Circumstances in the Gouernment of Byshops .

FIrst therefore for the Gouernment of Byshops , I for my part not prejudging the Presidents of other reformed Churches , doe hold it warranted by the word of God and by the practise of the ancient Church in the better times , and much more conuenient for Kingdomes then parity of Ministers , and gouernment by Synodes . But then further it is to be considered , that the Church is not now to plant or build , but onely to bee pruned from corruptions and repaired , and restored in some decayes .

For it is worth the noting , that the Scripture saith , Translato acerdotio , necesse est vs & Legis fiat translatio . It is not possible in respect of the great and neere sympathie betweene the State Ciuill , and the State Ecclesiasticall , to make so mayne an alteration in the Church , but it would haue a perilous operation vpon the Kingdome ; and therefore it is fit , that controuersie be in peace and silence .

But there bee two circumstances in the administration of Byshops , wherein I confesse I could neuer be satisfied . The one , The sole exercise of their authoritie ; The other , the Deputation of their authoritie .

For the first , the Byshop giueth orders alone , excommunicateth alone , judgeth alone . This seemes to bee a thing almost without example in gouernment , and therefore not vnlikely to haue crept in the degenerate and corrupt times . Wee see the greatest Kings and Monarches haue their Councels . There is no temporall Councell in England of the higher sort where the authoritie doth rest in one person . The Kings-bench , Cōmon-pleas , and the Exchequer , are benches of a certain number of Iudges . The Chancellor of England hath an Assistance of 12. Maisters of the Chancerie . The Master of the Wards hath a councell of the Court ; So hath the Chancellor of the Duchie . In the Excliequer Chamber , the Lord Treasuror is ioyned with the Chancellor and the Barrons ; The Masters of the Requests are euer more than one . The Iustices of Assile are two . The Lord Presidents in the Marches and in the North , haue councels of diuers . The Starre-chamber is an assembly of the Kings priuie Councell aspersed with Lords Spirituall and Temporall . So as in all Courts the principall person hath euer either Colleagues or Assessors .

The like is to bee found in other well gouerned Kingdomes abroad where the jurisdiction is yet more distributed , as in the Courts of Parliament of France , and in other places . No man will denie , but the Acts that passe the Byshops jurisdiction , are of as great importance as those that passe the Ciuill Courts ; for mens soules are more precious then their bodies or goods , & so are their good names . Byshops haue their infirmities , and haue no exception from that generall malediction which is pronounced against all men liuing , Va sole , nam si occiderit , &c. Nay , we see that the first warrant in Spirituall causes is directed to a number Dei Ecclesia , which is not so in temporall matters ; And we see that in generall causes of Church gouernment , there are aswol Assemblies of all the Clergie in Councels , as of the States in Parliament , whence should this sole exercise of jurisdiction come ? Surely , I doe suppose and thinke vpon ground , that ab initio non fuit ita ; and that the Deanes and Chapters were Counsels about the Seas and chayres of Byshops at the first , and were vnto them a Presbiterie , or Consistorie , and intermedled not onely in the disposing of their reuenues and endowments , but much more in jurisdiction Ecclesiasticall . But it is probable , that the Deane and Chapter stucke close to the Byshops in matters of profit and the world , and would not loose their hold ; but in matters of jurisdiction , ( which they accounted but trouble and attendance ) they suffered the Byshops to encroach and vsurpe , and so the one continueth , and the other is lost . And wee see that the Byshop of Rome , ( f●● est & ab hoste doceri , and no question in that Church the first institutions were excellent ) performeth all Ecclesiasticall jurisdiction as in Consistorie .

