Mi●isters to preach at Visitations; but Lindewood lib. 1. De officio Archidiaconi, fol. 36. &c. many prescribing the ●shops and Archdeacons, who visit to preach themselves in person. ●y what Law of the Land was one Master Crowder, Vicar of Vell, near None such about 6. yeares since, committed close ●risoner to New-gate, 16. weekes together, by the now Arch●ishops of Canterbury and york, under pretence of some ●reasonable words, delivered in the Pulpit;( but in truth, because he preached constionably twice a day Amos, 7.12.13. near the Court, ●nd would not resign his vicarage;) and after that deprived, ●oth of his vicarage and Ministry in the High-Commission, without any Articles at all exhibited, or witnesses examined against him, or any proof, confession or conviction of any ●rime, under this pretext, that the matters against him were so foul, as they wear not fit to be Articled or proved in Court against him, nor yet to be notified to himself, that he might either defend or justify himself if innocent, or confess ●nd amend if peccarit? A proceeding so desperately, trascendent●y injust, and yet most true, that no age, no Court of justice whatsoever can parallel it, in the most barbarous tyrannicall places or ages of the world? By what Law of the Land, I pray, was Master John Hayden, a poor Devonshire Minister, about 7. yeares since, for preaching a Sermon at Norwich, wherein he let fall some passages against setting up of Images in Churches( contrary to the Homily of the peril of the Idolatry) and A Ceremony not prescribed by the Common Prayer book, and therefore not to be used by any in time of divine Service, by the express statute of 1. Eliz. c. 2. which enacts, That no other Rite or Ceremony shall be used in time of divine Service or Sacraments; then those prescribed in the book of Common Prayer, under pain of imprisonment, and other penalties and forefaitures therein mentioned. A thing worthy observation. bowing at the name of Jesus, apprehended like a traitor, with Constables, Bills, Halberts, by Doctor Harsnet, then Bishop of Norwich, and brought manacled to him like a felon; and for this offence onely committed by him close prisoner to the Common-goale at Norwich for 13. weekes space or more; where he was like to starve, the Bishop taking away from him both his money, papers, horse; and when the Iustices of peace at their quarter-sessions upon his petition would have bayld him; By what Law did the Bishop, to prevent his bailing, tell them, that he would lay high-treason to his charge; and after that sand him up to London by an High-Commission pursuivant, under whose custody he was kept without bail or mainprize for two whole terms or more, till his cause came to hearing before the High-Commissioners in the Consistory of Pauls, onely upon these two points? or by what Law did the High-Commissioners then& there censure him to be imprisoned, deprived of his Ministry, orders, and to pay a fine besides, merely for preaching against Images, and this superstitious Ceremony? Or by what Law did the Commissioners An. 1634 about the later end of the summer vacation. since that time, imprison him in the Gatehouse Common Dungeon, and the now Archbishop of Canterbury sand him from thence to Bride-well to be whipped, and there keep him all the last extreme could winter in a could dark Dungeon, without fire or candle-light, chained to a post in the midst of a room, with heavy Irons on his hands and feet, allowing him onely bread and water, and a Pad of straw to lie on: and since upon his releafe, cause him to take an Oath, and give bond to preach no more, and to depart the kingdom within 3. weekes or a moneths space, and not to return; and all this onely for preaching again after his first unjust deprivation, though no exception was taken against his Doctrine? A tyranny and barbarous cruelty transcending, at leastwise paralleling, the very worst of Boners and See Consalvus De Inquisitione Hispanica. Spanish Inquisitors proceedings. By what Law of the Land was Master Hugh Peter, Lecturer of sepulchres in London, deprived of his lecture, and committed close prisoner An. 1628 about 7. yeares since; for 6. weakes space together;( and Master Hierom another Minister too at that season) by the Commissioners, before any Articles exhibited against him: though some Noble men interceded for him, and tendered to bail him; and all for this capital offence, that he was a zealous powerful preacher, and too much followed after by the people? By what Law of the Land was Master John Vicars of Stamford, first sent for by a pursuivant, and clapped up prisoner upon a Papists, and drunken attorneys bare accusation, for many weekes together, before any Articles exhibited against him; and afterwards when he was let out upon bail, enforced to give bond, not to go 10. miles from London, nor yet to go down to Stamford, no not to examine and prepare his witnesses( which at first he was denied,) and after this imprisoned, fined, and deprived of his living, upon mere frivolous allegations, disproved by many sufficient witnesses, and proved but by two or three dissolute and mean persons onely; and yet those no crimes at all against any Statute, Canon, or Articles of our Church? By what Law of the Land was Butter the Bookeseller, committed to the Fleet, by the Archbishop of Canterbury( then of London) as an High-Commissioner, onely for printing a passage against the Arminians, in justification of Bishop Hall, the Synod of Dort, and Doctrine of the Church of England, in a Letter of Doctor Davenates, then Bishop of Salisbury to Bishop Hall, the omission whereof would have mangled both the letter and sense, because martin his chaplain( who licenced the letter for the press) to please the Arminians, and betray the truth, had given direction that this passage( the main part and scope of the letter) should be left out? By what Law of the Land can the High-Commissioners proceed against Printers and Stationers;( yea and Authors too) for breach of a Decree of star-chamber, made for their better ordering,( a thing So was it ruled in the C. B. 4. Caroli in Master sparks and jones case, where a prohibition was granted. merely Civill, not ecclesiastical, punishable onely in that Court which made it, and untransferrible to any other, being no Act of Parliament, and binding none but such as are parties to it,) and thereupon burn their Letters, books, Presses, yea fine, imprison, and put them from their trades, for printing, writing, and venting orthodox books against Papists and Arminians, in defence of the Doctrine of the Church of England, as they have done in the case of Butter, sparks, Jones, and others of late yeares? By what Law of the Land did they convent Doctor Souge, Doctor Sibbs, Doctor tailor, and Master Davenport, as notorious delinquents, onely for setting their hands to a Certificate( upon entreaty testifying the distressed condition of some poor Ministers of the Palatinate, and furthering a private Contribution among charitable Christians for their relief, when public Collections failed. By what Law of God, or of the realm, did they lately sand for the mayor, town clerk, and some Aldermen of gloucester, as gross delinquents, onely for granting a small anuity to their painful and faithful Minister, Master Workman, so long as he should continue among them, towards the better maintenance of himself and his Children, and cause them to revoke their grant? as if charity itself to distressed faithful godly Ministers, were a notorious offence, as these uncharitable Prelates make it; who will neither suffer such Ministers to enjoy their livings or Ministry; nor permit others to relief them, when themselves have stripped them of both; and all their means besides, onely for their diligence and profitablenes in their places. By what Law of the Land was Sir Giles Allington Knight, about 6. yeares since, fined no less then 10. thousand pounds by the High-Commissioners, and more over imprisoned and excommunicated, onely for marrying his half sisters daughter by the fathers side with licence, it being lawful though not usual, in the judgement of many Divines and Canonists, whose opinions he had under their hands before the marriage, and clearly out of the words of the levitical Degrees, and so lawful and dispunishable in point of Law, by the express Statutes of 32. H. 8. c. 38. yet in force, at leastwise not finable and punishable in this maner? By what Law of the Land was An. 1634. the mayor of arundel, not long since, fined and censured by the Commission at Lambeth, onely for doing justice according to his Oath, his duty, and the Law of the Land, in imprisoning a notorious drunken Clergy man, for his drunkenness, his misbehaviour, both in words and deeds to himself and the Constables( in affront of Iustice, and breaking of the peace,) and that but for one nights space, and the releasing him upon his submission, before he needed, without any further punishment?( And all for soothe because he was a Clergyman, whom our Prelates now strife to exempt from his Majesties laws and all temporal Jurisdiction, Keilwey fol. 181. 182. 183. 184. 185. for which they are in a praemunire.) And yet not censure, nor deprive the Clergyman for his beastly drunkenness and disorders, as he deserved? Alas, what a strange age is this wherein wee live; that the very doing of justice, and the punishment of notorious malefactors, according to Law and Oath, must even by Prelates themselves be censured as a crime, and the malefactor justified and acquitted? What is this, Esay. 5.20.23. but to call evil good, and good evil, to put darkness for light, and light for darkness; to put bitter for sweet, and sweet for bitter? to justify the wicked for reward, and take away the righteousness of the righteous from him? By what Law of the Land have at least 20. Ministers been questioned, fined, censured, imprisoned, and put by their livings of late, merely for refusing to bow at the naming of Jesus, or for preach●ng against it? The book of Common prayer, and OTHER RITES AND CEREMONIES OF THE CHURCH OF ENGLAND,( wherein all rites and Ceremonies enforce, or by Law established in our Church are comprised) doth not so much as mention it; and many learned writers of our Church, as The pooremans library Tom. 2. fol. 43. 44. 103. 104. Bishop Alley, Exposition of the catholic faith, p. 195. 196. 197. Bishop Babington, Answer to William Reynolds, p. 398. 399. Doctor Whitaker, Notes on Phi. 2. Sect. 2. Doctor Fulke, Synopsis papismi Cont. 2. Error. 51. Doctor Willet, On Phi. 2.9.10.11. Doctor Airay, and See lame Giles, and another Discourse lately published against this Ceremony. others of late have written against it, as superstitious and popish, if not Idolatrous, and ecclesiastical polity. l 5 S. 30. Master Richard Hooker, and Answer to Cartwright. Archbishop Whitguift, confessed it, merely arbitrary,& that no man ought to be urged to it; yet the bare omission, or disallowing of this ceremony, is now a common See Bishop Mountagues, Archbishop Lawdes, Bishop Wrens, Bishop Peerce and others Visitation Articles. Article in our Prelates Visitations Consistories, and Commission Courts, though no Law of the Land require it, wickedness prescribe any penalty to such as refuse to use or preach against it? By what Law of the Land, have many Ministers and others been prosecuted, sentenced, imprisoned, suspended, and put from their livings, onely for preaching, writing in Defence of the Articles and Doctrine of the Church of England against Arminians and Papists? and yet not so much as one Minister or Writer questioned, censured, fined, or imprisoned by them for writing and preaching in defence of Popery and arminianism, against the Doctrine and Articles of the Church of England, as Bishop Mountagus, Bishop Wren, Master Cozens, Master Shelford, Chouney, Bishop White, Doctor Heylin, Doctor Pocklington, in their books and Sermons, and Bishop Mountagues late Sermon in defence of Altars, Contrary to his Majesties Declaration before the 39 Articles, and his Declaration about the Dissolution of the Parliament, p. 20. 21. 42. many others in their Sermons, at Court at Pauls, in both Universities, and elsewhere have lately done? By what Law of the Land have many of the best and painefullest Ministers, been now of late suspended, silenced, excommunicated, and put from their livings onely, for refusing out of conscience to red the late Declaration for sports in their Churches, in time of Divine Service as his Majesties, though it came not to them under his seal; though there be no Law, Canon, nor any one syllable in the Declaration, prescribing it to be red in Churches, or that Ministers should red or publish it; yea no penalty threatened to any that refuse to red it, and no Authority given to Bishops, or others to question or punish such who refuse to red it? And when as Doctor John White himself, in his way to the true Church, 5. times printed by Authority, and justified, and defended by Doctor Francis White, now Bishop of Ely, Sect. 38. n. 1. p. 111. Digress. 46. Sect. 43 n. 6 p. 165. 166 severely censures Papists for profaning the Sabbath, by Greenes, Ales, dancing, and other heathenish customs; branding this Position of cardinal Tolet, justified by the Declaration; Th● it is lawful on the Sabbath-day to follow suits, travel, hu● DAUNCE, and such like; as a point of Popish Religion, which directly tends to the maintenance of open sin and liberty of life; that a Doctrine of the Papists, which not onely infers, but expressly allows most palpable wickedness, directly tending to the desolation of public government, and private honesty; which hath made the Papists the most notorious Sabbath-breakers that live: And so altogether unfit both in point of conscience, piety, and policy, to be published by any Protestant Minister in the Church and presence of God himself, to damn both their own and their peoples souls; and much more unfit for any Bishops to urge so far as to silence, suspend, and excommunicate Ministers, for not reading it out of conscience, as many Bishops have done to their eternal infamy, and yet proceed to do, as if they were the very Devils Bishops, rather then Gods; and Atheists rather then Christians, Papists rather then Protestants, as some fear they are. By what Law of the Land was Master Chaunsie, a reverend learned Minister, very lately suspended, fined, imprisoned, until he should make his submission; onely for opposing the railing in of the Communion Table at ware( for which there is neither Law nor Canon) before any order under seal given for that purpose? By what Law of the Land were the Churchwardens of Ipswitch and Beckington, newly excommunicated, and threatened the High-Commission, for refusing to remove their Communion-Tables out of the body of the Church or chancel, where they stood ever since the beginning of reformation, and to place them Altar-wise at the East end of the Church, and there to rail them in close prisoners against the wall; contrary to the very Before the communion. rubric of the Common Prayer book, to The latter end. queen Elizabeths Injunctions, the practise of the Primitive, and all Protestant Churches, as The Reply to Harding, Artic. 3. Divis. 26. p. 145. 146 his answer to Hardings preface: And Art. 13. Divis. 6. p. 362. Bishop jewel proves at large out of Eusebius, Augustine, the Acts of the 5. council of Constantinople, Durandus, Gentianus Zervettus, the modern greek Church and others; and the constant usage of the Church of England ever since reformation; yea contrary to the express words of the Bishops own Canons 1603. Canon 82. all which prescribe, that the Table at the Celebration of the Communion( at least if not at other times) shall stand or then be placed in the So Master Bucer would have it placed, in his Censure of the book of Common Prayer, in his Scripta Anglicana, p. 457. and Doctor Willet to, in his Synopsis Papismi. The 9 general controversy, qu. 6. Error. 51 and Dr. Raynolds, in his Conference with Hart. c. 8. Divis. 4 and Bishop Farrar. Fox Acts and Monuments, p. 1404. 1406. and Doctor Fulke on Hebr. 13. Sect. 6. body of the Church or chancel, in so good sort as there by the Minister may be more conveniently heard of the Communicants in his prayer and administration( which he cannot be at the upper end of the chancel, being most remote from the people, where the mass priests used to consecrate in a low dumb voice) and the Communicants also more conveniently, and in more number may communicate, with the said Minister, who is enjoyed to stand at the North-side( not end) of the Table, which must therefore stand Table not Altar-wise, as these our Popish Innovators would place it; who teaching men Giles widows eclesiastical puritaine, p. 89 Mr. Shelford in his 1. treatise p. 2. and edmond Reeves in his Exposition of the catechism in the Common prayer book. to bow to Communion-Tables and Altars, because they are the place of Christs especially presence, and pleading so much for their Quires,( which they now Jewishly style their Thus they called it in the High-Commission in the case of Master Chaunsie,& Master Ward. Sanctum Sanctorum, and make more holy then the other parts of their Church,) should for these very grounds and reasons place their Communion-Tables and Altars( as they will have them called) in the midst, not at the East-end of their Quires, because Christ hath promised, Matth. 18.20. that were two or three are gathered together in his name, there he will be, and is in the midst( not at the East-end or one side) of them, because God is said Psal. 46.5.& 46.9. jer. 14 9. 1. Kings 3.8. Hosea. 11.9. Ioel. 2.27. Zeph. 3.5.15.17. Rev 1.13.& 2.1.& 5.6. to be in the midst of his people and holy Temple( not at the East-end, where no seats, no people must be suffered) for A reason oft used by the Bishops in the High-Commission and elsewhere, and by Shelford, and Reeves in their late idle books. fear of sitting above Christ, and taking the wall of God Almighty, fine frierlike, ridiculous reasons, fitter for schoolboys then Prelates, or grave Divines, and because the choir or Sanctum Sanctorum( as Originum l. 6. c. 19. Isidor Hispalensis, Rabanus Maurus, with Servius in Virgili. l. 6. c. 8. Calepine, Holioke and others, Tit. Chorus. others testify, hath its very name from the situation of the Altar, in the midst of it, and the priests and people standing round about it: Chorus( say they) est multitudo in sacris Collectus,& dictus Chorus quod injicio in modum Coronae CIRCA( not juxta) arras starent,( therefore certainly they stood in the midst of the choir, not at the East-end against the Wall,) Et ita psallerent; which is further evident by these ancient verses of virgil: Aeneid. l. 4 Instauratque CHOROS mistique ALTARIA CIRCVM, Cretesque driopesque, fremunt, pictique Agathirsi, Aeneid. l. 8 Tum Salij ad cautos, incensa Altaria CIRCVM, Populeis adsunt evincti temporaramis, Hic Juvenum Chorus, ille Senum, qui carmine lauds, Herculeas& facta ferunt, &c. Omnibus in templis matrum Chorus omnibus ARAE. And Genialium dierum, l. 4. c. 17. fol. 126. by Alexander ab Alexandro, who assures us, that those who sacrificed to the Gods, wear accustomend to sing praises ●ito them, pedibusque circum arras psallere ad mu●erum, and to dance round about their Altars singing; and that it was observed, that the sacrificers arras circum-curre●ent, would run See Athenaeus depu. l. 13. c. 1. Plutarchi Lucruita Instituta, and Xenophon Lacedaem. Respublica. Psal. 26.6. Ezech. 6.4.5. Levit. 1.14.15.16.12. Chron. 5.12. accordingly. round about the Altars, beginning their Course from the left hand to the right, which they esteemed more religious, and afterwards from the right hand to the left: All which ●s seconded and confirmed by Strabo Geogr. l. 10. and by Plato, Legum Dialog. 7. Hence Histor. l. 10. c. 4. Eusebius writes, that the Altar both in the ancient Temple of the Jews, and in his dayes, was placed in the midst of the choir; not at the East-end; and De Verbis Dom. secundum joan. Sermon. 42. See Chrys. Hom. 1. in Isay. 6.1. and Nazianzen. Orat. 21. ●. 399. accodingly. saint Augustine after him, Christ feeedeth us daily, Mensa ipsius est ●lla in medio constituta: This is his Table here set in the midst; and hence it is recorded in the 1. Action of the 5. council of Constantinople, that when the Chapter was reading: currit omnes multitudo cum magno silentio circum circa Al●are& audiebant; all the people with great silence drew near round about the Altar, and gave ear. From which authorities and sundry others, as Answer to Hardings preface, Reply to Harding. Art. 3. Divis. 26. p. 145. 146 Bishop jewel, Notes on Exod. c. 20.& 27. p. 279. 397. B●shop Babington, doctor Farrar, Doctor Fulke, Doctor Raynoldes, Walafridus Strabo, De rebus Ecclesiasticis, c. 4. 19. p. 954. 955. Doctor Willet Synopsis Papismi, Cent. 2. Er. 35. p. 496. with others, and our rubric before the Communion. Common prayer book, Canon 82. Canons and Q. Eliz. Injunction near the end. Injunctions prescribe and conclude, that the Communion-Table ought to stand in the midst of the Church or choir; where our Novellors must now place their Altars, or Lords Tables, else they will overthrow their Quires, and Sanctum Sanctorums, which they so much contend, for which had their very names, Originals, and essence, even from the situation of the Altar in the midst of them. By what Law of the Land have Master John Cloberry, Master brook, Master Stanely, and many others been imprisoned, if not fined by our Prelates, in matters of Allemony, for refusing to humour and maintain their disobedient undutiful domineering, if not whorish wives, departing away from them, either upon small occasions, or without any just cause at all, contrary to all Law? A grievance, against Esther. 1.12. to the end. Ephes. 5.22.23.24. Scripture, so by name complained of in Parliamnt, 7. Jacobi, and other Parliaments since, and for which Prohibitions have usually been granted, till now of late. By what Law of the Land have many of late, for refusing to Bp. Hooper in his 6. Sermon on jonah preached before and dedicated to King Edward the 6. Thomas Becon in his Comparison between the Lords Supper and the Popes mass, f. 102. 103. vol. 3. and in his catechism, fol. 484. 485. dedicated to all the Bishops of England, and printed Cum privilegio, condemn this gesture of kneelings, as contrary to Christs Institution, and tending to superstition and Idolatry, and wish it were taken away. The Dialogue between custom and verity. Fox Acts and Monuments, p. 1264. and divers of our learned and authorised writers have been of the same judgement: why then the not using of it, out of conscience, should be such a crime as now it is made, I see no ●eason. kneel at the Sacrament; and others onely for administering the Sacrament to such as kneel not, been imprisoned, fined, suspended, and put from their livings, by the High-Commissioners, who have no conusans of these causes, nor of any offences against the Statute of 1. Eliz. c. 2. which Statute being made the same Parliament, with that which erects the High-Commission, particularly, and precisely limiting, what penalty every transgressor of it, shall suffer, who is made a delinquent by it alone; and expressly defining, that the Justices of Oyer and Terminer, or of assize, and the Majors and Baliefes of every chief town, shall inquire, hear, and determine all and all maner of offences that shall be committed, contrary to any Article of that Act, with such temporal and corporal penalties onely as therein are prescribed; and that no person or persons shall at any time hereafter be impeached, or otherwise molested, of or for any the offences therein mentioned, unless he or they so offending, be there of indicted at the next general Sessions, holden before the Justices of Oyer and Determiner of assize; And then authorizing all Archbishops, Bishops, Archdeacons, with their Chauncellors, Commissaries, Officials, and other Ordinaries, having peculiars to inquire in their Visitations, Synods, and elsewhere, within their Jurisdiction of all offences against that Act, and to punish the same by admonition, excommunication, Sequestration, Deprivation, and other ecclesiastical Censures, onely according to the queens ecclesiastical laws; and providing that he who is punished by the Ordinary, by ecclesiastical Censures shall not be convicted for the same offence before the Justices, and punished with temporal penalties and so è converso; And giving the ecclesiastical Commissioners no power at all to punish any offence against this Act, though it names them in the last proviso upon another occasion; how the High-Commissioners can lawfully question, fine, imprison, suspend, or punish any Ministers or Laymen( as they daily do) for offences against this Law, of which they are excluded the Conusans, and that one, two, three, four or 5. yeares after the offence committed: or how they can inflict both emporall and ecclesiastical Censures at once for the same offences, or impose greater or other fines, or penalties, on delinquents then this Statute limits, I cannot possibly discern, neither could any man as yet inform me. True it is that But not kneeling in the Act of receiving, is no offence in the people, without other circumstances against any clause of this Act, and so not punishable by it, especially where it is done out of conscience, not out of contempt, or schism. offences against this Act, are fit to be duly punished, yet onely in such maner and form, and by such Iudges, such persons, as the Law itself prescribes. But that the High-Commissioners should punish them, and that in such maner, as themselves think meet at what time soever they please, is neither reasonable nor agreeable to this Law of the Land. Moreover, what Law of the Land, authorizeth our Bishops and Ordinaries, in their Visitations and Consistories, to excommunicate, or the High-Commissions to punish and imprison his Majesties Subjects, who resort to divine Service, and Sermons, and are no heretics nor Anabaptists from, but conformable members of our Church, onely for repeating their Ministers Sermons with their families, friends, and neighbours, or for reading Chapters, singing of psalms,( and sometimes upon occasion for praying& keeping private Fasts together,) after they have been at Church on Lords-dayes, holy dayes, or Lecture-dayes, under pretence forsooth, that these their Christian meetings for these private commendable exercises of Religion Mal. 3.16. Heb. 10.24 25. Col. 3.16. Eph. 5.19.20. Acts 2.1.44.46.47. c. 12.5.12. c. 20.20. ● Matth. 13.10. to 53. Deut. 6.6.7.8.9. Tertullian. Apologia advers. gentes. Chrysostome hom. 2.3.4.10.29. in Gen. hom. 5.78. in Matth. hom. 2. in johan. Cesarius Arelatensis. hom. 20. Bishop jewel Defence of the apology, part. 5. c. 3. Divi. 4. p. 449. ( approved and practised by Christians in all ages) are unlawful Conventicles, and these conformable persons, Conventiclers? which yet 35. Eliz. c. 1. justinian. Codicis, li. 1. De Episcopis& Clerici, lex. 15. f. 13.& De Summa Trinitate. lex. 2. Canons. 1603. Can. 11.12.73. none can be in Law or truth, but heretics, or Anabaptists, severing themselves from our public Congregations, and erecting a new form of Discipline and Service of God in private corners, different from that of our present Church. Certainly there is no Law of the Land, nay no Canon of the Church, by which our Prelates or Commissioners can judge these private Christian meetings and exercises, Conventicles, or punish these conformable members of our Church, who out of Conscience, and piety use them, as Conventiclers, much less can they produce any Scripture, Divinity, religion, good reason, or ancient Presidenrs for it. What Law of the Land authorizeth Bishops to be both informers, accusers, witnesses, and Judges, and that in their own cases; contrary to the statute of Chap. 29 See Fox Act and Monuments, p. 1054. 1320. 1769. Magna Charta, requiting, that men shall be judged by the lawful Judgement of their peers, that is, by lawful and indifferent Judges, not such as are our parties, prosecutors, or enemies, contrary to the 9. H. 6. 10. 7. H. 6. 13. a. 11. H. 4. 8. Bro. Leet. 13. Littlet. Sect. 212. Cookes institutes, ibid. Common and 18. E. 3. Stat. 3. the Oath of the Iudges. Statute Law, yea Littleton, Sect. 212. 1. E. 3. 13. a. 23. a. 5. E. 3. 8. 8. E. 3. 2. 22. E. 3. E. 3. 94. 95. 30. E. 3. 13. a. 38. E. 2. 16. 5. H. 7. 9 a. all common sense and reason,& the very Nec ullus unquam presumat accusator simul esse,& Index vel testis, quoniam in omni judicio quatuor personas necesse est semper ●lesse, id est, judices Electos,& accusatores, ac defensores atque testes. Fabiani Papae Decreta, Epist. 2. Surius council. Tom. 1. p. 214. which overthrows all Ex officio oaths and proceedings. Canon Law? yet such are they in their officio proceedings, and Commissions for the most part, where they are both prosecutors, accusers, witnesses and Iudges, and that in their own cases. I might run through infinite other particulars, for which the High-Commissioners daily fine and imprison his Majesties Subjects, and thrust many Godly Ministers both from their livings, lectures and ministry; If I should demand of them, by what Law of the Land they do it? or what Law or Canon makes those very things, for which they are censured, criminal offences? it would put them to A non-plus, and upon diligent inquiry made after such laws or Canons, they must return, either an Ignoramus, or Non est inventus. For example, what Law of the Land, what Canon or Article of our Church, makes the bare affirmation? That Bishops and Ministers are one and the same in office and Authority jure Divino, and that the difference in Jurisdiction, power, and superiority, now between them is by the grant and favour of Princes onely( the See Gersonius Bucerus Dissertatio de Gubernatione Eccles. The Petition to queen Elizabeth, Doctor Bastwicke, De jure Episcopali and others, who have written in that subject. professed Doctrine of the Fathers, of all foreign Protestant Churches, writers of our own Church and Authors, and the express resolution of the Statutes of 25. H. 8. c. 19. 26. H. 8. c. 1. 37. H. 8. c. 17. 1. E. 6. c. 2. 1. Eliz. c. 1. and 8. Eliz. c. 1.) either an error or an offence; yet Doctor Bastwicke for this orthodox Doctrine( confessed to be an undoubted truth by p. 383. Against Carthw. Archbishop Whitguift Of the Princes Supremacy, p. 259 926. Anselmus Cantuariensit in 1 Tim. 3. Tit. 1.5. 7 Phil. 1.11 Richardus Armachanus l. 11. De Quest. Arm. c. 1 to 7. Bishop Bridges, and all Bp. jewel Defence of the Apolog. part. 2. c. 3. Divis. 5. p. 99. 100. &c. p. 102. Bp. Hooper on the 8. Commandement, Bishop Latimer in his Sermon of the Plough, Bishop Alley his pooremans Library, part. 1. f 95. 96. all the Bps. and clergy of England in their institution of a Christian man, dedicated to King Henry the 8. An. 1537. c. of Orders. Wicklif. Dialog. l. 4. c. 15. 16. 26. Mr. Nowels reproof of Dormam. f. 45. 46. other our Bishops in their writings against the Popes supremacy, and urged by them and all other Protestant writers whatsoever of that subject, as a principal unanswerable argument against the Popes pretended sovereignty over all other Bishops and Ministers by divine institution( though our Prelates, in the Controversies between them and the Puritans, as they call them playing the turn coats, directly deny it, and brand it as an Arian heresy, because it utterly overthrows their episcopal Superintendency, and domineering Lordship over their fellow Ministers) brought in onely by way of Argument, in a latin book, printed beyond the Seas, in defence of the Kings Prerogative royal, and other Ministers and Bishops liberties against the Popes and Italian Prelates usurpations, without any the least relation to our Bishops, who are not so much as name nor intimated therein, must be excommunicated, imprisoned, fined no less then one thousand ( and by the now Archbishop of Canterbury two thousand pounds) to his Majesty, and debarred, his practise of physic.( So dangerous an offence is it now for any man to show himself a true loyal Subject to his Majesty, in defending his crown and dignity, against the Popes& Prelates encroachments, according to their Oath of Supremacy and allegiance prescribed by the self same statute, which erects the High-Commission) and the Bishops themselves, contrary to all Law and justice, even in this case which immediately concerned themselves alone, must be both his accusers and Iudges, and pass this doom upon him though his professed enemies, what Law, or Canon is there that makes preaching against See Master Stubbs his anatomy of abuses and his alarum to England. Master John Northbrooke in his Treatise against plays and interludes, dancing, and other vain and idle Pastimes, and humphrey Roberts his complaint for reformation, of divers abuses and profanations on the Sabbath-day. Maygames, May-poles, mixed and lascivious dancing( especially on the Lords-day) cringing to Altars, turning Communion-Tables into Altars, or placing and railing them in Altarwise at the East-End of the Church, or preaching that the Sacraments and preaching ought to go hand in hand, the one being in manner dumb without the other; that Bishops and Ministers in the primitive Church were usually elected by the whole clergy and people See catalogue testium veritatis, 1562. Appendix, p. 33. to 56 and Gersonius Bucerus De Gubernat. Eccles. and Fex Acts and Monuments, p. 1109. ( a truth most clear and undeniable,) that a wounded conscience is such a tender thing, that it cannot bear the weight of 3. Steeples on it; that Christians ought to avoid ill Company as dangerous, since Peter being in the company of the High-Preists Servants denied his Master, and the like, neither crimes nor errors? yet Master Workman, Master Ward, Master Wilson, Master Brodet, and other Ministers have been lately fined, censured, deprived, or suspended for these capital, exorbitant offences, and put by their Ministry: In a word, there is scarce one fine, or sentence given in the High-Commission; but is directly contrary to Magna Charta, the Law of the Land, and all the forecited statutes. To make this undeniable, it is and must be confessed on all hands. 1. First, Artic. clear. c. 1. 2. 3. 4. 5. 5 R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 23. H. 8. c. 9. 25. H. 8. c. 14. 31. H. 8. c. 14. 34. H. 8. c. 1. 1. H. 7. c. 4. Lindewood lib. 3. De poenis fol. 231. 232 and the writs, De excommunicato capiendo, and Apostata capiendo, resolve as much. That no ecclesiastical Judge, or person could by the Common Law of the realm, either fine, or imprison any man for any ecclesiastical offence or breach of any Canons, which being ecclesiastical, can prescribe no temporal, but onely ecclesiastical punishments and censures? 2. Secondly, That no 5. R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 1. H. 7. c. 4. man can be fined, or imprisoned in any case whatsoever of ecclesiastical Conusans, by any ecclesiastical Judge, unless some Act of Parliament, give that Judge particular power to fine and imprison in those particular cases. 3. Thirdly, That the power of sinning and imprisonment, given to ecclesiastical Judges, in one particular case or two onely, cannot be extended by equity to any other Plowden, f. 17. 86. 124. 19. H. 6. 47. brook Treason, 8. 12. 21. H. 7. 21. all penal Statutes, being ever to be taken strictly for the Subjects liberty and ease. 4. Fourthly, That the Statute of 1. Elizabeth c. 1. by restoring and uniting the ancient ecclesiastical Jurisdiction to the crown, and giving the King power to delegate it over by his Letters Patents to Commissioners to execute it, did neither alter nor intent to alter either the nature or punishment, of ecclesiastical offences, so as to make them temporal and punishable by fine and imprisonment( which are truly and merely temporal and not ecclesiastical Censures, That the Statute of 1. Eliz. c. 1. gives the 〈◇〉 High-Commissioners no power to sine or imprison. but left them ecclesiastical to be proceeded against, by ecclesiastical process and censures onely, as before the making of that Act, not by fine and imprisonment, which I shall make clear by these ensuing reasons. 1. First, Because the Statute 26. H. 8. c. 1. 1. Eliz. c. 1. 8. Eliz. c. 1. unites to the crown onely, such Jurisdictions, privileges, Superiorities, and pre-eminences, spiritual and ecclesiastical, as by any spiritual and ecclesiastical power or authority had heretofore been, or might lawfully be exercised, or used for the Visitation of the ecclesiastical State, and persons, and for the reformation, Order, and correction of the same, &c. So that nothing but bare ecclesiastical power in cases merely ecclesiastical, and such as had been before that time lawfully exercised, and used by ecclesiastical power and persons, is united to the crown in such maner and form onely as Ecclesiastical persons used it. This mere ecclesiastical power thus united the Statute, authorizeth the queen and her Successors to delegate by Letters Patents to such natural born Subjects, who shall exercise, use and execute under them all maner of Jurisdictions, privileges or pre-eminences touching or concerning any ecclesiastical( not temporal) Jurisdiction, and shall visit, reform, correct, &c. all such Errors so as by any maner spiritual or ecclesiastical power,( not temporal) authority or Jurisdiction can or may be lawfully reformed, &c. And that after the said Letters Patents to them made and delivered. Then they shall have full power &c. to exercise, use and execute all the premises,( that is, all maner of Jurisdictions, privileges, and pre-eminences, spiritual and ecclesiastical) according to the tenor and effect of the said Letters Patents, that is, for such and so long time, for such and such precincts, at such convenient seasons and places, and for such offences, Errors and misdemeanours, as shall be contained in the Letters Patents; And that according to the ecclesiastical Law and maner of proceedings and Censures,( as is clear by the precedent words) not in such an arbitrary course of violent and unjust proceedings by pursuivants, attachments, fines, imprisonments, and the like, as the Prelates by their policy, power and flattery, shall at any time procure to be inserted into their Commission, as they now most absurdly interpret it; for that wear not to delegate or exercise an ecclesiastical, but a mere temporal Jurisdiction, never lawfully exercised before by any ecclesiastical power or authority. And if the King should insert into his Patents, that the Commissioners might at their discretions censure men to be banished, whipped, pillored, branded, dismembered, burned, executed, or that they should forfeit their lands or goods for ecclesiastical offences,( which he may as lawfully do, as that t●ey shall be fined, or imprisoned,) these proceedings should be thought lawful, and warranted by this last clause: ( According to the tenor and effect of the said Letters Patents,) which no man in his right sences dare affirm. 2. Secondly, There is not one syllable in all this clause, concerning the Delegation of the Kings ecclesiastical power, touching, fining, imprisoning, or inflicting any other temporal punishments upon the Subjects for ecclesiastical offences▪ Therefore doubtless no preferrment of the Law-makers, that they should be punished in this maner; who would have declared as much in express words, at least, had they intended any such proceedings, neither shall the liberty of the Subjects, persons, or goods, against imprisonment and illegal fines, ratified by Magna Charta, and the fore-named Statutes, in express terms be taken away by this Statute, onely by strained inferences and intendements, without any express words at all. 3. Thirdly, This very Act before this clause, repeals the bloody Law of 2. H. 4. c. 15. revived by queen Mary; authorizing ordinaries and others to imprison, fine, and proceed against men Ex officio, by self accusing, oaths and captious ensnaring Articles and interrogatories to entrap them.( So the Statute of 25. H. 8. c. 14. brands them,) of that, which they called and deemed heresy, and false Doctrine, as an unjust, bloody and tyrannicall Law,( so Master Acts and Monuments p. 481. 482 539. 997. 956. 957. 960. Fox, oftentimes stiles it,) upon which all the Martyrs in martyrs dayes were butchered by the Prelates: Therefore certainly it would never revive the same proceedings, oaths and censures by implication onely, which i● expressly repealed in the former branch. 4. Fourthly, It cannot possibly be intended, that this Parliament in the first year of queen Elizabeth, so soon after the Marian persecution, should in the very first Act they made, increase the penalties of ecclesiastical offences, and make them more penal to the Subjects then for mercy they were, i● queen Maries dayes, by making them liable to Ecclesiastica● and temporal Censures, both at once, when as before all o● them,( except what they made and interpnted to be heresy and schism,) were onely punished with ecclesiastical Censures, and to give the Prelates and every ecclesiastical Commissione● more power over the Subjects then ever the Pope; ( whose authority they abolished by this Act) did formerly exercise and injoy● For this had been nothing else, but to shake of a lighter yoke of bondage from the subjects necks, to put on an heavier; to erect a new star-chamber for ecclesiastical offences; to set up many Popes whilst they banished one, and to punish one offence twice, by inflicting at one and the self time in the same Court, both temporal and spiritual Censures. Therefore questionless these ecclesiastical errors and offences, were not intended by them to be punished by fine or imprisonment. 5. Fiftly, It cannot be imagined, that the Parliament would give such unlimited power to the queen and every of her Commissioners and Prelates, as the greatest Courts of the kingdom never before enjoyed, no not the Parliament itself: The queens highest temporal Courts of Iustice, could but fine and imprison men for those offences which are not capital, but not excommunicate, degrade or punish them with temporal and ecclesiastical Censures both at once, for one and the same temporal, or any ecclesiastical crime: her ecclesiastical Courts, could onely inflict ecclesiastical censures on her Subjects before this Act, for spiritual offences, but not fine and imprison them to. And would the Parliament( think you) then give so much power to every Commissioner by this Act, as to imprison, fine, excommunicate, deprive, degrade, and in some cases also to adjudge to death, or exile, any of her Subjects for ecclesiastical misdemeanours onely? This verily had been a strange oversight, rashness, and such a vasalage, as no wise men whatsoever would pull upon their heads: therefore it cannot be presumed of here, what ever our Prelates and their favourers pretend. 6. Sixthly, This very Act distinguished ecclesiastical Jurisdiction, Judges, causes, offences, proceedings and punishments from temporal, and temporal from ecclesiastical, both in the precedent and subsequent clauses, as things always distinct See Petrus Bertrandus, Eduensis Episcopus, De origine& usu Iurisdictionum, and Henry Lord Stafford of the true difference between regal and ecclesiastical power, King Edgers Orat. Fox Acts& Monuments p. 153. Soldeni ad Eadmerum, Notae 26. H. 8. c. 1. cook 5. Report. Cawdries case, Sir John Davis his Irish Reports the case of praemunire. and severed, in respect of their matter, maner, form, execution, and never confounded together: It cannot therefore be conjectured that it would unite and confounded them both together, in our Prelates and ecclesiastical Commissioners in correcting ecclesiastical offences by temporal and ecclesiastical process, censures, and proceedings both at once? 7. seventhly, This Statute gives the queen and her Successors the selfsame Jurisdiction, power and authority, as the Statute of 26. H. 8. c. 1. did to King Henry the 8. and his Commissioners; But King Henry and his Visitators, his Commissioners proceeded onely by ecclesiastical Censures against delinquents, not by temporal, as is clear by the very words of 37. H. 8. c. 17. Therefore the queens and her Successors by virtue of this Statute ought to do so now. 8. Eightly, The Statutes of 13. Eliz. c. 12.& 3. Jacobi, c. 4. 5. expressly rank the Commissioners in causes ecclesiastical in equipage with Archbishops, Bishops, and other ecclesiastical Judges, providing, that they may inflict ecclesiastical Censures, according to the ecclesiastical Law upon Ministers, who offend against the 39. Articles and recustomes to, notwitthstanding temporal Censures and penalties to be inflicted on them by temporal Judges and Justices; putting the ecclesiastical Commissioners in opposition to temporal Judges, and confining them expressly to ecclesiastical Censures; not one Statute so much as intimating that they can fine, imprison, or inflict any other temporal Censures, nor giving them power so to do. These Acts therefore, compared with the several Statutes of 37. H. 8. c. 17. 1. Ed. 6. c. 2. 2.& 3. Edw. 6. c. 1. 13. 19. 23. 3.& 4. Edw. 6. c. 10. 11. 5.& 6. E. 6. c. 1. 2. 3. 4. 1. M. Sess. 2. c. 2. 3. 1.& 2. P.& M. c. 6. 8. 1. Eliz. c. 2. 5. Eliz. c. 1. 23. 8. Eliz. c. 1. 13. Eliz. c. 8. 18. Eliz. c. 10. 23. Eliz. c. 1. 31. Eliz. c. 6. 4. Jacobi. c. 5. 1. Car. c. 1. 3. Car. c. 1. which expressly distinguish between temporal and ecclesiastical Censures and jurisdictions; appropriating the first, onely to temporal Iudges and Magistrates, the other to ecclesiastical, are a direct resolution, that the High-Commissioners and spiritual Iudges, can neither fine, nor imprison his Majesties Subjects for ecclesiastical offences, by virtue of the Statute of 1. Eliz. c. 1. but onely proceed by ecclesiastical process and Censures of the Church; and that this Act leaves all ecclesiastical offences and proceedings, as it found them without any alteration. 9. Ninthly, The Statute of Magna Charta c. 20. and others forecited, expressly resolve, that no man shall be imprisoned, sinned, outlawed, destroyed, or outed of his freehold, goods, and chatles, but by the Law of the Land. The See Marsilius Patavinus, Defensoris pacis, pars 2. c. 15 16. 17. &c. that Bishops have no coercive power to fine, or imprison, excellently proved, and Wicklif. Dialog. l. 4. c. 15. 