THE DIOCESANS TRYALL .

WHEREIN ALL THE SINNEWS OF D. DOWNAMS Defence are brought unto three heads , and orderly dissolved .

By M. PAVL BAYNES .

Imprinted . 1621.

MAny writings , and sermons also have cause to wish that the men from whom they come were lesse knowen then they are . For then should they bee free from much prejudice , and finde better acceptance with those that they come to . But I wish nothing more unto this Treatise , which now is comming into the world , then that the Author of it were throughly known unto all those that shall meet with it ; for then his worke would need no borrowed commendation , the title it selfe carrying authority with it , even to force respect from every honest Reader , if either the sharpnesse of wit , variety of reading , depth of judgement , aptnesse to teach , holy and pleasant language , heavenly conversation , wise cariage , or any fulnesse of grace will so farre prevaile with him . I doe not abuse good words , or load one with them whom they doe not belong to , as many painters of Sepulchres in their funerall Orations use to doe : but speak that in short , which M. Baines his person did largely preach unto all such as came neere unto him : and that which his incomparable writings will sufficiently witnesse to future generations .

Neither is this all that the Authours qualitie may suggest unto the considerate Reader : but he may arise from this to more important thoughts ; especially if the remembrance of M. Baynes his worth doe occasion him to thinke of many others like unto him : such as M. Deering , M. More , M. Greenham , M. Perkins , M. Rogers , M. Cartwright , M. Fenner , M. Brightman , M. Parker , M. Philips , M. Hieron , & M. Bradshaw &c. to speake nothing of those which yet liue , nor of D. Reinolds , D. Fulk , and D. Whitakers with many others . For all these being apprehended as men agreeing in one spirit , and having had indeed the spirit of glory resting on them , as their workes doe shew , together with those letters testimoniall which they left written in the hearts of many thousand Christians , it must needs cause at the least an inquirie , what the reason should be , that such famous men of God , could never like well of our Bishoply courses in England , nor ever be favoured of them . The case is plaine to all : and the cause is as evident to those that haue eyes to see : but no where more apparant then in the person of M. Baines , and the place where hee , and others like him were made signes of this antipathie . Cambridge is or should be , as an eye to all our land : so that the alterations that fall out there cannot but bee felt of all parts . It is the place of light ; the spirituall oppressions which in other corners are covered with darkenesse ( as all the works of darknesse would be ) when past all shame they come to confront the Sunne it selfe , how can they then be hidden ?

When M. Perkins had there for many yeares held forth a burning and shining light , the sparkes whereof did flie abroad into all corners of the land , and after he had served his time was taken up into heaven , there was none found so meet for to receive , as it were , the torch out of his hand , and succeed him in that great office of bearing it before such a people , as this M. Baines , upon whom also the spirit of that Elias , was by experience found to be doubled . In this station he so demeaned himselfe for some years , that impietie onely had cause to complaine : for all that favoured the wayes of God , rejoyced and gloried in him and his Ministerie , as a spirituall treasure . But at length the howre of darknesse came from Lambeth , when Arch. Bancroft sent M. Harsenet to visite , as they call it , that is ( if termes may be interpreted by common practise ) to picke the purses of poore men , and to suppresse those that are not friends to the Bishops Kingdome . For though in that circuit there were a multitude of unable and notoriously scandalous Ministers , yet none were found worthy of censure , but onely M. Baynes , of whom the world was not worthy , and one other Preacher like unto him . Now it is hard to say , whether the silencing of him was more odious , or the manner of it shamelesse . There must be a Sermon ( yee know ) at such visitations , for fashion sake , though the Visiter himselfe can seldome find leasure to make it . This part was therefore appointed to M. Baynes by the Visiters , that he might either be insnared in his words , if he did not apply himselfe to their humours , or else grace their ungracious courses , if he did . But it did not succeed handsomely either way : For he delivered wholesome doctrine appertaining to the present audience , in such warie manner , that no specious occasion could be taken thereby of questioning his libertie . Yet fairely or fouly the mischievous intention must not faile . M. Baines having heat his weake body by straining to speake unto a great audience , retired himselfe presently upon his comming down from the Pulpit to provide for his health , which otherwise would have bene indangered . They in the meane time going on with their businesse , as they are wont in the masterly forme of a muster , called for M. Barnes among the rest , and upon his not answering , though he was not cited thither as to a Court , but onely intreated to preach , as hee did , yet for not appearing , he was immediately silenced . Afterward in deed , the Chancellour being informed of that grosse nullitie , which was in that sentence , urged him about subscription and conformitie ; and so to make sure worke , silenced him over againe : In which businesse he was so conscious unto himselfe of unreasonable and ridiculous dealing , that when M. Baynes standing to receive the sentence of a corrupt man , did lift up his heart and eyes unto God with a heavenly smiling countenance , as he used , he interpreted that gesture to be a skorning of his authoritie . This being done , M. Baines was perswaded by his friends to try the Archbishops courtesie , unto whom , when he presented himselfe , at the very first salutation , the gravitie and severitie of B. Bancroft led him sharply to rebuke the good man for a little black-worke , which was upon the edges of his cuffes , asking him how he durst come before him with such cuffs , telling him very bishoplike , that it were a good turne to lay him by the heeles for so doing . After this he would have no more to doe with such absurd unreasonable men : but preached sometime where he might have libertie , as his weakenesse of bodie would suffer ; and spent the rest of his time in reading , meditating , praying and writing , saving that upon occasion he did instruct or comfort those which came to him in private , wherein he had a heavenly gift . He was indeed all his life after , beside the weakenesse of his bodie pressed with want , not having ( as he often complained to his friends ) a place to rest his head in : which me thought was an upbraiding of the age and place where he lived with base regardlessnesse of pietie and learning : yet he never so much as consulted with himselfe of denying his sinceritie by pleasing the Bishops , of whom and their courses he was wont to say , They are a generation of the earth , earthly , and savour not the waies of God . Which saying of his , they , and some Doctors of Cambridge have since made good , in that they could not indure , that the place from whence they thrust him , should be supplyed by other honest men , though they were conformable , but with absolute authoritie at length forbad it , alledging that Puritanes were made by that lecture : whereas the truth is , that one lecture hath done more good to the Church of God in England , then all the doctors of Cambridge : though I doe not deny , but some of them have wrought a good worke .