And whereof consisteth this Consistorie , but of the parish Priests of Rome , which terme themselues Cardinals , à cardivibus mundi , because the Byshop pretendeth to be vniuersall ouer the whole world . And hereof againe we see diuers shadowes , yet remaining ; As that the Deane and Chapter , Proforma chooseth the Byshop , which is the highest point of jurisdiction . And that the Byshop when hee giueth orders , if there be any Ministers casually present , calleth them to joyne with him in imposition of hands , and some other particulars . And therefore it seemes to me a thing reasonable and religious , and according to the first institution , that Byshops in the greatest causes , and those which require a spirituall discerning , namely in ordayning , suspending or depriuing Ministers in excommunication being restored to the true and proper vse as shall bee afterwards touched , in sentencing the validitie of Mariages , and legittimations , in judging causes criminous as Symonie , incest , blasphemie and the like , should not proceed sole and vnassisted , which point as I vnderstand , is a Reformation that may bee planted sine strepitu , without any perturbation at all , and is a matter which will giue strength to the Byshops , countenance to the inferiour degrees of Prelates or Ministers , and the better issue or proceeding in those causes that shall passe .

And as I wish this strength giuen to the Byshops by Councell , so it is not vnworthy your Maiesties Royall consideration , whether you shall not think fit to giue strength to the general Councell of your Clergie , the Conuocation House , which was then restrained , when the state of the Clergie was thought a suspected part to the Kingdome in regard of their late homage to the Byshop of Rome , which state now will giue place to none in their loyaltie and deuotion but to your Maiestie .

For the second point , which is the Deputation of their Authoritie , I see no perfect and sure ground for that neither , beeing somewhat different from the examples and rules of gouernment . The Byshop exerciseth his jurisdiction by his Chancellor and Comissarie , Officiall , &c. Wee see in all Lawes in the world ; Offices of confidence and skill cannot be put ouer nor exercised by deputie , except it bee especially contained in the originall grant , and in that case it is dutisull . And for experience , there was neuer any Chauncellour of England , made a Deputie . There was neuer any judge in any Court , made a Deputie . The Byshop is a Iudge , and of a high Nature , whence commeth it that hee should depute , considering that all trust and confidence as was said is personall and inherent , and cannot or ought not to bee transposed ? Surely in this againe ab initio nonfuitsta , but it is probable , that Byshops when they gaue themselues too much to the glorie of the world , and became Grandes in Kingdomes , and great Councellors to Princes , then did they deleague their proper jurisdiction as things of too inferiour a nature for their greatnesse ; and then aster ths similitude and immitation of Kings and Counts Palatine , they would haue their Chancellors and Iudges .

But that example of Kings and Potentates giueth no good defence . For the reasons why Kings administer by their Iudges , although themselues are supreame Iudges , are two . The one because the offices of Kings are for the most part of inheritance , and it is a Rule in all Lawes ; That Offices of inheritance , are rather matters that sound in interest , then in confidence , forasmuch as they may fall vpon womon , vpon Infants ; vpon Lunatiques and ideots , persons vncapable to execute judicature in person , and therefore such Offices by all Lawes might euer be exercised and administred by delegation . The second reason is , because of the amplitude of their Iurisdiction , which is as great as either their birth-right from their Ancestors , or their sword-right from God , maketh it . And therefore if Moses that was Gouernour ouer no great people , and those collected together in a campe , and not scattered in Prouinces and cities , himselfe likewise of an extraordinarie spirit , was neuertheles not able to suffice and hold out in person-to judge the people , but did by the aduise of Iethro approued from God , substitute Elders and Iudges ; how much more other Kings and Princes .