16. &c. that they ought not to have persons to imprison any man,& Fox, p. 499. Law of the Land therefore being that ecclesiastical Iudges and Commissioners can fine or imprison, no free man for ecclesiastical offences, contempts, or breach of ecclesiastical Constitutions, Canons, Ceremonies, Orders, Injunctions, unless some Act of Parliament in express terms prescribes, and gives them such power. This statute of 1. Eliz. c. 1. which speaks not one syllable, that ecclesiastical Commissioners shall fine, or imprison any man for ecclesiastical misdemeanours, not punishable by fine or imprisonment before this Act, shall not by a mere wrested inferrence and implication, be interpnted or strained so far, as to give them such a power, in opposition to Magna Charta, and all the former positive laws; The rather. brook Commissions 3. 15. 16. 42. Ass. 12. 5. 38. Ass. 32. Imprisonment Br. 100. 8. E. 4. 14. 6. E. 4. 9. 39. E. 3. 7. 1. H. 7. 4. Fitz. Monstrance De feats 132. 2. H. 5. 5. 6. Dier. 475. Cook 7. Report. fol. 20. and 8. f. 117. to 121. and C. 11. f. 52. and Tr. 3. Caroli. B. Rex. The case of the town of Boston are expressly resolved, that no Corporation or company can prescribe or make By-Lawes, to imprison any man, because it is contrary to Magna Charta; and that Commissions, to arrest or imprison men, are void in Law, because no man ought to be arrested, but upon Inditement, suite of the party, or other due process of Law. 10. Tenthly, All ecclesiastical proceedings and Censures whatsoever in criminal causes are onely, pro Salute ainae& reformatione morum, as is resolved, C. 5. C. Report. f. 6. a. Cawdries case, which is effected by excommunications and penance, which punish the souls, not by fine and imprisonment, which punish onely the purses and Bodies of delinquents. This Statute therefore being principally made for the reformation of mens souls and manners by ecclesiastical Censures, as is resolved in Cawdries case, shall not be extended to fines and imprisonments, which are but corporal Censures. 11. Finally, The lower house of Parliament, in 3. and 7. jacobi, and in many Parliaments since, have resolved, that the High-Commissioners fining, and imprisonment for ecclesiastical offences,( which are not ordered to be so punished by express Statutes, yet in force, by spiritual Iudges and ordinaries) is an intolerable grievance, oppression, and vexation, not warranted by the Statute of 1. Eliz. c. 1. which gives them no such power, but to proceed onely by ecclesiastical process and Censures; Sir Edward cook, and the rest of the Iudges in their Conference with the Prelates before King james, and in their Declaration of the true grounds of their prohibitions to the High-Commissioners, composed, and committed to writing by his Majesties Fathers command, about the ninth year of his reign, delivered their judgements and resolutions, accordingly in direct terms, that the High-Commissioners could fine in no case, and imprison onely in case of heresy, and incontinency of Ministers, and that by way of Censure after conviction, not of process before it, as the discourse itself( which is common) witnesseth at large. These particulars being thus premised and proved, it is apparent See An. Melvini Celsae Commissions Anathomia. that the High-Commissioners cannot legally by the Law of the Land, impose any fine at all on any delinquents for any ecclesiastical offence whatsoever, because neither the Canon, nor any Statute Law whatsoever, now, or then in force, gives them, or any ecclesiastical judge, power to fine, or amerce any man for any such offence. And that they can imprison in no cases, but onely of incontinency of Ministers, and of heresy,( in which two cases ecclesiastical Iudges have power to imprison, by the Statutes of 1. H. 7. c. 8. and 25. H. 8. c. 14.) but in no other, that I can find in any Statutes, no not in cases of fighting and quarreling in Churches, or churchyards, Adultery, incest, Simony, Blasphemy, Drunckennesse, usury, Inconformity, and the like; which they may punish with Excommunications, or other ecclesiastical Censures, and by deprivation, perchance in Ministers, but not by fine or imprisonment,( as they now daily do) which is clear by the Statutes of 5. and 6. of E. 6. c. 4. 37. H. 8. c. 17. 1. Eliz. c. 2. 13. Eliz. c. 8. 12. 31. Eliz. c. 6. 23. Eliz. c. 1. 3. jacobi c. 4. 5. 4. jac. c. 5. and other forecited Acts, and that this is no private opinion of my own, but a generally received truth, I shall besides the resolution of the Parliament 7. jacobi, and of many Parliaments both before and since, and of the Iudges forementioned, city some particular judgements in point, Mich. 9. and 10. Eliz. in the C. B. ret. 1556.( which in 10. yeares after the Statutes first made, which erects the High Commission,) one Leigh an attorney of the Common Pleas, was committed by the High-Commissioners to the Fleet, because he was present at a mass, and refused to take an Oath to answer to Articles, which they would administer to him; whereupon he brings a Habeas Corpus in the C. B. and by the resolution and advice of all the Judges( some of which were present in Parliament, when this Act was made,) he was bailed and discharged of his imprisonment; not onely, because he was a necessary member of the Court, and so his attendance could not be spared, but principally, because the High-Commissioners had no power by virtue of this Act, to imprison any man, either for hearing mass or refusing an Oath to accuse himself. Dier. 175. B. In the first edition. So Mich. 18. and 19. Eliz. One hind was committed prisoner, by the High-Commissioners, for refusing to swear, to answer Articles, exhibited against him for usury; whereupon he brought an Habeas Corpus in the Common Pleas, and was discharged by the Iudges; because the High-Commissioners have no power given them by the Statute to imprison any man, either for refusing to take an Oath,( which the Statute gives them no authority to administer,) nor yet for usery itself: both which cases are reported by the Lord Dyer, then chief Iustice of that Court, and printed in the first edition of his reports, though( I know not by whose procurement,) omitted in the last editions of them. Anno 42. Eliz. in Simpsons case forecited, it was resolved upon mature deliberation by all the Iudges of England, that the High-Commissioners had no power at all by the Statute of 1. Eliz. c. 1. to arrest any man by pursuivant, or warrant, or, to attach his bodies appear and bring it before them, either by the sheriff, Constable or a messenger, nor to imprison any o●e for adultery, but that they ought to proceed onely by ecclesiastical process and Censures: notwithstanding their Commission to arrest and imprison men; which being not warranted by the Statute is void as to this particular. And hereupon Simpson indicted of w●llf●ll murder, for pistoling johnson, who came in aid of the Constable of Aldrington to arrest Simpson, by a warrant from the High-Commissioners, for committing adultery with Fusts wife, was acquitted and found not guilty by Iudges special direction to the jury. Anno 3. jacobi, one Berry was committed by the High-Commissioners, for irreverend speeches and saucy carriage to Doctor Newman, whereupon he brought an Habeas Corpus in the Kings Bench at Westminster, and was discharged by the Court, both for the generality of the return, and because the Commissioners have no power by the Statute, to commit any man for irreverend speeches or carriage to his Minister, though it be a misdemeanour: And the Court in this case resolved further, that whereas the Commissioners usually took bond of those who were cited to appear before them to answer to such interrogatories, which shall be administered to them, before they have seen their Articles, that all such obligations are void in Law:( and all oaths Ex officio too by the self same reason) neither have they power to require or take such bonds( much less then such oaths) of any by this Statute. Anno 11. jacobi, one brook an herald at arms, was committed to the Fleet by the High-Commissioners for refusing to pay such Alemoni to his wife, as they enjoined him: whereupon he brought an Habeas Corpus in the Kings bench, and was discharged by the Court, because the Commissioners have no power by the Statute of 1. Eliz. c. 1. to grant Alemony to discontented wives, and if they had, yet they could not by Law imprison any man, that refused to pay it. An. 6. Jacobi B. Rex, it was resolved in one Master Withers case, that the High-Commissioners could not arrest, or attach men by their pursuivants, but ought to proceed by Citation and Excommunication, onely as other ecclesiastical Courts do. Tr. 7. Jacobi B. Rex, in Warringtons case, it was resolved, that the Commissioners could not imprison any man for refusing to take an Oath to answer to Articles, or for hearing of mass; and the party so committed, was thereupon bailed. 7. Jacobi. C. B. it was adjudged in one haws case, that the High-Commissioners could not imprison a man, for refusing to obey the sentence of his ordinary in case of adultery. Pasche 8. Jacobi B. Rex. Meltons case, and 12. Jacobi B. Rex. Bradstones case, it was resolved that the Commissioners could not commit men, for refusing to answer Articles, or to give bond to pay expenses, or obey orders in cases of Alemony, between man and wife, Hill. 3. Caroli. B. Regis. One Lucas was detained close prisoner, in the house of a pursuivant, belonging to the High-Commissioners by their order, until he should pay 3. p. 13. s. 4. d. for the pursuivants journey into norfolk, and 6. s. 8. d. every day, that he had been in his Custody,( the usual fees, they now demand and take of all men,) whereupon a Habeas Corpus was prayed and granted to the prisoner discharged voluntarily by the pursuivant, and the fees ruled to be excessive, Hill. 3. Caroli B. Rex, Master George Huntly, a Kentish Minister, was committed by the High-Commissioners,, and fined by sentence of the Court, for giving contemptuous words to the Archdeacon, charging him with injustice, and refusing to preach a Visitation Sermon upon his command, to whom he owed canonical obedience, and other contempts to the Archbishop of Canterbury himself, as was pretended, whereupon he brought his Habeas Corpus; the Judges upon the Archbishops solicitation would not then bail him,( though bound by Law and Justice to do it) unless he would promise to submit to the High-Commissioners, which he refused standing upon the innocency of his cause to do. After this Hil. 4. Caroli. he brings there another Habeas Corpus, sergeant Hetley and Master Calthrop his council, prayed that he might be bailed. 1. Because his refusal to preach a Visitation Sermon upon the Archdeacons command, was no breach of canonical obedience, no Law or Canon requiring it. 2. Because the offences pretended, are not within the statute of 1. Eliz. c. 1. and if they were, yet the statute gives them no power at all to sine or imprison, but onely to proceed by ecclesiastical Censures; whereupon he was bailed at the Court. But lo the intolerable insolency of the Prelates, and their most contemptuous execrable affronting of Iustice:( the like whereof was never offered to the King and his Iudges in any age, deserving at the least a praemunire,) no sooner was this poor oppressed Minister bailed& released by the Court, but the pursuivants by a new warrant from the Commissioners, as he was going from the bar, within the view of the Court, apprehended him a fresh,& carried him over to Lambeth; where the Commissioners sitting the same afternoon, deprived him of his living, degraded him from his Ministry, imposed a great fine upon him, and committed him to a loathsome prison, onely because he sought to five himself from their former oppressions, by an Habeas Corpus; a legal course of Justice for all oppressed Subjects. And presently after, one Master Austen, the Archbishops chaplain, was presented by him to his living. This poor distressed oppressed, Minister hereupon endeavours to right himself by a course of Law; for which purpose he brings an Ejectione firm against Master Austen in the Kings bench, to recover his bnfice; and an Action of false imprisonment against the High-Commissioners and their officers( who deserved a more severer proceeding of another nature, or affronting the King and his Iudges in their execution of Iustice, and relief of an over injured Subject.) In which actions the Prelates and Commissioners by their mighty power have these 5. or 6. yeares together delayed him. And I know not upon what quirks and underhand doing got them discontinued by reason of the infinite delays and adjournments, and some negligence in the Clerks, in entering the continuances. Since which he hath brought new actions again, wherein they tyre him out with new delays; and have so far prevailed by their power with the Iudges, that they will neither assign him council to argue his cause, neither appoint him any set day for the argument of his action of false imprisonment,( which they now pretend is discontinued;) shifting him of with delays, contrary to the express letter of Chap. 29. Magna Charta, Wee shall sell to no man, wee shall deny or defer to no man, either justice or right, and to the Judges 18. E. 3. stat. 5. own oaths, ye shall swear that ye shall do even Law and execution of right to all the Kings Subjects, rich and poor without having regard to any person, and that ye deny to no man common right, by the Kings Letters, nor none other mans, nor for none other cause, and in case any Letters come to you contrary to the Law,( as to many Letters and messages now do,) that ye do nothing by such Letters, but certify the King thereof, and go forth to do the Law, notwithstanding the same Letters; which now few Iudges do, or dare to do; out of a sordid slavish fear of I know not whom or what; I am sure not of God, who requires Iudges, Exod. 18.21. Lev t. 19.15. Deutr. 1.16.17. c. 16.18.19.20. to be men of courage fearing him, that so they may not fear the threats or frowns of men. And by reason the swaying Prelates, and Iudges are so far engarged against this distressed creature, as to brow-beat all his council for his sake, he is now so destitute of all council, t●e Iudges refusing to assign him any, that he can procure no man cordially to pled his cause,( a great shane to the honourable profession of the Law) but is enforced to move the Court himself, and to entreat them that he may have liberty to argue his own cause. All which extremity this poor afflicted Minister hath undergone for almost 9. yeares space together, without any respiration, to the utter ruin of his estate, the enfeebling of his person, through penury and long imprisonment, onely for refusing to preach a visitation Sermon upon the Archdeacons command,( who by Lindewood Constit. l. 1. Tit. De officio Archdeaconi. the Canons and custom of the Church is bound to preach himself,) because of a present sickness, then upon him, and the shortness of the warning, in regard of both, which he desired to be excused, Proctors to the Archdeacon, to procure another, to supply his place, who would not accept of his money, or just excuses, but enjoined him to preach in person; which he not doing for the forementioned reasons, was convented before the High-Commissioners, and for this cause alone, and no other thus handled, as I have truly and impartially related. And are these proceedings censures think you( which every just and upright man must needs tremble and stand amazed at, and I trust his Majesty out of his most gracious royal Iustice will now lay to hart) agreeable to the forecited statutes, the Law of the Land, or tolerable among Christians? God forbid, that any Christian or moral heathen man should deem them so. To conclude this point: The Iudges of the C. B. 4 Caroli, in case of a Baliefe prosecuted in the High-Commission, for disturbing and arresting of a Minister in the Church, in the time of Divine Service, contrary to the statutes, of 5.& 6. Ed. 6. c. 4. resolved, Una voice, that the High-Commissioners could neither fine, nor imprison the party, for this misdemeanour, but onely excommunicate and enjoin him ecclesiastical Penance. And Judge Hutton and yeluerton at that time, in my own hearing, gave order to the parties council to insert this clause into his prohibition to the Commissioners, that they should not proceed to fine or imprison him; and if they did, the whole Court protested it was against the Law; and that upon a motion of his council, they would free him. By all which Reasons, Statutes, Resolutions, and Authorities, both of the Commons-Howse of Parliament, the Iudges of the Kings Bench, and Common-pleas, in queen Elizabeths, King james, and King Charles several reigns,( till the domineering humour of our present great swaying Prelates, I know not by what Law, or Iustice, stopped the currant both of Prohibitions, and Habeas Corpus, to relief the Subjects, against their unjust vexations fines, imprisonments,) it is apparent, that the High-Commissioners can fine in no case, and imprison onely in two cases, and so all their fines, most of their imprisonments, are mere oppressions of the Subjects, encroachments on their Liberties, therefore void in Law: In so much, that an Action of false imprisonment, and of the Case too, grounded upon the former statutes, will lie against them for it, at the Common Law, if not a praemunire. But admit, they had power to impose fines, for ecclesiastical offences, which I absolutely deny: yet then they ought to fine men, not So much was Sir Giles Allington fined. ten thousands, thousands or hundreds, as now they do, for mere toys and trifles, yea for small or no offences, to the utter ruin of their estates, loss of their freeholds, and ruin of themselves, and their families; but according to the quantity onely of their offences, if they be small, and for a great fault, after the maner thereof; saving still to the parties, their contentment, or freehold, to villainies their waynage, and to Marchants their merchandise; neither ought any man of the Church to be fined, after the rate of his spiritual bnfice, but after his lay tenement, and the quantity of his trespass, by the express statutes of Magna Charta c. 14. and 3. Edw. 1. c. 6. And if they excessively fine, or amerce any, contrary to those laws, Fitz. Nat. Bre. fol. 75. 76. 10. E. 2 Action sur stat 34. 17. E. 2. Process.& 204. 10. E. 3. 14. H. 4. Ammowry 60. 155. a writ of moderata misericordia, or Action of the Case upon those statutes, lies for their relief; the Law having this just and favourable respect to all men, that in all offences, not capital, for which the life and by consequence the estate to support it, are both forefaited on the attainder;( the delinquents in such cases, needing no livelihood, to sustain them, their lives being presently to be lost in Iudgement of Law,) it ever allows men, both the use of their callings, with asufficient stock to follow them, both for their present maintenance, preservation, and the public good; which our Prelates disrespecting, fine men beyond all bounds and moderation in all Courts of Iustice where they come, without any pitty, mercy or respect to mens necessities, freeholds, and the public good; puutting many men,( especially Ministers, of their own coat who are most conscionable and painful,) both from their callings, means, freeholds, to their destruction, which I am certain by Law they cannot do? An answer to the Bps& High-Commossioners objections in deafen e of their fining, imprisoning, and Ex officio proceedings. All that our Prelates can now allege for excuse of these their illegal exorbitant proceedings, not sufferable among Christians, is but this; 1. First, That they have a commission from his Majesty, authorizing these their proceedings and censures. 2. Secondly, That their Predecessors usually proceeded, fined, imprisoned thus before themselves, and they do but tread in their footsteps. 3. Thirdly, That the star-chamber examines men in criminal causes upon oath, and fines, and imprisons men to; Ergo they may do it. Answ 1. To the first of these, I answer; First, that their Commission itself warrants not sundry of their extravagant arbitrary censures and proceedings, though it be very large. 2. Secondly, That the largeness of their Commission, is not by any direction from his Majesty, or his council, but by their own solicitation, fraud and procurement, many passages and clauses being inserted into the two last Commissions, which were not in the former; and some of them so unlimited and illegal, that Master Noy, the late Kings attorney, made a que●e in the margin of his Doclet, for the last Commission, whether some of them were not to large and unfit to pass the seal. 3. Thirdly, This Commission thus procured either fraudently, or with strange hand by themselves, is directly against the laws and statutes of the realm, not warranted by 1. Eliz. c. 1. therefore void in law, and these their proceedings, illegal, unjust, oppressive, notwithstanding the Commission; wee red of Saul, Acts 9.1.2. that he breathning out threatenings, and ●laughter against the Disciples of the Lord, went to the High-Priest, and desired of him Letters,( or a Commission,) to Damascus, that if he found any of this way, whether they were men or women, he might bring them bound into jerusalem;( as our High-Commission Puisevants serve Gods people now,) which Commission he obtained. But yet this was no 1. Tim. 1.13.15 Gal. 1.13. Acts. 22.4. c. 9.4.5. Phil. 3.6. excuse or Justification of his persecution of Gods Saints; No more are your Commissions sued for by yourselves, any plea to extenuate or defend your persecutions, oppressions, and exorbitances. The Iewes cried out against our Saviour, John. 19.7 that they had a Law, and by that Law he ought to die; was Pilates condemnation, and their execution of him therefore lawful? Ps. 64.20. David informs us of a throne of iniquity, that hath no fellowship with God, which frameth mischief by a Law or Commission. By virtue of which they gathered themselves together against the righteous, and condemned the innocent blood. But will this Commission justify their sin? 1. Kings. 21.8.9 10 The Elders of the city, who most unjustly condemned Naboth, had a Commission under Ahabs great seal for their warrant, but yet this was no extenuation, but a more grievous aggravation of their injustice and murder. See Socrat. Scholast. Eccles. Hist. l. 2. c. 27. 28. 29. 30. George the Arrian Bishop, and Macedonius his confederate, had a Commission and the Emperors Edict to warrant their barbarous tyranny and proceedings, against the orthodox Bishops and Christians, whom they imprisoned, fined, and butchered, yet this would not excuse their persecutions. Fox Acts& Mon. passim. See 25. H. 8. c. 14. The like Commissions had Boner, and other our own persecuting Prelates, in Henry the 8. and queen Maries dayes; yet this would neither justify nor extenuate; but aggravate their sinfulness, and illegality, of their bloody proceedings: But to come nearer home, 24. E. 3. 42. Ass. 5.& 12. brook Commissions, 3. 15. 16. it is resolved, that if the King grant a Commission to any man to imprison, or seize another mans person, or goods, before or without indictment, suite of some party, or other due process of Law, and thereupon the Commissioners accordingly arrest him or seize his goods; that this Commission being void, and against the Law, can no ways justify, nor excuse the Commissioners; in the 1. and 2. year of our present sovereign King Charles, there were divers Commissions granted out for the executing of Martiall Law, upon billeted Souldiers and mariners, in times of peace, whiles the Kings Courts of justice were open; and likewise to convent men, concerning the loan, and to administer an Oath, to such as refused to lend money; together with a Commission, for an excise upon divers Commodities; yet all the Commissions by the Petition of Right, and the whole Parliament, 3. Caroli, were adjudged to be against the Law of the Land, and Liberties of the Subjects, and so unsufficient to justify the proceedings, oaths, imprisonments, executions, grounded on them, or to excuse the parties, that executed them. Halls Chro. An. 1. 2. H. 8. f. 1. to 9. Speeds Hist l. 9. c. 21. p. 999. Empson and dudley h●d a Commission from King Henry the seventh, for what they did, yet they were attaincted in Parliament, and executed as Traitors by King Henry the eight, notwithstanding their Commission; how many Monopolists,( as Sir Giles Mompersons and others,) have been severely punished in Parliaments, notwithstanding their Patents and Commissions? why then our High-Commissioners may not be lawfully, and justly fined, imprisoned, suspended in the Kings Bench, or star-chamber, for fining, imprisoning, oppressing his Majesties Subjects, against all Law and Iustice, notwithstanding their Commission, which will neither excuse, nor patronise their proceedings, either before God, or men, I cannot yet conjecture; and why an Action of the case, of false imprisonment, and a praemunire too, should not lie against them for the present, by the parties grieved, I see little case to question? Wee know that many Patents and Commissions, under the great seal for Cookes Reports. l. 8. f. 125. to 130 l. 10. f. 113. l. 11 f. 53. 84. to 89. monopolies, are and have been condemned, and adjudged, void, and suppressed, as great grievances and oppressions to the Subject, and contrary to the laws of the realm, yea the Statute of 21. Jacobi c. 3. against Monopolies, declares, that all Commissions, Grants, Licenses, Charters, Letters Patents, Proclamations, Inhibitions, Restraints, Warrants of assistance, erecting, or tending toward the erection of any monopolies, are contrary to Law, and shall be utterly void, and of no effect, and in no wise to be put in ure or execution; and if any presume to execute the same, that an Action upon the statute shall be against him, wherein he shall render triple damages to the parties grieved, notwithstanding his Letters Patents, or Commission, which will not excuse his fault: Therefore our High-Commissioners, may by the same reason be questioned and punished for their illegal imprisonments, fines and proceedings, notwithstanding their Commission. Finally, It is a rule in Law, Littleton Sect 395. Cookes institutes, ibid.& Sect. 200 410. that no man shall take advantage of his own colusion, fraud, hurt, or wrong; 5. E. 3. 8. 8. E. 3. 70. 18. E 3. 58 9. H. 7. 21. Fitz. Excom 5. 9. Cookes Instit. 201. If a Bishop excommunicate another man, who brings an Action against him at the Common Law, the Bishop cannot pled his excommunication in bar of his Action, because pronounced by himself: The same Law holds in case of Littl●ton. Sect. 678. 679. 688. 689. 690. 200. 395. 410. 203. and cook Ibid remitters, descents, disseisins, and the like by collation or wrong, he that is party or consenting to them, shall have no advantage by them. Our Prelates are all parties and privies in procuring this torcious illegal Commission, therefore they shall take no advantage by it, from it, to extenuate or justify their illegal proceedings, censures, oppressions, by colour of them; the rather, because, both the Parliament and Iudges have oft adjudged these their Commissions void in Law, and their proceedings on them, great grievances, pressures, and injustice, the statute of 2. H. 4. c. 15. Fox Acts& Mon. p. 539 549. 481. 482. ( made by the Prelates themselves, without the Commons assent, which they foisted into it,) resolves, that ordinaries and ecclesiastical Judges, cannot by their Jurisdiction, spiritual imprison, which the statutes of 5 R. 2. c. 5. 2. H. 5. c. 7.& 1. H. 7. c. 4. further manifest; yea See Lindewood l. 5. De Poenis, f. 232. a. Lindewood himself determines, that a lay-man cannot be imprisoned by an Ecclesi●sticall Judge, for any ecclesiastical crime whatsoever. Therefore no Commission can authorize them to do it. Answ. 2. To the second excuse, I answer, that by the like prerext, the Prelates may excuse almost any sin. Their Predecessors have Tyndals daily practise of Popish Prelates, Henry Stalbridge his exhortatory Epistle. Fox Acts& Monuments p. 168. 169 174. 175. to 250. 303 320. 321. 350. 409. 410. 368. to 425. 431 435. 436. 451 to 474 495. to 546 581. to 788 and elsewhere. oft times been Traytors, Rebells, Oppressors, Murtherers, Persecutors, ambitious, covetous, proud, merciless, luxurious, lecherous, idle, Simmonaicall, Wolves, False-teachers, Non-residents, Pluralists, malicious, envious, revengeful, yea Pilates, impostors, Devils incarnate, as Ad Pastores& ad Clerum Sermo. saint Bernhard, and others style them. Ergo, they may now be such by authority without offence; because they walk in their Predecessors steps, as to many of them truly do. If this be no good consequent, then not the other. Secondly, I answer, That these proceedings, and censures, of their Predecessors, have been condemned, declaimed against as Antichristian, tyrannicall, illegal, barbarous, and inhuman by our Parliaments, our Iudges, our Fox Tyndall, Rhodoricke, Mors, Henry Stalbridge, the petitioner to queen Eliz. and sundry others, forequoted, Dr. Rames his Supplic. to King Henry the 8. 25. H. 8. c. 14. writers, yea by Fathers, and others witness, Origen in Epist. ad Romanos. l. 9. c. 13. tom. 3. fol. 212. who from these words, wilt thou not be afraid of the power, &c. makes this inference, From hence it appears; that the secular Iudges of the world, do fulfil the greatest part of the Law of God; For all crimes which God w●ll have to be avenged, he will have to be avenged, NON PER ANTISTITES ET ECCLESIARUM PRINCIPES, not by Bishops, and Governours of Churches, but by secular Judges. And Paul knowing this, doth rightly name him the Minister of God. saint Hilary, on the second psalm p. 199. 〈◇〉 demands this question, What, had Paul any Civill power or magistracy, that he should threaten a rod to the Corinthians, and that he would come to the Church of Christ with the office of a sergeant, or pursuivant? Verily, wee are not thus to imagine, yet our Lordly Prelates must have their pursuivants and gailers attending them and their Lindewood l. 5. De Poeni● f. 232 a. prisons too. The same Father in his Epistle to Auxentius proceeds thus: Have the Apostles assumed to themselves any dignity, or civill power from the Princes palace? yet now the Church affrights men with banishments and imprisonments, and compels men to be committed to herself, who was formerly committed to banishments and prisons. Eccl. Hist. l. 7. c. 7. 11. 13. Socrates Scholasticus, observes, that Cyrillus Bishop of Alexandria, and Boniface Bishop of Rome, PASSING THE BOUNDS OF THEIR priestly ORDER, presumed to challenge themselves secular power and authority, which none of their Predecessors, or any other Bishops did before them; taking upon them besides the oversight and Jurisdiction of the Clergy and ecclesiastical matters, the government also of temporal affairs, and secular Jurisdiction: in so much, that they shut up the Churches of the Novatians, spoyled them of their goods, and committed them to wars; yea Cyrilius executed some of the Jews in Alexandria, and banished the residue of them for a murder, committed upon the Christians. All which this Historian taxeth in them, as a mere presumption, exceeding the bounds of their priestly function, and a thing not formerly practised by any orthodox Bishops. Rupertus the Abbot, on Matth. l. 8. saith thus: The Rod of the Disciples of Christ is a rod of love: but the rod of domination or temporal rule, is not granted to the Ministers of the gospel of peace. De Instit. Episc. Tract. Petrus Blesensis, Archdeacon of Bath, writes thus to John Bishop of Worcester: Thou art set ever mens souls, not their bodies: Nihil Prelato commune est cum Pilato: A Prelate hath nothing common with Pilate: and thence he infers, that they ought not to intermeddle with any temporal affairs, or causes of blood, imprisonments, demembrations, and the like. anselm, Archbishop of Canterbury, determines thus: In Matth. 26. As that, which belongs to the ministerial function, appertains not to Kings: So neither ought a Bishop to exercise those things, which belong to the Kings, as the power of fining and imprisonment doth. Our famous great schoolman De Potesta. Pont. qu. 1. c. 4. 7. William Occam resolves thus: Christ hath interdicted his Apostles that domineering maner of governing, observed of the Potentates of the world. And these two distinct powers, temporal and ecclesiastical, which God would have to belong to different persons, ought not to fall together unto one person: Whence he resolves, that neither the Pope, nor any other Prelate, ought to exercise any temporal Jurisdiction over the bodies of men. Defensoris Pacis, pars 2 c. 15. 16. 17. &c. Marsilius Patavinus, proves at large, that neither the Pope himself, nor any Bishop or Clergyman, hath, nor ought to have any coërcive power at all over mens bodies, to fine or imprison them; it being directly prohibited by the Scripture in sundry places, and in Matth. 20.25.26. Our famous English Apostle See Fox Acts and Mon. p. 399 412. Thomas Walsingham Hist Angl. p. 205 302 to 307. John wickliff, Dialogorum, l. 4. c. 15. 16. 17. 18. 26. 27. maintains the selfsame Position, and proves at large, that Bishops ought not to have any prisons, or to imprison any man, for any cause, nor yet to exercise any temporal power or Jurisdiction; and that it is a mortal sin for them, to use any civill dominion, or for Princes, to give them such authority, contrary to our Saviours express inh●bition. Our famous Martyr Practise of Popish Prelates, p. 342 343. Master Will●am Tyndal● writes thus: That since Christs kingdom is not of this world, or any of his Disciples may be other wise then he was, therefore Christs Vicars, which minister his kingdom here in his bodily absence, and have the eversight of his flock, may be no Emperors, Kings, Dukes, Lords, Knights, temporal Judges, or any temporal Officer, or under false names have any such dominion, or minister any such office as requireth violence. The Officers in Christs kingdom may have no temporal Dominion or Jurisdiction, nor execute any temporal authority or Law of violence, nor may have any like maner among them: Christs kingdom is altogether spiritual, and the bearing of rule in it, is clean contrary to the bearing of rule temporally. And therefore the And by the same reason, our Prelates be derived from it, and tending to support it. Popes kingdom is of the world; For there every man reigneth over another with might,& have every ruler his prison, his jaylor, his chains, his torments, even so much as the Friers observants observe that rule, and compel every man, other with violence, about the cruelnes of the heathen tyrants. Our famous Martyr John Frith, in his answer to the Bishop of Rochester p. 57. concludes thus: To say that Christ would have his Disciples to compel men with imprisonment, with fitters, scourging, sword and fire( the learned Prelates best and canonists arguments to convince men,) is VERY FALSE, and far from the mildness of a Christian spirit, although my Lord approve it never so much. For Christ did forbid his Disciples such Tyranny, yea and rebuked them, because they would have desired, that fire should descend from heaven, to consume the samaritans, which would not receive Christ, Lu. 9. But he commanded them, that if men would not receive their Doctrine, they should depart from thence, and sprinkle off the dust of their feet, to be a testimony against the unfaithful, that they had been there, and preached unto them the word of life. But with violence will God have no men compelled unto his Law. Finally, what doth they compulsion& violence, verily nothing, but make a stark Hypocrite, for no man can compel the heart to believe a thing, except it see evidence and sufficient proof. So Doctor Andrew Willet in his Synopsis Papismi, the 7. general controversy, Quest. 2. Sect. 3. p. 399. condemns the Violence used by the popish Prelates, in imprisoning, torturing, and racking men to accuse themselves, or others, or confess the truth: Which though in some dangerous cases, as of High-Treason and such like, where there is great peril of concealing the truth, and no other way to sift it out, it may be admitted; Yet to use it in an ordinary cause as the Papists did, and in causes of Religion, it is to shameful, and OF ALL CHRISTIANS TO BE ABHORRED. Master Andrew Melvin, in his excellent anatomy of the High-Commission, printed 1620. proves at large: That Bishops and Clergymen, neither as they are such, nor yet as High-Commissioners, or temporal Officers, can or ought to commit or imprison any man, because these being branches, onely of temporal Magistrates Jurisdiction, are expressly prohibited all Bishops and Ministers by our Saviours, Vos autem non sic: Matth. 20.25.26. both directly and indirectly, the inhibition being a universal negative, reaching to the persons as well as to the functions of Ministers and Prelates, whom Christ would not have to intermeddle with any temporal office, or Jurisdiction, belonging to the temporal Magistrate, no more then he would have temporal Magistrates to administer the Apostles, or Ministers office. And it will be a poor plea for Bishops, and other Clergymen at last, when Christ shall arraign them, for breach of this oft reiterated command, to reply; that they imprisoned, fined, and pursevanted his servants, and their fellow-Ministers, as they were High-Commissioners, Lords of the council, or Iustices of peace,( neither of which Christ ever made or allowed them to be,) not as they were Bishops, or Ministers: and if Christ condemn them for it, as such; I am afraid, they will hardly be saved, as they are Bishops or Ministers. Since therefore all these Fathers and writers, with infinite others, condemn your fining, and imprisoning of men, as directly contrary to Gods word, and Christs own inhibition: your walking in your Predecessors unlawful ever condemned footsteps, is but a Ps. 68.21. going on still in wickedness, oppression, injustice, with an high hand against the laws of God, and the realm; therefore an aggravation, not an extenuation of your offence, your sin and desperate wickedness. 3. Thirdly, Your Ancestors fining, imprisonment, administering oaths before sight of Articles, for men to accuse themselves,, arresting men, breaking up their houses by pursuivants, &c. being against Magna Charta and the precedent statutes, can make no good prescription; since no person 38. Ass. 32 42. Ass. 5. 12. cook 5. Report. f. 81 and 7. Report. f. 20. 1. H. 7. 4. 6. E. 4. 9. 8. E. 4. 14. 39. E. 3. 7. Regist. 273 Monstrans De Faits 182 brook Imprisonm. 100. and Commissions 3 15. 16. or Corporation can prescribe to imprison, or make by-lawes to imprison others,( no not the City of London itself,) because it is contrary to Magna Charta, as was adjudged in the case of Boston, upon a quo warranto, Tr. 3. Caroli. B. Rex and oft times resolved before that case, in printed Law books. The Law therefore not allowing you do any of these, you cannot pled prescription in them as a good title or justification; the rather, because the ecclesiastical Commission itself was erected 1 Eli. c. 1. within time of Memory, and the present commission is yet scarce 4. yeares old, and the High-Commissioners fining and imprisoning, hath yet ever since it hath been used with one consent, been declaimed against as illegal, and so oft adjudged. 4. Finally, The Commissioners and Prelates now exceed their Predecessors in all the forementioned extravagancies, growing every day more violent, exorbitant, and oppressive; therefore this fond excuse, will no ways palliate or extenuate their illegal Actions, Censures, proceedings, which are execrable, abominable, both to God or man, diametrally opposite to all these wholesome statutes, intolerable oppressions, and grievances to his Majesties loyal Subjects, and so merely erroneous and void in Law, by these forecited statutes resolution? 3. To the Third, That the star-chamber examines men upon Oath against themselves, and fines, and imprisons men: Ergo, the High-Commissioners may do it. Answ. 1. I answer, First, That the Argument is a mere Non sequitur: the one Court being Civill, the other ecclesiastical, both in respect of causes and proceedings, the one kept onely by an arbitrary Commission; the other absolute by Act 3. H. 7. c. 1 See Cromptons Iurisd. of Courts, f 29. to 42. of Parliament. And if this be a good argument, I know no reason, but every Bishop may infer as well: The star-chamber can fine, imprison, examine men upon Oath, in criminal causes: Therefore wee may do it in our Consistories and Visitations, which Conclusion is both false and absurd. And the High-Commissioners may as well argue, that the star-chamber adjudgeth men to See Crompton Ibidem. the pillory, to loose their ears, and the like; and may pun●sh all forjuries, perjuries, routs, riots, conspiracies, trespasses in parks, subornation of perjury, and the like: Therefore the High-Commissioners may do it. I am sure, they dare not argue thus; The Kings Bench can hold plea of trespass, Debt, Felonies, murders, Treasons, and adjudge men to death for the same; Ergo, the ecclesiastical Commissioners may do it: This were but a frenticke consequent: Why not then the other? Shall the Lords of the star-chamber argue thus? The High-Commissioners may hold plea of all ecclesiastical offences, and punish men by excommunication, degradation, sequestration, and other ecclesiastical Censures; Ergo, we may much more do it? If the Prelates will not grant this consequence, as I presume they dare not: I must by the same, or far better reason deny to grant the other. But to give a more punctual answer. The statutes of 37. E. 3. c. 18. 38. E. 3. c. 9. 16. R. 2. c. 2. 3. H. 7. c. 1. 5. Eliz. c. 9. 14. if not the Common Law itself authorize the star-chamber to fine, imprison, and inflict other corporal punishments, in such cases, as are expressed in these Acts; as Master Crompton in his Jurisdiction of Courts, Tit. Court De star-chamber, f. 29. to 42. at large demonstrates. But no statute, much less the Common Law, gives the High-Commissioners any such power. 2. Secondly, The star-chamber being a temporal Court, for the punishment of the highest temporal offences, which are not capital, may inflict temporal censures and punishments,( as fines and imprisonment) on delinquents, yet they cannot impose ecclesiastical. But the Commissioners( being 1. Eliz. c. 1 8. Eliz. c. 1. 13 Eli. c. 12 3. jac. c. 4. 5 26. H. 8. c. 1. 37. H. 8. c. 17. and other forecited statutes. The difference between the star-chamber and High-Com. oaths proceedings. onely ecclesiastical Judges, in ecclesiastical causes, punishable by no Common or statute Law, but by ecclesiastical Censures onely,) cannot inflict temporal punishments, as fines and imprisonment, no more then the star-chamber can ecclesiastical Censures, for temporal offences; much less then, both temporal and ecclesiastical punishment for one and the self same offence, which no Court of Iustice else can do. 3. Thirdly, It is true, that the star-chamber useth to examine men in criminal causes upon Oath, and men are there bound, to put in their answers upon Oath, to the informations, and bills, exhibited against them; but then wee must consider, 1. First, That no other Court of Iustice else can or doth use it, but the star-chamber onely; The Kings bench cannot examine felons, traytors, trespassers, or any persons indicted, or informed against before them, nor yet compel them to answer upon Oath. The chancery, Exchequer-Chamber, Court of Wards, and Court of requests, though they injoine men in Civill causes onely, concerning the rights and properties of goods, and such like, to answer to English Bills upon Oath; yet they cannot do it against; as hath Dyer. 288. been adjudged: and though they use sometimes in cases of Contempts, and of them alone, to examine men upon Oath to Articles criminally objected against them, yet this is extrajudicial, not warranted by Law; and the parties examined may lawfully refuse such Oath, and put the Court or party, whom it concerns, to prove the contempt by witnesses. If then neither, the Kings bench, chancery, or any other Court of Iustice, but the star-chamber onely, can examine men criminally upon Oath; I may better conclude, that the High-Commissioners cannot do it, because no other Courts else, but the star-chamber can or do ordinarily use it; Then our Prelates infer, that they in the High-Commission may do it, because the star-chamber ordinarily doth it, but no Courts besides. 2. Secondly, The star-chamber Iudges have authority( at leastwise some good colour of authority, thus to proceed, by the statutes of 3. H. 7. c. 1. and 21. H. 8. c. 20. which give them express power, to call delinquents before them by writ, or privy seal, and them and other by their discretion, by whom the truth may be known; to examine,( to wit, upon Oath as common practise hath interpnted it, though it be not expressed) where the Judges in their discretions shall think meet: notwithstanding some learned judicious men have conceived, that this clause authorizeth not the star-chamber to examine delinquents criminally upon Oath, to accuse themselves, it being contrary to the Common statute, Canon Law, Scripture, and the proceedings, both of the Jews and Romans, as the Premises evidence, but onely without Oath, and none but witnesses, onely upon Oath. But let this be interpnted as it may be, yet the Statute of 1, Eliz. c. 1. gives the High-Commissioners no power at all, to administer any Oath, no not of Supremacy prescribed by it, much less to examine any man at their discretions upon Oath, for any ecclesiastical offence, there being no such clause, as this in that Act; And by the Common and statute Law Matthew Paris Hist. mayor. p. 693. 694. 705. Regist. pars. 2 f. 36. b. 43. a. 50. a. 95 b. 99. a. rastal Prohibition. 5 Fitz. nat. Brev 41. A 2. H. 5 c 3. 2. E. 6. c. 13 Fullers Argument. The Petition to Queen Eliz. Master morris his Treatise of oaths. ecclesiastical Judges can administer an Oath to none in any criminal, or civill matters, but onely in cases of Matrimony and Testament: Therefore the High-Commissioners have no Law, nor colour of Law to administer oaths to men, to answer criminal Articles to accuse themselves, though the star-chamber hath. 3. Thirdly, In the star-chamber, no man is forced to take an Oath, as soon as he appears to answer to the Bill, or Information exhibited against him, or to Articles framed on them, before he seeth the Bill, or the charges therein comprised; neither is he denied a copy of them, by which to frame his answer, nor proceeded against, without any Prosecutor assigned; neither is he forced to answer, what he thinks or believes, or how he likes or dislikes things in his Iudgement; or to Fox Acts& Monum. p. 539. 