By this one instance ( of which kind I would there were not a hundred in our land ) it may easily appeare to the understanding Reader , that there is as much agreement betwixt our Bishops in their managing of Religion ( except some two or three , which went out of their elements , when they ventered on those places ) and those powerfull Preachers who haue bene the chiefe meanes of revealing Gods arme unto salvation , as there is betwixt the light which commeth down from heaven , and that thick mist which ariseth from the lowest pit .

But we need not seeke for demonstrations of the spirit which worketh in our Hierarchie from this opposition , look but at the fruits of it , where it hath all fulnesse of consent , as in Cathedrall Pallaces , or Parishes of Bishops and Archbishops residence , such as Lambeth is , where all their canons are in force , and haue their full sway without contradiction : nay come neerer unto them , and take a view of their families , even to them that wayt in their chambers , and see what godlinesse there is to be found . Haue there not more of God and his Kingdome appeared in some one Congregation of those Ministers which they haue silenced for unconformity , then in all the Bishops families that are now in England ? Was there ever any of them that could endure such a Parish as Lambeth is , if they had such power of reforming it as the Archbishops haue ?

To returne therfore unto our Authour : whilst he lived a private life , being thus strucken with the Bishops Planet , he had time to apply his able wit and judgement unto the discussing of many questions , which if the Prelates had not forced such leasure upon him , it may be he would haue passed by with others . And among the rest , by Gods providence hee was directed to these Ecclesiasticall Controversies which concerne our Diocesan state in England : wherein , as in all other questions which he dealt in , he hath shewed such distinct and pearcing understanding , together with evidence of truth , as cannot but give good satisfaction to him that in these things seeketh light .