There is a third Reason likewise , not much to the present purpose , and that is : That Kings eyther in respect of the Common , wealth , or of the greatnes of their owne Patrimonies , are vsually parties in sutes , and then their Iudges stand indifferent betweene them and the subiect . But in the case of Byshops , none of these reasons hold . For first , their Office is electiue and for life , and not patrimoniall or hereditarie ; an Office meerly of confidence , science and qualification . And for the second reason , it is true that their jurisdiction is ample and spacious , and that their time is to bee diuided betweene the labours as well in the word and doctrine , as in gouernment and jurisdiction . But yet I doe not see , supposing the Byshops Courts to be vsed vncorruptly , and without any indirect course held to multiply causes for gaine of fees , but that the Byshop might very well for causes of moment , supply his judiciall function in his owne person . For we see before our eyes , that one Chauncellor of England dispatcheth the suites in equitie of the whole Kingdome ; which is not by reason of the excellencie of that rare honourable Person which now holdeth that place , but it was euer so , though more and lesse burdenous to the sutor , as the Chauncellor was more or lesse able to giue dispatch . And if heed bee taken to that which was said before , that the Byshops labour in the word must take vp a principall part of his time , so I may say againe , that matters of State haue euer taken vp most of the Chauncellors time , hauing bin for the most part persons vpon whom the Kings of this Realme haue most relied for matters of Councell . An therfore there is no doubt , but the Byshop , whose circuit is lesse ample , and the causes , in nature not so multiplying , with the helpe of references and certificates to and from fit persons for the better ripening of causes in their meane proceedings , and such ordinary helpes incident to jurisdiction , may very well suffice his Office . But yet there is an other helpe , for the causes that come before him are these , Tythes , Legacies and Administrations , and other teftamentary causes , causes Matrimoniall , accusations against Ministers tending to their suspension , depriuation or degrading , Symonie , incontinencie , Heresie , Blasphemie , breach of Saboth , and other like causes of scandall . The first two of these in mine opinion , differ from the rest , that is , Tithes and Testaments , for those bee matters of profite and in their nature Temporall , though by a fauour and conniuence of the temporall jurisdiction , they haue been allowed and permitted to the Courts Ecclesiasticall ; the one , to the end the Clergie might sue for that that was their sustentation , before their owne Iudges ; and the other in a kind of pietie and Religion , which was thought incident to the performance of dead mens Wils . And surely for these two , the Byshop in mine opinion , may with lesse danger discharge himselfe vpon his ordinary Iudges . And I thinke likewise it will fall out that those sutes are in the greatest number . But for the rest , which require a Spirituall science and discretion in respect of their nature , or of the scandall , it were reason in my opinion there were no audience giuen , but by the Byshop himselfe , he being also assisted as was touched before , but it were necessarie also hee were attended by his Chauncellor or some others his Officers , being learned in the Ciuill Law , for his better instruction in points of formalitie , or the courses of the Court , which if it were done , then were there lesse vse of the Officials Court ; where of there is now so much complaint . And causes of the nature aforesaid being only drawne to the Audience of the Byshop , it would represse friuolous and poling sutes , and giue a graue and incorrupt proceeding to such causes as shal be fit for the Court.

There is a third point also , not of jurisdiction , but of forme of proceeding , which may discerne Reformation ; the rather because it is contrary to the Lawes and Customes of this Land and State , which though they doe not rule those proceedings , yet may they be aduised with for better direction , and that is , the Oath ex Officio , whereby men are inforced to accuse themselues , and that that is more , are sworne vnto Blanques , and not vnto accusations and charges declared . By the Lawes of England , no man is bound to accuse him selfe . In the highest cases of treason , torture is vsed for discouerie , and not for euidence . In capitall matters , no delinquents answer vpon oath is required , no not permitted . In criminall matters not capitall , handled in the Starre Chamber , and in causes of Conscience handled in the Chauncerie , for the most part grounded vpon trust and secresie , the oath of the partie is required . But how ? where there is an accusation and an Accusor , which wee call bills of complaint , ( from which the complainant cannot varie , and out of the compasse of the which the defendant may not bee examined ) exhibited vnto the Court , and by Proccs notified vnto the defendant . But to examine a man vpon oath out of the insinuation of fame , or out of accusations secret and vndeclared , though it haue some countenance from the Ciuill-Law , yet is so opposite ex diametro to the sence and course of the Common-Law , as it may well receiue some limitation .

Concerning the Liturgie , the Ceremonies , and Subscription .