750 751. 753. 754 to 764 951. 956. 957. 960. 1224. 1225. detect and accuse others,( as all, or many are in the High-Commission;) But upon his apparance, he hath liberty to take out a copy of the bill and complaints against him, to carry, to his counsel, to demur in Law thereto without Oath, if there be cause; or otherwise to pled a general not-guilty, and so put the prosecutors to their proofs by witnesses, without any self examination upon Articles; or else to put in such a particular answer as his counsel shall advice and direct; upon the putting in whereof, he onely takes an Oath, that it is a true answer; and to give a true answer to such Articles as he shall be examined upon concerning the chargs in the Bill,( being always matters of fact, not thoughts) which he knows and adviseth upon before hand, with his counsel. Which Articles, comprising nothing, but what is contained in the Bill,( See the Treatise of the star-chamber,& ordinay experience which proves. this true. else the party may demur and refuse to answer them,) he needs give no other answer to them, what he hath given before to the Bill by advice. The oaths and proceedings therefore of the star-chamber, being so far different from those of the High-Commissioners, and far more just and legal, then their See And. Melvini Celsae-Commissions Anatomia. strange exorbitances, can be no justification of their legality, but a direct condemnation of them as altogether extravagant, unjust and illegal, as our Parliaments and Iudges have ever reputed them, and all other men of common reason or honesty to, except themselves. To conclude this point of the High-Commissioners, and Bishops strange oppressions and proceedings, contrary to the fore-named statutes in all the recited particulars; I find a notable President of a Commissioner of Oyer and Terminer, in the Register pars 2. f. 125. &c. Register, to inquire of the oppressions, cruelties, exactions, and exorbitances of the Bishop of Winchester and his Officers, exactly parallel with these of the High-Commissioners and our Prelates now, which will notably decipher them in their true coulers, and show, how dishonourable, how contemptuous they are to the King himself, how pernicious to his Subjects: Rex Vicecomiti salutem, Exclamosis quaerimoniis diversorum hominum de comitatu tuo ad nostram saepius pervenit auditum, quod A. Episcopus Win. nec non bellivi constabularij,& alij Ministri& servientes ipsius Episcopi, plurimas& diversas oppressiones, extortiones duritias, damna, excessus& gravamina, intollerabilia dictis hominibus, in diversis partibus comitatus praedicti, tam infra libertates quam extra multipliciter& diversimodè intulerunt,& de die in diem infer non desistunt, plures de dictis hominibus vi& armis multotiens verberando, eosque capiendo, imprisonando,& in prisona forti& dura So the High-Commission served many, especially Mr Haydon, Mr Brewer and some separatists of late, who refused the Oath Ex officio, whom they would not suffer to have any beds, fire, or other necessaries. supper terram nudam& absque alimento, famed, frigore,& nuditate ferè ad mortem cruciando,& eos in prisona hujusmodi, donec fines& redemptiones ad voluntatem suam fecerint, nullo modò deliberari permittendi; nec non Thus do the Bishops and Commissioners pursuivants, break open, and ransack mens houses, studies, closerts, Chests; tak● away their books, writings, Papers, and if any sue them for it, they are clapped up in prison, and enforced to give over their actions. domos quorundam hominum hujusmodi vi armata fraudendo,& bona& catella sua capienda,& asportando, eosdemque uxores& servientes suos verberando, vulnerando& male tractando,& hominibus supper hujusmodi duritiis conquaeri volentibus in tantùm commando, quòd iidem homines in hundredis& aliis curiis dicti Episcopi, vel alibi negocia sua indè prosequi metu mortis non sunt ausi;& alia hujusmodi, mala damna,& excessus inhumaniter in dies perpetrando, Note that these proceedings are dishonour& contempt to the King, the fountain of Iustice. in nostri dedecus& contemptum,& populi nostri partium praedictarum destructionem& depressionem manifestas undè plurimùm conturbamur, nos oppressiones duritias damna& excessus, ac gravamina praedicta si perpetrata fuerint nolentes relinquere impunita, volentesque salvationi& quieti dicti populi nostri in hac parte prospicere, ut tenemur; assignavimus dilectis& fidelibus nostris &c. sciri poterit, de oppressionibus, extortionibus, duritiis, damnis, gravaminibus, praedictis, per dicti Episcop●● ballivos, constabularios ministros& servientes suos& alios quoscunque de confederatione sua in hac parte existentes qualitercunque perpetratis;& de praemissis omnibus& singulis plenis veritatem,& ad quaerelas omnium& singulorum pro nobis vel pro se ipsis indè conquaeri& prosequi volentium, nec non ad praemissa omnia& singula tam ad sectam nostram quàm aliorum, quorumcunque audienda& terminanda, secundum legem& consuetudinem regni nostri Angliae. Et ideò tibi praecipimus, quòd ad certos, &c. tibi scire fac venire fac coram, &c. quos &c. tot& tales probos,& legales homines de balliva tua tam infra libertates quàm extra, per quos rei veritas, in premissis meliùs sciri poterit& inquiri. Et habeas &c. Whether the like Commission be not meet to be now granted out, to inquire of our Prelates and ecclesiastical Commissioners, barbarous inhuman oppressions, cruelties and proceedings of this nature, and severely to punish the same, I humbly submit to his Majesties and his Counsels grave considerations. 2. The Statutes of 25. H. 8. c. 14. 19. 21. 27. H. 8. c. 15. Against Bps Visitation Articles, Orders, Ceremonies, Innovations. 1. Eliz. c. 1. 2. 13. Eliz. c. 12. utterly disable the whole Clergy in their Convocations and synods, and every Prelate in his Visitation Consistory or diocese, so much as to presume, to attempt, allege, claim, put in Ure, enact, promulge, or execute any Canons, Constitutions, ordinances, provincial or synodal, Rites, or Ceremonies whatsoever, unless they may have the Kings most royal essent and licenses, under his great seal, both to make and likewise to confirm, promulge and execute the same. And they further declare, that all Canons, Constitutions, Ceremonies, Rites, Orders, Articles, made by the whole Clergy or any of them, without the Kings special licence, and confirmation under his great seal, and the Parliaments approbation too, are merely void, no ways obligato●y, and not be commonly accepted, received, or obeied, as any Law of God or man within the realm: which likewise appears by the several statutes of 4. E. 1. c. 5. 20. H. 3. c. 9. 36. E. 3. c. 8. 31. H. 8. c. 8. 14. 32. H. 8. c. 15. 26. 38. 34. H. 8. c. 1. 37. H. 8. c. 17. 1. E. 6. c. 1. 2. 9. 2. and 3. E. 6. c. 1. 13. 19. 21. 23. 3. and 4. E. 6. c. 10. 11. 12. 5. and 6. E. 6. c. 3. 4. 5. Eliz. c. 1. 8. Eliz. c. 1. 23. Eliz. c. 1. and 35. Eliz. c. 1. Hence was it, Fox Acts and Mon. p. 56. Bishop jewels Reply to Harding. Artic. 3. Divis. 24. p. 142. Antiq. Ecclis. Brit. p. that when King Luc●us sent to Pope Eleutherius,( upon his Commission to the Christian faith:) for the Roman laws and Canons, to govern the Church and kingdom by; the Pope returned him this answer: ye have received through Gods mercy in the realm of britain, the Law and faith of Christ, ye have within the realm, both the parts of the Scriptures. Out of them by Gods Grace WITH THE COUNSELL OF YOUR realm,( to wit a Parliament, not your Bishops and Clergy,) TAKE ye A LAW, and by that Law( through Gods sufferance) rule your kingdom of britain: For you be Gods Vicar in your kingdom &c. Where the Pope prescribes, and refers the making of ecclesiastical laws and, Canons, not to the King or Clergy, but to the King and Parliament. Hence the Canons of the council of Clonesho, An. 747. were made, and confirmed in Parliament by King Ethebald and his Dukes, and Nobles. Malmesburiensis, De Gestis pontiff. Angliae, l. 1. p. 197. In the council of Westminster, under anselm, An. 1102. both the King and Nobles were present, that so whatsoever was determined by the authority of the council, Utriusque ordinis concordi cura,& solicitudine ratum, servaretur. SIC ENIM NECESSE ERAT. Malm. Ibid. p. 218. and Eadmerus, l. 3, p. 67. l. 4. p. 94. 95. and William the Conqueror, Edger, Canutus, Ira, Alfred, Edward the Elder, Ethielstane, Edmond and Ethebrede made ecclesiastical laws and Canons in Parliament, as Lambard in his Arch●onomia, Fox Acts and Monuments, p. 714. 715. Bishop jewel Defence of the apology, part. 6. c. 2. Divis. 1. p. 521. 522. Joannis Seldeni Notae ad Eadmerum, p. 167. 168. testify at large. The book of the Common prayer and administration of the Sacraments, and other Rites and Ceremonies of the Church of England, made and confirmed by Parliament, exactly prescribes all Orders, Rites, and Ceremonies whatsoever, that shall or ought to be used in the Church of England in time of Divine Service, or Sacraments, both by Ministers and people. And the Statute of 1. Eliz. c. 2. enacts, that no maner or Person, Vicar, or other Minister, whatsoever shall use, or by open fact, dead, or threatenings compel, or cause, or other wise procure, or maintain any Person, Vicar, or other Minister, to use any other Rite, Ceremony, Order, form, or maner of celebrating the Lords Supper, Matten, Evensong, administration of the Sacraments; or other open prayers, then is mentioned and set forth in the said book, under the forefeitures, and penalties mentioned in that Act, providing, that if there shall happen any contempt, or irreverence to be used in the Ceremonies, or Rites of the Church, by the misusing of this book, the queens Majesty,( not her Bishops, Heires or Successors,) by the advice of her ecclesiastical Commissioners, or of the metropolitan of this realm, might ordain and publish such further ceremonies or Rites, as may be most for the advancement of Gods glory, the edification of his Church, and the due reverence of Christs holy Mysteries and Sacraments. Which last clause is merely personal to the queen, and extendeth not to her Heires and Successors, thrice mentioned in the former clauses, but left out purposely in this; the Parliament, having good assurance of the queens zeal to Religion, not of her Heires and Successors, of whose persons and qualities they were then utterly ignorant. By all these Statutes, as likewise by King James Letters Patents, before the Canons and Constitutions An. 1603. and King Charles his Declaration, prefixed to the 39. Articles An. 1628. compiled, by the Bishops themselves, it is apparent, that neither all the Archbishops, Bishops, Archdeacons and Clergy together, nor any of them apart in their several diocese, can so much as make enjoin or prescribe any new Canons, Constitutions, Orders, Ceremonies, Rites, or Ornaments of Churches whatsoever, nor yet alter any of those prescribed in the Common Prayer book, no more then the meanest Curate, or lay-man, by their own episcopal power or authority, much less then suspend, silence, deprive, or excommunica●e any, who refuse to submit to their new orders, Articles, C●no s, Constitutions, Rites, Ceremonies, Alterations, Innovations, and Ordinances. Yet such is the arrogant insolency of our Archbishops, Bishops, Archdeacons, and their officials, that they not onely dare make, promulge, print, publish, and prescribe new Articles, Canons, Constitutions, Orders, Injunctions, Rites, Ceremonies,( as standing up at Gloria Patri, the Nicene and Athanasius Creed, bowing at the naming of Jesus, cringing to Communion-Tables and Altars, placing and railing in Communion-Tables Altar wise, erecting of Images, Pictures, Crucifixes, Altars and Tapers in Churches, Prayer towards the East, coming up to the Communion Tables to receive, with a world of other Innovations. contrary to the Common Prayer book,) in their Visitations and Consistories,( without the Kings special licence, under his great seal,) but likewise excommunicate, fine, and imprison such Churchwardens and Laymen, and suspend, silence, deprive, imprison such Ministers and Clergymen, as oppugn disobey, or refuse to submit unto them,( when as their own 12. Canon excommunicates ipso facto, all such as shall obey them, or submit unto them, and themselves to, for making them without the Kings authority:) witness the Churchwardens of Ipsw●tch, and Beckington, Master chancy, and divers others: A great oppression, and vexation to his Majesties faithful Subjects, and a high affront and contempt, not onely to his Majesties supreme jurisdiction, in causes ecclesiastical, but likewise to his royal Declaration, prefixed to the 39. Articles, reprinted by his commandment, wherein he professeth, that he will not endure any varying, or departing, in the least Degree, from the Doctrine and Discipline of the Church of England then established; and to his Declaration to all his loving Subjects, of the causes which moved him to dissolve the last Parliament, published by his special command, An. 1628. p. 21. 42. wherein he called God to record, that he will never give way to the authorizing of any thing, whereby any Innovation may steal, or creep into the Church, but preserve that Unity of Doctrine, and Discipline established in the time of queen Elizabeth, whereby the Church of England hath stood and flourished ever since: and professeth, that he w●ll maintain the true Religion and Doctrine established in the Church of England, without admitting or conniving at any back sliding, either to Popery or schism. 3. The Statute of 21. H. 8. c. 5. enacts, that Ordinaries and their Ministers, for Probate of wils, or letters of administration, Against their exacted Fees and oppressions of this nature. where the goods do not clearly amount above the value of C. s. shall take onely 6. p. where they are above C. s. and yet exceed not the value of 40. s. but onely 3. s. 6. d. and not above, where they amount to above 40. p. onely 5. s. and no more, unless one penny for every 10. lines of 10. Inches long under pain of forfeiture of double the money they take above these fees to the party, and ten p. besides to the King, and party grieved; Yet these greedy cormorants and oppressors, for every will, now proved, and all Letters of administration See Stephen Puckels Table of Fees printed an. 1631. In causes of office, and daily experience. take usually 3. 4. 5. or 6. times as much more of his Majesties Subjects, as this Statute allows them, and are not ashamed to claim it as their due; refusing to take less to the great oppression of his Majesties Subjects. John Stratford, Archbishop of Canterbury, with the council of London, October the 10. 1342. made this Constitution concerning fees for Letters of order, Institutions and admissions to benefice &c.( which is still in force, if any part of the Canon-Law be, as our Prelates affirm, and 25. H. 8. c. 19 Cookes Institutes, f. 344. some Lawbookes too.) a joannis de Aton Const. provincial, f. 132. Lindewood provinc. 1. Constit. lib. 3. De Censibus de Seva f. 160. 161. De institutionibus leg. fol. 102. 103. new and insatiable( so Aton) a cruel and wretched covetousness( so Lindewood reads it) hath invented, how great exactions may oft times be made for Letters of institution of Clercks, admitted to benefice Ecclesiast●call, and for letters of orders, for the pains of writing, and for the seals which the Canon itself reproveth, saying, that as it becomes not a Bishop to sell the imposition of hands, so neither the See Concilium Romanum sub Gregorio. 1. c. 5. Surius council. Tom. 2. p. 689 council. Coloniense, An 1536 c 28. Surius Ibid. Tom. 4 p. 756. with other councils and Decrees, Ibid. Tom. 1. p 705. Tom. 2. p. 172. a. 197. b. 328. b. 364. b. 603. 886. a. 635. b. 648 a. Tom. 3. 195. a. 264 a. 44 b. 292 b. 570. a decree that Orders should be conferred gratis, and that the Bishop, Minister, and Notary should demand& take nothing for them, it being simony. Minister to sell his quill, moreover the Clercks of Archdeacons, and their Officials and other ordinaries, refuse to deliver the Certificates of inquisitions made upon vacant benefice, unless they have first and excessive Some of money for writing, wee therefore willing to abolish this abuse, have determined by the advice of this present council to ordain, that for the writing of the letters of Inquisitions, Institutions, and collations, and Commissions to induct any into their benefice, or for the certificates of the same. The said Clerks receive not either by themselves, or by others above 12. d. and for the letters of every holy order, not above 6. d. In other things, let the ordinaries themselves be bound to allow stipends, for their Ministers and Officers, whereby they may justly be satisfied, but for sealing of such letters, or to the Marshall for entering into the house or Porters, or doorekeepers, or barbers, wee will that nothing at all be exacted or paid by coulerable intend, least the payment for seals of letters, or entrances aforesaid be turned into a damnable gain. And this wee ordain upon pain of double to be restored within one month, otherwise the Clerks that refuse to restore double, let them know, that they stand suspended from their office, and from their bnfice, by the approbation of this holy council: Wee ordain likewise, that those, who are bound at the commandment of their superiors, to indict such, who are admitted unto ecclesiastical benefice, be contended with moderate charges, for such induction to be made. Namely, if the Archdeacon be thoroughly contented with 3. s. 4. d. and his official with 1. s. for all charges, both of himself, and his return, concerning Diet, and let him that is inducted aforesaid, choose whether he will provide for the return of him and his that giveth the possession in such quantity of money, or in other necessaries. And if any thing over and above this, by occasion of the premises be received by such as induct, or if they receive any more for the induction to be made by them, or if it shall happen, that they make not letters certificatory of their induction, and deliver them unto the Inducted, or which faighneth pretence unlawfully defer them, wee will such as are culpable herein, so long to incur suspension from their office, and entrance from the Church, until the things contrarily received, be restored, and that they satisfy in the premises, him who by their default is hindered. Bus what if he be inducted( saith Lindewood in his gloss,) by another then the Archdeacon himself or his official, yet at the commandment of the said Archdeacon, whether may the Archdeacon receive any thing for such an induction? Answer no, but he that investeth him after this sort, shall have of him, that is inducted necessary expenses, and such as are agreeable to his estate and calling under the moderation, limited unto the Archdeacon himself, or his Officials, if any of them had personally made any such induction. And Lindewood Ibid. Stephen Laughton, Archbishop of Canterbury, and the council of Oxford, An. 1222. made this Degree; Wee ordain that no Prelate, when he shall confer any Church or Prebend, presume or dare any maner of ways, either to usurp unto himself the fruits of the same Church or Prebend, not yet gather or to exact, or suffer to be exacted, by his Officials or Archdeacons, any thing for the institution, or possession giving, or for any writing to be made, touching the same; Moreover, by the Sum. Ange●ica Tit. Proodicare, 2. H. 4. c. 15, Canon Law, and book of ordination of Ministers, every Minister may lawfully preach in his own Cure, as well as baptize, administer the Communion, and red Common prayer, Acts and Monuments p. 401. 402 403. 406. 416. to 420 429. 431. 483. 485. 500. 502. 521. 541. 552. 553. 563. 588. 590. 592. 598. 599. 6●2. 604. 639. 800. 874. 883. 884. 911. 930. 931 950. 956. 1001. 1106. 1015. 1016. 1099. 1156 1161. 1181. 1182. 1231. 1281. 1283. 1358. 1577. 1580. 1584. 1512. 1585. 1586. 1888. 1899. without a licence; and if any have licenses, granted them to preach, out of their own Cures, they ought to be granted freely without any fee or gratuity, to the Bishop or his Officers. And the Statute of 23. Eliz. c. 1. provides expressly: That no ordinary, or their Ministers, shall take any thing for the licencing or allowance of schoolmasters; yet notwithstanding these Statutes, Canons, and Constitutions, our Prelates their Commissaries, Secretaries, and other Officers, take no less then 15. 20. 25, or 30. s. for the orders of every Deacon, and as much for every Ministers orders, so as few are or can be now made Ministers under 40. 50. or 60. s. charge in fees and in some places more, yea they exact and take no less then 6. 8. d. yea 10. See Stephen Puckels Tables of Fees. 15. and 20. s. sometimes for every licence to preach and keep a school, and no less then 3. 4. 5. s.( and sometimes more as themselves shall please to demand) at every triennial visitation, for showing these their letters of orders, and licenses; when as there is never a farthing due by Law; and as for institutions and inductions to benefice, our Archdeacons and their officials exact, and take for every institution and induction, no less then 2. 3. 4. 5. 6. and sometimes So much Doctor Featlies Induction to Aston stood him in fees. 7. p. and more according to the value of the livings: An horrible extortion, oppression and Simmony, far worse then the selling of benefice by Patrons, yet our Prelates connive at, countenance, and maintain all these exactions and extortions, not questioning any man for them, which is ill; yea See Stephen Puckles Table of Fees the Epistle Dedicatory. refusing to right, and persecuting those who complain against them, which is far worse. So far is that of Vespatian now with them and theirs Suetonii Vespatianus. Dulcis odour lucri ex re qualibet. The Statute of 31. Eliz. c. 6. ratifies these former constitutions, concerning the selling and giving of orders, and provides: That if any person or persons whatsoever, shall receive or take any money, fee, reward, or any other profit, directly, or indirectly, or shall take any promise, agreement, covenant, bond, or other assurance to receive any money, fee, reward, or any other profit, directly, or indirectly, either to him or themselves, or to any other of their, or any of their friends,( all ordinary and lawful fees, onely excepted, which are but those above specified) for to procure the ordering, or making of any Minister or Ministers, or giving of any orders, or licence, or licenses to preach; that then every person or persons, so offending, shall for every such offence forfeit the sum of xl. p. of lawful money of England, and the party so corrupted, ordained, or made Minister, or taking orders, shall forfeit 10. p. And if within 7. yeares after such corrupt entering into the Ministry, or receiving of orders,, he shall accept any bnfice, living or promotion ecclesiastical, that then immediately, from and after the induction, investing or installing thereof, or thereunto, had the same bnfice, living and promotion ecclesiastical, shall be merely void, and that the Patron &c. may present and collate unto the same, And by the same statute it is enacted, that if any person or persons, for any sum of money, reward, or gift, profit or commodity whatsoever, directly, or indirectly,( other then for usual and lawful fees, which are those onely forementioned) or for, or by reason, of any promise, agreement &c.( as in the former clause,) shall at any time admit, institute, install, induct, invest, or place any person, in or to any bnfice, with Cure of souls, dignity, bnfice, or other ecclesiastical living, that then every person, so offending, shall forfeit, and loose the double value of one yeares profit of every such bnfice, Dignity, Prebend, and living, and that the same shall be immediately void, so as the Patron may present thereto; By virtue of which Act, I fear me, most Ministers may be turned out of their livings; and all our Prelates with their Officers, and late ordained Clerks undone, if their forfeitures were but well enquired after; joannis de Aton, Constit. Othonis, de Archideaconis, f. 43. 44. Otho in his Constitutions, with our whole general national synod, under him prescribes, that Archdeacons in their Visitations, or when they punish and correct crimes, shall not presume to receive any thing,( by way of fee,) nor to involue any man in censures unjustly, that so they may extort money from them, because those things, and such like savour of Simmoniacall pravity: And he further ordains, that no Archdeacon or Bishop shall receive procurations from any Church, unless he personally visit the same Church, nor extort any thing for redemption of Visitations: And John Stratford, Archbishop of Canterbury, with the council under him, An. 1342. degree: That no man shall presume to receive of any Church any procuration, to be payed by reason of visiting, unless he diligently visit the same Church in person: and if any will visit any Churches in one day, let him be content with one dayes procuration in victuals, or money, unto which procuration let him cause all and singular Churches, so visited in one day, proportionally to contribute as the Canons ordain; yea Lindew. Constit. Provin. de Censibus l. 3. c. Quemvis, f 161. 2. Boniface, Archbishop of Canterbury ordained, Lindewood Ibid. that the Appariters and Bedels, should receive nothing from Ministers and others for any Sermons citation, but what they should please to give them freely. By which and sundry Concilium Toletanum 3. Can. 20.21.& 7. Can. 4. council. Lateran. sub Alexand. 3 An. 1179 pars 1 c. 4. 7 Bochellus Decr. Eccles. gull. l. 5. Tit. 15. council. Colon. An. 1536. c. de quarto. 1. modo reformandi Ecclesiam. other Councells it is apparent. 1. First, That by the Canon Law, no procurations are due, or ought to be payed to Archbishops, Bishops, Archdeacons, and other Ordinaries, unless they visit in person, not when they visit by the parties. 2. Secondly, That they ought personally, to visit every Church in their diocese,( not an whole Deanery, onely at one Church, as now they do without visiting the rest;) else it is not in truth a Visitation, for how is that visited, which is not so much as seen? and that no procurations are due from any Churches, which they do not personally visit. 3. Thirdly, That where they visit many Churches in one day, there they ought to receive but procuration for them all. 4. Fourthly, That this procuration may be paid, either in money or provision, at the Election of those who are visited, it being onely paid to defray the charges of their provision, and not as any fee, or duty. 5. Fiftly, That where the Bishop, Archdeacon, or Visitor, is entertained by any Minister or Gentl. and put to no expenses for provision, there no procuration is due; nor yet ought to be required. 6. sixthly, That no fees are due to Apparitors, or any other Officers attending those Visitors for any offences presented, enquired after or punished, nor for showing of licenses, Visitation-Articles, or Churchwardens, presentements &c. but onely the procu●ation itself, which ought to be no more then the Visitors necessary( not superfluous and idle) expenses. This without all controversy is the Canon and Common Law to, as the Premises evidence? yet our Archbishops, Bishops, Archdeacons& other ordinaries( as if they visited onely of purpose to fill their purses, and fleece both Ministers and people, as matthew Paris Hist mayor. p. 794. 795 754 755. 756. 766. to 789 Antiquit. Eccl. ●rit p. 18●. 186. 187. they have ever done,) take and exact procurations. 1. When they visit not in person, ●ut by deputy, when none are due by Law. 2. Of such Churches, which they never personally visit. 3. Many pro●urations of every Church, within the Deanery for one dayes Visitation onely. 4. Procurations in money, not in provi●on, and that more then will defray their necessary expenses. 5. Procurations evenwhere they are entertained by the Mi●ister or some others, and are put to no expense. Moreover, they and their Registers exact and demand ●cessive fees. 1. First, Of every Minister for showing of his Letters of order and licenses, to preach sometimes 3. s. 6. d. sometimes 5. s. ●here there is nothing due. 2. Secondly, Of every schoolmaster and others for showing ●heir licenses, to teach school, and the like as much. 3. Thirdly, Of See Stephen Puckels Table of fees. Churchwardens and Sidemen for their ●resentment, accounts, oaths, and the illegal book of Ar●icles, they sell them to present on 1. s. 6. d. or more. 4. Fourthly, Of the Parties there presented, cited, and cen●red; what ever they please to exact, some times 2. s. 3. s. or ●ore. 5. Fiftly, Of rural deans, for their Oath, accounts, and office,( though imposed on them against Law, for the Archdeacons, and Apparitors case,) 6. s. 6. d. or more. All these with See Pucke●● Ibidem. many others are mere extortions against Law and Canon; yet our Prelates, Archdeacons, and their underlings, both take and challenge them, as their due, excommunicating those, who refuse to pay them: Their Visitations( kept without any Commission or Patent from the King, in their own names, for which they incur a praemunire) being mere illegal oppressions, extortions, and deprevations on the poor Ministers and Subjects, as they have been in all ages,( no counsels, Canonists, Histories, or Authors ever mentioning them, but with a relation and censure of those manifold exactions, extortions, and oppressions which inseparably attend them) In his postil the Sunday before Easter p. 288. & non morum, said nummorum visitatio, as Doctor Boyes out of the Centuries, and saint Augustine concludes; Their extortions in their High-Commissions and Consistories, by their Chauncellors, Commissaries, Officials, Registers, Apparitors, pursuivants and other officers, are infinite and intolerable, not any one of them warranted by Law or Canon, fitter to be enquired after by the Commissioners for extorted fees, then here to be related, onely I cannot but remember, that it is the See Puckels Table, and Nicholaus de Clemangis, de corrupto Eccles. statu. c. 25. accor●ingly. Common practise of these harpies, to city men into their Courts by their Apparitors, by a general Citation, without expressing the cause in the the C●tation, for which they are summoned( which Nat. Brev. f. 41. A. Fitzherbert long since resolved to be an oppression; and against Law) or th● Party at whose suite they are summoned, if they appear not there● then they excommunicate them for a contempt, and so must pay 4. or 5. s. for an absolution, though nothing be objected against them, if they appear, then they must pay the fees of th● Apparitor and Court, to wit, 16. d. 2 s. 2. s. 6. d. or mor● sometimes, though no man appear to object any thing against them and be dismissed, and if they refuse to pay their fees,( which are according as themselves please, to cease them sometimes 16. 18. 20. d. 2. s. or more) then they will not dismiss, but for This was an Article objected against Bishop Farrar. Fox Act& Monuments p. 1404. Artic. 16. vexation and grave adjourn them to some other Court day, and if th● appear not, they forth with excommunicate them, upon wh● they must pay terrible fees, or more for an absolution though Innocent. This is the common course and daily practise of thei● Consistories, an extortion, oppression, and vexation so unjust, so frequent and grievous to the Subjects,( that I speak● not of their several plots and devices, how to raise fames of innocent men and women to bring them into trouble,) as th● they groan and languish under it, and now more then ever● In a word their extortions are so manifold great and greivous● that Officialis Episcopi ministerium damnatissima villicationis Credo, huj usmodi officiales non ab officio verbo mutasse vocabulum. Nam genus hoc hominum quod dicunt offici perdi &c. Si mihi credis, imò si credis in Deum relinque maturius officialis officium ministerium damnationis, rotam malorum spiritum vertiginis qui te ad inania circumvoluit miserare anima tua placens Deo, cvi placere non potes, cum isto perditionis officio Epistola, 25. ad officialem Episcopi Car●retensis. Petrus Blesensis, Archdeacon of Bath( who notably deciphers and declaimes against them) derives the name of an official, from the verb officio, as it signifieth to hurt, calling it, an office of perdition, and damnation, in which whosoever continueth, must necessary be damned and cannot be saved, whether our Prelates, Archdeacons, Commissaries, and all their under Officers, who thus fleece, oppress and vex his Majesties Subjects by these their manifold extortions, and are( I dare say,) the greatest oppressors, and extortioners, and polers of them, this day living,( except their High-Commission, Purseuants, Registers, gaolers, Officers, who equal or exceed them,) ought not to be forthwith informed against in the star-chamber, and there deeply fined to his Majesty,( to the value at least of the fees, they have extorted) and deprived of all their offices, Courts, and places, for which they have no Patent, and so no right or Title; and whether this would not be a just and lawful project, whereby the new Lord Bishop Treasurer, might and ought to procure his Majesty a great mass of money, I humbly submit to the Iudgments of those, whom it most concerns, to look thereto,& to take care to ease the Subjects of these extortions, which are now become an insupportable burden to the people. To these I might add their pecuniary mulcts, fines, and penalties, for omitting, and negligent performing of their disorderly orders, to turn Communion-Tables Altarwise, and the like by which Device Doctor pierce, now Bishop of Bath and Wels, and his Officers,( men as worthy to be brought into the star-chamber for their exactions as any of their coat, to omit The Bishop of Winchesters chancellor, who fined some Churchwardens, lately 6. s. ●ayed for not altering their Communion-Table. Doctor Mason and others) extorted no less then 6. s. 8. d. of late in less then one quater of a year of many Parishes in his diocese. Their See Stephen Puckels Table of Fees. commutations of penance,( the money whereof they purse up themselves, whereas they should distribute it to the poor, or bestow it on other charitable uses) even in cases, where Penance ought no to be committed. Their extorting of money by Which are merely voluntary at the parties, not Iudges election, by the Canon Law, as Gratian. Can. 2 qu. 5 resolves. Purgations, Cumpurgaturs, and by granting licenses, to mary without asking banes in the Church which if marriages and licenses to mary, be merely spiritual, as they pretent,( as if a licence to preach, or receive the Sacrament,) is gross Simmony, and so to be taken from them to prevent Simmony in them, which makes them See Summa Angelica, tit Simmon. Irregularitas judex& excommunicatio. excommunicate, and irregular Ipso facto, uncapable to preach( which they seldom do, and therefore need not much to value) to administer the Sacraments, give orders, or exercise any ecclesiastical Jurisdiction. If civill and temporal, then it belongs not to their jurisdiction, but the Kings; and such temporal Officers, as he shall authorize to grant them. But these, I pretermit, as fitte● for Commissioners or a grant jury, to inquire after that, they may be punished, then here to discourse or treat of any further. Onely this I shall observe, that there are divers Commissions printed in the Register part. 2. f. 1. l. 5. 126. Register, for enquiring after extortion, oppression, and exacted fees in officers, and for sequestering their offices, till the Inquiry fully made for the better examining, sifting out of their extortions. Yea I find Antiquit. Eccles. Brit. p. 243. King Edward the 3. in his Proclamations against Archbishop Stratford, published to his Subjects, that he removed some great men from their offices and places, and imprisoned others of inferior quality, who upon probable grounds were suspected of the ill administration, and subversion of Justice, the oppression of his Subjects, taking of bribes, exacting excessive fees, and other great offences, till these their offences wear fully examined, and enquired of least they enjoying their accustomend liberty& offices, the execution of Justice should be supplanted by their subtlety, and the inquisition of the truth deluded by their craftiness. Whether our Prelates and their officers ought not thus to be suspended, imprisoned, and proceeded against, for their forenamed extortions, exacted fees, bribes, and oppressions, I refer to his Majesties wisdom and Iustice. 4. Against Bishops Visitation oaths, and Articles and Presentm. on them, proving them both against Law and Conscience. It is most perspicuous and apparent by the several Statutes of 9. H. 3. c. 28. 51. H. 3. c. 14. 3. E. 1. c. 40. 6. E. 1. c. 8. 13. E. 1. at Westm. c. 43. 13. E. 1. Statute of Winchester, c. 1. 6. 13. E. 1. statute Merchant Articles of Inquisition, upon the statute of Winchester. 34. E. 1. statute of liberties, c. 6. 51. H. 3. statute of Escheators, 9. E. 2. statute of Scheriffes, 17. E. 2. c. 4. 1. E. 3. c. 8. and statute 2. c. 4. 5. E. 3. c. 2. 9. E. 3. of money c. 9. 15. E. 3. c. 3. 4. 18. E. 3. statute 3, The Oath of Iudges and Clerks of chancery, 20. E. 3. c. 1. 3. 25. E. 3. stat. 1. c. 5. 6. stat. 4. c. 1. and stat. 7. of levying the quindesme, 27. E. 3. stat. 2. c. 1. 15. 16. 23. 24. 26. 31. E. 3. stat. 2. 5. R. 2. stat. 1. c. 2. 12. 13. 14. 6. R. 2. c. 12. 9. R. 2. c. 3. 12. R. 2. c. 8. 13. R. 2. c. 7. 17. R. 2. c. 9. 4. H. 4. c. 10. 18. 20. 21. 1. H. 5. c. 6. 2. H. 5. c. 4. 6. 7. 4. H. 5. c. 2. 4. 2. H. 6. c. 10. 18. H. 6. c. 4. 10. 20. H. 6. c. 10. 23. H. 6. c. 2. 33. H. 6. c. 3. 5. 3. E. 4. c. 3. 7. E. 4. c. 1. 8. E. 4. c. 2. 12. E. 4. c. 2. 3. 17. E. 4. c. 2. 5. R. 2. c. 12. 14. 1. R. 3. c. 6. 25. H. 8. c. 22. 26. H. 8. c. 2. 31. H. 8. c. 14. 23. H. 8. c. 5. 28. H. 8. c. 16. 32. H. 8. c. 46. 33. H. 8. c. 22. 19. H. 7. c. 7. 1. Eliz. c. 1. 5. Eliz. c. 1. 13. c. 7. 27. Eliz. c. 12. 1. Jac. c. 9. 31. 3. Jac. c. 4. 7. Jac. c. 2. 6. 21. Jac. c. 7. 20. 33. 1. Car. 2. 1. 2. Car. 2. 1. and the Petition of Right, 3. Car. Wests presidents Tit. chancery, Sect. 34. 36. 39. 57. 58. 59. 61. with sundry other Statutes and Lawbookes, that no kindes or forms of oaths can be made or imposed on his Majesties Subjects, nor prescribed to them in any new cases, but by Act of Parliament, onely, that no Bishop or Subject whatsoever, have any power to make or enjoin any new oaths or forms of oaths, nor yet authority to administer an Oath to any man, without a special Commission from the King, under his great seal, or some Act of Parliament, specially authorizing him, to give or take an Oath, unless in Courts of record in cases, where the Canon Law enables the Judge to administer an Oath by prescription, originally grounded on some Charter, or Commission from the King. The statute of Magna Charta c. 28. enacts, That no bailiff from henceforth, shall put any man to his open Law nor to AN OATH, upon his own saying, without faithful witnesses, brought in for the same. The equity whereof extends to the Bishops, though the words onely to bailiffs. The statute of Marlebridge 51. H. 3. c. 22. enacts, That none from henceforth may distrain from his freeholders, to answer for their freeholdes, nor for any thing, touching their freeholdes without the Kings writ: nor shall cause his freeholders to swear against their wills; FOR NO MAN, MAY do THAT WITHOUT THE KINGS COMMAUNDEMENT, to wit, by the Kings special writ and Commission for that purpose. Matth. Par● Hist. mayor. p. 438. An. 1236. Otho, the Popes Legate, in a council of London, made this Constitution, touching oaths in spiritual causes in ecclesiastical Courts, till that time not known, nor used in England, as appears by the words of the Constitution, Iurisjurandum calumniae in causis Ecclesiasticis cujuslibet, ET DE VERITATE DICENDA IN SPIRITUALIBUS QUOQUE, ut veritas aperiatur facilius,& causae celerius terminentur, statuimus DE CAETERO PRAESTARI IN REGNO ANGLIAE, secundum Canonicas& legitimas sanctiones OBTENTA IN CONTRARIVM CONSVETVDINE NON OBSTANTE. A clear resolution, that till that time the custom of England, and the Law of the Land was contrary, that they could not enforce any man to his Oath in such cases. After which Matth. Paris Hist. mayor. p. 693. 694 whose words are th●se. Grosthead, Bishop of lincoln, An. 1246. upon the suggestion of the Friers Predicants and Minorites, raged more then was meet or expedient against those of his diocese: making strict inquisition in his bishopric by his Archdeacons and deans, concerning the chastity and manners, as well of noble as ignoble,( upon oath,) to the enormous hurt and scandal of the reputations of many, Quod nunquam anteà fieri consueverat: saith the Author. WHICH HAD NEVER been ACCUSTOMED TO BE DONE BEFORE, The King hearing the grievous complaints of his people against these innovations, did thereupon by the advice of his counsel and Courts of Justice, sand a writ to the sheriff of Hertford in these words; Henry by the grace of God, King of England, &c. Wee command thee, that as thou lovest thyself, and all things that are thine, that thou from henceforth suffer not any Laymen of thy Balywicke, to assemble together in any place, at the will of the Bishop of lincoln, or of his Archdeacons, Officials, or rural deans, to make any acknowledgements, or attestations upon their oath, unless in cases of Matrimony and Testament. Matthew Paris Hist. mayor. p. 705. And the very next year following in pursevance hereof, the King( by Parliament) enacted, and commanded these things, ensuing to be inviolably observed: That if any Laymen were convented before an ecclesiastical Judge, for breach of faith and perjury, that they should be prohibited by the King: And that the ecclesiastical Judge should be prohibited to hold plea of all causes against Laymen, unless they were of Matrimony and Testament. All which Matthew Paris precisely relates. Which Prohibition and statute nullified the Constitution of Otho; and hindered this his innovation: Whereupon, that insolent trayterly audacious martiall Archbishop of Canterbury, Boniface( Antiquit. Eccles. Brit. Bonifacius p. 185. better skilled in affairs of the camp then of the Church,) An. 1256.( but nine yeares after this Prohibition and forenamed Statute,) published this peremptory audacious Constitution in affront of them both: Statuimus quod Laïci ubi de Subditorum peccatis& excessibus corrigendis per Praelatos& Ecclesiasticos judices inquiritur, AD PRAESTANDVM DE VERITATE DICENDA IVRAMENTVM, per excommunicationis se●tentias, si opus fuerit, COMPELLANTVR; Impedientes vero NE HVIVSMODI IVRAMENTVM PRAESTENTVR.( For the Iudges with many others then generally oppugned and hindered the ushering in of this innovation,) per interdicti& excommunicationis sententiam arceantur. To evacuate with exorbitant illegal Constitution( meant onely of witnesses, not of Churchwardens, Sidemen, or strangers oaths, as the Lindew. Pro● in. Constit. lib. 2. De Iurejurando f. 80. gloss of Lindewood,( who records it,) resolves in express terms,) trenching both upon the peoples Liberties and the Courts of Iustice too; the Iudges frequently granted out sundry general Prohibitions, to all, or most of the Sheriffes of England; as is evident by the Pars 2. fol. 36. b. 43. 50. Register of Writs; Nat. Brev. f 41. A. Fitzherberts Natura Brevium; Abridgm. of Statutes. Tit Prohibuion. 5. rastal, and others, commanding the Sheriffes, to inhibit Bishops and their Officers, to city Laymen before them, to take an oath in any cases whatsoever, except of Matrimony or Testament onely; and not to suffer the people to appear before them to take such oaths; Which Prohibitions run in these words. The Register pars 2. f. 36. Nat. Brev. f. 41. A. King to the sheriff greeting; Wee command thee, that thou permit not, that any Laymen henceforth come together at the Citation of the Bishop, or his officers, in any place, to make any recognitions, or to take an oath, unless it be in case of Matrimony and Testament; Upon which Prohibitions, this Attachment followed: The King to the sheriff, greeting: Cause such a Bishop to put in sureties to appear before our Justices &c. to show cause, why he made certain Lay-persons to be summoned and distrained by ecclesiastical Censures, to appear before him at his pleasure, to take an oath against their wills, IN GRAVE PRAEIVDICIVM CORONAE ET DIGNITATIS NOSTRAE REGIAE, NEC NON CONTRA CONSVETVDINEM REGNI NOSTRI, to the grievous prejudice of our crown and dignity, and also against the custom of our kingdom, &c. Which Prohibitions and Attachments were usual, as appears by Rastalls abridgement of statutes, Prohibition. 5. where a larger form of Prohibition and Attachment is recited; commanding the Scheriffes of s●verall Counties, that they suffer not, that any Laymen in their Balywicke come together in any places, to make any recognizances by their oaths before Bishops or ecclesiastical Judges, except in causes of Matrimony and Testament. The Statute of 2. H. 5. c. 3. recites, that the ecclesiastical Court in that time could city men( to swear,) onely in cases of Matrimony and Testament. And the Statute of 2. E. 6. c. 13. concerning Tithes, enacts, That if any man refuse to pay his personal Tithes, that then it shall be lawful for the ordinary of the same diocese, where the party dwells, to call the said party before him, and by his discretion to examine him, by all lawful and reasonable means, concerning the true payment of the said personal Tithes, OTHER THEN BY THE said PARTIES corporal OATH. For that was neither lawful, nor reasonable, the ecclesiastical Court, having no power to administer oaths, but in case of Matrimony and Testament, and no man being by Law or equity bound to accuse or bare witness against himself: the true reason, why the Parliament inserted this clause, and a direct Parliamentary resolution, that ecclesiastical Iudges can enforce no man to swear, nor not a witness,( much less as a party,) except onely in case of marriage and Wills; nor constrain any man in any case to take an Ex officio oath to accuse himself: Which Ex officio oaths are for ever exploded by the Petition of Right, 3. Caroli; that mentions this among other great grievances, contrary to the laws, and statutes of the realm, and the Subjects Liberties and Rights; That of late d●vers Commissions were directed to sundry Commissioners in several Counties, by means whereof the people had been in divers places assembled, and required to lend certain sums of money to his Majesty, and that money of them upon refusal so to do have had an oath administered un o them,( to answer to certain Interrogatories, which the Commissioners should demand of them Ex officio to accuse themselves, and others,) All oaths not warranted by the laws and Statutes of the kingdom are there adjudged to be if void and contrary to the Subjects liberties, but all Ex officio and all other oaths, except onely in cases of marriage& Testament, ministered by the High-Commiss.