He might in deed have chosen other particular corruptions to have written on , if it had bene his purpose either to haue taught men , what they daily see and feele , or to haue laboured about the branches , and leaue the root untouched : But it was no delight unto him , for to proue that which no man doubted of , as that the common course and practise of our Prelates their courts , their urging of subscriptions , with humane superstitious ceremonies , are presumptuous insolencies against God and his Church : or preposterously to beginne at the end of the streame for to cleanse the water . He chose rather to search the fountaine of all that foulnesse wherwith our Churches are soiled : which he judged to be found in the constitutions here in this Treatise examined . And if these few questions be well considered , it will appeare that a multitude of pernicious abuses doe depend on those positions which in them are confuted . One fundamentall abuse in our Ecclesiasticall oppression is in the disposing of charges , or placing of Ministers over Congregations : It is called usually bestowing of Benefices or Livings , in an earthy phrase which savoureth of the base corruption commonly practised . For Congregations ought not to be bestowed on Ministers , but Ministers on Congregations : the benefit or benefice of the minister , is not so much to be regarded , as of the Congregation : It is the calling and charge which every Minister should looke at , not his living and benefice . Now these Benefices are bestowed ordinarily by the Patron ( whether Popish , prophane , or religious , all is one ) and the Bishop , without any regard of the peoples call or consent : so as no lawfull mariage is made ; no servant placed : against all Scripture , Councels and ancient examples . Whereby it commeth ordinarily to passe , that Lawyers must determine of Ministers callings , after long suits and great charges ; as if Congregations and Farmes were held by one title and right . And sometime it is found that the Minister is a continuall plague unto his people , living in contention , spight and hatred with them , as many law-suits doe too too plainely witnesse . What is the reason ? Because Parishes are esteemed as no Churches , that ever were ordeined by Christ , or recived any power and priviledges from him , but as mans creatures , and by man to be ordered as it pleaseth him . Another practise of like nature with the former , is that the Minister being called to one Congregation , becommeth a Pluralist by taking another , or more livings , in spight of that Congregation , to which hee was first and is still personally tied . And after all this he may be a non-resident , abiding or preaching at none of his many livings . Nay he may chop and change , sell and buy like a marchant , so he doe it closely ; which is such an abomination , as Rome and Trent condemneth , and hell it selfe will scarse defend . What is the ground ? Because ( forsooth ) Christ hath not appointed Parishes , their officers , and offices , and therfore no man is bound further in this kinde , then mens Lawes , canons , customes , and injunctions doe prescribe unto them . For a grave Doctor of Cambridge answered one that questioned him for his grosse non-residencie , viz. that Parishes were divided by a Pope : insinuating as it seemeth that he accounted it a point of Poperie , for to tie Ministers unto their particular charges ,

A third grosse corruption is , that the officers in Congregations , Ministers , Church-wardens , &c. are made servants to the Bishops , Chancellours , Archdeacons , &c. being , as it were , their promotors , informers , and executioners , in all matters of jurisdiction and government , for to bring in money into their purses : for performance also of which service to them , the Church-wardens upon every occasion are enforced to take such corporall oathes as not one of them doth ever keep . What other ground of this , beside the fore-mentioned , that particular Congregations are no spirituall incorporations , and therefore must have no officers for government within themselves ?

Now all these confusions with many other of the same kinde , how they are condemned in the very foundation of them , M. Baines heere sheweth in the first question , by maintaining the divine constitution of a particular Church , in one Congregation . In which question he maintaineth against his adversaries a course not unlike to that which Armachanus , in the daies of King Edward the third , contended for against the begging Friers in his booke called The Defence of Curates : For when those Friers incroached upon the priviledges of Parochiall Ministers , he withstood them upon these grounds : Ecclesia Parochialis juxta verba Mosis Deut. 12. est locus electus a Deo , in quo debemus accipere cuncta quae praecipit Dominus ex Sacramentis . Parochus est ordinarius Parochiani : est persona a Deo praecepta , vel mandato De● ad illud ministerium explendum electa : Which if they be granted , our adversaries cause may goe a begging with the fore said Friers .

Another sort of corruptions there are , which though they depend upon the same ground with the former , yet immediately flow out of the Hierarchie . What is more dissonant from the revealed will of Christ in the Gospell , even also from the state of the Primitive Church , then that the Church and Kingdome of Christ should be managed as the Kingdomes of the world ; by a Lordly authoritie , with externall pompe , commanding power , contentious courts of judgement , furnished with chancellours , officials , commissaries , advocates , proctors , paritors , and such like humane devises ? Yet all this doth necessarily follow upon the admitting of such Bishops as ours are in England : who not onely are Lords over the flock but doe professe so much in the highest degree , when they tell us plainely , that their Lawes or Canons doe binde mens consciences . For herein wee are like to the people of Israel , who would not have God for their immediate King , but would have such Kings as other Nations : Even so the Papists , and we after them , refuse to have Christ an immediate King in the immediate government of the Church ; but must have Lordly Rulers with state in Ecclesiasticall affaires , such as the world hath in civill .