FOr the Liturgie , great respect and heed would be taken , least by inueighing against the dumbe Ministrie due reuerence be not with drawne from the Liturgie . For though the guift of Preaching , bee farre aboue that of Reading , yet the action of the Liturgie is as high and holy as that of the Sermon . It is said , Domus me a domus or ationis vocabitur , The house of Prayer , not the house of Preaching . And whereas the Apostle saith : How shall men call vpon him on whom they haue not belerued ? and how shal they beleeue vnlesse they heare ? and how shall they beare without a Preacher ? It appeareth that as Preaching is the more originall , so Prayer is the more finall , as the difference is between the seed and the fruit for the keeping of Gods Law ; is the fruit of the teaching of the Law , and Prayer , or Inuecation , or Diuine seruice , or Liturgie ( for these be but varietie of termes ) is the mediate hallowing of the Name of God , and the principall worke of the first Table , and of the great Commandement of the Law of God . It is true that the Preaching of the holy word of God , is the sowing of the seed , it is the lifting vp of the brazen serpent , the Ministrie of Faith and the ordinary meanes of saluation , but yet it is good to take example , how that the best Actions of the worship of God may be extolled excessiuely and superstitiously . As the extolling of the Sacrament bred the superstition of the Masse ; the extolling of the Liturgie and prayers , bred the superstition of the Monasticall orders and oraisons ; And so no doubt Preaching likewise may be magnified and extolled superstitioufly , as if all the whole body of Gods worship should be turned into an eare . So as none ( as I suppose ) of sound judgement , will derogate from the Liturgie , if the forme thereof be in all parts agreeable to the word of God , the example of the Primitiue Church , and that holy decency which S. Paul commendeth . And therefore first , that there be a set forme of prayer , and that it be not left , either to an extemporall forme , or to an arbitrarie forme . Secondly , that it consist aswell of lawdes , hymnes , and thankesgiuings , as of petitions , prayers & supplications . Thirdly , that the forme therof be quickned with some shortnes , and diuersities of prayers and hymnes and with some interchanges of the voyce of the people , as well as of the voyce of the Minister . Fourthly , that it admit some distinctions of times and commemorations of Gods principal benefits , as well generall as particular . Fifthly , that prayers likewise be appropriated to seuerall necessities and occasions of the Church . Sixtly , that there be a forme likewise of words and Liturgie in the administration of the Sacraments , and in the denouncing of the censures of the Church , and other holy actions and solemnities . These things I thinke will not bee much controuerted .

But for the particular exceptions to the Liturgie in forme as it now stands , I thinke diuers of them allowing they were just , yet seeme they not to be weightie , otherwise then that nothing ought to bee accounted light in matters of Religion and pietie , as the Heathen himselfe could say , Etiam vultu sape laeditur pietas . That the word Priest should not bee continued especially with offence , the word Minister being already made familiar . This may be said that it is a good Rule in translation , neuer to confound that in one word in the translation , which is precisely distinguished in two words in the originall , for doubt of aequiuocation and traducing . And therefore seeing the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bee alwayes distinguished in the originall , and the one vsed for a Sacrificer , the other for a Minister , the word Priest beeing made common to both , whatsoeuer the deriuation be , yet in vse it confoundeth the Minister with the Sacrificer . And for an example , of this kind , I did euer allow the discretion and tendernesse of the Rhemish translation in this Point , that finding in the originall the Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and neuer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , doe euer translate Charitie , and neuer Loue , because of the indifferencie and equiuocation of the word with impure Loue .

Touching the Absolution , it is not vnworthy consideration whether it may not bee thought vnproper and vnnecessary , for there are but two sorts of Absolution , both supposing an obligation precedent : the one vpon an Excommunication , which is Religious and Primitiue ; the other vpon Confession and Pennance which is superstitious , or at least positiue , and both particular , neither generall . Therefore since the one is taken away , and the other hath his proper case , what doth a generall Absolution wherin there is neither Penance nor Excommunication precedent . For the Church neuer looseth , but where the Church hath bound . And surely , I may thinke , this at the first was allowed in a kind of Spirituall discretion , because the Church thought the people could not bee suddenly weaned from their conceit of assoyling , to which they bad beene so long accustomed .

For Confirmation , to my vnderstanding the state of the Question is , whether it bee not a matter mistaken and altered by time , and whether that be not now made a subsequent to Baptisme , which was indeed an inducement to the Communion . For whereas in the Primitiue Church , children were examined of their Faith before they were admitted to the Communion , time may seeme to haue turned it to referre as if it had beene to receiue a confirmation of their Baptisme .