& all other ecclesiastical Iudges, are such; there being no law or statute, that prescribes or warrant them. Therefore they are merely void contrary to the laws& statutes of the realm, and to the Sub ects Liberties and for ever deploded by this Statute. not warrantable by the laws and statutes of this realm; whereupon they there pray as their Rights and Liberties, according to the laws and statutes of this realm; That no man be hereafter called to make answer, or take SUCH OATH, or be confined, or otherwise molested, or disquieted, concerning the same, or for refusal thereof.( A fatal blow to all Ex officio oaths and Proceedings, for men to answer to Articles, to detect, accuse themselves, or others used by our Prelates& High-Commissioners,) To which the King gave this royal answer in Parliament; Let right be done as is desired; adding moreover: that his maxim is; that the peoples Liberty, strengtheners the Kings Prerogative,& that the Kings Prerogative, is to defend his peoples Liberties. And I do here declare, that those things, which have been done, whereby men had some cause to suspect the liberty of the Subjects to be trenched upon, shall not hereafter be drawn 〈◇〉 example for their prejudice. And in time to come( in the word of a King,) you shall not have the like cause to complain. The King and Parliament therefore here publicly declaring, resolving that Ex officio oaths, for men to answer to questions and Articles to accuse themselves, are not warrantable by the laws and statutes of the realm; but contrary thereto, and to the Subjects Rights and Liberties though warranted by special Commissions and instructions under the great seal; is a most pregnant resolution, that the High-Commissioners and Bishops Ex officio oaths and Articles in criminal things, being of the self same nature and quality with them, and See the Petition of grievances th●n printed. formerly adjudged to be against the Lawe; the statutes of the realm, and the Subjects Liberties in the Parliament, of 7. Jacobi, and in the Kings Bench and Common Pleas, as the premises evidence, are directly against the laws and franchise of the Land, the Rights and Liberties of the Subject, and that no man ought henceforth to be called before the Prelates, High-Commissioners, or any others, to take such oaths, or to be confined, imprisoned, disquieted, or otherwise molested, concerning the same, or for refusal thereof; and that their Commission to administer such oaths,( made since this Parliamentary resolution, and the Kings own royal promise in Parliament, even in the word of a King, that they should never hereafter be drawn into example unto his Subjects prejudice, &c.) is in this particular illegal, and merely void in Law, no man being bound by Law to accuse, arraign, or give in evidence against himself upon his oath, in any criminal ecclesiastical cause whatsoever by any Law or Statute, either of God or man, as the premises manifest. From all which Statutes, laws, Prohibitions, and premises, it is apparent. 1. First, That no ecclesiastical or temporal judge, Archbishop, or other ecclesiastical person, can prescribe or make any new form of oath, nor yet impose an oath in any cases, but in such as the Statutes and Common Law of the realm have allowed, and authorised them to do it; and that no new form of oath may or ought to be framed or imposed in any new case, but by special Act of Parliament, Yet our Archbishops, Bishops, Archdeacons, and their Officials, like so many Popes or Parliaments, take upon them both to make, print, promulge, and impose new forms of oaths on Churchwardens, Sidemen, and other his Majesties Subjects, in their Visitations and Consistories in their own names, and by their own, authority; as appears by all their late printed Visitation Articles, and Consistory proceedings; and that in cases where they have no authority to do it, either by Statute or Common Law. 2. Secondly, That no ecclesiastical judge, Archbishop, Archdeacon, Commissioner, or official, hath any power or authority in point of Law, to administer an oath, or compel men to swear in any criminal ecclesiastical cases or matters, within their Jurisdiction,( especially the parties themselves,) but onely in cases of Testaments and marriage, and that a Prohibition, yea an Attachment lies against them, in case they city or force any man to take an oath before them in any other cause. Yet all our ecclesiastical Iudges, Prelates, Archdeacons, Officials, and High-Commissioners, in contempt of all the premises, daily administer oaths to his Majesties Subjects, and by Citations, Excommunications, and imprisonments oft times, compel them to swear and take an oath, not onely in causes of Matrimony and Testaments, but likewise in criminal, and all other ecclesiastical causes, coming before them; and that not onely as witnesses, but likewise as informers, to accuse, to detect themselves and others upon captious and ensnaring Articles. 3. Thirdly, That no ecclesiastical judge, Prelate, Officer, or any other Subject whatsoever, hath any power or lawful authority to administer, or impose an oath upon any Subject, unless he hath an express Act of Parliament enabling, or Commission under the great seal of England, authorizing him to do it. Yet our Archbishops, Bishops, Archdeacons and other ecclesiastical Iudges and officers, without any such special Act of Parliament or Commission, presumptuously take upon them to administer oaths to his Majesties Subjects in all cases whatsoever, as their own fancies and wils direct them; to the great vexation and oppression of the people, the increase of perjury, rash oaths, and common swearing; the perdition of many souls, and the advauncement of their own usurped Antichristian jurisdiction, in prejudice and derogation of his Majesties ecclesiastical Prerogative; though no Archbishop or Bishop, could so much as administer the oath of supremacy, or allegiance to any Minister or person,( though tending to the preservation of his Majesties person, and Prerogative ecclesiastical, and the republics safety) without a special Commission under the great seal, authorizing him, as is evident by the Statutes of 28. H. 8. c. 10. and 1. Eliz. c. 1. till the See 3 Ia. c. 4. 7. jac. c. 6 Statute of 8. Eliz. c. 1. enabled them, and others for to do it, 〈◇〉 express clause without such a special Commission. If therefore they could not administer this oath to any without special Commission, till enabled thereto by Act of Parliament, much less can or may they administer any other. 4. Fourthly, That all oaths Ex officio in criminal causes for men to accuse, or detect themselves, are directly contrary to the laws, Statutes and customs of the realm, and for ever abandoned by the Petition of Right; and that no Prelate, ecclesiastical judge, or High-Commissioner, may or ought to compel, or enforce any man to take such an oath, or excommunicate or imprison any man, for refusing to take the same. Yet notwithstanding our Prelates, and High-Commissioners, trampling all the forecited laws and Premises under their feet, daily city and compel men to take Ex officio oaths, to accuse and betray themselves and others; excommunicating, witness the separatists and old Mr. Wharton of late imprisoned, onely for this cause, and one Mr. jones a Minister. yea imprisoning at the first, all such, who out of Law or Conscience refuse to take them; to the intolerable oppression, grievance, vexation of his Majesties Subjects, and the infringement of their just, ancient Rights and Liberties. John. 18.19.20.21.22. When our Saviour Christ was convented before the High-Preist, and there asked by him of his Disciples and of his Doctrine; Jesus answered him, I speak openly to the world, I ever taught in the Synagogue, and in the Temple, whither the Jews always resort, and in secret have I said nothing, why askest thou me? ask them which heard me, what I have said unto them: behold they know what I said. And when he had thus spoken, one of the officers which stood by, stroke Jesus w●th the palm of his hand, saying: Answerest thou the High-Preist so? Jesus answered him, If I have spoken evil, bare witness of the evil, but if well, why smitest thou me? If any of Christs Ministers be convented before our Bishops or High-Commissioners, concerning his Disciples and Doctrine, and shall answer them as Christ here doth the High-Preist, and in his words, refusing to accuse or detect himself and them, they are so far ●●●●●●●sting satisfied with our Saviours own, and this their an●w●●, as the High-Preist was; that they and their officers will use them, as the High-Preists officers did our Saviour, saying; Answerest thou the High-Preist, Archbishop, Bishops, and High-Commissioners so? and sand him forthwith to prison, as obstinate ad seditious persons, and experience daily testifieth: so far worse and unreasonable are our Prelates, and High-Commissioners grown, then the jewish High-Preist, who convented our Saviour; and such a capital offence is it now a dayes reputed, for Christs faithful Ministers to follow this their Masters example; in so much, that one wittily make this Quaere o in a printed book, dedicated to queen Eliz. If Christ himself were now a live on earth, and convented before our High-Preists and Commissioners, as he was before the Jews High-Preist, and there asked by them of his Disciples and Doctrine, and should give them the self same answer, as he did to him; to which of the prisons he should be committed by them for it. Whether to the Kings Bench, the Clinck, the Fleet, Marshallsey Counter, or Gatehouse?( For to one them he should surely be sent;) they committing Master Bambridge, Master Johnson, and sundry other Ministers, for giving them the self same answer, even in our Saviours words, when they were asked by them, of their Disciples and Doctrine, and refused to take an oath to accuse themselves, as our Saviour here did. 5. Fiftly, That all our Bishops, Archdeacons, and their Deputies, Visitation oaths, are directly unlawful, against the laws, the statutes of the realm, and Liberties of the Subject, which I would wish, that insolent, audacious Prelate, Doctor Wien, Bishop of Norwich, and his Visitors, to consider; who in his Visitation Articles, printed An. 1636. Ch. 6. Sect. 9. hath inserted this extravagant new Article of Inquiry for Churchwardens, to present any one upon oath: Hath any man, that you know, or have heard of, by speech or writing, or upon the assertion of any other man affirmed,( whether within or without his diocese it matters not,) That men ought not to take the office, or the oath of a Churchwarden, or of presenting at the Bishops Visitation? Or that the said oath is unlawfully given them: Or that being taken, it is but of course, and binds them not, nor need to be regarded: Or that( the said oath notwithstanding) it is free for them to make inquiry, nor to answer, but to do what they list, and to leave out and pass by whom they will, and what they will in their presentments? threatening at the end of the Articles, That if( their oath and all his advertisement) notwithstanding any Churchwardens or sworn men, shall follow the customary maner, and be careless in enquiring and presenting as they ought, or shall not make a distinct answer to every of his Articles( being in all 139.) and to every thing thereof, as far as they know, or have heard of any offence; that upon information and proof otherwise had, they shall be called to answer their wilful perjury,( unjustly occasioned by this wilful Bishop himself) in some other course of justice, for neglecting to inquire or present to all the particulars herein proposed: Though these oaths in these ensuing respects, be altogeiher unlawful, yea ungodly and Antichristian. 1. First, Because they are neither made nor prescribed by any Act of Parliament, but onely by the Bishops and Prelates themselves, without any lawful authority. 2. Secondly, Because, they are out of cases of Matrimony and Testament, wherein onely ecclesiastical Iudges can administer an oath by the Common and statute Law, and so they have no colour of Authority or jurisdiction, to impose and make such oaths, being point blank against the laws, Statutes and customs of the Land, and forecited Prohibitions. 3. Thirdly, Because they have no Letters Patents, nor Commission from his Majesty, under the great seal, to administer or impose such oaths. 4. Fourthly, Because they administer them in their own names and right( in which the likewise print and publish them,) not in his Majesties, nor by his authority, contrary to the Statute of 1. Eliz. c. 1. and their oath of supremacy and allegiance. 5. Fiftly, Because the Articles which they force Churchwardens and others to present upon, by virtue of these Visitation oaths, are utterly unlawful: contrary to the express statutes of 25. H. 8. c. 14. 19. 21. 27. H. 8. c. 15. 3. and 4. E. 6. c. 11. 12. 13. Eliz. c. 12. with sundry other statutes, yea contrary their own Canons, 1603. Can. 1.2.12. and King James Letter Patents before them; being set forth and published in their own Right and names alone, without the Kings authority, licence, and confirmation under his great seal, and the Assent of the Convocation and 4. E. 1. c. 5 18. E. 3. c. 2 Stat. 2. H. 4 c. 15. 2. H. 5. c. 7. Eadmerus Hist. Nov. l. 3. p. 67. & joannis Seldeni Spicil. Ibid. p. 177. 31. H. 8. c. 14. 32 H. 8. c. 15. 26. 38. 35. H 8 c. 16. 36. E. 3. c. 8. 2. H. 5. Stat. 2. c. 2. Parliament, without which no Articles, Canons or ecclesiastical Constitutions can be promulged, to bind the Commons and Laity, as these statutes with others resolve. 6. sixthly, Because these oaths, are directly contrary to the oath of Supremacy and allegiance, tending to erect a usurped ecclesiastical jurisdiction, not derived by Letters Patents from his Majesty, nor exercised in his name and Right, or by his royal authority: and to subject his people thereunto; contrary to the Statutes of 25. H. 8. c. 14. 19. 20. 21. 26. H. 8. c. 1. 27. H. 8. c. 15. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. to their Can. 1.& 12. own Canons, 1603. and contrary to their duty and allegiance to their sovereign. 7. Seavently, Because they are contrary to the Canon Law itself, and are but late encroachments. The first that ever attempted to administer an oath in Visitations, was Hist. Maj. p. 693. 694 Grosthead, Bishop of lincoln, An. 1246. before which time matthew Paris records, it was never used here in England; and thereupon a Prohibition was directed to the sheriff of Hertford, to prohibit all Laymen to take any such oath, by the King, his Judges and Counsels special direction. Whereupon such oaths were never afterwards administered till Bishop Bonners time; the Canonists themselves resolving, that Visitors ought to visit without administering any oath. Hence Summa Angelic. Tit. Visit. 2. See Gratian. causa 2. qu. 51. Angelus de Clavasio, a famous Canonist, flourishing about the year of our Lord 1480. expressly resolves, that Bishops and Visitors in their visitations, ought to in●ire of those things, which belong to their office, without oath, and ●action; inducing the people to reform those things that are amiss, dieth by wholesome counsels, and by gentle persuasions, or reproofs, ●s they shall think meet. And our great English Canonist William Lindewood, about the year of our Lord, 1424.( though ● grand advancer of episcopal jurisdiction within this realm,) determines positively: Provinc. Const. l. 1. De Constitutionibus exterior habitus. Sect. Inquirant. f. 13. a. That archiepiscopal, Ep●scopall, Archidiaconall visitations( which he calls solemn preparatory Inquisitions,) are regularly made in general, ET SINE EXACTIONE IVRAMENTI, and without the exaction of an oath. If this be not sufficient, he adds more●ver: De Iurejur. l 2. c. Evenit f. 80. b. That from the beginning, when a general Inquisition is made in visitations, NON DEBET EXIGI IVRAMENTVM, no oath ought to be exacted, by which any one may be constrained to detect another mans secret sin and offence; yet after such time, ( CRIMINA SINE IVRAMENTO RETINENTVR,) ●at such crimes are presented without oath, to be corrected, the Inquisitor may then exact an oath, ( ad praestandum de veritate Testimonium,) of witnesses to give testimony to the truth; but not of Churchwardens, or Sidemen, to present any upon oath. Which joint resolution both of Angelus De Clavasi●, and Lindewoode, not very many yeares before Bonners visitation, ●re not onely an unanswerable evidence, that visitation oaths, and Articles of Inquire and presentments upon oath, are direct●y unlawful, as well by the Canon, as the Common Law; but likewise a grant Argument to manifest, that the Popish Hellhound, Bishop Fox Acts& Monum. p. 1338. Bonner, was the first that used, or imposed any such oaths and Article●, these Canonists not long before concluding them unlawful in point of Law, and unusual in point of practise, as the first words of Lindewood,( solemn preparatory Inquisitions, are regularly made in general, and without the exaction of an oath) insinuate. In all the See Fox Acts and Monuments p. 999. 1000. 1001. 1181. 1182. Queen Eliz. Injunctions, with Articles to be enquired of in the first year of her reign, printed Cum Privilegio, An. 1559. Articles of Inquiry and Injunctions, published by King Henry the eight, King Edward the 6. or queen Elizabeth, and given in charge by their Visitors in their general visitations, I find no form, nor mention of any oath, administered to Churchwardens, or any other, as there is in all Archbishops, Bishops, and Archdeacons Articles of inquiry, lately printed: therefore questionless they administered no oath, though they visited by Commission from the King himself. How then dare they now to enjoin and make such Visitation oaths as they do, when as the Kings own immediate Visitor did it not? In all the 36. H. 8. pars 13. the Patent to Robert, Archbishop of york. 5. Edw 6. pars 1. the Patents to Ponet, Scory, and Coverdale, with others. Licenses and Letters Patents made to Archbishops, Bishops, and others by King Henry the 8. or King Edward the 6. authorizing them to keep Consistories and Visitations, and Inquiry of all ecclesiastical offences, there is no word or intimation that they should do it upon oath, nor any Commission given them to make, or administer oaths to any. Therefore no doubt their visitation Inquiries were without oath, else they would have had some clause or other in their Patents to inquire upon oath. In the Fox Acts& Monum. p. Articles of cardinal pool, in queen Maries dayes, for his archiepiscopal Visitation, there is no mention of any oath to be administered to Churchwardens, Questmen or Sidemen. In the Canons made in Convocation, and printed 1571. there is not one word of an oath, nor any form of oath, prescribed for Churchwardens, or any others to take, or Bishops to administer: Yea in the book of Canons, made in Convocation, An. 1603. there is no form of oath prescribed, inserted, nor constituted for Churchwardens, Questmen, or Sidemen to take before their presentments; and the 113. and 114. Canons ordain, that Ministers may present offences without oath; why not Churchwardens then as well as they? The Fox Acts& Monuments p. 1338. first man I read of, who administered an oath of inquiry in any Visitation kept in England, was that bloody butcher of Gods Saints, and Antichristian bandogge, Edmond Bonner, Bishop of London; wh● upon the eight day of September An. Dom. 1554. upon the coming in of queen Mary, began his Episcopali Visitation, and therein charged 6. men in every parish, to inquire, according to their oaths,( which he had purposely framed and administered to them,) and to present before him, the day after saint Matthewes being the 23. of September, all such persons, as either had or should offend in any of his Articles, which he had set forth to the number of 37.( the first Articles, that ever any Bishop durst set forth in England, Antiquit. Eccles. Brit. p. 334. 335. except 5. Articles, published at Paulus cross by Archbishop Bourgchiers command, An. 1455. to be enquired of in his archiepiscopal visitation, but not upon oath, for ought appears.) Never did any English Bishop, that I red of, administer any oath of inquiry before this bloodsucker Bonner; a fit Author for such an Antichristian Romish innovation; not seconded( for ought I find,) till Archbishop Bancroft his metropolitical visitation, who Anno 1604. published visitation Articles in print, to be enquired of upon oath; whose footsteps our Archbishops and Bishops since have followed, yea and See this Oath before Dr. Pashes visitation Articles, a very large, strict and strange one. Archdeacons too, who now both make and print oaths and Articles usually in their own names, to be taken and enquired of in their visitations every year without fear or shane,( though they incur thereby 25. H. 8. c. 19. 21. 1. E. 6. c. 2. 3. and 4. E. 6. c. 11. a Praemunire,) as if each of them were a King and Parliament, to make and prescribe what oaths and laws they pleased, in contempt and Derogation of the Kings crown and Dignity, and of the laws, the customs of the realm, which prescribe or warrant no such oaths or Articles; as the Prohibition formerly mentioned, and the Petition of Right expressly resolve. 8. Eightly, These visitation oaths are unlawful, because they make a direct Alteration of the Common Law, in enforcing an oath on the Subjects in such cases, where the Law saith, they ought not to take an oath, and so bring in a bondage both upon their Consciences and persons, binding their souls over to damnation by reason of the sin of perjury, and their persons to infamy, ecclesiastical Censures, mulcts, excommunications, and by consequence, to imprisonment upon a Capias Excommunicatum, contrary to the express Statute o● Magna Charta, c. 29. That no man shall be taken, imprisoned or any way outlawed, or destroyed, but by the lawful judgement of his peers, and by the Law,( that is, the Common and Statu● Law) of the Land: Now 11 H. 4. 37 brook Praemunire, 14 25. H. 8. c. 14. 19 21. 27. H. 8 c 15. 35. H 8 c. 16. 20. H. 3. c. 9. 3.& 4. Ed. 6. c. 11. 6. H 7. c. 4. 10. H. 7. 23. a. neither the King himself, nor th● Pope, nor the Archbishops, Bishops and Clergy in Convocation nor yet the King and they together,( much less then every Archbishop, Bishop, or Archdeacon in their several visitations, can alter the Common Law, or deprive the people, either of the Liberty of their Consciences or persons, or make that an offence of an high nature, which by the Law before was none:( All or either of which a 20. H. 3. c. 9. 25. H. 8. c. 14. 21. The Petition of Right, 3. Caroli. Parliament onely is able to do, by a general unanimous consent both of the King and realm,) Therefore they ca● neither make nor impose any oath in their visitations, this being the true ground, why Register, part. 2. f 36. b. Fitz. Nat. Bre. f. 41. a. rastal abridgement of Statutes, Prohibit. 5. a Prohibition lies at Common Law, to inhibit all such oaths. 9. Ninthly, Because such oaths are directly contrary to the ancient Rights and hereditary liberties of the Subject, as i● resolved in the Petition of Right that all oaths are, which are n● warranted by the laws and Statutes of the realm;( which Rights and Liberties every good Gal. 4.31. and c. 5.1. 1. Kings, 21.2.3. Subject is bound in Conscience to maintain against all unjust encroachments,) and because they tend to the erection and supportation of an Antichristia● episcopal tyranny over the very consciences and souls of men● not warranted, but directly oppugned, both by the laws o● God, and the realm, and to bringing in of such a mere arbitrary hierarchical domineering power, as will make See roderick Mors his complaint to the Parliament. ch. 23. 24. every Bishop an absolute Pope, and as much, as a King and Parliament, to enact, what Articles he will; and do what he list of hi● own head, without consent, either of King and Parliament● For these oaths are onely for the maintenance and executin● of those Articles, which the Bishops and their officers set o● and print in their own names, by their own bare authority contrary to the laws and Statutes of the realm, the King Supremacy and Subjects Liberties; devised of purpose to in●hrall and captivated both Churchwardens, Sidemen, and all other his Majesties Subjects under them; to bring the whole realm into a mere servitude and vasallage, to every Bishops pleasure; to bring in what Ceremonies, Religion, Rites, or In●ovations soever they list without opposition, and enforce all to submit unto them, though directly contrary to Gods word, the Doctrine established in our Church, and the Statutes of the realm. Now what good Subject or Christian, in point of Conscience can submit to oaths devised and pressed for such dangerous purposes, or directly tending to the introducing and propagating of such an exorbitant episcopal tyranny? 10. Tenthly, Because these oaths are directly against the ●ery 1. Cor. 13.4.5.6.7. Ephes 4.31 32. c. 5.1.2 15. Rom. 1.29.30.31. Phil. 4.8. Iam. 3.10. to 18. c. 4.11.12. Gal. 5.13.14.15.20. c. 6.1.2. 1. Pet 1.22 c. 2.1.2 12 15.16.17. 2 Tim 3.1.2.3.4.5. Col. 2.12.13.14.15. 1. Pet. 4.8. Rules of charity and law of God; especially as they are now used: For the Articles, which are now adays exhibited to Churchwardens and Sidemen to present on, by virtue of their oaths, without any favour, affection, or partiality to any person, whatsoever that is within their dangers, are mere Psal 1 19 110. Psal. 140.5. and 141.9. and 142.3. and 38.12. and 64.5. jer. 5 16. c. 18.22. Ps. 10.9. Hab. 1. c. 15. Mar. 12.13. Luke. 11.54. snares: and traps, to entangle all good Ministers and people; and bring them into trouble in the Bishops Consistories, even for their conscionable and faithful discharge of their several ministerial, or Christian duties, and their opposing, or not using of those Popish Superstitions, Ceremonies, Rites, Innovations, or Romish Arminian Doctrines, which they canno● submit to, use, or not oppose, even in point of Conscience; as their several late Articles publicly man fest. Now what good Christian can, or dares take an oath, to present( upon such wicked Articles as now are usually published, his own faithful, painful, conscionable Minister, his godly Christian Neighbours, kindred, brethren, friends, that are most nearly linked to him, to draw them into trouble, either to the loss of liberty, living, goods, ( yea all of them oft times,) and that onely for their well doing, at least for that, which is not apparently evil? Is this Christianity? Is this charity? Is this Religion? or rather the very fullfilling of our Saviours repetition, Matth. 10.17.21. But beware of men, for they will deliver you up to the councils, and they will scourge you in their Synagogues: and the Brother shall deliver up the brother, and the Father the child, and the children shall rise up against their parents: Luke 21.16. And ye shall be betrayed both by parents and Brethren, and kinsfolk and friends? certainly the Godly Martyrs of old would never have taken such an oath, nor presented on such Inquisition Articles as these: For as they generally Fox Acts and Monum. p. 951. 956 957. 960. and other places forequoted. refused and declaimed against the oath and proceedings, Ex officio, to accuse and detect themselves, administered to them, by tyrannicall and bloodthirsty Popish Prelates, as Antichristian and illegal; so they utterly denied to accuse, detect, present, or inform against any of their Christian Brethren and Ministets unto the Bishops and their officers, as a work more proper for the devil,( the accuser of the Brethren, Rev. 12.10.) then themselves, whose office they would not usurp. Hence our worthy Martyr, Fox Acts& Monum. p. 487. 488 See 495. 496. to like purpose. William Thorpe, being examined before Thomas arundel, Archbishop of Canterbury, An. 1407. refused, first of all to swear by, or on a book, or to take an oath, before he was informed what it was, he should swear to. And the Archbishop requiring him to swear in all diocese where he came, to forsake and oppose the Sect of the Lollards, and to publish them and their names, and make them known to the Bishop of the Dioces, or his Ministers,( the very oath in effect, that Churchwardens now take,) he hearing these words thought in himself, that this was an unlawful asking, and deemed himself cursed of God, if he consented hereto; and then spake thus to the Archbishop: Sir, if I consented to you thus, as ye have here before rehearsed to me, I should become an appealer, or every Bishops espy, sent over all England. For, and I should thus put up, and publish the names of men and women, I should herein deceive full many persons; yea Sir, as it is likely by the doom of my conscience, I should herein be the cause of the death both of men and women, yea both bodily and ghostly. For many men and women, that stand now in the way of Salvation, if I should for the learning& reading of their belief, publish them therefore up to the Bishops, or to their unpiteous M●nisters, I know some deal by experience, that they should be so distroubled, and diseased with persecution, or otherwise, that many of them( I think) would rather choose to forsake the way of truth, then to be travailed, scorned, slandered, or punished, as Bishops and their Ministers now use, for to constrain men and women, to consent to them. But I find in Let Churchwardens& Sidemen, who take an oath to present their godly Ministers& Christian Brethren upon Bishops illegal Visitation Articles, consider this well. no place of holy Scripture, that the office that ye would now enfeoff me with, accordeth to any priest of Christs Sect, nor to any other Christian man: and therefore to do this, were to me a full noyous bond, to be bounden with and over-greivous charge. For I suppose, that if I thus did, many men and women would, yea Sir, might justly to my confusion say to me, that I were a traitor to God and to them: since( as I think in mine heart,) many men and women trust so mikle in my cause, that I would not for saving of my life, do thus to them. For if I thus should do, full many men and women would( as they might full truly) say, that I had falsely, and cowarly forsaken the truth, and slandered shamefully the word of God. For if I consented to you to do here, after your will, for boncheife, or mischief, that may befall me in this life, I deem in my conscience, that I were worthy herefore to be cursed of God, and also of all his Saints: for which inconvenience, keep me and all Christian people, almighty God, now and ever for his holy name. So Fox Acts& Monum. p. 1872. John Lithall, An. 1558. being questioned before the chancellor both concerning himself, and some others, that he knew; answered, If you have any thing to lay to my charge I will answer it; but I will have no other mans blood upon my head: refusing to accuse or detect any other. Hence also our famous Martyr Fox Acts& Monum, p. 1023. 1024. John Lambert, being pressed upon his oath, to detect his fellowes, that adhered and resorted to him, denied that he knew any such ad●● ents in the matters objected to him: But though I did,( saith he) I would not,( except I knew that charity so required, which I do not find yet hitherto) detect, or betray any ●ne of them, for no mans pleasure. So Fox Acts& Monuments p. 1108. 1109. John warbeck, Martyr, being both by threats and allurements oft times urged to detect his other Christian Companions and their secrets to the Bishop of Winchester, absolutely refused to discover or accuse any of them, though he might thereby have procured his liberty and saved his life, in somuch, that Winchester said thus to his men, when he came from mass: This is a marvellous Sect, for the devil cannot make one of them to betray another. So Fox Acts& Monuments p. 1646. 1651. 1660. Master Philpots fellow prisoners, refused to swear or give any testimony at all against him, neither would they accuse themselves upon Articles Ex officio, tendered them to answer to upon oath: Neither would Master Philpot himself discover his friend, that wrote a Letter to him, which came to the Bishops hands, though he were urged to do it, telling the Bishops, that they should never know of him who wrote it; neither would he answer upon oath, to the articles Ex officio administered to him, to entrap him. So Fox Acts& Monuments p. 1843. 1844. 1845. Cuthbert Simpson, Martyr, Deacon of the Christian Congregation in London, though tortured and racked in the Tower, in a most cruel barbarous maner, would not discover any of those that came to the English Service: And being after articled against, so being at assemblies and conventicles, where a multitude gathered together, to hear the English Service, and receive the Sacraments, and to discover, whether he did not red service there,& app●oove those things. he answered to this, that he was not bound to answer to this article as he believed. If these Martyrs seem factious and Puritannicall to our Prelates, I shall desire them to remember, that Master Hutchinson in his book, entitled The Image of God, printed Cum privilegio, 1552. f. 40. records out of other Histories, That one Firmius, Bishop of Tagusta, when the Emperor sent his Officers, to search after a certain Christian man, whom he had hidden; he being enquired for him, said, he would not deny, but that he had hidden him, because of lying; but that he would never betray him; for which answer he was grievously pained and to tured: but no pain could cause him to disclose where the man was. Whereupon the Emperor marveling at his steadfastness and fidelity, delivered him: whose fact he highly magnified. Moreover this hath been not onely the constant practise, but likewise the Doctrine of our Martyrs, that one Christian ought not to accuse, detect or betray another, unless it be for some notorious Error, crime, heresy, 'vice, or capital offence, which is In his works. f. 172. b. 179. b. Master Tindals express Doctrine, and page., 481. 482. 539. 951. 956. 957. 960. 1006. 1022. 1023. 1108. 1109. 1125. 1164. 1179. 750 751. 753. 754. to 764 1224. 335 1382. 1643. 1646. 1651. 1660. 1777. 1778. 1792. 1796. 1813. 1814. 1815. 1843. 1844. 1872. 1873. 1934. Master John Fox his assertion too, in sundry places of his Acts and Monuments; yea the Gratian. cause. 16. Quest. 5. c. Non frustra. Cauf. 22. Quest. 4. Summa Angel. Accusation. 4. soldan 3. Sect. 7.& 5. Sect. 7.23. Canonists themselves affirm upon record, that no man ought to be compelled to accuse another, nor yet to take any oath, to that end or any other, unless it be for the public good in lawful causes, the advancement of Gods glory, his own, or his neighbours benefit, and that all oaths tending to the prejudice or corporal hurt of himself or his neighbour, or against any positive, or public laws, are unlawful, and no ways binding, yea utterly to be refused. And Pope Cornelius himself confesseth, Nos Sacramentum ab Episcopis nescimus oblatum, NEC VNQVAM FIERI DEBET, NISI PRO RECTA FIDE:& Sacramenta incanta fieri prohibemus, Wee never knew any oath administered by Bishops, neither ought it to be administered, but onely for the right faith, in point of purgation, when one is publicly accused, or heresy; and wee prohibit inconsiderate oaths( as all visitation and Ex officio oaths are) to be made or administered: Which Decree of his,( inserted Causa 2. Quest. 5. by Gratian, into the body of the Canon Law,) utterly subverts all visitation oaths, which antecede all accusations, and are not made or given in cases of purgation, concerning the orthodox faith. These visitation oaths, therefore being thus directly contrary to the positive laws and Statutes of the realm, the public good of Religion; the Rules of Christian charity, and purposely to ensnare men in the Bishops traps, for the advauncing of their own usurped Antichristian jurisdiction, and of such ill beginning and dangerous consequence, no good Christian, or Subject, can or ought to take them, but utterly to withstand and refuse them as illegal, in all these respects, as they were adjudged in Master Whartons case, by Sir Edward cook, and all the Judges of the Kings Bench, in the third year of King James: who being Churchwarden of Blackefriers Church in London, and excommunicated, and imprisoned upon a capias excommunicatum, for refusing to take an oath, to present upon visitation articles, was upon a Habeas Corpus brought by him, discharged by the whole Court, both from his imprisonment and excommunication: because the oath and articles were against the laws and Statutes of the realm, and so might and ought to be refused: Which oath now commonly runs in this form: See Bishop lauds, Bp. Mountagues, Bp. Wrens, and other Bishops& Archdeacons visitation Articles. You shall swear that you and every of you, shall duly consider, and diligently inquire of all and every of these articles given you in charge: and that all affection, favour, hatred, hope of reward and gain, or fear of displeasure or malice set a side, you shall present all and every such person, that now is, or of late was within your Parish, or hath committed any offence, or made any default, mentioned in or any of these articles, or which are This clause was not in their oaths, till now of late. vehemently suspected, or defamed of any such offence or default, wherein you shall deal uprightly and fully, neither presenting nor sparing to present any, contrary to truth, having in this Action Had they God before their eyes, they durst not take such an Oath, as this to bring custom to the Prelates will, and ensnare their godly brethren with their own souls and Consciences. God before your eyes, with an earnest seal to maintain, truth and to suppress 'vice. So help you God and the holy contents of this book. 11. Finally, These visitation oaths, ought utterly to be abandoned, because they are an ordinary occasion of very much perjury; there being scarce one man that takes them, that either can or doth sincerely and fully di charge them, the Articles and several clauses of them, being so various for matter, so numerous for multitude, so opposite to Law, and the Oath of Allegiance, as appears by Bishop Wrens late Articles. As therefore the Fathers and others upon Matthew and James the 5. with some of our own Fox Acts& Monuments p. 495. 460 461. Martyrs generally condemn all book oaths, with the enforcing of men to swear, unless in cases of great moment and absolute necessity, to avoid the danger of perjury, both in the swearers, compellers, and officers that give the Oath, as Bibliothecae Sanctae. l. 6. Annot. 26.7.433.434.435. Sixtus Senensis, hath largely manifested out of the Fathers own words: And as the second Synod of Cabilonium, under Charles the Great, An. 813. c. 13.14.18. inhibits men to be constrained to take an oath in causes of Tithes, by reason of the danger of perjury, in these ensuing words: Qui vero decimas post crebras admonitiones& praedicationes sacerdotum dare neglexerint, excommunicentur; IVRAMENTO VERO EOS CONSTRINGI NOLVMVS PROPTER PERICVLVM PERIVRII: and likewise prohibits Ministers to take, and Bishops to give any oath of canonical obedience for the same reason, in these terms: Dictum est intereà de quibusdam fratribus, quòd eos, quos ordinaturi sunt, jurare cogant quod digni sint,& contra Canones non sint facturi,& obedientes sint Episcopis, qui eos ordinat,& Ecclesiae in qua ordinantur, QUOD IVRAMENTVM, QUIA PERICVLOSVM EST, OMNES UNA INHIBENDVM STATVIMVS. Though both these oaths tend to the advauncement of the Bishops jurisdiction and profit. So by the selfsame reason, these visitation oaths must needs be concluded to be unlawful, intolerable,( and those Ex officio too, in which men are over prove, rather to perjure then betray themselves,) because they are the occasion, not onely of much, rash, and inconsiderate swearing, but of much perjury likewise, Hosea 42.3. which makes the whole land to mourn, and precipitates many into hell, who might have lawfully and with much comfort have refused them, as contrary both to the laws of God and man. To mention all the particular encroachments of the Prelates upon the Subjects Liberties, besides those here forecited, were an endless work; requiring rather many folio volumes to comprise them, then a brief Epitome, unable to contain them, wherefore pretermitting them till some fitter occasion, I shall close up this Breviate, with a summary relation of tho●e penalties, which our Prelates and their Officers have incurred by them, not so much in respect of the particular persons, they have injured and oppressed; who may right themselves by Prohibitions, Actions of the case, False imprisonments, and Inditements, according to their several cases, even at the Common-Law; as in regard of his Majesty, whom they have most injured and affronted, who may justly proceed against them for these their exorbitances and encroachments, either by Indictements in the Kings Bench, or by Informations in the star-chamber, or by Attachments of their bodies, and seizure of their temporalties, or else by a Praemunire, the most proper remedy, as the ensuing Presidents and Law cases will demonstrate. In See likewise 22. H. 8. c. 15. 3.& 4 E. 6. c. 11. 1. Eliz. c. 1. 5. ●liz. c. 1. 27 Eliz c. 2 23 Eliz. c. 1& Fitz.& brook. Tit. Praemunire. Rastals Abridgement of statutes, Title Provision and Praemunire, wee may see, as in a map, how all those who shall purchase Provisions or Bulls from Rome, or derive any ecclesiastical er temporal Authority thence, or shall exercise any ecclesiastical Jurisdiction, or Authority hy his own inherent, or usurped power, or by any foreign or domestic ecclesiastical authority, not derived from the King, by Letters Patents, or sue any man for temporal things, determinable in the Kings temporal Courts, before any ordinary or spiritual Judge, or attempt any thing merely against the Kings crown, and regality used and approved in the time of his progenitors, shall or ought by Law, to incur a Praemunire, for all and every of these misdemeanours, as the several Acts there cited, prove at large. Which our Law books thus second: In 5. Ed. 4. 6. Fitz. Praemunire 5. and Br. 12. Cromptons Jurisdiction of Courts, f. 97. a. it is agreed, that if a man be sued and excommunicated in the Bishops Court, for a thing which appertains to the Common Law, that a Praemunire lieth: for the words of the statute of Praemunire are, If any sue in the Court of Rome, or ELSEWHERE, which is intended in the Bishops Court; and so saith Fitzherbert, it was then adjudged, as also Pasche, 11. H. 7. which himself heard and observed. So saint Germin, in his book called Doctor and Student, l. 2. c. 24. 32. f. 106. 119. and Br. Praemunire, 16. accord; That if any man sue for a Lay thing in the spiritual Court, which belongs not to ecclesiastical Jurisdiction; as for debt against executors on a simplo case, especially if he be excommunicated, may sue a Praemunire facias, as well against the party that sued him, as against the Judge, and he ought to be assoiled gratis, 21. E. 3. 60. a. Cromptons Jurisdiction of Courts, f. 97. a. and Br. Praemunire 21. If a Bishop visits or intermeddle with a donative, which is a Lay thing,( as the Archbishop would now visit the colleges of Cambridge, all of them Lay things and corporations, many of them of the Kings ancestors royal foundation, and Register, pars 2. f. 40 b Cookes Instit f. 344. a. 25. H. 8. c. 21. so exempt from archiepiscopal, as well as episcopal visitatation, and the residue having their peculiar Visitors, appointed by their Founders, by the Kings ancestors special licence, and so not to be visited by any other,) he incurs a Praemunire by it; as did Barlo, Bishop of Bath, and wells in the time of King Edward the 6. for visiting the dean and Chapter of wells, and depriving the dean; and William Bateman, Bishop of Norwich, for visiting the Abathie of saint Edmonds Bury, joannes Anglicus Hist. Avi●e. c 49.& cattle. Cauncellarior. &c. in Academia Cant. Aula Trinitat. for which temporalties were seized into the Kings hands, and he fined 30. talents of gold to the King, amounting to no less then three thousand pounds: And the Archbishop of Canterbury questionless hath done now by visiting sundry Donatives and Peculiars, as Archbishop of Canterbury onely, not as the Kings Visitor, Anno 44. Edw. 3. 36. Br. Praemunire, 5. If a Vicar leave his vicarage, for yeares or life rendering rent, and sue in the ecclesiastical Court for the rent, a Praemunire lieth, because the rent reserved is a Lay thing: So 10. H. 7. 9. Fitz. Imprisonment, 28. The Bishop of Durham, punished his Clerkes in a Praemunire, for suffering a man, to sue in his spiritual Court for temporal causes. In 7. H. 8. Keilway, 183. 184. Doctor Standish was cited and convented before the Convocation for affirming, that the exemption of Clergy men from temporal Jurisdiction was not De jure Divino; See 25. H. 8. c. 14. 22. E. 4. c. 5. 36 E. 3. c. 8. accordingly. that positive ecclesiastical laws and Constitutions bound none but those, who voluntarily received them: that the study of the Note this. Canon Law was to be rejected, because it controlles Divinity itself, whose hand-maid it is. That Laymen might without sin punish any Clergy men, by reason of the negligence of the Prelates; and that so little of the volume of the Decrees did bind Christians, and no more then one might hold in his fist, upon this Citation, all the Judges of England, the Kings council; spiritual and temporal, and divers of the Parlialiament met together at Black friers: where after full debate of the cause on both sides, they all jointly and fully resolved, that all those of the Convocation, who had their hands in a warding the said Citation against Doctor Standish, for maintaining the Kings temporal Jurisdiction, wherein the case of a Praemunire facias: Anno 1514. Richard Halls Chro. f. 50. Keilway. f. 182. a. Fox Acts& Monuments p. 737. 