What a miserable pickle are the most of our Ministers in , when they are urged to give an account of their calling ? To a Papist in deed they can give a shifting answer , that they have ordination from Bishops , which Bishops were ordained by other Bishops , and they , or their ordeyners by Popish Bishops : this in part may stop the mouth of a Papist : but let a Protestant which doubteth of these matters move the question : and what then will they say ? If they flie to popish Bishops , as they are popish , then let them goe no longer masked under the name of Protestants . If they alledge succession by them from the Apostles , then ( to say nothing of the appropriating of this succession unto the Popes chaire , in whose name , and by whole authority our English Bishops did all things in times past ) then I say they must take a great time for the satisfying of a poore man concerning this question , and for the justifying of their station . For untill that out of good records they can shew perpetuall succession from the Apostles unto their Diocesan which ordained them , and untill they can make the poore man which doubteth , perceiue the truth and certaintie of those records ( which I wisse they will doe at leasure ) they can never make that succession appeare . If they flie to the Kings authoritie , the King himselfe will forsake them , and denie that hee taketh upon him to make or call Ministers . If to the present Bishops and Arch-bishops , alas they are as farre to seeke as themselues , and much further . The proper cause of all this misery is the lifting up of a lordly Prelacie , upon the ruines of the Churches liberties .

How intollerable a bondage is it , that a Minister being called to a charge , may not preach to his people except he hath a licence from the Bishop or Arch-bishop : Cannot receiue the best of his Congregation to communion if he be censured in the spirituall Courts , though it be but for not paying of sixe pence which they required of him in any name , be the man otherwise never so innocent : nor keep one from the communion , that is not presented in those Courts , or being presented is for money absolved , though he be never so scandalous : and must often times ( if he will hold his place ) against his conscience put back those from communion with Christ , whom Christ doth call unto it ( as good Christians if they will not kneele ) and receive those that Christ putteth backe , at the command of a mortall man .

What a burthen are poore Ministers pressed with , in that many hundreds of them depend upon one Bitshop and his Officers : they must hurrie up to the spirituall Court upon every occasion , there to stand with cap in hand , not onely before a Bishop , but before his Chancellour , to be railed on many times at his pleasure : to be censured , suspended , deprived , for not observing some of those Canons , which were of purpose framed for snares , when far more ancient and honest canons are every day broken by these Iudges themselues for lucre sake , as in the making of Vtopian Ministers , who haue no people to minister unto ; in their holding of commendams , in their taking of money , even to extortion , for orders and institutions : in their symonie , as well by giving as by taking : and in all their idle , covetous , and ambitious pompe ? For all these and such like abuses , we are beholding to the Lordlinesse of our Hierarchie : which in the root of it , is heere overthrowen by M. Bayne in the conclusions of the second and third Question . About which he hath the very same controversie , that Marsilius Patavinus in part undertooke long since , about the time of Edward the second , against the Pope . For he in his booke called Defensor pacis , layeth the same grounds that here are maintained . Some of his words , though they be large , I will here set down for the Readers information .

Potestas clavium sive solvendi & ligandi , est essentialis & insparabilis Presbytero inquantum Presbyter est . In hac authoritate , Episcopus a sacerdote non differt , teste Hieronymo , imo verius Apostoi● , cuius etiam est aperta sententia . Inquit enim Hieronymus super Mat. 16. Habent quidem eandem judiciariam potestatem alii Apostoli , habet omnes Ecclesia in Presbyteris & Episcopis : praeponens in hoc Presbyteros , quoniam authoritas haec debetur Presbytero , in quantum Presbyter , primo , & secundum quod ipsum . Haec nomina Presbyter & Episcopus in primitiva Ecelesia fuerunt synomina , quamvis a diversis proprietatibus eidem imposita fuerint , Presbyter ab aetate nomen impositum est , quasi senior : Episcopus vero a dignitate , ceu cura super alios , quasi superintendens . Many things are there discoursed to the same purpose , dict. 2. c. 15. It were too long to recite all . Yet one thing is worthy to be observed how he interpreteth a phrase of Ierome so much alledged , and built upon by the Patrones of our Hierarchie . Ierome sayth ad Evagr. that a Bishop doth nothing , excepting ordination , which a Presbyter may not doe . Of this testimonie D. Downam avoucheth , that nothing can be more pregnant then it , to prove that Bishops were superiour to Presbyters in power of ordination . But heare what this ancient Writer saith , Ordinatio non significat ibi potestatem conferendi , ceu collationem sacrorum ordinum : sed oeconomicam potestatem regulandi vel dirigendi Ecclesiae ritus , atque personas , quantum ad exercitium divini cultus in templo ; unde ab antiquis legumlatoribus vocantur Oeconomi reverendi .

It would be overlong to declare all the use which may bee made of this Treatise , which being it selfe so short , forbiddeth prolixitie in the Preface . If the Authour had lived to haue accomplished his purpose in perfecting of this worke , he would ( it may be ) have added such considerations as these : or at least he would haue left all so cleare , that any attentive Reader might easily have concluded them from his premisses . For supply of that defect , these practicall observations are noted : which with the dispute it selfe , I leave to be pondered by the conscionable Reader .