For Priuate Baptisme , by Women or Lay-persons , the best Diuines doe vtterly condemne it , and I heare it not generally defended , and I haue often maruelled , that when the Booke in the Preface to publique Baptisme , doth acknowledge that Baptisme in the practise of the Primitiue Church , was anniuersarie and but at set and certaine times , which sheweth that the Primitiue Church , did not attribute so much to the Ceremonie , as they would breake an outward and generall order for it , the Booke should afterwards allow of Priuate Baptisme , as if the Ceremonie were of that necessitie as the very Institution , which committed Baptisme onely to the Ministers , should bee broken in regard of the supposed necessitie . And therefore this point of all others , I thinke was but a concessum propter duritiam cordis .

For the forme of celebrating Matrimonie ; the Ring seemeth to many euen of vulgar sence and vnderstanding , a Ceremonie not graue , specially to be made ( as the words make it ) the essentiall part of the action : besides some other of the words are noted in speech to bee not so decent and fit .

For Musicke in Churches . That there should be singing of Psalmes and spirituall songs , is not denied , so the Question is De modo ; wherein if a man will looke attentiuely into the order and obseruance of it , it is easie to discerue , betweene the wisedome of the institution , and the excesseof the late times . For first , there are no Songs or Verses sung by the Quire , which are not supposed , by continuall vse , to bee so familiar with the people as they haue them without booke , whereby the sound hutteth not the vnderstanding , and those which cannot read vpon the booke , are yet partakers of the sence and may follow it with their mind . So againe , after the reading of the Word of God , it was thought fit there should bee some pawse for holy meditation before they proceeded to the rest of the seruice ; which pawse was thought fit to be filled rather with some graue sound , then with a still silence , which was the reason of the plaving vpon the Organs after the Scriptures read . All which was decent and tending to edification . But then the curiositie of diuision and reports , and other figures of Musick , haue no affinitie with the reasonable seruice of God , but were added in the more pompous times .

For the Cap and Surplsce , since they bee things in their nature indifferent , and yet by some held superstitious , and that the question is betweene Science and Conscience , it seemeth to fall within the compasse of the Apostles rule , which is , that the stronger doe descend and yeeld to the weaker . Onely , the differenceis , that it will be materially said , that the rule holds between priuate man , and priuate man , but not betweene the conscience of a priuate man , and the order of a Church . But yet since the question at this time is of a tolleration , not by conniuence which may incourage disobedience , but by law which may giue a liberty , it is good againe to bee aduised , whether it fall not within the equitie of the former rule . The rather because the silencing of Ministers by this occasion , is in this scarcitie of good Preachers , a punishment that lights vpon the people , as well as vpon the partie . And for the Subscription it seemeth to bee in the nature of a consession , and therefore more proper to binde in the vnitie of Faith , and to be vrged rather for Articles of doctrine , then for Rites and Ceremonies and points of outward gouernment . For howsoeuer politike considerations and reasons of State may require vniformitie , yet Christian and diuine grounds looke chiefly vpon vnitie .

Touching a Preaching Ministry .

TO speake of a learned Ministerie , it is true , that the worthinesse of the Postors and Ministers is of all other points of religion the most summary ; I doe not say the greatest , but the most effectuall towards all the rest . But herein to my vnderstanding , while men goe on in Zeale to hasten this worke ; they are not aware of as great or greater inconuenience then that which they seeke to remoue . For while they inueigh against a dumbe Ministerie , they make too easie and too promiscuous an allowance of such as they account Preachers ; hauing not respect enough to their learnings in other Artes , which are hand-maides to Diuinitie ; nor respect inough to the guift it selfe which many times is none at all . For God forbid that euery man that can take vnto himselfe boldnesse to speak an houre together in a Church vpon a Text , should be admitted for a Preacher though he meane neuer so well , I know there is a great latitude in guifts and a great varietie in Auditories and Congregations , but yet so , as there is aliquid infionum , below which you ought not to descend . For you must rather leaue the Arke to shake , as it shall please God , then put vnworthy hands to hold it vp , and when we are in Gods Temple , we are warned rather to put our hands vpon our mouth , then to offer the Sacrifice of fooles . And surely , it may be justly thought , that amongst manycauses of Athiesme , which are miserably met in our Age , as Schismes and controuersies , prophane scoffing in holy matters and others , it is not the least that diuers do aduenture to haudle the word of God , which are vnfit and vnworthy . And herein I would haue no man mistake me , as if I did extoll curious and affected Preaching , which is as much on the other side to be disliked , and breeds Atheisme and scandall as well as the other ( for who would not bee offended at one that comes into the pulpit , as if he came vpon the Stage , to play parts or prizes , ) neither on the other side , as if I would discourage any who hath any tollerable gift .