738 hun, a Marchant-Tayler in London, by the advice of his learned council at Law, pursued a Praemunire facias against Thomas Drifeild, clerk, person of saint Mary Matsilon, for suing him in the spiritual Court, for his childs Bearing-sheet as due unto him for a Mortuaris, and likewise against all his aiders, proctors, councellors and abetters; which when the rest of the priestly order heard of, they greatly disdaining, that a Lay-man should enterprise such a matter against any of them: and fearing also, that if they now should suffer this priest to be condemned at the svit of hun, there would be thereby ever after a Liberty opened to all others; and that this might prove a fatal blow unto them; to prevent this eminent danger, they maliciously accuse this hun, unto Richard Fitz James, Bishop of London, who to satisfy the revengeful bloody affection of his chaplains convented him to the Lollards Tower at Paules, where by Doctor Horsies the Bishops Chauncellours, and other his adversaries procurement, he was cruelly murdered and strangled to death, the story, carriage, and proofs, of which barbarous murder are at large recorded by Master Fox. Halls Chro. f. 184. 190. 195. Fox Acts and Monuments p. 959. Anno 21. H. 8. cardinal Woolsey, in the ruff of his pride and power, was upon the complaint of the Lords attainted in a Praemunire, for exercising ecclesiastical Jurisdiction by a power Legantyne, not by a power derived from the King: and for causing the cardinals Hat to be put on the Kings coin: whereby he forfeited all his lands, tenements, goods, and chattels to the King, and was thrust out of his office of Lord Chaunsellour, and out of Court and favour to his ruin. And the whole Clergy, with all the Prelates, spiritual Judges, Vicars general, Chauncellours, Commissaries, officials, rural deans, and all other their Ministers, who ever supported and maintained his power Legantine, were likewise every one of them in a Praemunire, for consenting and submitting thereunto; whereupon the spiritual Lords were called into the Kings Bench, to answer thereunto: but before their day of appearance, they in their Convocation concluded an humble submission in writing, and offered the King an hundred thousand pounds to be their good Lord, and also to give them a pardon of all offences, touching the Praemunire by Act of Parliament; the which offer with much labour was accepted, and their pardon promised: In this submission the Clergy called the King supreme head of the Church of England; which thing they never confessed before. Upon this their submission, and the grant of an Master Fox saith 118840. p. hundred thousand pounds to the King, to purchase their pardon, their pardon was granted them in Parliament, as the statute of 22. H. 8. c. 15. declares. Our Prelates and Officials now exercise an ecclesiastical Jurisdiction, if not by a power Legantine, yet at least by a usurped authority of their own, in their own names and rights, without any Patent or Commission from the King under the great seal, and they stamp and coin the Kings ecclesiastical process,( as much his by Law as his coin,) with their own names and seals too, having commonly a Bishops mitre in or over them( a greater offence then the Cardinals stamping onely his Cardinals cap on the Kings coin,) and all the Clergy of England have submitted to this their power, process, proceedings, and many Laymen too. Why then all our Prelates and their Officers should not now be attainted in a Praemunire, for these their intolerable insolencyes, and proceedings, to the loss of their bishoprics, lands, goods, chatles, liberties? and why all those Clergymen and others, who have willingly submitted to, and maintained this their usurped jurisdiction and Proceedings without resistance, should not likewise redeem their exemption from a Praemunire, at treeble the rate that these Clergymen did,( their livings being treeble theirs in value?) I see no cause in Law, Iustice, or Conscience, Hill. 25. H. 8. Coram Rege, Rot. 15. Richard Nyx, the blind Bishop of Norwich, was attained in a Praemunire, and judgement given against him, that he should be out of the Kings protection, and his tenements, goods, and chatles, forfeited to the King, and his body taken and imprisoned, during the Kings pleasure, for citing Richard Cokerall, mayor of Thetford, and Robert Fykes, and William Huet of the same town, to appear before him in his Consistory, to answer to some Articles, concerning the mere Salvation,& Reformation of their souls; and enjoining them under pain of Excommunication, to call before them a Jury, which had presented before them a custom of the said town; That the Tenants of the King, and of the Duke of Lancaster inhabiting within the same; by an ancient custom time out of mind, should not be drawn into any Court Christian, for any spiritual cause, but onely for the dean of Thetford; and that if any person should prosecute any of them, or serve them with any Citation out of any other spiritual Court, he should forfeit 6. s. 8. d. for the same, and to cause them to revoke, and disannul this presentement in open Court, to the manifest contempt of the King and his laws, and the derogation of the Jurisdiction, and prerogative of his royal crown, in intermeddling both with persons exempt, and for things done legally before them in a temporal Court. This Bishop was likewise fined for this his contempt, and the glass windows of Kings college chapel in Cambridge,( as Catalogus Cancellariorum, &c. in Academia Cantuariensi, Collegium Regis testifieth) glazed with this his fine. Not long after this Trin. 36. H. 8. Rot. 9. William Whorewood, the Kings attorney, exhibited a Bill of Praemunire, against Arthur Bulkley, Bishop of Bangor, and John Lewes, alias Vaugham, Vicar of Llan-Geyn-wyn, and Llandgaffe, who were both attainted in the same Praemunire, and like Judgement given against them, as against Bishop Nix. The case, as it appears by the record itself, was this; King Henry the eight, being Patron of the Parish Church of Llan-Geynwyn, and Llandgaffe, in the County of Anglice, the 10. day of july, in the 34. year of his reign, presented one John Gwynoth clerk, being his chaplain, thereunto; who after his institution and induction sold unto Reeswyn, Peter Could and others of the said Parish, the 23. day of July in the foresaid year, divers parcels of Tithes after they were severed from the ninth part for 21. p. to be payed upon their several bands at a certain day: and albeit,( so run the words of the said Bill of Praemunire.) all pleas of Debt; Quare impedit, and of trespass for taking away of Tithes several, from the ninth part, Quare non admissit, Quare imcumbravit; and of Right of the Advowsons of Churches, and the Conuzans of all such pleas happening within the realm of England, belong to our sovereign Lord the King, his imperial crown and dignity, and not to the Roman, or any other Court Christian, or to any Prelate or ecclesiastical person, and ought to be examined, tried, and judged in the Court of our Lord the King, and not in any Court Christian by the laws and Statutes of this realm, albeit such Actions have been often and unjustly impetrayted and prosecuted in the Courts Christians, within this realm of England, by the Popes Law, and some other Constitutions, Ordinances and Canons, provincial, or synodal, formerly made and provided in the times op the Bishop of Rome, and by the ecclesiastical Court, within this realm of England; not onely prejudicial to the imperial and royal Prerogative of our Lord the King, and repugnant to the foresaid laws and Statutes; but likewise very burdensome and derogatory to the King and his Subjects, and contrary to the Statutes of our foresaid Lord the King, and of his kingdom of England anciently claimed, used and usurped, in derogation and prejudice of the Lord our King and other his royal Progenitors. Yet notwithstanding the said Arthur, Bishop of Bangor, not ignorant of the premises, and endeavouring not onely to deprive our present Lord the King, his crown and dignity, of his foresaid imperial Jurisdiction, and to subvert and utterly overturn the foresaid laudable laws and statutes; but likewise to extol, maintain, support, and promote the said ancient usurped Jurisdictions, and famed power of the Bishop of Rome, and of his See, and of the ecclesiastical Court: and craftily to deprive, deceive, and injure the said John Gwynoth of the Rectory of the said Church, of his said sum of 21. p. and other the premises, and alleging that the Patronadge and profits of the said Church did belong to him, and not to the King, nor to the said John Gwynoth, the 30. day of July, in the foresaid year, did draw the foresaid right and Patronadge, Debt, and suite of Tithes, before him into his Court Christian, being within his diocese, and did likewise grant out a process of Excommunication, written and sealed with his ordinary seal, and directed and caused the same to be delivered unto the foresaid John Lewes, alias Vaughan clerk, Vicar of the said Parish, commanding him by the said process openly and publicly in the presence of the parishioners of the said Parish, and of others, to excommunicate the said Reesewyn, Peter Could, and others, and to exclude them from all Tithes and Services, and to renounce them from the said parish Church; contrary to the due allegiance of the said Bishop; and contrary to the imperial crown and Dignity of the said Lord the King, and contrary to the form of the foresaid laws and statutes. By pretext of which process the foresaid John Lewes no ways fearing the said statutes and laws, but aiding and asseting the said Arthur, Bishop of Bangor, in his foresaid offences, and in the execution of his said unjust and execrable process on the 6. day of August, being the Lords day, the said 34. year in the Parish Church of Llan-Gwin and Llandgaffe aforesaid, the said John Lewes, did then and there, about 10. clock in the forenoon of the said day, apparlelled and adorned to celebrate mass, standing at the High-Altar, within the said Church, and turning himself to some of the parishioners there present, openly and publicly with a loud voice, then and there declare and pronounce, the said Reesewyn, Peter Could and others, to be excommunicate,& to be excluded from all Divine Services; and did then and there command them to go out of the said parish Church, or else he would not celebrate mass; By reason of which premises the said Reesewyn, Peter Could, and others being excluded and excommunicated from all Divine Service, departed out of the said Church, and so continued, expulsed, and excommunicated, until they by the Mandate of the said Bishop, within the diocese aforesaid, upon the 15. day of August in the foresaid 34. year, appeared before the said Bishop, and by coaction of the said Bishop, and before he would absolve them, were constrained to seal and deliver divers written obligations to the use of the said Bishop, for the foresaid Tithes, formerly sold unto them in maner& form aforesaid, by the saith John Gwynoth, and the foresaid Arthur, Bishop of Bangor, and John Lewes have thus unjustly don, all the premises, formerly objected against them, with all their might in the foresaid maner and form, to the manifest enervation, adnihilation, and derogation of the imperial Jurisdiction of our Lord the King, and the subversion of the foresaid laws and statutes, and also to the extoling, maintaining and promoting of the said ancient usurped Jurisdiction, and feigned power of the Bishop of Rome, and of his See, and of the ecclesiastical Court, and to the great damage of the said Reesewyn, Peter Could and others, and in contempt and prejudice of the said Lord our King, and also in derogation of the imperial dignity, Jurisdiction and Prerogative of his royal crown; and contrary to the form of the foresaid statutes and laws. Thus the record itself relates the case: upon which both the Bishop and Vicar were attainted, and such Judgement given against them, as in other cases of Praemunire. By which two notable records, and the forequoted Lawbookes, it is apparent, that the Prelates encroachments upon the Kings Prerogative royal or Subjects Liberties, either by advauncing or reviving the Canon Law, and Popes Decrees;( as our Prela● and their Officers now every where do, which appears b● their practices, speeches, late introduced Popish Ceremonie● of bowing to Altars, and at the name of Iesus, turning Communion Tables into Altars, and placing them Altar-wise aga● the East end of the Quires, standing up at Gloria Patri, and t● gospel, praying towards the East, and such like superstition● prescribed onely by Popish Canons, with some late printe● Civill Ridly with others. and Canon Law books, and Calibute, Downing h● Discourse of the state ecclesiastical of this kingdom, Oxon. 1634 with M●ster Shelfords 5. Treatises, Cambridge, 1635. and the ● own late printed visitation Articles, everywhere abundantly evidence,) or by making, publishing, and promulging, b● their own power an Authority, onely without the approbatio● and consent of King and Parliament, new Canons, Articles● Ordinances, Constitutions, Rites or Ceremonies, contrary t● the laws and Statutes of the realm, different from thos● prescribed in the book of Common Prayer and Homi●ies( a● all our Prelates, Archdeacons and their Officials now daily doe● in their Visitations and Consistories,) or by holding plea o● things properly belonging to the Kings temporal Courts o● Iustice in their ecclesiastical Courts,( as they daily do, no● among us in cases of prescription for Tithes, maner of Tithing● enforcing of men, to prove wills, dividing lands of Inheritance, by witnesses in their Courts, and not in Chauncer● Actions of Battery, and of the peace between man and wise● by way and under the name of Alimony, sequestering of me● goods and livings, and depriving Ministers of their freeholds i● cases not warrantable by Law, fining of men for contempts ● and impleading them for Debts, Trespasses, Defamations, ar● other offences, punishable onely at the Common Law, a● by divers late devices, to engross into their hands the trials ● rights and Patronadges, glebe lands, Tithes, and the like; b● collateral strange pretences, and putting both Ministers an● Laymen from their callings, being their freeholds, and livelihood, as they have done many of late, contrary to the common and Statute Law;) or by hindering, stoping, or com●lling men by excommunications, or otherwise, to give over or release their suits at Common Law; by staying the course of Prohibitions and Canon Law, Iustice against their unjust proceedings,( as our Prelates and their Officers have lately done with a most insolent and high hand, both by frequent complaining against the Iudges for granting Prohibitions to their Courts, in cases not appertaining to them, where they have been usually granted in all former ages; in conventing and troubling them for the same, before the King and council, where themselves are a great party, and bear sway in threatening and worying them, that they dare not grant Prohibitions; in excommunicating; fining, persecuting and imprisoning both in their Consistories and especially in the High-Commissions,( the chief use whereof is now onely to advance, protect, and defend their own usurped ecclesiastical episcopal jurisdiction, power, extortions, exactions, innovations and to crush all such, who any where dare oppose, or prosecute them for the same in any of his Majesties temporal Courts, a thing well worthy his Majesties, his Counsels and Iudges most serious consideration;) all those who oppose their desperate Innovations, and dangerous late insolent encroachments, upon his Majesties Prerogative royal, his laws, his temporal Courts of Iustice, and his Subjects Liberties, and either sue for Prohibitions, or indict them, or bring their Actions of the case, or false imprisonment against them at the Common Law, to relief themselves against their injustice and encroachments, enforcing them b● threats, power and unjust vexations, excommunications, censures, imprisonments, stop of their legal proceedings, by threatening:( and imprisoning) their council, solicitors, At●●nes, Iudges, and other such violent and unjust means, to give over, or release their Actions against themselves, and their officers, as appears by the late cases of Master Huntly, Master Smart, Stephen Puckell, Master John Clober●, the Churchwarden of Ipswitch; and a Gentlewoman of Devonshire, near Totnes, 9. Caroli. Mistris Blaughten against Doctor Martyn. who brought an Action of the case in nature of a conspiracy against the Commissary of Totnes, even for railing a famed of incontinency of her, and then persecuting her in his Court for the same, onely because shee refused to mary him; which foul practise being fully proved by sundry testimon●es at the assizes of Exeter, 9. Caroli, upon a full hearing, and the Jury thereupon giving her great damages; the Judge by this Commissaries, and the Archbishop of Canterburies means, was sent for before the council Table, and there so rattled and shaken up by the Archbishop for suffering this just cause,( which much concerned the Church as was pretended,) to proceed, that he protested, he was almost choked with his lawn sleeves, and forced to stay the return of the Postea, so that the injured and oppressed Gentlewoman could have no judgement upon her verdict, and was constrained to relinquish her suite. Such is our Prelates Iustice and zeal to defend the very knavery of their Officers; or by keeping their Courts, Consistories, and making out their process, citations, excommunications, probates of wils, letters of administration, writs of Jure Patronatus, and so forth in their own names, and under their own seals, not his Majesties,( as our Prelates and their Officials always do:) or by excommunicating his Majesties Subjects, without just and legal cause, and in undue maner,( as our Bishops and their Officers daily do,) are for all and every of these encroachments, within the danger and compass of a Praemunire. Our present Prelates and their Officers therefore being deeply guilty of all and every of these usurpations, and encroachments, both upon the King and Subject, are in all and every of these respects within the verge of a Praemunire, which they more justly deserve then either these, or any other of their Predecessors ever did, all circumstances of persons and times duly considered; and therefore I trust shall not escape what they so well demerit. These writs of Praemunire, being the chiefest curbs to restrain the Prelates, Clergies and their Officers encroachments, ●mbitious disloyal Antichristian usurpations, practices and designs, the chief security, both of the Kings Prerogative royal, the Subjects Liberties, and the Common-Law, against Innovations and treacherous underminings, have been always so irksome and distasteful to their aspiring domineering practices, that they have oft times both by Petitions, persuasions, policies, bribes and threats, endeavoured to suppress them, that so they might play Rex in every place without control, and captivated both King and Subjects to their pleasures, yea engross the conusans of all pleas and Actions by Degrees into their own hands and Courts, as they did for the most part all temporal offices, the better to play this prise. In the year of our Lord 1439. after the burning of Richard leek, Martyr, Henry Chichesly, Archbishop of Canterbury, called a Convocation, wherein was propounded among the Clergy, to consult with themselves, what way was best to be taken for the removing away of the Law of Praemunire facias, by reason whereof the Churchmen at that time were greatly molested, and also by other the Kings Writs and indictements, to their no small annoyance. After long consultation and good advisement, at last this way was taken, that a petition or supplication should be drawn and presented to the abolishing of the foresaid Law or Praemunire facias, and also for the restraining of other writs and indictements, which then seemed to lye heavy upon the Clergy, and to the end, that the said Petition might take good effect, the whole Convocation granted the King a tenth before the Delivery thereof, and likewise promised, that they would most apply, furnish and assist him to their power with supplies, if he would abrogate those hard laws of Praemunire, wherewith the Clergy were oft times caught and entangled as in unjust snares, and sometimes upon unjust occasions, as they pretended. This Bill being thus contrived, and exhibited by the Archbishops of Canterbury and york, to the King, then standing in need of a subsidy to be collected by the Clergy, this answer was given to the supplication in King Henry the 6. behalf, being then but 19. yeares of age; that when the King came to full age, he would take care, that the Clergy should not be urged with such hard laws and Actions; but in the interim he could not conveniently change the laws that were formerly made: and for so much as the time of Christmas then drew near, whereby he had as yet no sufficient leisure to advice upon the matter, he would take therein a further pause, in the mean time, as one tendering their quiet, he would sand to all his Officers and Min●sters within his realm, that no such brief of Praemunire, should pass against them, ●r any of them from the said time of Christmas, till the next Parliament. This Antiquitates Ecclesiae Britannicae p. 323. and Master Fox Acts and Monuments, p. 645. record, whose words I have conjoined: After this, the next Parliament Antiquit. Eccles. Brit. p. 326. 327. 328. following, the whole Clergy of England, assembled in Convocation, petitioned the King, against the Judges and Lawyers, for confining them and their Courts onely to causes of Tithes, Matrimony and Testaments, both by prohibitions and writs of Praemunire, if they went but one inch beyond their bounds and Jurisdiction; which penalty of a Praemunire did exceedingly terrify and perplex the Prelates, in which if they were convicted, they forfeited all their goods and were to be perpetually imprisoned; informing the King how they strained the words of 16. R. 2. c. 5.( That if any purchase or pursue, or do to be purchased and pursued in the Court of Rome, or ELSEWHERE, any such translations, processes, sentences of excommunications, bulls, instruments, or any other thing, which touch the King, against him, his Regality, his realm &c.) even to their Ecclesiast●call Courts; desiring, that the King and Parliament, would be pleased to interpret the word ELSEWHERE, not of their Courts, unless where they proceeded against the Kings express prohibitions; and that they might not have their Ecclesi●sticall Jurisdiction so restrained with Prohibitions and Praemunires, and that the temporal Judges might incur a Praemunire ●o● for encroaching upon their ecclesiastical Jurisdiction and causes, as well as they for encroaching upon th●● temporal Jurisdiction and causes; But this Petition likewise had ●ll success, and the Judge, proceeded and interpnted the word ELSEWHERE, of their Consistories ecclesiastical, as before Antiquit. Eccles. Brit. p. 336. An. 1463. The Clergy in Convocation petitioned King Edward the fourth to like purpose, who granted them to hold plea of Tithes, of wo●de● above 20. yeares growth, without incurring a Praemunire; but for holding plea of temporal causes, or of things of which they had no lawful conusant, a Praemunire still lay against them as before, as sundry presidents and authorities forequoted, with others testify, 16 R. 2. c. 5. lib. Intrationum. f. 24. Admiralty 3. f. 465. Admiral. 1. as it doth for suing in the Admiralty for any cause triable at the Common Law in any of the Kings Courts of Westminster. By the very Common Law itself, if a Bishop hold plea in his spiritual Court of Lands, Debt, Rapes, or any thing belonging to the temporal Courts of the King, or not within the compass of his spiritual Jurisdiction, an Attachment upon a Prohibition lieth against him for it; in which the party grieved shall recover his damages against him, and he himself shall have his temporalties seized into the Kings hands, if not his body imprisoned; and though no Prohibition were de facto delivered to him, yet an Attachment well lieth, because the Statutes and Common Law themselves are a Prohibition in this case, all which hath been frequently resolved by 21. E. 3. a. 10. 11. a. 38. 40. 28. E. 3. 97. a. 30. E. 3. 11. 39. E. 3. 7. M. 11. E. 3. Fitz. Attachment, sur Prohibition 8. 13. Hill. 33. E. 3. Fitz. Ibid. 14. Pasc. 20. E. 3. Excommengement. 9. 8. E. 3. 49. 40. E. 3. 17. 50. E. 3. 10. 9. H. 6. 56. 51. 19. H. 6. 54. 1. H. 7. 18. 2. H. 7. 8. Fitz. and brook Tit. Attachment, Sur Prohibition. Bitz: Nat. Brev. f. 40. 41. 42 43. with sundry other Law books. Why this Attachment likewise should not lye, as well as a Praemunire, against our Bishops, Archdeacons and their Officers, for their exorbitant proceedings, both in their Consistories, Visitations, and High-Commissions, and intermeddling in such causes, whereof they have no lawful conusans or jurisdiction, I yet see no ground or reason: I find in 21. E. 1. in the pleas of the Parliament plac. 17. and in Dorso Glaus. 21. E. 1. in. 3. that John Archbishop of york Excommunicated, and thereupon imprisoned William of Willicon, and John roman servants to the Bishop of Duresme, ( during the Bishops absence) in the Castle of Duresme, for a temporal thing, not belonging to ecclesiastical conusans, to wit, the Custody of certain Lands, to which the Archbishop pretended right; the Archbishop refusing to absolve and deliver them, they thereupon complain against, and sue him in Parliament; where the cause was pleaded and debated at large: at last upon great deliberation it was resolved by the whole Parliament, that the Archbishops Excommunication of them for any temporal matter was a contempt of the King, to the disherison of his crown and Dignity: and thereupon the Archbishop by the whole Parliament, though great mediation and friends were used in his behalf, was adjudged to be imprisoned, and to submit himself to the King, and fined 4000. marks,( a great sum in those times:) whereupon using many and great friends to the King, to pacify him for this offence, he voluntarily came in, and made his submission for the same, and acknowledged a recognisance to his Majesty of 4000. marks, towards the satisfaction of the fine, as the Records at large express. Why our present Bishops and their Officers should not thus be roundly fined and censured, for excommunicating, fining, imprisoning, inflicting temporal Censures, and punishments on his Majesties Subjects, both in their ecclesiastical High-Commissions, and Consistories; holding plea of cases, not pertaining to their spiritual, but to the Kings temporal Courts, blocking up the free passage of Prohibitions,& their other daily affronts to Common Law and Iustice, is a question past all their skill to resolve, and worthy to be demanded, if not reduced to execution. Among the presentments in Eyre, An. 3. E. 1. I find some ecclesiastical persons presented for suing, and others for holding plea in the spiritual Court, of such things as belonged to the Kings temporal Courts, in derogation of his crown and dignity; for which they were fined to his Majesty, and imprisoned by his Justices: And shall such things escape scot free now? In the year 1532. Master Fox Acts& Monuments p. 951. William Tracy, Esquire of Todington in Glocestershire, made in his will, that he would have no funeral pomp at his burying, neither passed he upon the mass, and further said, that he trusted in God onely; and hoped by him to be saved, and not by any Saint: he dying, his son being his Executor, brought the will to the Bishop of Canterbury to prove, which he shewed to the Convocation; who judged, that he should be taken out of the ground, and burnt for an heretic; Whereupon they sand down a Commission to Doctor Parker, Chaunceller of the diocese of Worcester, to execute this their wicked sentence: who accomplished the same. The King( Henry the 8.) hearing his Subject to be taken out of the ground and burnt, without his knowledge or due order of Law, sand for the chancellor, laid this as an High-offence to his charge, who excused himself by the Archbishop of Canterbury then lately dead; but in conclusion it cost him 300. p. to gain his pardon; who else had suffered in a Praemunire for it. If this King took those illegal proceedings against the senseless carcase of his dead Subject,( though attainted in Convocation, as an heretic,) so heinously: what Censure will our present Gracious sovereign deem those worthy, who suspend, excommunicate, fine, imprison the living persons of his faithful Ministers and Subjects,( contrary to all Law and Iustice,) never tainted with any crime or heresy, onely for maintaining his Majesties ecclesiastical jurisdiction, for oppugning their encroachments upon it, and the Subjects Liberties, for refusing to submit to their superstitious Popish innovations, and for performing the duty both of good Christians, good Subjects to God and their Prince? To come nearer to our present times. In the Parliaments of 3.& 7. Jacobi, the Prelates were questioned in the Commons house, as having incurred a Praemunire, for exercising ecclesiastical Jurisdiction, without special Letters Patents, and Commissions from the King under the great seal, proving of Wills, granting Letters of administration, and making out their process, Citations and Excommunications in their own names, and under their own seals, contrary to the statutes of 1. E. 6. c. 2.( revived by 1. Jac. c. 25.) 1. Eliz. c. 1. 5. Eliz. c. 1. 8. Eliz. c. 1. 26. H. 8. c. 1. 37. H. 8. c. 17. and other forecited Acts: and though no Judgement were then passed against them by reason of the sudden dissolution of the last of these Parliaments,( and two or three others succeeding it,) and of the great controversy concerning Impositions upon merchandise, imported or exported, which outed most other complaints; yet the house upon the opening of the business, by Sir Henry Yelverdon, who set it on foot, conceived that they were all in a Praemunire, and that the statute of 1. E 6. c. 2. was revived and still ●n force, being nothing but a Declaration of the Kings ecclesiastical prerogative at the Common Law, and King James having as ample ecclesiastical Jurisdiction in and over all such causes and persons as E. 6. or any of his royal Progenitors; and in Cottons case in the star-chamber, where he was prosecuted upon the same point, for exercising ecclesiastical Jurisdiction, without Letters Patents or Commission from the King, and making out process and Probates of Wills in his own name, under his own seal, the Court inclined to the same opinion, agreeing, that the statute of 1 E. 6. was still in force, whereupon he humbling himself to King James, and craving pardon for his said offence; the King out of his grace, by the mediation of some great persons, was pleased to remit his fining, and censure, whereas otherwise he had smarted and payed dear for this his insolent disloyal undutiful usurpation, upon his sovereigns Royalties. In to which Court if all our Prelates and their officers were now brought for all their forementioned usurpations, extortions, oppressions, misdemeanours, and there fined, according to the greatness and multitude of their manifold offences; after that rate as some of them have lately fined others, beyond all pitty and moderation,( they there commonly out of their Fatherly Clemency and bowels of compassion, transcending all other temporal Lords in the severity of their censures, whether pecuniary or corporal;) I doubt not but his Majesty might thereby gain in very short space, at least two hundred thousand pounds or more in fines, to the great contentment of his Subjects, whom they have oppressed; and quiter strip them of all their bishoprics, Archdeaconries, Chauncellourships, and other offices, as forefaited by their several abuses, extortions, and oppressions committed in them,( for which cause though in pretence alone, themselves have deprived many Ministers, Lecturers, tradesman, both of their livings, Lectures callings) if not, for want of Letters Patents; and leave them neither ears, nor nose unmangled, nor any thing to support them in those Prisons; to which they deserve to be adjudged; should he and the Iudges of that Court, meat them onely that measure as some of them, even against the 1. Tim. 3. 3. Tit. 1.7. Matth. 26.51.52.53. 10. E. 4. 6. b Gratian. Causa. 23: 8. Petrus. Blesensis Tractat. de Instit. Episcopi. Scripture and their own Canons( which prohibit them to be strikers, or to have their hands or votes in dismembering, or shedding any mans blood,) have not long since measured out to Doctor Layton. Master Prinne. others, who have opposed them in their exorbitant courses, and proceedings; whether more out of particular malice, envy, spleen, revenge, then out of a true zeal of Iustice and the merits of the cause, I leave to their own Consciences and God himself,( who Act. 1.24 Ps. 44.21. onely knows the very depths and secrets of all mens deceitful hearts,) to determine. All that I can do more, is but to submit both their persons and these their offences against King and Subject, here epitomized, to his Majesties royal and impartial Iustice; if he please to pass by and pardon these grand delinquents,( who have been always inexorable, and merciless towards others, even for the smallest slips and Errors,) at an easy rate, upon their humble submission, acknowledgement, and promise of future reformation. I hope it will teach them to be more thankful and dutiful to his Majesty, more moderate just and merciful towards others, and more careful of relapsing into the same offences in time to come; If he in his royal wisdom shall think it more just and honourable to proceed against them in all, or any of the forementioned ways of Iustice, in a severe and rigorous course, according to the greatness and multitude of these, and other their notorious insolent crimes, both for the satisfaction of his much grieved and oppressed Subjects,( to whom they have never extended the least dram of mercy,) to furnish his Treasury, with a present legal supply, and to deter both them, and their Successors from the like encroachments, insolences exactions, and oppressions for future times; they must all lay their hands upon their mouths, and aclowledge both Gods, and his Majesties Iustice on them, yea though they should incur even corporal punishments as well as fines, deprivations, imprisonments; and confess in the words of Adonibesek, Iudges. 1. 7. As I have done, so God hath requited me; and of our Saviour, Math. 7.2. With what Judgement wee judged, wee have been judged, and with what measure wee meeted, it hath been measured to us again. To draw towards a conclusion in a few words of exhortation. 1. I shall here First of all desire every of his Majesties faithful and true hearted Subjects, according to their oaths, duty, and allegiance, to take notice of all the Prelates, and their underlings several encroachments upon his Majesties Prerogative royal, and then to withstand to oppugn them by all just and lawful means, to the uttermost of their skill and power, without conniving at or submitting to them in the least degree; not giving over their endeavours against them, till they are quiter reformed; and then in the next place to take notice of their usurpations, oppressions, and exactions on themselves, their just and ancient Liberties, and to shake them off with all speed and care, not suffering the Prelates,( raised for the most part from the dunghill and the depth of poverty, which makes them so harsh, proud, and ungentile, both in their carriage and proceedings) to Lord it and triumph over them,( yea even Nobles, peers, and Iudges themselves,) in a pontifical proud, domineering tyrannicall maner; contrary both to their ancient Liberties, the laws and customs of the realm, nor to impose what Ceremonies, Canons, Articles, Rites; Constitutions, Errors, false Doctrines, Superstitions, and Innovations each of them shall severally please, without the King and Parliaments Consent; or to erect a new Papacy or Spanish Inquisition in the realm, as some of them have endeavoured; Gal. 5.1. but to stand fast in the Liberty, wherewith Christ himself, the laws Liberties and customs of the realm have made them free, and not to entangle themselves again in these their unjust heavy yokes of Bondage; which they ought to prevent and cast off by all honest legal and Christian means: And in the next place, I shall beseech all Prelates now at last, even seriously to consider and lay to heart, all their several usurpations, encroachments, oppressions, and exactions, both upon their dread sovereigns crown and Dignity, by whose grace alone they were first raised to their episcopal dignities, which may stand or fall to ground in a moment at his good pleasure,) and upon your Brethrens and other Subject just undoubted Liberties, and then to recount with themselves, what a heavy reckoning they must one day make for them, before Gods and Christs tribunal in the sight of all the world, at the great day of judgement, and to what great dangers, hazards, censures, troubles, losses and perils they may now upon all occasions expose their persons, states, and fortunes, even in his Majesties Courts of Iustice, which they have no assurance to escape; and how execrably odious they now render them everywhere, both to God and man. And when they have thus taken a serious servay of them, with those several dangers which attend them, let them forth with abate their pride, and tyranny, fall down upon the knees of their souls and bodies, both to God, his Majesty, and the people, whom they have thus grossly injured and oppresse●, craving both their joint and several pardons with bleeding hearts and spirits for these their crying trespasses, giving good and competent satisfaction to the uttermost of their power, to all those they have injured and oppressed; And when they have done thus, let John. 5.14. go away and sin no more, least some worse thing happen to them. Let them lay aside their pomp, their Pride, State, lordliness, idleness, Luxury, Tyranny, Bribery, simony, good fellowship, persecutions of goodness, grace, truth, and all good men; their secular offices, employments, and pluralities; their malice, envy, hatred, emulation, contention, ambition, voluptuosnesse, backbitinge, false accusing, fines, imprisonments, pursuivants, jailers, unwarrantable Excommunications, fees, exactions, impieties, ungodliness, profanes, swearing, cursing, profaning of Gods most sacred day, both by life, and doctrine, their non-preaching, rare-preaching, rare-praying, their frequent carding, dicing, bowling, dancing, hunting, hawking, that I say not whoring, with all other their episcopal vices, betaking themselves wholly in a pious, studious, holy, temperate, sober, humble, chast, unspotted, exemplary, heavenly, fruithfull, gracious preaching, charitable, pitiful, just, and upright life; Phil. 2.15 Matth. 5.14.15.16. shining forth like so many glorious burning lights of the world, in the midst of a crooked and perverse generation. Let them remember that they are( at leastwise ought to be) not Lords, but servants; not Bitesheeps, but Bishops; not Pilates, but Prelates; not impostors, but Pastors; not loiterers, but labourers; not Kings, but Subjects; not sleepers, but Watchmen; not blind Bedels, but Seers; not fleecers, but feeders; not butchers, but shepherds; not Preyers, but Preachers; not destroyers, but instructors; not Tyrants, but Fathers; not dumbe-dogges, but criers; not thieves, but keepers; not Wolves, but Guardians; not seducers, but leaders; guides and examples to the Flock and sheep of Christ, always carrying themselves like such in all places, companies and conditions whatsoever, 1. John. 2.6. walking even as Christ, the Hebr. 13.20. 1. Pet. 5 4. Great shepherd of the sheep hath done before them, 1. Pet. 2.21. leaving them an example, that they should follow his steps. If any of them are so presumptuous as to think they may still Lord it, and tyramnize over Gods people, inheritance, and their fellow-Brethren, ruling them with boisterous force, violence, or with a rod of Iron, as they have hitherto done; let all such Lucisers and domineering spirits,( who strive to engross into their hands the very sway of kingdoms and of the world itself, as many of them now conspire and endeavour,) remember these three Lessons, which our Saviour, and saint Peter have left behind them; w●ich they had need well learn themselves, before they can ever duly rule, instruct or tutor others. 1. The first of them is this of Matthew 20.20. to 29. mark the 10.35. to 46. Luke 22.24. to 28. where our Saviour, when James and John the sons of Zebedee came unto him with this request, saying: Master grant unto us that wee may sit one at thy right hand, and the other on thy left hand in thy kingdom,( whereupon there arose a st●ife between the other Disciples and them, which of them should be accounted the greatest;) called them all unto h m and said; ye know that the Princes of the Gentiles exercise Dominion or Eldership over them, and they that are great, exercise authority upon them; but it shall not be so with you, but whosoever will be great among you, let him be( saith Matth.) shall be( saith mark,) your servant, or minister; and whosoever will be chief, chiefest( saith mark,) let him be your servant,( saith Matth.) shall be servant of all;( writes mark.) Even as( so Matthew,) for even( so mark,) the son of man came not to be ministered unto, but to minister, and to give his life a ransom for many. Which S. Luke thus renders: The Kings of the Gentiles exercise Lordship over them, and they that exercise authority upon them are called benefactors. But ye shall not be so, but he that is greatest among you, let him be as the younger, and he that is chief, as he that doth serve: For whether is greater, he that sitteth at meat, or he that serveth? is not he that sitteth at meat? But I am among you as he that serveth. 2. The second is the 1. Pet. 5.1.2.3.5. The Elders, which are among you, I exhort, who am also an Elder, and a witness of the sufferings of Christ, and also a partaker of the glory, that shall be revealed: Feed the flock of God which is among you, taking the oversight thereof, not by constraint, but willingly, not for filthy lucre, but of a ready mind; Neither as being Lords over Gods heritage; but being ensamples to the flock. And when the chief shepherd shall appear, ye shall receive a crown of glory, that fadeth not away. Likewise ye younger, submit yourselves unto the Elder; yea all of you be subject one to another, and be clothed with humility, for God resisteth the proud, but giveth grace to the humble. On which text saint Paul thus comments: 2. Cor. 1.24. Not that wee have dominion over your faith, but are helpers of your joy: for by faith ye stand; And Phil. 2.3. Let nothing be done through strife or vain glory, but in lowliness of mind, let each esteem other better then themselves. 3. The third is Matth. 11.19. Take my yoke upon you, and learn of me, for I am meek and lowly in heart: and ye shall find rest unto your souls. Which saint Paul thus illustrates: Col. 3.12.13. Put on therefore( as the elect of God, holy and beloved) bowels of mercies, kindness, humbleness of mind, meekness, long suffering, forbearing one another, and forgiving one another, if any man have a quarrel against any: even as Christ forgave you, so also do ye. From these 3. Scriptures See the Epistle Dedicatory,& the Fathers, and Commentators on these Texts. Divines both old and new have deduced these three Conclusions. 1. First, That all Bishops and Ministers by Christs institution are of equal authority and jurisdiction, and that one of them ought not to Lord it, or domineer over the other, as all Bishops now every where do, both over their fellow-brethren and the people: and that Bishops and Ministers by Gods Law are of equal degree, dignity, power, and jurisdiction. 2. Secondly, That Bishops and Ministers ought to be patterns of humility, meekness, charity, compassion, brotherly kindness, and forgiveness unto all others: and yet who so swollen with Antichristian pride, ambition, envy, hatred, malice, slander; so revengeful, implacable merciless as they, as the common proverb,( as proud, as malicious as a Prelate,) witnesseth. 3. Thirdly, This is excellently and largely proved by Marsilius Patavinus, Defensoris pacis pars 2. c. 4. 5. 6. &c. Mr. Tyndall his Practise of Popish Prelates in the beginning. The Supplic. to K. Henry the 8. and others. That no Bishops or Clergymen ought to turn Magistrates or temporal Lords and Officers, nor yet to exercise any civill power, Dominion or jurisdiction over their Brethren, and fellow Ministers, or any of Gods people, nor yet to inflict any fines, imprisonments, or temporal censures on them, either by their own inherent power, or any derivative Authority or Commission from the Prince or civill Magistrate. Hence Origen, in his 31. Hom. upon Matthew, writes thus: Verily that Bishop sinneth whomsoever he be, who doth not minister like a servant to his fellow-servants, but like a Lord, yea, very often domineering by violence even like a bitter Lord, being made like the Egyptians, who afflicted the life of the children of Israel with force: therefore they ought to be mindful of the words of Christ: The Princes of the Gentiles domineer over them, &c. But among you it shall not be so. Hence Prosper Aquitanicus, complains thus of the Prelates in his time, De Vita Contemplativa, lib. 1. c. 21. Wee are made potent onely for this end, that wee may purchase, and usurp to ourselves a tyrannicall Domination over those who are under our charge, not that we might defend the afflicted against the violence of great men, who rage against them like wild beasts. Wee delight onely in things present, seek onely whilst wee are in this life, our own profits and honours, hastening not that wee may be better but richer, not that we may be holier, but that wee may be more honourable and greater then others: neither do wee mind the floock of the Lord, which is committed to us, to be fed and defended, but wee carnally think of our own pleasures, Dominion, and other worldly allurements. We will needs be called pastors, and yet wee strive not to become such, wee shun the labour of our office, and yet desire the dignity thereof. Hence also Ad Clerum Sermo in Concilio Rhemensi. saint Bernard complains of the Prelates in his age, in this sort: They are not Pastors, but betrayers; they are called shepherds, when as in truth they are but thieves. Alas wee have but few Pastors, and yet many Excommunicators,( as wee also have now too many even upon no occasion.) And would to God the wool and the milk would suffice you, for ye even thirst after the very blood of the sheep. And in De Consid. ad Eugenium lib. 2. c. 6. another place he thus writes to Pope Eugenius( as Fox Acts& Monuments p. 412. Master Fox records in his book of Martyrs,) who claimed a kind of Dominion and Lordship over his fellow-Brethren: Thou hast nothing in thy greatness that may flatter thee, but a greater solicitude: True it is, thou art advanced, but thou oughtest by all means to consider, to what purpose; not to domineer, as I conceive; for even the Prophet, when he was in like maner advanced heard, jer. 1. that thou mayest pluck up and destroy; and that thou mayest build and plant. Which of these sounds of pride: rather a spiritual labour is expressed under the scheme of rustic sweat: And wee therefore although wee may think highly of ourselves, shall perceive a ministration imposed on us, and not a Dominion given to us, I am not greater then the Prophet, and if perchance I am equal to him in power, yet there is no comparison between us in respect of merits. These things speak thou to thyself, and teach thou thyself, who teachest others; reckon thyself but as some one of the Prophets. Is not this sufficient to thee? yea too much: But by the grace of God, thou art what thou art. What? Be thou, that which a Prophet is: art thou any thing more then a Prophet? If thou art wise thou wilt be content with the measure that God hath meated to thee, for that which is more, is from the evil one: learn from the Prophets example how to bear rule, not so much to command, as diligently to perform what Christ requires; learn that thou needest a weeding hook, not a sceptre, that thou mayest do the work of a Prophet: And verily he ascended not as one about to reign, but to extirpate: Thinkest thou that thou mayest not find some work to be done in the field of thy Lord? yea very much: the Prophets could not plainly cleanse it all, they have left some things to their sons the Apostles to do; yea thy very parents have left some thing to thee, neither mayest thou thyself suffice to do every thing; verily thou shalt leave some thing to thy Successor, and he to others, and they to others unto the end. Finally, about the 11. Luke 10. hour the workmen are reproved of idleness, and sent into the vineyard; the Apostles thy predecessors have heard, that the harvest verily is great, but the labourers are few, challenge to thyself thy Fathers inheritance. Gal. 4. For if thou art a son, then an heir: that thou mayest prove an heir, give attendance to thy cure, and thou mayest not wax idle, unless it be also said to thee, Why Math. 20. standest thou idle all the day? much less oughtst thou to be found either dissolute with delights or effeminate with pomps. Thy testators writing assigneth nothing of these to thee: But what? If thou art content with their tenor, thou shalt rather inherit care and labour, then glory and riches, doth thy chair flatter thee? It is no Watch Tower: Finally, thou overseest from thence, sounding to thyself, in the name of a Bishop, not a Dominion, but an office: Why shouldst thou not be placed in an eminent place, whence thou mayest overlook all things, who art constitute a watchman over all things? for truly this prospect begets readiness, not idleness. How canst thou take pleasure to glory, where it is not lawful for thee to be idle? neither is there any room for idleness, where a sedulous solicitude of all Churches oppresseth. For what else hath the holy Apostle demised to thee? That which I have, said he, that give I unto thee: What is that? One thing I know, it is not gold nor silver, seeing himself saith, Acts. 4. Silver nor gold have I none, if thou chance to have any, use it not according to the lust, but as the time requires; be thou such a one using them, as if thou usest them not. These things verily so far as appertains to the good of the mind, are neither good nor ill, yet their use is good, their abuse evil, their desire or care worse, their lucre more dishonest; But be it so, that thou mayest challenge it unto thee, by any other means whatsoever, yet truly by any apostolical right thou canst not so do, for how could he give unto thee that which he hath not himself? That which he had, that hath he given, the care over the Churches, as I have said. But hath he given thee any Lordship? hark: what he saith, not bearing rule, saith he, as Lords in the clergy, but behaving yourselves as example to the flock: And because thou shalt not think it to be spoken onely in humility, and not also in verity, mark the voice of the Lord himself in the gospel: Luke. 22. But you shall not do so: Here Lordship and Dominion is plainly forbidden to the Apostles, and darest thou then usurp the same? If thou wilt be a Lord, thou shalt loose thine Apostle-ship, or if thou wilt be an Apostle, thou shalt loose thine Lordship. go thou then and presume to usurp to thyself, either an Apostle-ship being a Lord, or a Lordship being an Apostle. Verily thou art prohibited and must depart from one of them; if thou wouldest have both, thou shalt loose both, or else thinkest thyself to be in the number of those, of whom God doth so greatly complain, saying: Hos. 8. They have reigned, but not through me, they are become Princes, and I have not known it. Now if it doth suffice thee, to rule without the Lord, thou hast thy glory, but not with God; But if wee will keep that which is forbidden us, let us hear what is said: he that is the greatest among you,( saith Christ,) shall be made as the least among you, and he which is Highest, shall be as the Minister, and for example set a child in the midst of them: So this then is the true form and institution of the Apostles trade, Lordship and rule is forbidden, Ministration and service commanded; which is likewise commended by the example of the Law-giver himself, who subjoins: But I am in the midst of you, as one that ministereth. How now may any think himself inglorious with the Title, wherewith the Lord of glory hath before him dignified himself? Deservedly Paul glories in it, saying: 2. Cor. 11. Are they the servants of Christ? So am I; and he adds, I speak as a fool, I am more; in labours more often, in imprisonments more abundant, in stripes above measure, in deaths more frequent. O excellent ministry! Is not this more glorious then any principality; &c. After which he thus proceeds, against the pride, pomp, Lordship, and secular power of the Prelates: De Consideratione, l. 4. If I durst be bold to speak, these things are rather the food of Devils, then of Sheep: What? Did Peter do thus? Did Paul thus play the 'vice? Seest thou not, how all their ecclesiastical zeal is fervent, onely to defend their dignity? all is attributed to dignity, nothing or very little to holiness. If cause requiring, thou shalt attempt to do somewhat more submisly, or to show thyself more sociable, they say God forbid; it becomes thee not; it agrees not to the time, it is not suitable to thy Majesty, consider the person which thou bearest. Of the pleasure of God there is no mention at all, no delay for the loss of salvation. Wee may call nothing wholesome, but that which is sublime, and that onely just, which savours of glory: Thus all humility is esteemed a reproach among the Prelates. So that thou mayest more easily find, one who desires to be, then to appear humble: The fear of the Lord they repute simplicity, that I say not folly. A circumspectly man and a friend of his own Conscience, they calumniate for an hypocrite. Here, here I spare thee not, that God may spare thee: show thyself to this people a Pastor verily, or deny thyself to be one. Thou wilt not deny it, least he, whose seat thou possessest deny thee to be his heir; he is Peter, who was never known to have gone abroad at any time, either adorned with Jewels, or silks, or covered with gold, or carried on a white Palfery, or guarded with souldiers, or environed with servants, making a noise round about him, yet notwithstanding he believed that this sacred mandate, John. 21. If thou lovest me, feed my sheep, might be sufficiently discharged without these things. In these thou hast succeeded not Peter, but Constantine. I counsel, that they are to be tolerated in respect of the time, not to be affencted as of due. I rather incite thee to these things, of which I know thee to be a debtor. And although thou goest clad in purple, although in gold, yet thou mayest not abhor either pastoral labour or care, being the heir of a shepherd; thou mayest not be ashamed to preach the gospel; for verily if thou do it willingly, thou shalt have glory among the Apostles. To preach the gospel is to feed. do the work of an evangelist, and thou hast fulfiled the work of a Pastor. Thou sayest, you admonish me to feed Dragons, and Scorpions, not sheep. For this cause rather set upon them, but yet with the word, not with the sword; Why dost thou attempt again to usurp the sword which thou hast been once commanded to put up into the scabheard? which notwithstanding he who shall deny to be thine, seems to me not sufficiently to have considered the word of the Lord, saying thus: Put up thy sword into its sheathe: therefore it also is thine, perchance at thy command, although not to be unsheathed with thy hand. Both swords therefore are the Churches, as well the spiritual as material; but that verily is to be exercised for the Church, but the other by the Church; that by the hand of the priest; this, of the soldier, but yet at the beck of the priest, and the command of the Emperour. And in his 23. Sermon upon the Canticles he concludes: Let the Prelates hear this, who will be always a terror to those committed to their charge, seldom a benefit. Be instructed, ye who judge the earth: learn, that ye ought to be the mothers of your Subjects, not their Lords; Study rather to be beloved then feared: and if at any time there be use of severity, let it be fatherly, not tyrannicall: show yourselves mothers by fostering, fathers by reprehending, wax meek, lay aside your feircenes, suspend your stripes, produce your dugs: Let your breast wax fat with milk, not swell with pride: why do you make your yoke heavy upon such, whose burdens ye ought rather to sustain? Why doth a little one bitten by the Serpent, fly from the Conscience of the priest, to whom he ought rather to have recourse, as to the bosom of his mother. If ye be spiritual, instruct such a one with the spirit of meekness, considering every one himself least he also be tempted. Thus this devout Father: yet notwithstanding our Saviours own inhibition, and these Fathers complaints and declamations, our Lordly Prelates, both of present and Socrates Schol. Hist. Eccles. lib. 2. c. 27. 28. 42. l. 4. c. 36. l. 7. c. 7. 11. matthew Westminster Flores Hist. An. 1247. p. 217. 28. Haddon and Fox contra Hieronym. Osorium. l. 3. f. 234. to 254. Doctor barns his Supplication to King Henry the 8. Thomas Beacon his Supplication, and his Reports of certain men. ancient times, have intruded themselves into all temporal offices, and usurped both the temporal and spiritual sword into their hands, exercising not onely all maner of ecclesiastical, but likewise of civill Lordship, and dominion over the Ministers and Flock of Christ; and that with such tyranny, cruelty, pride, oppression, injustice, and more then barbarous inhumanity,( transcending all patterns of pagan Princes, and Tyrants,) that their very Acts and Monuments of this kind, have surfeited all ecclesiastical Stories, and swollen into many folio volumes. witness, the French and English books of Martyrs, the Magdeburge Centuries, Catalogus testium veritatis, Theodoricus a Niem, and others De Scismate, abbess Uspergensis, saint Bridgets revelations, matthew Paris, Alvarius Pelagius de planctu Ecclesiae, Avintine, Guiciardine, Nicolaus de Clemangiis, Onus Ecclesiae, Morney his Historia Paparus, Marsilius Patavinus Defensoris Pacis, Master Tyndals practise of Popish Prelates, Roderick Mors his supplication to the Parliament, William Wraughton, alias Turner his Hunting of the Romish Fox and wolf, John Bale his Acts of English Votaries, his Centuries, and lifes of the Pope, Henry Stalbridge his Exhortatory Epistle; and generally all others, who have written against the usurpation, tyranny, jurisdiction, pride, and lordliness, both of the Popish and of our English Prelates; In so much that Pope Pastoral. pars 2. c. 6.& 8. Hom. 17. in Euangelia. f. 320. Gregory the first, hath long since given this true character of them; that under a pretence of Discipline, Ministerium regiminis vertunt in usum Dominationis;& cum regiminis jura suscipiunt ad Lacerandos subditos inardescunt. Terrorem potestatis exhibent,& quibus prodesse debuerant, nocent. Et quia charitatis viscera non habent, domini videri appetunt, patres se esse minimè recognoscunt: humilitatis locum in elationis dominationem immutant: Etsi quamdò extrinsecus blandiuntur intrinsecus autem sunt lupi rapaces. Pulvinos his exhibent, à quibus se noceri posse in study gloriae temporalis timent. Quos vero contrà se nile valere conspiciunt, hos nimirum asperitate rigidae semper invectionis premunt, nunquam clementer admonent, said pastoralis mansuetudinis obliti, jure dominationis terrent. Quos rectè per Prophetam divina vox increpat, dicens: Vos autem cum austeritate Imperabitis iis,& cum pot●ntia: Plus enim de suo authore diligentes, jactancèr erga subditos se erigunt, nec quid agere debeant, said quid valeant, attendunt. nile de subsequenti judicio, metuunt, qui improbe de temporali potestate gloriantur. Libet ut licentur& illicita faci●n,& subditorum nemò contradicat.( A true Character of our present Prelates;) It is Socrates Scholast Eccles. Hist. l. 4. c. 36. storied of one Moses, a monk, whom queen Mavia and the Saracens under her choose to be their Bishop upon their embracing of the Christian faith; that when Lucius Bishop of Alexandria would have given him orders, he refused to receive orders at his hands, reasoning with him in this sort: I think myself unworthy of the priestly order, yet if it it be for the profit of the commonweal, that I be called unto the function, truly thou Lucius shalt never lay hand upon my head. For thy right hand is embrued with slaughter and bloodshed. When Lucius said again, that it became him not so contumeliously to revile him, but rather to learn of him the precepts of the Christian Religion: Moses answered: I am not come now to reason of matters of Religion, but sure I am of this, that thy horrible practices against the Brethren prove thee be altogether void of the true principles of Christian Religion: For the true Christian striketh no man, revileth no man, fighteth with no man: For the servant of God should be no fighter: But thy deeds in exiling of some, throwing of others to wild beasts, burning of some others, do cry out against thee. And do not our Prelates Ex Officio oaths and Proceedings; their Excommunications, Deprivations, Suspentions, degradations, heavy fines, and imprisonments, their casting of the best and painefullest Ministers out of their freeholds, benefice, functions; their violent breaking open and ransacking of mens houses, studies, writings, upon small or no occasion; their committing of men close prisoners, and making havack of Christs Flock in every place; their suppressing Lectures, preaching and all private Christian exercises, cry out against them, as much as ever Lucius his cruelties did against him. In joan. c. 10. See Bishop Bilson his true difference between Christian Subjection and Vnchristian rebel. p. 114. Albertus Magnus: gives this description of the Prelates in his age. Those which now rule in the Church, be for the most part thieves and murtherers, rather oppressors then feeders, rather spoilers then tutors, rather killers then keepers, rather perverters then teachers, rather seducers then leaders. These be the Messengers of Antichrist, and underminers of the flock of Christ: And may not wee verify the like of many Bishops now? A●●nalium Bonorum. lib. 6. praefat. Aventinus writes thus of the Bishops in his time: I am ashamed to say what maner of Bishops we have, with the revenues of the poor, they feed hounds, horses, I need not say whores; they quaff, they make love, and flee all learning( preaching, grace, and holiness) as infection. Such is the misery of these times, wee may not speak that wee think, nor think that wee speak. As for the sheep committed to their charge, to wheresoe'er them, strip them, kill them, as every man list, under a pretence of devotion, is now an ancient custom. And is not this custom still continued? What remedy therefore may be now prescribed for this old Malady, or punishment for these excesses? I red that Socrates Scholast. Eccl. Hist. l. 2. c. 42. in the greek 33. in the English. Basilius otherwise Basillas, Bishop of Ancyra, was deprived of his bishopric, for that he cruelly tormented and imprisoned a certain man,( as our Prelates have many score) forged slanders, and disquieted divers persons thereby, and molested the quiet estate of the Churches in Africke. And I find it resolved by the Hostiensis, l. 5. f. 464. Canonists in their Titles De Excessibus Praelatorum;( A Title very ancient and copious,) That if a Prelate exceeds measure in correcting his Subjects, or be over-tyrannicall and severe, he ought to be deposed for it: yea Summa Angelica, Irregularitas, 21. if he thrust any person under his Jurisdiction into prison, so as he death by reason of his vexation within a short time,( as many have thus died under our Ptelates hands, not onely in queen Maries dayes, but since, even in our times, he thereby becomes irregular, as having his hand in blood, and may be therefore deprived even by the Canon Law. Our Prelates therefore as they are irregular for their cruel oppressions, imprisonments, excesses, and tyrannicall proceedings,( yea ipso facto Excommunicated for making, printing, and publishing, Visitation Articles, without the Kings authority, and causing his Majesties Subjects to submit unto them, by the express provision of their own 12. Canon, and so Gratian Causa 9. Quaest. 1. Causa 11. Quaest. 3. Hostiensis, l. 5. De Sententia Excommunicationis. Summa Angelica& Summa Rosella. Tit. Irregularitas& Excommunicationis, and other Canonists in those Titles. unable to exercise any ecclesiastical Jurisdiction whatsoever all their proceedings and Censures being now in this regard,( if not their orders too, mere nullities in point of Law, and their very company to be abandoned by all, as being both irregular and excommunicated;) so they very justly demerit to be deprived of their bishoprics, and made all Quondams for the same: 31. H. 8. c. 10. 37. H. 8. c. 17. Fox Acts& Monuments p. 999. 1000. Antiquitates Eccles. Brit. p. 386. 388 389. King Henry the 8. to vindicate his Prerogative in causes ecclesiastical from the Popes and Prelates usurpations; and to manifest to the Prelates, that all ecclesiastical Jurisdiction, was originally vested in, and to be derived onely from him, and that he might at his pleasure take it from his Prelates, who enjoyed it merely by his Grace, and delegate it to whom he pleased, though mere Laymen: created a mere Lay-man, to wit, Thomas Lord Crumwell, Lord Privy seal, his Vice-gerent for the due administration of Justice to be had in all cases,& cases touching the ecclesiastical Jurisdiction; to overtop the proud ambitious Bishops, inquire after, visit, and correct their excesses, and exorbitant misdemeanours, and overlook their actions, lives, proceedings, to keep them in good order and within their bounds, and for the Godly reformation and redress of Errors, heresies, and abuses in the Church of England. And the Statute of 31. H. 8. c. 10. yet in force, enacts, That the said Lord Crumwell, having the said office of Vicegerent, and all other persons, which hereafter shall have the said office of Vicegerent, of the grant of the Kings Highnes, his Heires or Successors, shall sit and be placed as well in this present Parliament, as in all Parliaments to be holden hereafter, on the right side of the Parliament chamber, and upon the same form that the Archbishop of Canterbury sitteth on, and above the same Archbishop and his Successors, and shall have voice in every Parliament to assent or dissent, as other Lords of Parliament. The Lord Crumwell vested with this ecclesiastical Authority, both by 31. H. 8. c. 10. Fox Acts and Monuments p. 999. 1000. 1001. 1005. Antiquit. Eccl. Brit. p. 389. 399. Letters Patents from the King and this Act of Parliament, held a general Visitation in all dioceses of the realm over the Archbishops, Bishops, Archdeacons themselves, as well as over the Laity, enquiring after and correcting their abuses, prescribing Injunctions, Rules and Orders to them, both for the Reformation of Religion, the abolishing of Superstition and Idolatry, the correction of their exorbitant proceedings, excesses, lives and manners, appointing 37. H. 8. c. 17. Laymen by Letters Patents under the Kings great seal, to be the Kings ecclesiastical Judges, Visitors, Vicars general, Commissaries, Chauncellours, Officials, Scribes, and Registers,( not the Bishops,) and to exercise all maner of ecclesiastical Jurisdiction and Censures in every diocese, from, by and under his Majesty, and by his authority; as his immediate officers not the B●shops;( whom he discharged from this trouble both to curb their ambitious domineering humors, and to make them more diligent in preaching and instructing the people, the chief end for which they were ordained Bishops, Christianae Reipublicae non minus necessaria est Praedicatio Junii, quàm Lectio; ET HOC EST PRAECIPWM EPICOPORVM MVNVS. Sessio 5. De Reformatione, c. 2. even by the council of Trents resolution, and the main part of their episcopal function.) And with all, he kept a special Visitation, An. 1538. of all the abbeys, Priories and religious houses throughout the realm, inquiring most strictly into their lives, and vices, discovering in them such horrible detestable Sodomy, Buggery, Adultery, whoredom, Luxury, beastliness, and sink of all maner of sin, both by their own confessions, and witnesses, as would make all modest, chased and pious Christians, yea moral Pagans to stand amazed; as the inquisitions themselves and their own confessions in the Exchequer Records, mentioned by John Balaeus Scriptorum Brit. Cent. 8. c. 75. Appendix, p. 665. Speeds History of great britain, p. 1042. 1043. 1044. Henry Steven his Apology for Herodotus, c. 21. f. 183. John Weever his ancient funeral Monuments land. 1631. Bale, Bishop osiris, and John Speed, and transcribed lately by Master Weever, among other ancient Monuments, record to all posterity, to their perpetual infamy. Whereupon these cages of pans, and infernal stews were forthwith dissolved by Act of Parliament, and these monstrous Sodomities, and Devils incarnate, in the shapes of men, thrust out and punished, according to their deserts. Fox Acts and Monuments, p. 1181. 1182. 1187. 1192. 1193. 1209. 1233. queen Elizabeths Injunctions, and the Articles of inquiry printed with them. Bishop jewels life before his works, Sect. 25. Speeds Hist. p. 1156. Antiquit. Eccles. Brit. p. 386. 388. 389. 398. King Edward the 6. and queen Elizabeth, treading in this their royal Fathers footsteps, appointed and constituted Vicegerents and Visitors under their great seals, the chief whereof were Laymen, to visit both the Bishops Clergy and Laity in every diocese, within the realm, w●th both the Universities of Oxford and Cambridge, and to correct, redress and reform all maner of Errors, heresies, schisms, abuses, offences, contempts, enormities, sins and vices whatsoever, punishable by any ecclesiastical Law, and to settle all things both in po●nt of Doctrine and Discipline, according to the Articles of Religion established, and their royal Injuctions; published under their great seals, by the advice of their council, and 32. H. 8. 26. 1. Ed. 6. c. 1. 3.& 4. Ed. 6. c. 10. 11. 12. 5.& 6. Ed. 6. c. 1. 5. 2.& 3 E. 6. c. 1. 1. Eliz. c. 1. 2. 5. Eli. c. 1 8. Eliz. c. 1. Authority of Parliament enabling them to publish such Injunctions; these their Visitors having Authority ecclesiastical in every diocese paramount the Bishops themselves, by virtue of their Commissions and Letters Patents. A clear evidence, that the power of keeping visitations, is a chief part, of the Kings ecclesiastical Prerogative specially united to the crown, by several Acts of Parliament, that no Prelate or person, may or ought to usurp and exercise it,( as the Archbishop of Canterbury hath lately done, and pleaded that he ought of right to visit, not onely his Province, but both Universities in his own inherent archiepiscopal right, and name, not as his Majesties Visitor, and in his name and right alone, which they were content at first, he should do,) by 26. H. 8. c. 1. 31. H. 8 c. 10. 37. H. 8. c. 17. 1. E. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. special Letters Patents, under the great seal, by, from, and under his Majesty, as his visitors and vicegerents onely, and in his name and right alone; and that, as no Archbishop, Bishop, or other ecclesiastical person, may or ought by Law to visit any of the Kings free-chaples, Donatives, Hospitals, abbeys, or Peculiars, though within his diocese, and precincts,( and by consequence the Universities and several colleges in them, many of them being of Kings foundations, all of them having special Visitors appointed them by the founders, by special Patent from the King) but by a special Commission from the King under his great seal, without incurring both an Attachment and Praemunire, and as the King by his royal Prerogative may exempt any place or person at his pleasure from all episcopal Jurisdictions and visitations, as many 8. Ass. 29. m. 16. E. 3. Fitz brief. 660. 20. E. 3. Fitz. Excom. 9. 21. E. 3. 60. 27. E. 3. 85. a. Register pars 2. f. 40. 41. 43 Fitz. Nat. Brev. 42. a. 50. l. Cromptons jurisdiction of Courts. f. 97. a. Dyer. 273. a. cook 5. Report. Cawdries case. f. 9. 10. 15. 11. Report f. 91. Institutes on Litleton. f. 96. a. 344 a. Sir John Davis his Irish Reports 42. 46. 47. 48. brook Praemunire. 21. Hil. 2. jac. B. R. Gayard and Fairechilds case 2. H. 5. c. 1. 25. H. 8. c. 21. 14. Eliz. c. 5. Sta●ford. l. 3. c. 38. f. 111. 1. H. 7. 23. 25. Law books, Eadmerus Hist Nov l. 1. p. 6. and Master Seldens Notes ibid. p. 165. 166. Antiquit. Eccles. Brit. p. 386. 388. 389. 398. 399. Histories, yea and the Summa Angelica& Summa Rosell Tit. Exemptus. 3. 4. 5. Mauritius de Alcedo De Praecellentia Episcopalis dignitatis. l. 2. c. 2. n. 50. p. 190. Fuscus de Visitatione. l. 2. n. 21. Azorius, Instit. Moral. pars 2. l. 1. c. 90. qu. 10. Franciscus lo, in Thesauro, pars 2. c. 2. n. ult. Perez de Capellanis, l. 2. c. 1. n. 49. Barbosa Allegatio. 75. n. 2. 16. Canonists themselves, together with the Sessio. 22. de Reformatione, c. ●. council of Trent expressly resolve; So likewise that no Bishop may, can or ought by Law to keep a visitation within his diocese, without a special Patent from the King,( as appears by Bishop Ridlies, Coverdales, Scories, Ponets and many other ancient Bishop Patents, the Statutes of 31. H. 8. c. 10. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. and other statutes,) the King being as absolute a Monarch, King, governor, in and over all ecclesiastical persons and causes in every Bishops diocese, as in and over his own frank-chaples, Donatives and Peculiars; which no Prelates dare or can deny; since in the very Oath of Supremacy and Allegiance,( which the Archbishops are the first men, enjoined to take as likewise to instruct,) they make this profession and solemn protestation, I do utterly testify and declare in my Conscience, that the Kings Highnes is the only supreme governor of this realm,& all other of his Heighnes Dominions and Countries,( therefore in and of their diocese,) as well in all spiritual, or ecclesiastical things or causes, as temporal. Seeing therefore our Prelates are lately grown so insolent, as to claim and exercise all their ecclesiastical episcopal jurisdiction, and the power of visitation to, by a divine right and Title onely, not by any power, Patent or Commission from the King; seeing they have made so many gross encroachments, both upon the Kings Prerogative royal, the laws, the customs of the realm, and the Subjects Rights and Liberties, which they everywhere trample under their feet: And since they are grown so exorbitant, irregular, tyrannicall, oppressive, vindictive; so onerous and intolerable to the Subjects, both in their Consistories and visitations, but especially in their High-Commissions, where they make the Kings Commission and Authority a mere engine and stratagem to erect and enlarge their own mere papal Antichristian jurisdictions and usurpations, which they challenge by a Divine( but in truth a papal) right, thereby chrushing and questioning all such, who out of conscience towards God, or Loyalty to their sovereign, dare make any just or legal opposition against the same, or refuse to submit thereto; And since the Statute of 31. H. 8. c. 10. authorizeth both the King his Heires and Successors, to make a Vice-gerent general in causes ecclesiastical, though a mere lay-man, to take place of the Archbishop of Canterbury, and all other Prelates of the realm, and their Successors, both in Parliament, and elsewhere, to curb and restrain their exorbitant usurpations both upon the Kings Prerogative, laws and Subjects Liberties; to overlook their actions, manners, lives, proceedings; to correct their several misdemeanours, encroachments, excesses, tyrannies, oppressions, exactions, abuses, and to visit these great Lords and Visitors themselves: Whether it will not be meet and expedient for his Majesty both in point of Honor, Iustice and Policy, to constitute such a Lay Vice-gerent general, by his special Letters Patents, to check the insolency and domineering humour of our present Lordly Prelates, and to visit, inquire out, punish, redress all their forementioned disloyal encroachments, both upon the King and Subject, for the better preservation of the Prerogative of the one, the Liberties of the other, the relief of all oppressed Subjects, the better execution of Iustice in all ecclesiastical Courts and causes, and the exemption of the Prela●es from all unnccessary cares and toubles; which now so take them up, that they have neither time nor Will, diligently to teach and instruct the people in matters of salvation, as Tract. 9. 12. 16. 20. 21. 27. 29. 35. 37. 38. 50. in joan. Tract. 1. 4. 6. 10. in 1. Epist. joan. De verbis Domini in Euangelia. Serm. 15. 21. De verbis Apostoli. Serm. 5. 6. 7 saint Augustine, saint De Sacram. l. 4. c. 6. l. 5. c. 1. Ambrose, Catech. Oratio. 7. 14. Catech. Mystago. 2. Cy●ill, Homil. 3. 4. 5. 6. 7. 9. 10. 13. 28. 33. 44. to 62. on Genesis. Chrysostome, Homil. 10. in Genes. Hom. 9. in Isai.& contra Celsum. lib. 8. Necephorus, Eccles Hist. l. 12. c. 34. Origen, and other Fathers of old, and Bishop Fox Acts and Monuments, p. 1115. 1559. 1579. 956. 1366. 1153. 428. Bishop Hoopers Protestation of his faith to King Edward the 6. and the wh●le house of Parliament, Anno 1550. Hooper, Bishop Latimer, Bishop Ridly, with other of our Martyrs and Godly Prelates of later times have done, who ●eached every day in the week and year at least once, or twice, without fail, as the marginal authorities evidence, whereas Bishop Latymers Sermon of the Plough. our Prelates think it much to preach once or twice a year, and then not ●o the people of their diocese,( which half of them have not done,)( but at the Court alone;) they being of the Bishop Fox Acts and Monuments, p. 1153. of Dunkeldens mind, that they were not ordained to preach, but to be Lordly loiterers, bear rule, and keep off other painful Ministers from diligent frequent preaching, for fear their pains should prove their shane, and make the people believe, that were bound to preach as much, or more then other Ministers, because they have better hire. I here humbly refer to his Majesties pious care and Princely wisdom, who may now justly and safely follow the royal steps of his Famous Progenitors in this particular, without any scandal, offence, or innovation, to the relief and joy of all his loyal and oppressed Subjects. I shall begin to close up this Breviate with the words of Nicholas de Clemangiis, in his excellent book, De corrupto Ecclesiae statu, chap. 14. to 20. where he thus paints out in lively colours. the manners, practices, oppressions, designs, and lives of the Prelates and their Officers in his age, and ours too: Those who at this day are promoted to the dignity of a Bishop, according to the maner of their professions, with great earnestness on every side, greedily gape after gain, not verily of souls, but of purses rather, the gain whereof they seek out every where: they burn after gain, they repute gain godliness, they do nothing at all but that which they believe, way sufferagate to collect many upon any occasion; for which they wrangle, contend, chide, go to Law, taking the loss of ten thousand souls more patiently, then of 10. or 12. But I justly reprehend myself who said, more patiently, when as they take the loss of souls with no motion or perturbation of mind, of which there is not onely with them no care, but not so much as any thought; yet they undergo even the smallest losses of any part of their estate, almost with a furious and distracted mind. Moreover, if peradventure any Bishop or Pastor shall arise, who will not walk after this maner, or who contemns money or damnes covetousness, who finally will not every way, whether just or unjust, extort money from his Subjects, or study to gain souls by wholesome exhortation or preaching, and meditates more in the laws of the Lord, then in the laws of men, presently all their teeth are set on edge to bite him: they Now they cry out on him as a Puritan besides. will cry him up to be altogether an unfit man, not worthy of the priesthood; because he being ignorant of human laws, is not fit to defend his rights: knoweth not how to govern, punish, and restrain his Subjects by canonical Censures, and hath learned nothing else, but to give himself even to a Laysie idleness, or to preaching which they openly affirm, to be the office of Mendicants, enjoining no temporal care, or administration, which may possess their minds with a more profitable occupation. Therefore now the studies of( he sacred Scriptures, with their professors are turned into laughter, and a mocking stock with all men; and which is most prodigious, especially towards Prelates, who prefer their own traditions far before Gods commandments. That egregious and most excellent office of preaching, attributed onely to Pastors or Bishops in times past, and principally due to them, hath now And is it not so with our Prelates now, some of them having not preached one Sermon in 12. yeares space and most of them but one Sermon or two at most in a year. waxed so vile with them, that they think nothing more unworthy or dishonourable to their dignity then it. But lo, whilst I consider the proper sicknesses of the Court of Rome, I am fallen upon those vices, which are common with them, even to other Prelates: Which yet I will handle more particularly in a succinct relation, because I have a fit place. First it ought not to seem strange or a wonder unto any, if our Prelates principally study, to scrape together moneys on every side, if being thin, lean, and empty, they study to fat themselves with the juice, wool, and milk of their sheep, of whom it appears, they were made Pastours at so dear a rate. For flies( as the proverb is,) pined with leanness bite more sharply. Likewise all living Creatures consumed with famine, are carried more greedily to the prey. For although before the undertaking of their episcopal cure, they were very wealthy;( neither are indigent men wont to be admitted thereunto,) yet by the Ministry conferred on them, they ought at least to empty their purses for the most part. Wherefore justly and not without cause, they make it their chiefest labour to replenish them again. And by the Example of a wise husbandman, that they may gather the seed, they have sowed with increase and great return, and again recover and diligently enlarge their diminished Substance, like most vigilant tradesman, they expose all their wears to sale to all who need them. If any clerk among them for theft, for Homicide, for rape, or sacrilege, or any other enormous crime be cast into prison and adjudged to the dungeon there, to eat bread and water, he shall so long be liable to punishment, and suffer for his offences as a guilty person, until he shall pay the money demanded of him, according to the measure of his revenues or goods. But when he shall do this he is set at large, and suffered to go away like an innocent, every Error, all wickednesses, although they are capital, are released and blotted out by money. For what shall I speak of the exercise of this Jurisdiction, which is so Thus is it now. violently and tyrannically governed, that at this day men rather choose to undergo the Judgements of the most cruel tyrants, then of the Church. It cannot be expressed how great evils those wicked Inquisitors of crimes which be called promoters or Apparators, do unto the people. Thus our Bishops Apparitors serve his Majesties Subjects at this day. They oft times call simplo and poor husbandmen, living, an harmless life in their cottages, and ignorant of the Cities fraud, into their Courts, for a thing of nought, they diligently feine causes and crimes against them, vex, terrify, threaten them; and so by these means compel them to compound and agree with them. Which if they refuse to do, they daily serve and infest them out of measure with frequent Citations; and if once hindered by any occasion, they shall fail to appear, presently they are struck with the Sentence of Excommunication as Rebels and contumacious. But if they shall continue to appear at the day as oft as they shall be called; they will hinder their audience at the Judges tribunals, they will lay hold of delays and subte●fugies, of imparlances, and interlocutions, which are very easily obtained from ecclesiastical Courts; that so being tired out with long delay, and great loss of their time, they may be compelled to redeem their future vexation, and expenses, with a sum of money, least they should incur a heap of infinite expenses, for a small or no offence, or for a little debt. Now I pray, what a thing is this, that in most diocese Rectors of parishes do everywhere keep Concubines at a certain rate and hire, which they agree for with their Prelates? That all excesses and vices of Subjects, and all offices, even in Court of Judicature, are publicly sold by them? But to those of which wee have spoken, and shall speak, these things are good. But how is this to be endured, that no man comes to a Clerkeship, It is not so now with our Prelates. or to a sacred order, or to any ecclesiastical degree, but by reward? that none bestow sacramental grace, or imposition of hands, unless he shall give a certain price before hand? that they make all Confessions, Absolutions, Dispensations venial? that if any benefice are devolued to their disposition, they bestow them for gain, or give them to their bastards, or to stage players? Now if any man peradventure shall object that evangelical saying to them: Freely ye have received, freely give: they want not what they may presently answer; that they did not freely receive, therefore they are not bound by the Text, freely to give. Finally, they say, that those Bishops onely are bound by this sentence, who have obtained their pastoral office, without any disbursement at all. Therefore no man( but he who strays far from the truth,) may expect, that grace should be thus sold by equity, for how is it grace, if it be not freely given? unless wee will deem it false, that that pestiferous Sorcerer was reprehended by Peter, with a direful malediction, who thought that the gift of God might be purchased with money. Now from this fountain that copious multitude of vile and most unworthy priests hath issued. For that they might receive greater gain by conferring Orders, they admit all as many as shall come with none or little difference, to those titles which they shall ask,( unless perchance there be some so oppressed with poverty, that they are not able to pay for orders:) there is no examination of their forepast life, no question of their manners. Concerning their Letters and learning what bootes it to speak, when as wee see that almost all priests can scarce read, and that waywardly, and by syllables, without any understanding of the things or words. What fruit therefore, what audience shall they obtain by their prayers, either to themselves or others, to whom that, which they pray is barbarous? How shall they reconcile God by their prayers unto others, whom they have made offended with themselves with their ignorance, their filthiness of life, and by their ministry? If any man at this day be idle; if any abhorring labour, if any be willing to riot in idleness, he flies to the Ministry; which having obtained he forthwith associates himself to the other priests, who are followers of pleasures; And do not many of the Clergy now a dayes do this. Who living more after Epicures then after Christ, and diligently frequenting Alehouses consume all their time in drinking, reveling, pransing, feasting, playing at tables and at ball. And being surfeited and drunken, they fight, they war, they make a tumult, they curse the name of God and of his Saints, with their most polluted lips. And thus composed, at last, they come from the very embracements of their harlots to the divine Altar. But I return to our Bishops, who being educated in all lubricity from their youth, they introduce such witnesses, that I may so speak, Ministers, into the Church, whose acts are memorable, this ought not to be pntermitted by me; that many of those who have obtained the top of a pastoral dignity, and have enjoyed the same for many yeares, Some of our Prelates too are guilty of this, that they never saw some of their diocese, yet they have fleeced them by their Deputy Visitors. have never entred into their Cities, have never seen their Churches, have never visit their places or diocese, have never known the faces of their flocks, heard their voice, felt their wounds, unless perchance those wounds which themselves have inflicted on them with their rich spoils by strangers, and hirelings. I have said strangers, because even they themselves are hirelings, who seek not the custody, safety or profit of their flock, but onely the retribution of a temporal reward. Therefore they themselves are hirelings, having onely the name of a Bishop, because the thing signified by the name is far from them. For the name of a Bishop signifieth a Watchman or superintendant: Behold( saith the Prophet) I have made thee a Watchman to the house of Israell. But these verily watch not at all over the flock, they oversee nothing, they look to nothing: they take the care of their own body, they feed themselves and not their sheep, not greatly weiging what accident may happen to the sheep, whether they die consumed, either with sickness or famine, so as themselves may gain any thing by their death. A good excuse for our Prelates, who are more temporal then spiritual, more deeply occupied in State then Church, in earthly then heavenly affairs. But peradventure some man will say, that they may justly be pardonned: if they seldom go to their diocese, or more slowly visit their little flocks; because being sent for to be Princes Counsels, they handle the great affairs of the kingdom,& govern, defend, support the Common-wealth, which rests upon their shoulders, and would otherwise most grievously fall to ruin; which seems to be more Laud-worthy, then to consult their own private affairs. First I will by no means grant them this, that they are willingly called out by Princes of their own accord to be Consellers of state, but they obtain it with great suite, costs and intercessions of friends; Note this well. not verily out of any zeal or care of the republic, of which they have no love or charity at all; but for the stipends and large gifts which accure unto them from thence, that living upon other mens costs they may treasure up the revenues of their own Churches. Finally what profit bring they to the languishing yea almost dying, and now well nighburied commonweal? Would to God they brought no destruction thereunto! What I pray you? do they profit in this thing, that they invend Note well. So Master Tyndall in his Obedience of a Christian man. p. 116 writes thus of Bishops. I pass over with silence how they teach Princes in every land to lad new exactions and tyranny on their Subjects more and more daily, neither for what purpose they do it say I. God I trust shall shortly disclose their juggling, and bring their falsehood too light, and lay a medicine to them, to make their scab break out. all the burdens of taxes, and tributes, with which the people are at this day charged, by their subtlety and suggestions, and that being invented, they heap them one upon another, and cause them to last for so long a time? whence even long ago there hath been a custom in this kingdom( France he means, which is now true of England likewise,) that some Bishops are set over such exactions, and determine the causes and complaints concerning them. Whether do they herein profit the republic, that being called to the counsel and commanded to speak their opinions, they persuade those things which they know, will rather please the Prince, then profit the Commonwealth? that oft time being lead with bribes, oft times with favour, oft times with hatred, oft times also with fear they suggest to the ears of their Lords, not just, not true, not sincere things, but perverse and hurtful things, covered over with fallacy? Furthermore, do they help the Commonwealth in this thing, that they oft privily inculcate, that greater allowance is to be contributed to those Rectors who administer it, and more then the common allowance? For what themselves do it is likely, that being consulted, 〈◇〉 they likewise exhort others to do, least their words and astions should filthily disagree and fight between themselves. A good question to be put to our Prelates. Finally, which of them is a Defender of the poor, a comforter of the afflicted, a releiver of the oppressed, who a patron for the fatherless, who a protector to the poor widow against the false accuser? Yea verily who is more estranged from the compassionating and commiserating of any distressed poor people then they, and truly too, doth the Prophet I say speak under the Image of the Princes of the Synagogue, of whom these, although they are their Successors in wickednesses, in respect of time, yet peradventure they may be rightly termed their predecessors in vileness; Thy Princes are treacherous and companions of thieves, every one loveth gifts, and followeth after rewards, they judge not the fatherless, neither doth the cause of the widow come unto them. But it is a wonderful thing what that means, that now almost every Bishop receives yearly almost six, seven, or ten thousand Crownes from the Church, of which he is president, but not above one thousand Crownes from the King for his stipend, and Note this well. yet he leaves the care of his Church, and of the fold committed to him for the service of the kingdom. Ought he not at least like an hireling to serve him who giveth the greatest wages? But their answer to these things is at hand. For although that be more, which the Church giveth them, than what the Prince, yet that office joined to the greater, makes the sum the bigger, and too good things are better then one. Further the fruits that are given them by the King, they know they shall not receive, unless they wait at the Kings elbow; but those which accure unto them from their Churches they know shall be given them, though they be far off, and free from service. What and if they impute no doubt their promotion made at the instance of the King, to the King himselve, and not to God, nor to the Church? Therefore like grateful men, no ways forgetful of him by whom they have obtained grace they deservedly according to the vicissitude of obedience more willingly refer their service and obedience unto them. The Prelates Court Lesson. What and if they have learned to serve Kings, and not God, nor the Church? What and if they have sought their mitre, not with an intention of of exercising any office in the Church, but of obtaining quietness and case in greater abundance? What and if by reason of their accustomend wages they help to obtain many small things openly, yea and many small things openly by importunity, which serving in their Churches they could not obtain? But at least thou wilt say, they there help their own Churches, that they be not burthered or oppressed, Note his. yea they themselves oppress both their own and others, whiles they lay taxes upon them, at the will of the secular powers. For lest they should be reproved by the Noblemen, whose busenesses they agitate, and whose Counsels they frequent, that they favour their Churches more then is meet, as oft as it shall happen that any thing is in agitation concerning the Church, they insult more grievously against it, then any of the laity. Rarely happens there any affliction to these calamitous Churches, which may not derive its original from these their proper sons. But why do wee so greatly accuse their absence from their Sees? when as if they were there personally present, they might in all likelihood do more hurt then good For what, I pray, do they profit, who in the revolution of the whole year tuter their Church but twice or thrice? who spend whole dayes ● hawking, and hunting, in plays and wrestling? who pass over whole nights without sleep in most accurate banquets, in claping of hands and dances, being likewise effeminate with maidens: who by their filthy example led their flock by bywayes into a precipice; who being yet beardles youths, scarce gone from under the ferrula, fly to the pastoral Magistracy, and know so much concerning it as they do of a Pilots office. It is very difficult and hard to determine, which of them do more hurt to their flock: whether these who forsaking it, and committing it to wolves, are conversant with ruffians and parasites in the Court; Or those rather who keeping residence, vex it by rapine, neglect it by carelessness, precipitate it by error. For although I may rightly call both of them hirelings, yet I have spoken too little in regard of the thing itself, both of them are more fitly to be termed The Bishops true Christian name. wolves, for both of them act the part of wolves; the devour, scatter, tear, and carry away: These verily by themselves; but those, for themselves by others. I perceive, that I have insisted longer then I thought at first in these excellent services of our Angels,( for so the holy Scriptures term Prelates,) but thououghtest to grant pardon to so great a multitude of things, which I could not. To him I shall onely annex the words of William Wraughton, in his Rescuing of the Romish Fox, ded●cated to King Henry the 8. Wee have put down;( saith he) to Winchester of your Orders of the world. There remain yet two Orders of the worldye in England; that is the Order of Pompous and Popish Bishops, and Grey Friers. Which if they were put down as well as the other put down before, I reckon that there should be no kingdom, wherein Christ should more reign then in England. And of roderick Mors, sometimes a Grey friar, his memorable passage in his Complaint to the Parliament-House of England, about the 37. of King Henry the eight, ch. 23. 