But vpon this point , I ground three considerations , whether it were not requisite to renew that good Exercise which was practised in this Church some yeares , and afterwards put downe , by order indeed from the Church in regard of some abuse thereof , inconuenient for those times , and yet against the aduise and opinion , of one of the greatest and grauest Prelates of this Land , and was commonly called Prophecying ; which was this ; That the Ministers within a Precinct , did , meete vppon a weeke day , in some principall Towne , where there was some ancient graue Minister , that was President , and an Auditorie admitted of Gentlemen , or other persons of leasure ; then euery Minister successiuely , beginning with the yongest , did handle one and the same piece of Scripture , spending seuerally some quarter of an houre or better , & in the whole , some two houres ; and so the Exercise beeing begun and concluded with prayer , and the President giuing a Text for the next meeting , the Assembly was dissolued . And this was as I take it , a fort-nights Exercise , which in my opinion was the best way to frame and traine vp Preachers to handle the Word of God as it ought to be handled , that hath been practised . For we see Orators haue their Declamations , Lawyers haue their mootes , Logicians their Sophems , and euery practise of Science hath an exercise of erudition and imitation , before men come to the life , onely Preaching which is the worthiest , and wherein it is most danger to doe amisse , wanteth an introduction , and is ventred and rushed vpon at the first ; but vnto this Exercise of the Prophesie , I would wish these two additions ; the one , that after this Exercise which is in some sort publique , there were immediatly a priuate meeting of the same Ministers where they might brotherly admonish the one the other , and especially the elder sort the younger , of any thing that had passed in the Exercise in matter or manner vnsound and vncomely . And in a word might mutually vse such aduise , instruction , comfort or encouragement , as occasion might minister for publike reprehension were to be debarred .

The other addition that I meane is , that the same Exercise were vsed in the Vniuersities for young Diuines before they presumed to Preach , as well as in the Country for Ministers , for they haue in some Colledges an exercise called a Common-place which can m no degree , bee so profitable , beeing but the speech of one man at one time . And if it bee feared that it may bee occasion to whet mens speeches for Controuersies , it is easily remedyed by some strict prohibition , that matters of Controuersie tending any way to the violating or disquicting of the peace of the Church be not handled or entred into ; which prohibition in regard there is euer to be a graue person President or Moderator , cannot bee suffered . The second consideration is , whether it were not conuenient there should be a more exact probation and examination of Ministers . Namely , that the Byshops doe not ordaine alone but by aduise , and then that the ancient holy orders of the Church might be reuiued , by the which the Byshop did ordaine Ministers but at foure set times in the yeare , which were called , Quatuor tempora which are now called Ember-weekes ; it being thought fit to accompany so high an action with generall Fasting , and Prayer , and Sermons , and all holy exerciles . And the names likewise of those that were ordained were published some dayes before their ordination , to the end exceptions might bee taken if just cause ; were .

The third consideration is , that if the case of the Church of England bee , that where a computation is taken of all the perochian Parishes , as allowing the vnion of such as were too small , and adjacent , and againe a computation to bee taken of the persons who are worthie to bee Paftors . And if vpon the said account it fall out , that there are many more Churches then Pastors , then of , necessitie , recourse must bee had to one of these remedies ; eyther that Pluralities must be allowed , specially if you can by permutations make the benefices more compatible , as there be allowed Preachers to haue a more generall charge to supply and serue by turne Parishes vnfurnished . For that some Churchas should bee prouided of Pastors able to teach , and other wholly destitute , seemeth to mee to bee against the Communion of Saints , and Christians , and against the practise of the Primitiue Church .