24. No doubt( writes he,) one Bishop, one dean, one College, or house of Canons hath ever done more mischief against Gods word, and sought more the hindrance of the same, then ten houses of monks, Friers, Chanons, or Nunnes. The Kings Grace began well to weed the Garden of England, but yet hath he left standing( the more pitty,) the most foulest and stinking weeds, which had most need to be first plucked up by the roots, that is to say, the pricking thistles and stinking netles, which still standing; what helpeth the deposing of the petty members of the Pope and to leave his whole body behind, which be the pompous Bishops, Canons of Colleges, deans and such other? Surely it helpeth as much as to say, I will go kill all the Foxes in saint Johans wood, because I would have no more Foxes bread in all England. Which well pondered, wee may say and lye not, that the Pope remaineth wholly still in England, save onely, that his name is banished. For why his body,( which be Bishops and other shavelings,) doth not onely remain, but also his tail, which be his filthy traditions, wicked laws, and beggarly Ceremonies,( as saint Paul called them,) yea and the whole body of his pestiferous See William Wraughton his hunting of the Romish Fox: who excellently and fully proves, that the Canon Law is the Popes Law, and that the Pope doth& will continue her as long as the Canon Law doth remain in use. Canon Law according to which judgement is given through out the realm: So that wee be still in Egypt, and remain in Captivity, most grievously laden by observing and walking in his most filthy dross aforesaid, which is a misty and endless maze. And so long as ye walk in those wicked laws of Antichrist the Pope, and maintain HIS KNIGHTS THE BISHOPS, in such inordinate riches and unlawful authority, so long say I, ye Note well what ensueth. shall never banish that monstrous beast the Pope out of England, yea and it shall be a means in process of time to bring us into temporal bondage also again, to have him reign as he hath done, like a God. And that know our forked caps right well, which thing maketh them so boldly and shamelessly to sight in their Gods quarrel, against Christ and his word, &c. The Bishops by their subtleties and most crafty wil●ss, make the people to abhor the name of the Pope of Rome for a face, and compel them to walk in all his wicked laws. And the word of God which we say we have received, is not, nor cannot be suffered to be preached and taught purely, and sincerely without mixing it with their invented traditions and service. Wherefore to open the Conclusion of this little lamentation; if ye will banish for ever the Antichrist the Pope ●ut of this realm, ye must fell down to the ground those rotten posts, the Bishops, which be clouds without moisture, and utterly abandon all and every of his ungodly laws, Traditions, and Ceremonies. Now will I speak no further against the particular Pope, forasmuch as every Bishop is now a Pope, and ye may plainly see,( by all the premises,) that the proud Prelates the Bishops( I mean) be very Antichrists, as is their Father of Rome. Thus he, to whom I shall subjoin Henry Stalbridge his Exhortatory Epistle, to his dearly beloved country of England, against the pompous Popish Bishops thereof, as yet the true members of their filthy Father the great Antichrist of Rome, printed at Basil, in King Henry the 8. his dayes, with whose words I shall close up this breviate: I say yet once again,( writes he) and that in the seal of the Lord, as he is my judge, I wish,( if his gracious pleasure so were,) that first the Kings Majesty, and so forth all these, unto whom God hath given power and authority upon earth under him, may thoroughly see and perceive how that not onely the bloody bear wolf of Rome, but also the most part of the other Bishops, and stout sturdy Canons of Cathedrall Churches, with other petty proulers and prestigious Priests of baal his malignant members in all realms of christendom( especially here in England,) doth yet roar abroad like hungry Lions, fret inwardly like angry bears, and bite as they dare like cruel Wolves, clustering together in corners, like a swarm of Adders in a dunghill, or most wily subtle Serpents, to uphold and preserve their filthy Father of Rome, the head of their bawdy brood, if it may be. Note. No less do I judge it, then a bound duty of all faithful Ministers, to manifest their mischiefs to the universal world, every man according to his Talent given of God, some with pen, and some with tongue; so bringing them out of their old estimation, least they should still reign in the peoples consciences to their souls destruction. An evident example have they of Christ thus to do, which openly rebuked their filthy Fore-fathers, the Scribes, Lawyers, Pharisees, Doctors, Priests, Bishops, and Hypocrites, for making Gods commandments of no effect, to support their own traditions, Mar. 8. luke. 12. Paul also admonisheth us, that after his departure should enter in among us such ravening wolves, as should not spare the flock. These spiritual Man-hunters, are the very offspring of cain, children of Caiphas, and Successors of Simon Magus, as their doctring and living declareth, needing no further probation. Most cruel enemies have they been in all ages to the verity of God, ever since the Law was first given, and most fierce persecutors of Christ and his Church,( which he there proves at large by several examples;) No where could the verity be taught, but these glorious gluttons were ever at hand to resist it: marvel not ye Bishops and Prelates, though I thus in the zeal of Helyas and Phineas stomach against your sturdy storms of stubbornes: For never was any tyranny ministered upon Christ, and his mystical members, but by your proud procurements. And now in our dayes where are any of the Lords true servants burned, or otherwise murdered for true preaching, writing, glozing, or interpreting the gospel, but it is by your cruel calling upon, &c. If you be not most wicked workers against God and his verity, and most spiteful Traytors to the King and his realm, I cannot think there be any living upon the earth. Be this onely spoken to ye, that maintain such mysteries of madness. Never sent Christ such bloody Apostles, nor two harned warriors, but the Devils Vicar Antichrist, which is the deadly destroyer of faithful believers. What Christian blood hath been shed between Empire and Empire, kingdom and kingdom, as between Constantinople and Almaigne, England and France, Italy and spain for the Bishops of Rome? and how many cruel wars of their priests calling on, were too much, either to writ or to speak. always have they been working mischief in their idle generation, to obscure the verity of God. Note well. I say yet once again, that it were very necessary for the Kings worthy Majesty with earnest eyes to mark, how God hath graciously vouchsafed to deliver both him and his people from your troublesone termagant of Rome, which afore made all Christen Kings his Common Slaves, and to beware of you hollow hearted Trayters, his spiritual Promoters, considering that your proud Predecessors have always so wickedly used his graces noble Progenitors the worthy Kings of this realm, since the Conquest and afore. Who overthrew King Herold, subduing all his Land to the Normaines? Who procured the death of King William Rufus, and caused King Stephen to be thrown in prison? Who troubled King Henry the first, and most cruelly vexed King Henry the second? Who subdued and poisoned King John? Who murdered King Edward the second, and famished King Richard the second most unseemingly? Besides that hath been wrought against the other Kings also. To him that shall red and thoroughly mark the religious acts of See Antiquit. Eccles. Brit. and Godwins Catalogue of Bishops in their lives. Dr. barns his Supplic. to K. Henry the 8. Haddon contra Osorium, l. 3 f. 251. 252 Fox Acts& Monuments p. 320. 321 479. 409. 410. 533. 1035. 1036. 1132. 186. to 234 Robert the Archbishop of Canterbury of old, Egelwinus, Anselmus, Randolf of Durham, ralph of Chichester, Alexander of lincoln, Nigelus of Hely, Roger of Salisbury, Thomas Becket, Stephen Laughton, Walter Stapilton, Robert Baldocke, Richard Scrope, Henry Spencer, Thomas arundel, and a great sort more of your anointed Antecessors, pontificial Prelates, mitred Mummers, mad mastery workers, ringed Ruffelers, rocheted Ruttters, shorne saucy Swilbols, it will evidently appear, that your wicked generation hath done all that, and many other mischiefs more. By these your filthy Fore-fathers and such other, hath this realm been always in most miserable captivity, either of the Romans or Danes, Saxons or Normans, and now last of all under the most blasphemous Behemoth your Romish Pope, the great Antichrist of Europa, and most mighty maintainer of Sodom and Gomorite: How unchristianly your said predecessors have used the Rulers of all other Christian realms, it were to long to writ. Note, See Mr. Tyndals Practise of Popish Prelates accordingly. I reckon it therefore hightime for all those Christian Princes, which pretend to receive the gospel of salvation, and accordingly after that to live in mutual peace and tranquillity, for ever to cast ye out of their privy Counsels, and utterly to servile you from all administrations, till such time as they find ye no longer wolves, but faithful feeders; no destroyers, but gentle teachers. For as saint Peter doth say, 1. Pet. 5. ye ought to be no Lords over the people of your diocese, but examples of Christian meekness. Who seeth not that in these dayes your bloody Bishops of England, Italy, Cycell, France, spain, portugal, Scotland and Ireland, See the 5. and 6. part of the Hom. against wilful Rebellion and the 2. part of the Homily on Whitsunday. be the ground and original foundation of all Controversies, schisms, variances and warres betwixt realm and realm at this present, &c. Consider your beginning. Never came ye in with your mitres, Robes, and Rings by the door, as did the poor Apostles, but by the window unrequired, like robbers, thieves and manquellers with Simon Magus, martion and Menander. Never was your proud pontifical power of the heavenly Fathers planting, and therefore it must at the last up by the roots, ye must in the end be destroyed without hands, Dan. 8. &c. Ibid. f. 18.& 22. to 31. I think the Devills in hell, are not of a more perverse mind, nor seek more ways to the souls destruction then you. ye play pharaoh, Caiphas, Nero, Trajanus, with all Tyrants parts besides; Oh abominable Scorners and thieves, which practise nothing else but the utter destruction of souls? If any thing under the heavens hath need of Reformation, let them think this to be one which minded any godliness: For never did cruel pharaoh hold the people of Israell in so wicked captivity, as doth this superstitious sort of idle Sodomites, the most dearly redeemed heritage of the Lord. If they be no spiritual thieves, soul murtherers, heretics, schismatics, Church-robbers, Rebels, and Traytors to God and to man; where are any to be looked for in all the world? Another thing yet there is, which causeth me sore to lament, the inconveniences thereupon considered. And that is this, although the Scriptures, Chronicles, Canons, Constitutions, councils and private Histories, with your manifest acts in our time, doth declare your Fore-fathers and you such heretics, thieves and Traytors to the Christian commonwealths, as hath not been upon the earth, but you, yet you are still taken into the privy Counsels, both of Emperor and King.( Yea as The Supplication, Vol. 3. f. 23. Thomas Becon complains, They alone be chiefest and of much estimation; they alone ruffle and reign; they alone bear the suring in the Court, they alone have all things going forward as they desire: They alone be capped, kneeled, and crouched unto: They alone have the keys of the English kingdom, hanging at their girdles: whatsoever they bind, or loose whispering, and traitorously conspiring among themselves, that same is bound and loosed in the star-chamber in Westminster Hall, in the Parliament House, yea in the Kings privy Chamber, and throughout the realm of England. The very Nobility of England are in a maner brought to such slavery, that they dare not displease the lessest of these spiteful spiritual limbs of Antichrist, wee may now say,( into such an height the spiritual Sorcerers are grown,) that Priests in England are mightier then either Wine, King, queen, Lords, Women, and all that is besides &c.) Note well. But what a plague it is, or miserable yoke to that Christen realm, whereas you bear the swinge, I think it truly unspeakable, though it be not seen. O eternal Father, for thy infinite mercies sake, grant thy most faithful servant the Kings Majesty our most worthy sovereign Lord and governor under thee, clearly to cast out of his privy Counsell-House, these Lecherous locusts of Egypt, and daily upholders of sodom and Gomor the Popes cruel cattle, tokened with his own proper mark, to the universal health of his people, as thou hast now constituted him, an whole complete King, and the first since the Conquest. Note. For never shall bee have of them, but deceitful workmen, and holow-hearted Gentlemen: and not onely that( good Lord,) but also deprive them of their usurped authority and power, restoring again thereunto his temporal Magistrates, whom their proud Pope hath hitherto most tyrannously thereof deprived. Finally, to take from them their inordinate pomp and See a Supplication to King Henry the 8. An. 1544. accordingly. Riches, and more godly to bestow them, that is to say, to the aid of his poverty, as for an Example the Noble germans have graciously done before him. After a far other sort defended the Apostles the spiritual kingdom of Christ. Their armor was righteousness, poverty, patience, meekness, tribulation, contempt of the world, and continual suffering of wrongs. Their strong shield was faith and their sword the word of God, Ephes. 6. With the gospel preaching driven they down all superstitions, as you by your lordliness have raised up again in the glorious Church of Antichrist. The kingdom that he forsake John. 6. and the Lordship, that he so straitly forbade you: luke. 22. have you received of the devil, with that ambitious reign of covetousness, which he left behind him on the High-Mountaine. Math. 4. What ruinous decays hath chanced to all Christen regions and their rulers, for giving swift credit to the fleering flatteries of your Babylonish brood, it were much to writ. Note well. It shall be therefore necessary for our most worthy King to look upon in time, and both to diminish your authority and riches, least ye hereafter put all his godly enterprises in hazard. For nothing else can ye do of your spiritual nature, but work daily mischiefs. As well may ye be spared in the Commonwealth, as may Kites, crows, and Bussardes, Polcutes, Wessels, and Rats, Otters, Wolves and Foxes, Body lice, Flees, and Fleshflies, with other devouring and noisome vermin. For as unprofitable are ye unto it as they, and as little have you in the word of God, to uphold you in these vain offices of Papistry, as they. Note well. This uncommodious commodity hath England had of you always, when ye have been of the Kings privy counsel, and I think hath now at this present honor, that whatsoever godly enterprise is there in doing, be it never so privily handled, yet shall the Popish Prelates of Italy, spain, France, flanders, and Scotland, have sure knowledge thereof by your secret messengers, and you again their crafty compassings to deface it if it may be: See Master Tyndals Practise of Prelates accordingly. Neither shall those realms continue long after, without war, specially if an earnest reformation of your shameful abuses be sought there. And never shall the original grounds of that war be known, but other cases shall be laid to colour it with, as that the King, seeketh his right, his princely honour, the maintenance of his Titles, or the realms Common-wealth, being nothing less in the end, but an upholding of you in your mischiefs. So long as you bear rule in the Parliament House, the gospel shall be kept under, and Christ persecuted in his faithful members. So that no godly Acts shall come out from thence to the glory of God, and Christen Common-wealth, but ye will so sauce them with your Romish Sorceries, that they be ready to serve your turn. Although the Kings Majesty hath permitted us the Scriptures, yet must the true Ministers thereof at your most cruel appointment, either suffer most tyrannous death, or else with open mouth deny Christs verity, which is worse then death. Thus give ye See William Wraughtons hunting of the Romish Fox. strength to his laws, and nourish up his kingdom, whom ye say with your lips ye have refused, your pestilent Pope of Rome. ye play altogether Hick-scorner under the figure of Ironia: That ye say, ye hate, ye love, and that ye say, ye love, ye hate. Let all faithful men beware of such double-day dreamers, and halow-hearted Traytors, and think Note well. whereas they bear the rule, nothing shall come rightly forward, either in faith, or Common-wealth. What other works can come from the Devills working tools, then cometh from the hands of his own malignant mischief? Who can deny the Bishops to be the instruments of satan, understanding the Scriptures, and beholding their daily doings? Note. See Doctor barns his Supplication to King Henry the 8 And another Supplication to him, An. 1544. accordingly. think ye there can be a greater plague to a Christian realm, then to have such ghostly Fathers of the Kings privy counsel? If wise men do judge it any other, then a just plague for our sin, and a yoke laid upon us for our unreverent receiving of that heavenly treasure, the eternal Testament of Christ, to have such Hypocrites, thieves, and Traytors to reign over us, truly they judge not aright. If wee would earnestly therefore repent of our former living, and unfeignedly turn unto our everliving God, as we find in the Testament, I would not doubt it, to jeopard both my body and soul that wee should in short space be delivered of this Romish vermin, rising out of the bottomless pit: Apoc. 9. which eateth up all that is green upon earth, See Thomas Becons Complaint, Supplication fol. 23. or hath taken any strength of the living word of the Lord. For the heart of a King is always in the hands of God, and at his pleasure he may evermore turn it: Prov. 21. Take me not here, that I condemn any Bishop or priest, that is godly, doing those holy offices that the Scripture hath commanded them, as preaching the gospel, providing for the poor, and ministering the Sacraments right. But against the bloody Butchers that murder up Gods people, and daily make havoc of Christs Congregation to maintain the Iewes Ceremonies, and the Pagans Superstitions in the Christen Church. These are not Bishops, but Bitesheepes, Tyrants, Tormenters, Termagaunts, and the Divels slaughter men. Christ left no such Disciples behind him, to set with cruel Caiphas at the Sessions upon life and death of his innocent members: But such as in poverty preached the gospel, rebuking the wicked world for Idolatry, hypocrisy, and false Doctrine. Episcopus is as much to say, as an Overseer, or superintendant, whose office was in the primitive Church purely to instruct the multitude in the ways of God, and to see that they were not beastly ignorant in the Holy Scripture, as the most part of them are now a dayes. Presbyter is as much to say, as a senior or Elder, whose office was also in godly Doctrine and Examples of living to guide the Christen Congregation, and to suffer no maner of Superstition of Jew nor gentle to reign among them. And these two offices were alone in those dayes, and commonly executed of one several person. They which were thus appointed to these spiritual offices, did See Bucerus De Regno Christi, l. 2. c. 12. nothing else but onely preach and teach the gospel, having assistants unto them, inferior officers called Deacons, Acts. 6. 1. Cor. 1. Rom. 3. No godly man can despise these Offices, neither yet condemn those that truly execute them. Not onely are they worthy to have a competent living, 1. Cor. 9. but also double honor after the Doctrine of Saint Paul, 1. Tim. 5. Note. See the Supplication to King Henry the 8. An. 1544. But from inordinate excess of riches, ought they of all men to be sequestered, considering that the most wicked nature of Mammon is always to corrupt, yea the very elect, if God were not the more merciful, Math. 6. Which might be an admonition to our Lordly Bishops, when they be in their worldly pomp, that they are not Gods Servants, believed they his sayings as they do nothing less. I cannot think, that any Christen Bishop or Priest will be offended with, ought that I have written here, but rather prefer it to their power, it making nothing against them, seeking Gods glory and not their own. Finally with heart I desire, that these enemies of the truth be no longer given over of God, but that they may find some just way to repentance, and from henceforth to maintain the pure laws of Christ, as they have in times past, the most filthy traditions of Antichrist;( to wit, the Pope of Rome, from whose Succession and See our Archbishops and Bishops, lineally derive their pedigree and descent, as Master Mason in his book of Consecration of Bishops, An. 613. p. 9. 10. 140. Who thrice together calls the Lords-●●y the Sabbath-day, p. 269. and Doctor Poclington, in his Sermon, entitled, Yet the Homily of the Time and Place of Prayer, 8. several times together, stiles Sunday THE SABBATH, THE SABBATH-DAY, THE CHRISTIAN SABBATH, and that in the year 1550. 4. yeares before the troubles of frank ford. So that Whithingham& Knox were not the first jewish Doctors, that christened i● with that name as this scurrilous Doctor terms 〈◇〉, who though he pleads much in his Sermon for reading of Homilies, yet it seems he had need be set to red them himself, else he would not thus audaciously writ point blank against them, contrary to his own Subscription to them,& the 15. Article; and against the 70. Can. to which calls Sunday the Sabbath-day. Sunday no Sabbath-day, London, 1636. licenced by Master Bray, the Archbishop of Canterburies chaplain, do jointly aver, to our Prelates great honour, whom they thus make the very brats, sons and members of the Popes of Rome, from whom they thus derive, challenge, and pretend their episcopal Authority, Jurisdiction, and Succession, and so are liable to the penalties of the Statute of 27. Eliz. c. 2. and Traytors to the King, if these their flatterers Doctrine, and pedigree, which they give them, be true:) So be it. Thus Henry Stalbridge concludes from basil, An. 1544. and so do I close up this Breviate: For which if any unduetifull or malicious Prelates shall chance to persecute, vex and torture me or any other, for this my Loyalty, love and duty, to my King and country, in laying open these their exorbitant encroachments, both upon King and Subject, I shall answer them as Tertullian once did the Barbarous Heathen Presidents and persecutors of his age, who tortured the poor Christians in his time, who heartily prayed for the Emperor and Publike-weale, with bended knees, and stretched out hands under their God: Sic itaque nos ad Deum expansos ungulae fodiant, cruces suspendant, ign●s lambant, gladij guttura detruncant, bestiae insiliant, paratus est ad omne supplicium ipse habitus orantis Christiani. Hoc agite boni Presides, extorquete animam Deo supplicantem, disceptantem, pro Imperatore. Hoc erit crimen ubi veritas& Dei devotio est. AN APPENDIX. saint Hierom in Epitaph. Nepot. ad Heliodorum, Tom. 1. p. 26. writes thus: The King rules over men, though they will not; Bishops, but over such as will: Kings make others Subjects to them by terrors: Bishops are appointed to serve, not to terrify: Kings keep and rule the bodies until death: Bishops keep and rule the souls unto eternal life, &c. The Surius, Tom. 2. p. 647. second council of towers, Can. 25. confesseth of Bishops and councils themselves, Arma nobis non sunt alia, &c. wee have no other weapons, besides excommunications and anathematizings: Pope Nicholas himself in Gratian. Causa. 33. q. 2. cap. inter haec, concludes thus, The Church hath no other, but onely the spiritual sword. Hincmarus, Archbishop of Rheemes, Epist. 4. c. 1. writes; there are two things, by which the world is governed, pontifical authority, and regal power: and neither may thrust himself into the office of the other. The Church of Leodium in an Epistle against paschal, the second about the year of our Lord, 1107. avers, that all Bishops of Rome,( how much more other Bishops,) from Gregory the 1. unto Hildebrand, Solo gladio spirituali: did use onely the spiritual sword, Waltram, Bishop of Naumberg, l. 2. de De unit. Eccles.& Imper. cap. 4. saith: Hildebrand hath usurped regal authority against the ordination of God, for the Church hath no sword given unto it, Nisi gladium spiritus, but the sword of the spirit. Petrus Damianus, l. 4. Epist. 9. determines in this sort: The offices belonging to Bishops and Kings are proper to each of them: The King is, to use secular weapons, Bishops, the sword of the spirit. Ozias was smitten with leprosy, for usurping the Priests office; Qui praeest fratribus aut Ecclesiae in solicitudine esse debet, non humanarum causarum, nec secularium rerum. Haec autem solicitudo aliena debet esse ab his qui Ecclesiae praesunt. said talem incipiant solicitudinem qualem. Apostolus dicit; Concursus in me quotidianus solicitudo omnium Ecclesiarum. Quis infirmatur& ego non infirmor? Quis scandalizatur,& ego non ●ror? Qui ergò praeest Ecclesiae, talem solicitudinem habere debet,& illam aliam secularem omninò habere non debet. Origen. lib. 9. in Epist. ad Romanos. what then doth the Priest deserve, if he take secular weapons, which are proper to Laymen? anselm, Archbishop of Canterbury, on Math. 26. resolves in this maner: There are two sword in the Church, the one material, the other spiritual; and there are secular Ministers to whom belongs the handling of temporal matters, and spiritual to whom spiritual things belong. The temporal sword is given to secular men, the spiritual to spiritual persons; as the King may not intermeddle with the priestly state, so neither may a Bishop exercise that which belongs to a King: Juo, Bishop of Carnotum Epist. 171. saith; Where the people will not obey the admonitions of Bishops, they are to be left to Gods Judgement:( not fined and imprisoned.) Pope coelestine the third, decrees thus: Extrav. de Judic. cap. cum non ab homine: If a clerk be incorrigible, he must be excommunicated, and then smitten with the sword of anathema; if he contemn that, seeing the Church; Non habeat ultra quid faciat, can go no further then this, he must be punished by temporal power. Gratian himself, Causa. 2. q. 7. cap. Nos si: resolves thus: Note, there are two persons, by which the world is governed, regal and sacerdotal; as Kings are the chief in secular causes, so as Bishops in the causes of God: It is the office of Kings to inflict corporal, the office of Bishops, to use spiritual punishment. Petrus Blesensis writes thus to two Bishops, Epist. 73. Let the Church first exercise her Jurisdiction, and if that will not suffice, then let the secular sword supply, that which wanteth. And Epist. 42. You being chosen for a Bishop, do with bloody conscience use the power of the secular sword; let him exercise the material sword, who hath the power of that sword. Secular powers are ordained of God, that they should have that sword: If you take Christs Ministry, abide in that vocation wherein you are called, leave the government of the people to Lay-men. Guntherus Ligurianus, De Gestis Friderici, l. 6. 7. p. 369. writes thus: Let the Pope govern the Church( with the spiritual sword) and order Divine, not secular matters: that indeed,( saith Spigelius the Scholiast,) is consonant to saint Pauls precept. No man going a warfare, for God entangles himself in secular affairs. Joannis de Parisiis, De Potestate regia& Papali, determines thus, cap. 10. Let us suppose that Christ had such secular power and dominion, as some pretend, yet he gave it not to Peter, and therefore it is not due to the Pope, as he is Peters Successor, which he there proves at large. In Apud Zovium, An. 1327. n. 1. 2. the council of Trent, An. 1327. where there were many Bishops and great Personages of Millan, Mantua, Verona, and other Italian States assembled, it was resolved; That the Popes and Bishops have no Jurisdiction,( Civill or ecclesiastical) from Christ, but from the Emperor, and that the Pope and ecclesiastical persons are subject to secular Emperors. An. 1342. in Aventinus Annalium Boio●um, l. 7. p. 610. 612. Krantz. l. 9. Saxon. c. 15. a council held ad Rheginoburgum, in which the Emperor Lewes the 4. the Kings of England and Bohemia, and the rest of the Empire, as well spiritual as temporal Princes were present, this Edict was published in the Emperors name against Pope John the 22. These two are repugnant and most different, a Crosiar, and a crown, a soldier and a Priest, an Emperor and a Pastor, a sceptre and a Sheepe-hooke; corporal things and spiritual arms, and Sacraments; war and peace, Caesar and a Nuntio, a Prince and a Minister, a Lord and a Servant. For one man to be both a King and a Bishop is a beast of many heads, a two headed Monster: that verily, which wee red in ancient coins and Epigrams, Decius and Nero, and such Tyrants and worshippers of false Gods to have been. It is the abominable scorn and derision of nature, the anger of God, and our sloth and sluggishness, that the Prince of Princes, should serve the Servant of Servants. If the Pope be the servant of the servants of God, why doth he not serve? why doth he not love? why doth he not minister? why doth he not feed? why doth he not teach? why doth he not preach? If he will be that he desires to be, why doth he not follow the footsteps of Christ, of Peter, and Paul, in prisons and various dangers? why doth he lie, play the turn coat, deceive, reign, domineer, out of his greediness of power, he confounds high& low things together for money, all things are venial, he sets God and Hell to sale, why doth he so little esteem the life of Christ, who refused to be an arbitrator between the brethren, desiring him to divide the inheritance between them, but sent those competitors to Caesars Judges, and banished the tribunal from himself, when the people of their own accord offered the kingdom of Palestina, he fled away, confessing his kingdom not to be of this world. Wherefore John the 22. not without the great ruin of himself,& the Common-wealth runs headlong with the lust of domineering: he takes care to usurp other mens rights and employments, which nothing appertain unto him, and neglects his own affairs, namely religion, spiritual things, the manners and lives of men: he bugbeares the Empire of the earth and mortal things, though Christ himself prohibits him; he, who professeth the cross and poverty of Christ, sets up Presidents and Procounsels in another mans territories. Our famous schoolman Dial. pars. 1. c. 6. c. 9. 83. William Occam resolves, That the Pope as he is Christs Vicar, hath power onely to excommunicate, but he hath no power to inflict any greater or any corporal punishment; because, neither Peter nor any other of the Apostles, had coactive or temporal power given them by Christ, therefore neither hath the Pope, who is their Successor, any coactive Jurisdiction from Christ, or by his ordinance, or his appointment; which he there( and Marsilius Patavinus, Defensoris Pacis, pars 2. c. 5. 15. 27.) proves at large. The council of Constance having excommunicated John hus, saith, Sessio 15. They must leave him to the secular power, seeing the Church hath no more higher punishment, that it can inflict. Monarch. pars 1. c. 38.& 70. Antonius Rosselus writes, It is impossible, that both the same man should be a full Bishop, and with all a Civill Emperor, or Magistrate; and he hath a large Chapter to prove this position: That a temporal Empire or Dominion, neither is, nor can be in a Bishop. cardinal Cusanus, l. 3. De Concordia Catholica, c. 41. writes; That the pontifical and imperial powers are both of them from God, either distinct from the other, neither depending on the other; This saith he, was the true opinion of all the ancient Fathers and Writers, although now it be grown doubtful by reason of the sinister desire, which many have to speak pleasing things. Petrus de Aliaco, cardinal of Cameracum, De Ecclesiae authoritate, lib. Prooemio, determines thus: The catholic Church holds and teacheth, that to the Pope as Christs Vicar temporal Dominion is not due, against the second error( of the Herodians,) and that the Pope may have temporal Dominion, by the concession of temporal Princes, or derivation from them, against the first error of the Waldenses. And de Resumpt. Concl. 1. Although both Christ and his Vicar, as he is the head of the Church, hath a spiritual monarchy, yet he hath not a temporal or Kingly monarchy. In Distinct. 24. q. 3. Concl. 3. John mayor lays down this conclusion: That the Popes themselves profess, that temporal Jurisdiction doth not belong unto them; and that the temporal and spiritual power are distinct, neither of them subordinate to the other. Iacobus almain, De Potestate Ecclesiastica& Laica, q. 3. c. 8. avers; that the Pope hath no laical Jurisdiction, Nisi ex collatione Imperatorum& Principum, but by the Donation of Emperors and Princes: and that the spiritual and temporal powers, and Jurisdictions are distinct. Theodoricus à Niem, a Popish Bishop, De Schismate, l. 3. c. 7. saith: The imperial power as also the ecclesiastical, depend immediately of God; and therefore they speak foolishly and flatteringly, who affirm; that the Pope and Church have two swords, spiritual and temporal. These Parasites and Flatterers have brought a very great error into the Church, which raiseth perpetual discord between the Pope and the Emperors. Doctr. fid. Tom. 1. l. 2. Art. 3. c. 78. Thomas Waldensis, our own famous Popish writer, though Wickliffs professed Antagonist, confesseth and proves at large; That the Priest and the King have under Christ, impermixtas potestates, powers which are not actually conjoined in any one of them; the Priest having no temporal power or Dominion. George Hiemburg. In admonit. de injusta usurpatione Paparum S. quibus: reciting the authority of jerome, Origen, Chrysostome, Basil, Barnard, Paul, and Christ himself, against the Popes usurped Monarchy, concludes thus; By these now it doth appear more clear then light, that Christ gave no temporal power at all unto Priests, wickedness did he give the fullness of terrene, and secular power: Nay it doth clearly appear, that this power is both by Christs word and example forbidden to the Apostles and their Successors. In L. been à Zenone Cod. de quad. praesc. n. 4. f. 109. 110 Albericus à Rosate writes: Hence it appears that the pontifical and imperial powers are altogether distinct, and that neither of them depends on the other. Franciscus à Victoria, Relect. 1. De potest. Ecclesiast. Sect. 2. n. 7. concludes; The Apostles had power and authority in the Church, but it was not any Civill power, seeing neither their kingdom nor power was of this world. Albertus Pighius, Contr. 16. Sect. quod Christus, p. 254. seconds him thus: That they say, that Christ gave onely spiritual power to his Apostles, I like it well, and say the same. Duarenus lib. 1. de Sacr. Eccles. Minist. c. 4. determines thus; Bishops have not the right of the sword, nor an Empire or secular Dominion: This belongs to Civill Magistrates, as Christ clearly witnesseth, when he saith; My kingdom is not of this world. The Divines of rheims, in their Annotations on Math. 22. Sect. 3. allege and approve this saying of Hosius. Neither is it lawful for us Bishops, to hold an Empire on earth, neither hast thou O Emperor power, to burn incense and sacred things. Cornelius jansenius, Concord. evang. c. 66. on these words; tibi dabo claves: comments thus; Although Peters power be on earth, yet Christ saith not, that he would give unto him the keys of the kingdom of earth, but of the kingdom of Heaven; That Peter might know, that his power did extend onely to spiritual matters, which belong to the kingdom of Heaven, and not to temporal things. Lib. 5. De Pontifice Romano, c. 1. 2. Yea cardinal Bellarmine confesseth: That the Pope is not Lord of any Province or town, and hath no Jurisdiction merely temporal by any right from Christ. That the Pope as Pope hath not directly and immediately any temporal power, but onely spiritual, it is the Common-Judgement of catholic Divines. Sir Thomas Moore, In exposit. passionnis, De amputata Malchi aure, saith; That which Christ commanded Peter, put up thy sword into thy scabbard, is as if he had said, neither will I be defended with this sword, and I have chosen thee into that place, that I will not have thee to fight with any such a sword, but with the sword of Gods word: Let the material sword be put up into his place, put it into the hands of secular Princes, you that are my Apostles, have another sword to use. Stephen gardener, Bishop of Winchester, in his book, De vera obedientia, proves, That the sword of the Church extends no further then teaching, and excommunication, and that the sovereignty of government, as well in ecclesiastical, as temporal causes belongs to Princes; this being the sum of the book, and of Bishop Bonners Epistle before it, who affirms the same. cardinal Pool, De Summo Pontific. c. 23. sings the same Song; By these words it is shewed, that Christs kingdom was spiritual and ecclesiastical; his Church is no kingdom of this world, but of heaven: This kingdom Christ hath left to saint Peter and his Successors. De Visib. Monarchia, l. 2. c. 4. Nicholas Saunders, haps on the same string: There are two powers( saith he) in the Church: One is ONELY spiritual, and such is the power of Bishops; the other is mixed, being originally secular, but in respect of the end spiritual, such is the power of Kings. Duraeus de Iesuite Confut. Respons. Whitaker, p. 311. allegeth that saying of Barnard as true: Both swords are the Churches, but the material to be used for the Church, the spiritual by the Church. Robert person, that busy jesuitical polipragmon in all states, protests thus, Treatise of Mitigation, c. 2. n. 29. Wee catholics give no monarchical civill power, or Soveraingty unto the Pope over Princes or their Subjects, but that Soveraingty onely which belongs to the spiritual head, which is onely spiritual, and for spiritual ends. And George Blackwell the Arch-priest concludes: Large examination of George Blackwell, p. 70. 71. 72. That the Pope hath no temporal, but ONELY spiritual authority; and that the Popes spiritual authority extends no further then to the Censures of the Church properly so called. From all these concurring Romish authorities, both foreign and domestic, of ancient modern and present times,( for I have purposely omitted all Protestant writers, who speak more home and fully to the point, because our Bishops little regard them,) these four conclusions necessary arise. 1. First, That temporal and spiritual jurisdiction, are so distinct and several in their own natures, that they ought not to be confounded in any one Prelate, or spiritual person, no not in the Pope himself: therefore not to be conjoined in our Bishops, or executed both together by the selfsame persons in one, and the selfsame Court and cause; as they are now of late by our Bishops and others, in our ecclesiastical High-Commissions; who there smite with both swords at once, and inflict both temporal, and ecclesiastical Censures on one and the selfsame persons, at the selfsame time, for one and the same offence; as their daily practise witnesseth, contrary to all Courts and Presidents whatsoever in former ages, either at home or abroad. 2. Secondly, That neither the Pope himself,( of whom most of these authorities are particularly meant,) nor any other Archbishop, Bishop, Prelate, or ecclesiastical person whatsoever, hath, or ought to have, or exercise by the Law of God, any temporal power or jurisdiction, directly, or indirectly, being in express terms prohibited them, by Christ Math. 20.25.26.27.28. Mar. 10.35. to 46. Math. 23.10.11.12. Luk. 9.46.48. c. 22.25.26.27. Math. 18.1.1. Pet. 5.1.2.3.4.5. himself; but, to content themselves onely with the spiritual sword, and Censures, and that authority which Christ hath given them. Therefore they neither may nor ought to bear any temporal office, magistracy, rule, or judicature in the Common-wealth, nor yet to inflict any civill temporal Censures or punishments,( as fines, imprisonments, confiscation of goods, loss of freeholds, banishment, suspension from mens lawful trades and vocations &c.) on any of his Majesties Subjects, especially for ecclesiastical,( and oft times for no) offences,( as they daily do in the High-Commission, contrary to Law and the practise of all former ages,) but onely to rest, satisfied with ecclesiastical Censures, and to proceed no further. 3. Thirdly, That no ecclesiastical persons, by virtue of any ecclesiastical power or jurisdiction, could fine, or imprison, or inflict any other temporal punishments on any man for ecclesiastical offences, but onely punish him with No ancient general councils did ever imprison heretics or Scismatickes or fine them for these faults, but onely excommunicate, or deprive them. ecclesiastical Censures, before the making of the Statute of Eliz. c. 1. Therefore the Statute, uniting onely the ecclesiastical Jurisdiction to the crown in that state as then it found it, abolishing the Statute of 2. H. 4. c. 15. and all other Acts against heretics, and giving the queen her Heires and Successors, a power onely to delegate her ecclesiastical( not her temporal) jurisdiction to the High-Commission, neither gives nor intended to give the High-Commissioners, any power at all to fine or imprison any Subjects, or to inflict any corporal or temporal Censures on them for ecclesiastical offences, as it is now their daily practise. 4. Fourthly, That it is as unseemly, as unlawful for Bishops and ecclesiastical persons to bear temporal offices, manage civill affairs, or exercise temporal jurisdiction, Censures, or Dominion over others, either in secular or Church affairs, as it is for Emperors, Kings or temporal Magistrates, to exercise the function of Bishops or Ministers, to red Divine Service, preach, administer the Sacraments of baptism and the Lords Supper, confer Orders, and the like; or to excommunicate men in their temporal Courts, for secular crimes. And that as Kings, and temporal Magistrates, continuing such, cannot do not ordinarily exercise the Bishops, or Ministers spiritual function, or inflict ecclesiastical Censures, no not by a special deputation, licence, or authority from Bishops and Ministers, so they on the other side, by the same reason cannot, may not, by themselves alone, or by virtue of any special Patent, or Commission from Princes and temporal Magistrates, exercise any Civill or temporal jurisdiction, or inflict any temporal Censures on men for Civill, much less for spiritual offences; because such jurisdiction and Censures are unsuitable to their callings, and directly prohibited them by Math. 20.25.26. Luke. 22.25.26.27. Christ, in universal negative terms; whose inhibition will prove merely nugatory, if Kings by special Patents or Commissions, may authorize them, to execute that power, that authority, which he so expressly forbids them to intermeddle with, and so dispense with them against the very letter of Gods word, which no King can do. Each of these conclusions is naturally deduced from, and fully warranted by all and every of the premized authorities; which I wish our ambitious Prelates( with our temporal Magistrates, Lords, and Iudges,) would now at last seriously consider. Wee red in all our ancient and late Acts of Parliament, that Lord spiritual and temporal, are contra distinct terms, and Titles designing two different ranks and conditions of men, occupied about different objects, and employments. But our present ambitious domineering Prelates quiter confounded these Titles, and will be Lords temporal as well as spiritual, wielding both swords,( with which like Walterus Naumberg. l. 2. de unit. Ecel●s.& Imper. c. 2. the Bishops of Pope Hildebrands faction, corporum simul& animarum sunt homicidae, they are become murderers, both of mens souls and bodies,) swaying the Church and Commonwealth at once; just like Centur. Magd. 8. Col. 815. See Math. Westm. An. 946: Dunstans dream. Ludgerus, Bishop of Monster, who gave both a sword and a pastorall-staffe crossed, for his arms; exercising both secular and spiritual Jurisdiction, prefigured by this Coat of arms: or like Paral. abbess uspergensis, An. 1298. p. 343. 344. Platina& Balaeus, Bonifacius 8. Pope Boniface the 8. who boasting, that he had the power of both sword, shewed it by his actions also, when in that great jubilee, An. 1300. he road the first day as Pope in his Pontificialibus, and the next day in his imperial Robes, with the imperial crown, having a naked sword carried before him, and one proclaiming with a loud voice, Ecce hic dvo gladij, behold here are two swords, the spiritual and the temporal, both in my hands and disposing. Alas, should the godly humble poor Qui vocatur ad Episcopatum, non vocatur ad principatum, said ad servitutem totius Ecclesiae. Origen. Hom. 6. in Isaiam. unlordly Bishops of the primitive Church, who had no such worldly honours, offices, state, pomp, or secular power, as ours now enjoy, arise out of their graves, and behold the temporal and spiritual Dominion, Wealth, Habits, Port, Proceedings, Censures, and employments of our present Prelates, they would rather deem them Monsters, then Ministers; Flamines, then Christians; Pilates, then Prelates; Lucifers, then Preachers; Wolves, then shepherds; Tyrants, then Overseers of Christs flock; yea Popes and Princes rather then Bishops of Divine institution: And as the Homily of our Church, for Whitsunday, confirmed by the 35. Article of our Church, in a full Synod at London, An. 1562. The Cited by Doctor Crackenthorpe of the Popes temporal Monarchy, p. 167. national Synod of all the reformed Churches in France held at Ga●e, 1603. with the national synod of Ireland, held at Dublin, An. 1615. Articles of Ireland, n. 79. 80. have expressly defined the Bishop of Rome to be that man of sin, & verum illum& germanum Antichristum, that true and proper great Antichrist, foretold in Scripture,( though ignorant doting.) Master Schelford Antichrist yet not come p. 297. 299. hath of late affirmed in print, that the Pope was never yet defined to be the Antichrist by any synod, when as these 3. late synods, together with the whole synod of all ancient and modern See cattle. Test. Veritatis. Gualther Danaeus, George Sohnius, Thomas Beacon, Richard Brightwell, Bishop Abbot, Bishop Downham, Doctor Whitaker, Doctor Willet, Doctor Beard, powel, Squire, with others of Antichrist: Archbishop Whitgift, when he commenced Doctor at Cambridge, An. 1569. and answered the Divinity Act at the Commencement, maintained this Position; Papa est ille Antichristus. Sir George Paul in his life, p. 5. Protestant writers of our own and other Churches, with sundry Papists, have expressly resolved him to be that Antichrist, because he bugbeares both swords, and takes upon him temporal and spiritual Jurisdiction over Princes and people, erecting a temporal and spiritual Monarchy in Christs Church. So these godly Bishops,( of which there are many in every Church, not one over many Churches, in the primitive times, Phil. 1.1. Acts. 20.17.28. c. 14.23. 1. Tim. 5.13. Tit. 1.5.) beholding our Prelates just like the Pope, usurping both sword, yea a Kingly, a papal Monarchy in Church and State, exercising as well ecclesiastical and temporal jurisdiction, and Censures over Clergy and Laity, would certainly deem them none of Christs Apostles, nor any of their Successors, but the very limbs and members of that Roman Antichrist, from whom Doctor Pocklington, in his Sunday no Sabbath, p. 2.& 48. derives their lineal pedigree. Mauritius de Alzedo, that learned Spaniard, in his book De Praecellentia Episcopalis dignitatis, c. 1. Sect. 21. &c. 8. Sect. 29. assuring us in direct terms, that such Bishops are, Membra& pars corporis Papae, the very members and limbs of the Popes body,( which he reckons up among other their episcopal Praeeminences;) against whose temporal Monarchy, tyranny, and jurisdiction, ( claimed by a temporal forged See Doctor Crackenthorpes Defence of Constantine, and of the Popes temporal Monarchy. Donation from Constantine, Phocas and others) at first, our present Bishops can neither writ, nor preach, seeing they claim, use, and exercise, both spiritual and temporal Lordship, jurisdiction, Censures, &c. ( like so many petty See Antiquitates Eccles. Brit.& Godwin in the life of anselm, Archbishop of Canterbury. Popes of another world,) as well as he; which neither the King himself, nor the Parliament immediately do. Good God, how different were the ancient godly Bishops in the primitive times for ours now? They were contented with a little Cottage, mean householdstuff, d●e●, apparel, small revenues, and one Deacon onely to attend them, decreeing even in council. Carthag. 4. Can. 14. 15 20. &c. Gratian. Dist. 41. councils, that Bishops should rest satisfied therewith, and not admit of any worldly pomp or State in all, or any of these particulars; But our Prelates must have Princely Palaces, Lordly furniture, Provision, Diet, Attendants, Revenues,( what to do?) that they may live more viciously, idly, unchristianly, and preach far less, then ever they did before. I red of holy Socr. Scholast. Eccles. Hist. l. 1. c. 12. in the greek, c. 8. in the English copy. Hist. l. 1. c. 10. Niceph. Eccles. Hist. l. 8. c. 42. Spiridion, Bishop of Trimithous, a City in Ciprus, famous for many Miracles, that when as he there exercised the office of a Bishop, yet for his singular modesty, he kept also a flock of sheep, being both a real and spiritual Pastor of sheep, and men at once; Elected at first a Bishop, from a mere godly virtuous shepherd. Yet this would be thought a Monster in our dayes, to see a Bishop a shepherd, or a shepherd made a Bishop: I find it storied of Zeno Niceph. Eccles. Hist. l. 12. c. 47. that famous Bishop of Majuma or Constantia, who lived till past an hundred yeares of age, that though he were the greatest and the eminentest Bishop of that Country, having the greatest and the most populous Churches and cities, yet he kept a solitary private weavers shop, wherein he weaved linen, getting his meat and drink, and some thing likewise, to relief the poor withall, by this his occupation; which he continued constantly in his old age, even till his death. Notwithstanding, he never in all his time omitted the appointed morning and evening, hymns, liturgy, and preaching, unless sickness hindered him. But now it would be thought not onely a ridiculous thing to see a Bishop, yea a great Bishop, get his living by weaving, or a weaver made a Bishop: But to see a godly Christian weaver, to pray, to red, or expound a chapter, repeat a Sermon, or Discourse of the Scriptures privately in his own house, to his own family, and his Christian Neighbours, after public exercises on the Lords day, or any other good occasion, yet saint Hierom on Coll. 3.16. writes thus: Here wee are taught, that even the Lay-men ought to have the word of God, not onely sufficiently, but also abundantly, and one to instruct and warn the other; and he further relates; In Ps. 133. That both men, and monks, and married wives in his time, were wont commonly to contend among themselves, which of them should learn most Scriptures by heart. And Theodoret De corrigendis Graeco um affectiibus lib. 5. writes thus, by way of rejoicing and triumph, of the Christians in his age; ye may commonly see that our Doctrine is known not onely of them that are the Doctors of the Church, and the Maisters of the people, but also even of the Tailors, and smiths, and Weavers, and of all Artificers; yea and further also of women, and Sewsters, and Servants, and Handmaydens: neither onely the Citizens, but also the Country-folkes, do very well understand the same: Nay ye may find even the very Ditchers and Delvers, and Cowheards and Gardiners, disputing of the holy Trinity, and of the Creation of all things; what then shall we think of Bishop Wren, who in his late For his diocese of Norwich. Visitation-Articles, prohibits, not onely all Lay-men and Artificers, but even Ministers themselves to discourse of the Scripture, or of any matters or points of religion at their Tables, and Feasts? contrary, not onely to Gods express command. Deut. 6.6.7.8.9. c. 11.18.19.20. Col. 3.16. 1. Tim. 4.4.5. contrary to our Saviours and his Apostles express examples, who dicoursed of divine matters, and reasoned of the Scriptures even at Feasts, and meales, Luk. 9.29. to 39. c. 14.1. to 23. c. 22.14. to 29. John. 7.37.38. c. 12.2. to 13. c. 13.2. to c. 18.1. c. 21.9. to 23. Acts. 2.46.47. c. 20.11. 1. Cor. 11.23.24.25. Mar. 14.3. to 10. contrary to the practise of the primitive Christians tertul. Apologia, advers Gentes, p. 696. in Tertullians dayes, who at their love Feasts used to discourse out of the Scriptures one to another, as every of them was able provoking one another to singing the psalms, and holy conference, beginning and ending their Feasts with solemn prayer: Contrary to saint Hom. 4.6.9& 14. in Genes. Hom. 5.& 78. in Math. Chrysostome, who in his 1. and his 10. Homilies upon Genesis and other places, Hom. 4.6.9& 14. in Genes. Hom. 5.& 78. in Math. exhorts all men in their houses, both at their feasts, and before and after meales, to take the holy Scriptures or Bible into their hands, to red and discourse of it, one with another, and thereof to reap great profit, and to administer spiritual food to one anothers souls: But also directly contrary to the synod Surius council. Tom. 3 p. 292. of rheims, An. 813. Can. 17. the Surius Tom. 1. p. 312. Decree of Pope Eusebius, An. 369. the determination of Gregory Nazianzen. Oratio 38.& 48. and the very Canonists, ivo Decretal. pars. 13. c 75. Buchardus Decr. l. 14. c. 7. joannes Langhecrucius, De Vita& Honest. Ecclesiasticorum, l. 2. c. 16. p. 284. and Canon-Law itself, which expressly enjoin all Bishops, Abbots, and Ministers to have a Chapter red at their Tables, at all their Feasts and Meales, and then to expound discourse, and draw exhortations from it, that so they may feed their guess, not onely with corporal, but likewise with spiritual food of Gods word, that so whether they eat or drink, or whatsoever they do, God in all things may be glorified through Jesus Christ. In imitation whereof, in all colleges and Halls in both our Universities the Bible-Clerke reads a Chapter to them in the Hall every meal, that so they may all Discourse of it at the Table, whiles they are eating: yea the very Xenophentis Conviv. Plutarchi Sympos. See justi Lipsij Saturnalia and Puteani Comus. Heathen Philosophers, had so much divinity in them, as to judge Feasts fit seasons for their philosophical and moral discourses, which they accounted their theology; yet this most gracious Prelate is grown so outrageously impious, and sottish, as to prohibit Ministers themselves and people, to talk of matters of religion at their meales and Feasts,( when wee should Deut. 16.14.15. Esth. 8.16.17. Ps. 81.1.2.3. Ps. 145.1. to 17. Acts 2.46.47. praise God most, and discourse most of his mercies towards us, and those his good creatures he then bestows upon us,) enjoining Churchwardens upon their oaths, without and against all Law, and Canon to present those as delinquents, who out of conscience, or piety shall presume to do it even in affront of the very Doctrine of the Church of England 〈◇〉 Bishop Jewels Apology in defence thereof,( commanded to be had in every Church,) part. 5. c. 3. Divis. 4. where he proves out of several fathers, that lay men of all sorts, may, and ought to red the Scriptures, and Discourse of them in their houses with their Families, guests, and neighbours, at their Feasts and Meales; and approoves that Exhortation of saint Chrysostome to his people, Hom. 6. in Gen. Let one of you take in hand the Holy Bible, and let him call his neighbours about him, and by the heavenly words let him refresh both their mindes, and also his own; yea this Father Hom. 8.9 10.14. in Gen. Hom. 5 in Math. Hom. 2. in joan. Hom. 20. in Ephes. frequently exhorts men to call their families, children, wives, servants, friends, and neighbours together, and to repeat the Sermons, they hear at Church together, after the Sermon ended,& to tie themselves by an unrepealible Law to do it, every one of them repeating what he shall remember, to inculcate what they had heard, Hom. 20. Bibl. Patr. Tom. 5. pars 3. p. 766. E. G. H. and imprint it more deeply in their mindes; and Caesarius Arelatensis, an ancient Father, though a Bishop, doth the like,( to omit Expos. on the fourth commandment. Bishop Babington, and Doctor postil on Sexagesima Sunday, p. 202. 203. Boyes who do the same:) which now some gracious, or rather graceless Prelates, contrary to the practise, judgement and learning of all ages, define to be an odious Conventicle, punishable in their High-Commission Courts, with no less then heavy fines and imprisonments and open recantations of this godly practise, which no age was ever so impious or stupendiously wicked as to deem a crime, an unlawful Conventicle till ours now: So far are our present Prelates degenerated, not onely from the poverty, but likewise from the piety of those ancient Bishops in the primitive Church. But to return again from their piety to their poverty, from which I have digressed See his life before his works: and Master Whethenhall his discourse, p. 44 45. 46. saint Ambrose, that great Bishop of milan, ( whom Valentinian the Emperor deems the onely man, worthy the name of a Bishop, and both he and Theodosius most honoured and respected of all the Bishops of that age,) used this for his maxim, Gloriosa in Sacerdotibus Domini paupertas; that poverty is a glorious thing in the Ministers of the Lord; that sumptuous palaces and secular affairs, appertained not to Bishops, but to Emperors and Princes, yea this famous Bishop,( writes Costerus and others in his life,) was not beset with a company of servants, or attendants to guard his person, neither was he dreadful or formidable for his greatness; but he was poor in Substance and revenues; accounting the treasures and revenues of the Church, the alms of the poor: he was so far from the pestilence of covetousness and ambition, that after he had spent all, he had in virtuous and charitable uses, having now nothing left in his house wherewith he might relief the poor, or redeem captives, Possidonius in vita Augustine, c. 24. he broke in pieces the Chalices and vessels of the Temple for that purpose commanding them to be melted and distributed to the poor, saying, Officiorum, l 2. c. 28. See the 3. part of the Hom. against the peril of Idolatry, p. 68. that the Church hath gold not to keep it, but to bestow it on the necessities of the poor, and that the adorning, and decking of the Sacraments is the redemption of captives. saint Hierom,( the learnedst greatest Father in his age, and in most request,) writes thus of himself, like a Levit and a Priest, I am maintained by the offerings of the Altar: having food onely and raiment, I am therewith content; and being a naked fellow myself, Epist. 2. c. 5.& Epist. Augustino. I follow the naked cross of Christ. Ego in parvo, &c. I living in a small little Cottage with monks my fellow sinners dare not determine of high matters. saint Possidonius de vita Augustini. c. 21. &c. Augustine, B●shop of Hippo,( the most judicious and eminentest of all the Fathers, and learnedst Doctor in his age, who not onely writ almost infinite Volumes, but even to the extremity of his sickness preached the word of God in his Church cheerfully, and boldly with a sound mind and Judgement IMPRETERMISSE, without any intermission at all; had but mean ordinary apparel, a frugal and spare Table, which had some times flesh upon it, among the herbs, and pulse,( his ordinary fare) for strangers, and those that were sickly: he had no plate at all at his Table, but onely a few silver spoons, the other vessels and dishes for his Table, being all of wood, earth, or ston, and at his Table he all ways had and loved reading or disputation rather then eating and drinking, banishing from it all superfluous and idle tales, and detractions:( For which if he were now alive with in Bishop Wrens diocese, he should certainly be presented on his new Visitation Articles, inhibiting such discourses and disputations of religion at the Table;) he constantly visited the poor, fatherless, widows, afflicted, and sick persons, with whom he usually prayed, but other visitation of his diocese then this, I find not, that he kept, neither red I of his Visitation oaths and Articles for Churchwardens to present on: he never enriched any of his kindred, and when he died, he made no will at all, quia undè faceret pauper Christi non habuit; because the poor Saint of Christ had nothing at all left him to bequeath. Gregory See his life before his works. Nazianzen the great learned famous Archbishop of Constantinople,( which See he afterward resigned, though then the greatest in the world, contesting with Rome itself for precedency, which Platina& Balaeus, Bonifacius 3. some Emperors gave it before Rome,) even whiles he continued Bishop of that City, was destitute of all outward pomp, state, riches, and possessions, for in a solemn Oratio 35.& Carmina, De rebus suis, p. 895. Oration to 150. Bishops, he saith thus of himself; that he had no dainty or rich furnished Table, no costly pontifical robes, no stately Princely palace, no troops of servants attending on him, no stables of horses, or flocks of sheep, or cattle, no store of gold, silver, or riches, no costly household stuff, or Courtly entertainment,( all which he much inveighes against, as not fit and decent for Bishops:) bread, salt, and water were his usual food, and diet: his apparel, household stuff, fare, attendance were all mean, course and frugal without any pomp, or State at all, like a true evangelical Bishop, he bestowing that revenue on the poor, which other Bishops spent upon their pride and lusts. See his life before his works written by divers. saint Chrysostome his successor in that eminent bishopric, was so poor, that when the Emperor threatened to seize upon all his goods, if he would not leave his Church, he replied, that he weighed not his threatening, for he had no goods at all to seize on; when he was exiled, he lived upon other mens allmes, and was so far from this opinion, that Bishops and Ministers ought to have great revenues, Lordships, and possessions, as our Prelates dream, that in Hom. 33. in Math. Hom. 21. in 1 Cor. Hom. 9. in Phil. 2.& in 1 Tim. 5.17.18. sundry of his Homilies he writes expressly to the contrary, that they ought to have onely necessary food and raiment, and so much as shall provide them books and other conveniences sufficient onely to sustain their lives not to maintain or satisfy their pomp, pride and luxury, and that Bishops and Ministers ought to demand or seek no more then convenient, competent maintenance from those to whom they preach, though they be never so diligent in their preaching; but nothing at all, if they seldom or never preach, as our Prelates do: of whom I may use that exclamation, in Cap. 20. Sect. 2. Onus Ecclesiae, concerning the Bishops of that age, Heu quis Episcoporum hody praedicat, aut de animabus sibi commissis curat? Nicephorus Call. Eccles. Hist. l. 18. c. 34. John surnamed the Almoner, Bishop of Constantinople, was so poor, that borrowing certain money of the Emperor, to redeem captives and relevie indigent people, he acknowledged a Statute to him of all his goods for the repayment of it, he dying shortly after, the Emperor sent his officers presently to seize on all his goods for his debt, who found onely a little wooden narrow bedstead, a poor threadbare thin gown, and an ill favoured cloak,( all the goods this great second Prelate of the world then had;) which the Emperor Mauritius caused to be carried into his Palace, preferring them before the richest furniture in his wardrobe; yea See Godwins cattle. of Bishops in the life of Aidanus, p. 628.& Beda. Math. Westminster Will. Malmes briensis de Gestis pontiff. passim. all our own famous ancient first Bishops, were so humble, mean, and liberal; that they went about the Country on foot from place to place,( where our Bishops have their Coaches, with four or six horses to travel in,) with a Deacon or two attending them, habited in mean apparel without any Ep●scopall pomp, or state, preaching the gospel daily every where to the people, giving all their goods to the poor, and not meddling at all with any worldly employments or affairs; which are so incompatible with Bishops, and Clergymen, that even by the Canon-Law itself, if Distin. 88 Gratian may be credited, a Bishop, or priest, or Deacon, who takes upon him any temporal office or intermedles in secular causes or employments, ought to be deprived for it, which he saith, is the very Canon of the Apostles, and of sundry Fathers and councils there cited by him to like purpose. If then all these most famous Bishops and Fathers of the Primitive Church were so poor in revenues and estate; so mean in their apparel and household stuff, so frugal, and temperate in their meat and drink; so moderate in their attendants, so destitute of all worldly honor, pomp, possessions, palaces, Offices, jurisdiction, State, &c. though most glorious of all other in true piety, learning, virtue, worth, and diligent preaching, writing, praying, almsdeeds, fasting, and the like, yea the chiefest ornaments, lights and pillars of the Church; what colour or reason is there for our present Lordly Prelates,( who fall infinitely short of their incomparable piety, worth and merits,) to enjoy such large possessions or revenues, even for sitting mute, and doing little or nothing else but mischief; or to assume unto them such papal power, authority, pomp, and estate, such secular dominion and employments as now they do enjoy? certainly this novel Generation of ambitious Prelates, hath forgotten that Precept of saint John, 1. John. 2.15. Love not the world, nor the things of the world, if any man love the world, the love of the Father is not in him; For all that is in the world, the lust of the flesh, the lust of the eyes, and the pride of life, is not of the Father,( therefore not Jure divino, as they pretend then their episcopal State and dignity is,) but it is of the world: yea I fear they have abjured in their Bishoplike Consecration, that serious Vow their Godfathers and Godmothers made, and solemnly vowed for them in their baptisms, The form of public baptism, and the catechism, in the Common Prayer-Bo●ke. even to forsake the devil and all his works, the vain pomp and glory of the world, with all covetous desires of the same, and the carnal desires of the flesh, so that they would not follow, nor be lead by them; and that prayer after it; that they may led the rest of their life, according unto this beginning. Since they so earnestly hunt after, follow and contend for all these particulars, as soon as they become Bishops, which they thus renounced when they were first made Christians; so as we may fear from that time, they were first enoyled Lord Bishops, they in a maner ceased to be Christians, in that they commonly from that time forward if not before, follow and embrace the devil and his works, the vain pomp and glory of the world with all the covetious desires of the same, and the carnal desires of the flesh, by which they are usually lead; hav●ng stately palaces and householdstuff, like See A●entinus Annal. Boyorum, l. 4. p. 279. 322. Bernard Concio 77. in Cant. Cant. In Concilio Rhemensi; ad Clerum, ad Guilielmum Abbatem Apologia: Bishop Latymers Sermon of the Plough, Mr. Tyndals Obedience of a Christian man, and practise of Popish Prelates. princes large annual revenues and possessions like Lords, excessive ambition, pride, yea envy and malice and cruelty in their harts, and actions to like Devills, gorgeous pontifical robes, and disguises like Courtiers, or Maskers, sumptuous provision, and diet like Epicures, variety of wines, strong drinks and waters like the Priests of Bacchus, great troops of ruffianly deboist servitors and attendants like Barons, stately Palfries and Coaches, like Romish Cardinals, and both spiritual and temporal Jurisdiction,( which neither King nor Parliament, nor any temporal Lords whatsoever have, who can neither interdict, excommunicate, nor inflict any ecclesiastical, but onely temporal Censures immediately upon any as our Prelates teach,) like absolute Popes and Antichrists, smiting down the faithful Ministers, gospel, and people of God with both hands and swords at once, and persecuting the very profession of religion and Christianity, which hath advanced them to those places, honors, possessions, riches and Jurisdictions they now enjoy; the old proverb being really verified in them: Thomas Becons Reports of certain men. Religio peperit Divitias,& filia devoravit matrem. The book Cap. 20. Sect. 8. called onus Ecclesiae, complains thus of the Bishops of that time: Episcopi impudentes in divinis mundanam diligunt sapientiam, magis officia fisci,( as the new Lord Treasurer and others experimentally witness,) quam opera Christi exequentes. Ornant corpora sua a●aro, animas autem luto, apud eos verecundia est exercere spiritualia gloria tractare scurrilia. Episcopi pecuniariis actibus incumb●●●t. After which he expostulates with them thus: At cur Angelus Dei( sic enim appellatur Episcopus,) temporalibus rebus oneratur, quae vel homini bono sunt indigna, quibus usurarij sunt divites,& quibus tyranni nuncupantur magni? Minimè itaque decet Episcopos onerari iniquo Mammona, neque eidem servire vel temporalium seu vilium rerum esse procuratores, quoniam per usum hujusmodi temporalium ipsi Episcopi suam dignitatem magis vilipendunt quam augent, ac debito destituantur circa subditum populum honore& populus Christianus orbatur dignis Episcopis quoniam sacra dona spiritus sancti extinguuntur, atque confunduntur cum prophanis mundi donis. Episcopi igitur( juxta Pauli decretum,) si secularia negotia habuerint ad ea alios constituant, non enim aequum est, eos relinquere verbum Dei& ministrare mensis: quamobrem ultro rejicere vel certè contemptui habere debent, bona& officia temporalia,& sic possidere quasi non habeant, nam eos qui ad spiritualis vitae tranquillitatem sunt destinati, non decet protrahi ad mundanos tumultus, neque in rebus ca lucis versari; alioquin ipsi dicuntur mortui, qui sepeliunt mortuos. We may take up the same complaint against, and make the same expostulation with our Bishops now. It were therefore heartily to be wished, that our over-ambitious swelling secular Lordly Prelates,( whose chief employments now are not to preach the Gospel diligently and frequently to the people, but Flamines illi Babiloniae soli regnare cupiunt far parem non possunt, non desistent, donec omnia pedibus suis conculcaverint, atque in templo Dei sedeant, extollanturque supra omne id. quod colitur: fames opum, si●is honorum inexplebilis est &c. Aventinus and alium Bolorum, l. 7. p. 547. to sway whole States and kingdoms, and the world itself to manage all temporal offices to cread down the Common and Statute laws of the realm, and advance the Popes Canon laws and Decretals; to invade his Majesties ecclesiastical Prerogatives, and the Subjects Liberties; invent new taxes and impositions; imprison, fine, deprive, persecute, banish, and excommunicate his Majesties faithfullest Subjects; suppress all godly Ministers, Lecturers, and preaching; all private fasting, prayer, repetition of Sermons, reading of Scriptures, and holy conferences; Set up all Popish Ceremonies; to prescribe new Visitation Oath and Articles, erect new Altars, Crosses, Crucifixes, turn Communion-Tables Altarwise, to usher auricular confession, Popish penance, and absolution, with other Popish and Arminian tenants into our Church again; and an whole deluge of profanes; to undermine religion, &c.) would now at last so far remember themselves, as out of Conscience to give over and renounce their bishoprics,( as Platina Onuphrius Volaterranus, Stella& Balaeus, Celestinus 5.& Bonifacius 8. Pope coelestine the fift, Math. Westminster. An. 932. Godwins Catalogue of Bishops, p. 216. 58. 564. Frithstane, Bishop of Winchester, John of Beverley, Archbishop of york, with divers other Bishops formerly have done,) or at leastwise to abandon their worldly secular Lordly pomp, jurisdiction, Tyranny, Censures, Possessions, with all other superfluities, which the primitive Bishops never challenged, exercised, or enjoyed; or in case they refuse to do it, that his Majesty with his honourable Lords and Conuncell would compel them to foregoe them; reducing all Bishops to their primitive condition, and confining them onely to their spiritual functions, both for the securing of the Kings ecclesiastical Prerogative from all their unjust encroachments on it, and the easing of the poor oppressed Subjects from their intolerable tyrannies, oppressions, persecutions, vexations and yokes of bondage. It was a complaint against the Lordly swaying Prelates of old, Onus Eccles. c. 20. Sect. 7. f. 38 Quod quoniam Imperium sibiipsis gerunt, non haeredibus, magis expilant quàm ornant patrimoniam Christi, perfide quasi praeda sit abjecta, non provincia: This being a received position, which experience then taught to be most true, Si sibiipsi Onus Eccles. Ibid. Episcopi gerunt Imperium, sunt tyranni; si reipublicae, negociosissimi: We may to our great grief affirm the like, and take up the same of our Prelates now; if not that of Define mundi& Onus Eccles. l. 21. Sect. 4. 12. Vincentius Beluacensis of the Prelates of his age, to: O quanta nunc est obduratio in Ecclesia Dei: Prelati sunt superbi, vani, pomposi, symmoniaci, avari, luxuriosi qui finem in terrena mensura ponunt, curam Ecclesiasticam negligunt; sine charitate, gulosi, pigri, quia nec celebrant, nec praedicant, said scandalizant; Suas Vices& Ecclesias committunt illis, quos non in pascendis ovibus, said in tondendis, mactandis, imò in excoriandis peritos noverint, ceu mercinariis, à quibus temporale lucrum& animum censum augeri gaudent,& fomenta suae avaritiae accumulant. Simplicibus subditis in humero onera gravia,& importabilia frequenter imponunt, siquidem pro leuibus causis aliquando Minorem, aliquando Majorem cudunt excommunicationem, suspentionem, interdictum aliasvè censuras, quibus à miseris suis ovibus pecunias extorquent, in suam perniciem ac invilipendium Ecclesiasticae Disciplinae, &c. Wherefore I shall conclude with that prayer of Annal. Bojorum. l. 4. p. 322. Aventinus, Faxit Deus Optimus Maximus, ut meliorem mentem debt Pontificibus nostris, uti omisso luxu fastuque, divitem principem tenebrarum sequi desinant, fallacissima hujus mundi caduca atque fragilia, bona fastidiant, Christum pauperem aemulentur ejusque calicem bibere, ejus crucem humeris portare tandem descant; Itâ fiet ut vulgò malè ultra non audiant, atque castigentur, quod gregem Christianum populum Dei peculiarem compilent, vermident, deglubant, tanquam escam panis devorent, adeò ut tolerabilior, miseris foret conditio sub Imperio Turcorum. said malè ominatis verbis parcamus. And with that memorable Sinodall Constitution of cardinal pool himself, and the whole Convocation at Paules in London, An. 1556. Antiquit. Brit. Eccles. p. 419. Because the example of life, brings great Authority to the word, and is as it were a certain kind of preaching, therefore care is to be taken that those who are set over others, should excel others, both in the honesty of manners and holiness of life and likewise in that praise of governing of their own house well, which the Apostle requires in Bishops. Let Prelates therefore use no pride, no pomp, no silk garments, no precious household stuff, let their Table be frugal, and sparing, having not above three or at the most four sorts of meat,( which likewise in respect of the present time; we rather grant by way of indulgence then of approbation,) besides fruits and junkets, what strangers or guests soever they have. Let the other sauce and furniture of their Table be charity, the reading of the Scriptures and holy books, and Godly discourses,( A direct ●ecke to Bishop Wrens late Articles,) Let them abstain from a munereus and superfluous multitude of servants and horses, and be content with so many attendants, which shall be necessary foor the administration of the charge committed to them, the government of the house, and use of his daily employments, which frugality and decree of his being approved both by Archbishop Cramner, his predecessor, and matthew Parker his successor may for ever curb the Ambition, luxury, and excess of our present Lordly Prelates who transgress the bounds of this Constitution. Master William Tyndall his Obedience of a Christian man, p. 114. 146. 135. and page.. 285. AS thou canst heal no disease, except thou begin at the roote, even so canst thou preach against no mischief, except thou begin at the Bishops. Whether Iudas were a Priest or no, I care not what he was; but of this I am sure, that he is now not onely Priest, but also a Bishop, cardinal, and Pope. Bishops that preach not, or that preach ought save Gods word, are none of Christs, nor of his anointing, but servants of the beast, whose mark they bear, whose word they preach, whose Law they maintain, clean against Gods Law. Bishops, they onely can minister the temporal sword, their office the preaching of Gods word, laid a part, which they will neither do, nor suffer any man to do; but slay with the temporal sword,( which they have gotten out of the hand of all Princes,) them that would. The preaching of Gods word is hateful unto them. Why? For it is impossible to preach Christ, except thou preach against Antichrist, that is to say, them which with their false doctrine and violence of sword enforce to quench the true doctrine of Christ. Our Prelates ought to be our servants, as the Apostles were, to teach us Christs doctrine, and not Lords over us to oppress us with their own. FINIS. brief Instructions for Church-wardens and others to observe in all episcopal or Archdiaconall Visitations and spiritual Courts. 1 NO Bishop Archdeacon, or other ecclesiastical person, may or ought to keep any visitation at any time unless he hath express Commission or Patent under his Majesties great seal of England to do it, and that as his Majesties visitor only and in his name and right alone, as is clear uniting the power of Visiting the ecclesiastical state and Persons for ever to the Crown, in express terms. by 26 H. 8. c. 1. 37, H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8, Eliz. c. 1. Which Commission or Patent ought to bee red to the people before every visitation,( as the Iudges Commission is at every Assizes) before they begin to visit, that so all the people may be assured, they have authority to visit, and that only in his Majesties name and right. As soon as ever therfore they appear at any Visitation, the first thing which they ought to do( and that in point of loyalty to his majesty by virtue of their 1. Eliz. c. 1. Oath of Supremacy prescribed for this very end) is to demand of the Bishop, or other Visitor, what Patent or Commission he hath from the King under his broad seal to keep a visitation? If he have any, then demand the Register to red it publicly, in such manner as the Iudges Patent is red at the Assizes: If he either cannot produce, or red any such Patent from the King, or visit not in his name, right, and by his royal authority, You ought all presently to protest against his proceedings, as contrary to his Majesties laws and Prerogative, and so to depart as you came, without more ado. 2. Every Visitation being a Synod, or Convocation of the Clergy and levy( as See Doctor P●cklingtons Sunday no Sabbath. p. 1. 2. Doctor reads, and Teddars Visitation sermons. themselves both style and acknowledge it) ought to be called and summoned only by his Majesties special writ, as the Assizes and seats in Eyre are, and that by the ●xpresse Statutes of 8. H. 6, c. 1. 25. H. 8. c. 19. 27. H. 8. c. 15. If ●hen the Visitation be not summoned and called by virtue of his Majesties writ, but only by an Apparator, or note from the Bishop or Visitor( as they now ever are) None ought there to appear at all. 3. If they have a lawful Patent and read it, and a writ to summon the visitation, if they tender the Church-wardens and Sidemen any Articles to present on( as now they do) Let them demand, whether the Articles they tender them were made by the whole Convocation by the Kings Licence, ratified by the Parliament, and confirmed by the King himself under his broad Scale: If not( as none of them are) Then bid them keep them for waste paper, or to stop Musterd-pots, since such Articles and Canons now used, made by their own authority and printed in their own names, are directly Yea to his Majesties Declaration before the 39. Articles contrary to the Statutes of 25. H. 8. c. 19, 21. 27. H. 8. c. 25. 32. H. 8. c. 26. 37. H. 8. c. 17. 1. Eliz. c. 1, 2. 12. Eliz. c. 13. their own twelfth Canon, and draw themselves( with all those who submit to them or present upon them) both into a praemunire, and an Excommunication Ipso facto, 4. If they tender any oath to Churchwardens or Sidemen to present upon their Articles, or otherwise, as now they do; First demand of them, What Act of Parliament prescribes or enjoins that form of Oath they administer: for no new Oath( no not that of 28. H 8. c. 10 35. H. 8. c. 1. 1. Eliz. c 1. 5. Eliz. c. 1. 3. jac. c. 4. supremacy and allegiance instituted by Parliament,) can be imposed on the Subjects in any case but by See the petition of Right. 3 Caroli. Parliament. If any Act of Parliament prescribe this Oath, and gives them power to administer it, Then let them show it, and you will take it; If none( as none for certain doth,) Then you neither will nor dare to take it, and they incur a praemunire by making and administering such oaths of their own heads. Secondly, demand of them, What Commission they have from his majesty under his great seal to administer an Oath to you? If none, Then they have no authority to give an Oath, Nor you no warrant or reason to take it. Thirdly, what Law of the Land, Canon or Statute gives them any authority to give you such an inquisition Oath? If any, Produce it; If none( as none doth,) You dare not, you will not take it, there being divers Register pars 2. fol 36. b. 2. H. 5. c. 3. N●n. 41. R rastal Prohibition 5. matthew Paris. Hist. Angliae. p. 693. 694. 705. Prohibitions in the Common Law inhibiting it. 5. If they demand any Fees of you in any Visitation,( Where none of any sort are due, neither for showing of Letters or Orders, Licences to preach, or 23. Eliz. c. 1 keep school, &c. Nor any See Lindewod de Censibus& Procurationibus. Procurations, but onely from such Churches as they personally keep their Visitations in, not from others which they come not at,) or upon any other occasion. Demand of them, Whether any Statute or Patent from the King or his Ancestors authorize or enable them to take such fees they demand? If so; Let them produce them, and you will pay what they allow them to take: If not, Then nothing is due, and you will pay nothing: it being mere extortion punishable in star-chamber. 6. If any be cited into any of their spiritual Courts, let them demand; First, Whether they have a 26. H. 8, c. 1. 37. H. 8. c. 17. 1. E. 6. c 2. 1. Eliz. c. 1. 8. Eliz. c. 1. Patent from the King, under his great seal to keep such a Court? If not; You have nothing to do with them, Nor they with you. Secondly, if their Patent gives them cognisance of your cause? Thirdly if the Citation be in the Kings 1 Ed. 6. cap. 2. name, and under his seal of arms, as it ought? If not, Depart without more ado; and if they excommunicate you, It is void, you may go to Church notwithstanding: Or if they suspend any Ministers, without a lawful cause and Patent from the King, let them preach notwithstanding, and either indict them in a praemunire, Or bring an Action of the Case, &c. as counsel shall advice. If all Subjects will take this course as they are bound in point of loyalty and conscience to do; they will soon shake off the Prelates tyranny and yoke of bondage, under which they groan, through their own defaults and cowardice. If any be cited into the High Commission Court and there tendered an Ex Officio Oath: First let them ask what Scripture, Canon, or Statute allows or prescribes this Oath? Secondly, let them tell them, that the Statute of 1. Eliz. c. 1. which erects their Commission, expressly repeals the Statute of 2. H. 4. c. 15. the ground of all Ex Officio oaths and proceedings, whence Mr. Fox stiles it: The Statute Ex Officio. Therefore repealing this Law, which brought in Ex Officio oaths Never heard of in the World till 1400 years after ●hrist, nor any ever committed for refusing an Ex Officio Oath, till 13. Elizabeth: and then adjudged against Law. and proceedings, it never intended to revive them, or to authorize the Commissioners to proceed by them; for then it would have rather confirmed than repealed this Act. Thirdly, that the late Petition of Right 3 Caroli, condemned such oaths and proceedings, as not Warrantable by the laws and Statutes of the realm,( though warranted by their Commission,) expressly enacting, That no man hereafter shal be called to take such Oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof. Therefore they dare not take it, neither can they administer it. Fourthly, that by their own Acts 25.15.16.17. c. 24.13. Gratian: Causa. 3. qu. 3. 4. 5. 6. Canon Law, the accuser ought to appear there face to face, and by his own Oath, and his witnesses to prove his accusation true; but the party accused is to take no Oath: Therefore this Oath is against their own Canon Law. Fiftly, that our Martyrs condemned Ex Officio and Visitation oaths, for men to accuse themselves or others, as unlawful, and would not take them; as appears by Mr. Fox his Acts and Monuments: 1610. p. 481. 482. 487. 488. 495. 496. 539. 951. 956. 957. 1006. 1022. 1023. 1108. 1100. 1125. 1164. 1199. 1382. 1643. 1646. 1651. 1660. 1777. 1778. 1792. 1796. 1813. 1814. 1815. 1843. 1844. 1845. 1866. 1872. 1873. 1874. 1934. 1224. 1520. They being used onely by the bloody persecuting Popish Prelates; Ibid. p. 335. 750, 751. 753. to 764. Therefore they dare not take them. sixthly, that the very Rhemists themselves in their Annotations on Acts. 23. v. 12. resolve thus. If thou be put to an Oath to accuse catholics for serving God as they ought to do, or to It is the devils office to be an accuser of the brethren: Rev. 12.10. And will any Christian then dare to take it on him? utter any innocent man to Gods enemies or his, thou oughtest first to refuse such unlawful Oaths: but if thou have not constancy and courage to do it, yet know thou, that such oaths bind not at all in conscience and Law of God, but may and must be broken under pain of damnation. For to make or take such vows or oaths is one sin, and to keep them is another far greater. That therefore which the Rhemists condemn wee dare not submit to: Neither should our Prelates press, contrary to John 18.19.20.21.22. 1 Tim. 5.19. Rev. 12.10. Math. 18.16.25. H. 8. c. 14. 1 Elis. c. 1. which require proof of all things by two witnesses at least.