a copie of the proceedings of some worthy and learned divines, appointed by the lords to meet at the bishop of lincolnes in westminster touching innovations in the doctrine and discipline of the church of england. together with considerations upon the common prayer book. church of england. this text is an enriched version of the tcp digital transcription a32992 of text r211825 in the english short title catalog (wing c4103b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a32992 wing c4103b estc r211825 99825469 99825469 29851 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32992) transcribed from: (early english books online ; image set 29851) images scanned from microfilm: (early english books, 1641-1700 ; 2166:01) a copie of the proceedings of some worthy and learned divines, appointed by the lords to meet at the bishop of lincolnes in westminster touching innovations in the doctrine and discipline of the church of england. together with considerations upon the common prayer book. church of england. ussher, james, 1581-1656. [1], 7 p. [s.n.], london : printed 1641. signed at end: arch bishop of armach [and 6 others]. even page numbers on rectos. copy cropped at foot of title page. reproduction of the original in the henry e. huntington library and art gallery. eng church of england -government -early works to 1800. church of england. -book of common prayer -early works to 1800. ecclesiastical law -england -early works to 1800. a32992 r211825 (wing c4103b). civilwar no a copie of the proceedings of some worthy and learned divines, appointed by the lords to meet at the bishop of lincolnes in westminster: tou church of england 1641 2543 1 0 0 0 0 0 4 b the rate of 4 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2005-02 tcp assigned for keying and markup 2005-04 spi global keyed and coded from proquest page images 2005-06 judith siefring sampled and proofread 2005-06 judith siefring text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion a copie of the proceedings of some worthy and learned divines , appointed by the lords to meet at the bishop of lincolnes in westminster : touching innovations in the doctrine and discipline of the church of england . together with considerations upon the common prayer book . innovations in doctrine . 1 qvare , whether in the twentieth article these words are not inserted , habet ecclesia authoritatem in controversiis fidei . 2 it appeares by stetfords and the approbation of the licencers , that some doe teach and preach , that good workes are concauses with faith in the act of iustification . doctor dove also hath given scandall in that point . 3 some have preached that works of penance are satisfactory before god . 4 some have preached , that private confession by particular enumeration of sins is necessary to salvation , necessitate medii , both those errors have been questioned at the consistory at cambridge . 5 some have maintained , that the absolution , which the priest pronounceth , is more then declaratory . 6 some have published , that there is a proper sacrifice in the lords supper , to exhibit christs death in the postfact , as there was a sacrifice to prefigure in the old law in the antefact , and therefore that we have a true altar , and therefore not only metaphorically so called , so doctor heylin and others in the last summers convocation , where also some defended , that the oblation of the elements might hold the nature of the true sacrifice , others the consumption of the elements . 7 some have introduced prayer for the dead , as master browne in his printed sermon : and some have coloured the use of it with questions in cambridge , and disputed , that preces pro defunctis non supponunt purgatorium . 8 divers have oppugned the certitude of salvation . 9 some have maintained the lawfulnesse of monasticall vowes . 10 some have maintained that the lords day is kept meerly by ecclesiasticall constitution , and that the day is changeable . 11 some have taught as new and dangerous doctrine , that the subjects are to pay any sums of mony imposed upon them , though without law , nay contrary to the lawes of the realme , as doctor sybthorp and doctor manwaring bishop of saint davids , in their printed sermons , whom many have followed of late yeares . 12 some have put scornes upon the two bookes of homilies , calling them either popular discourses , or a doctrine usefull for those times wherein they were set forth . 13 some have defended the whole grosse substance of arminianisme , that electio est ex fide praevisa , that the act of conversion depends upon the concurrence of mans free will , that the justified man may fall finally and totally from grace . 14 some have defended vniversall grace , as imparted as much to reprobates as to the elect , and have proceeded usque ad salutem ethnicorū , which the church of england hath anathematized . 15 some have absolutely denyed originall sin , and so evacuated the crosse of christ , as in a disputation at oxen. 16 some have given excessive cause of scandall to the church as being suspected of socinianisme . 17 some have defended that concupiscence is no sin , either in the habit or first motion . 18 some have broacht out of socinus a most uncomfortable and desperate doctrine , that late repentance , that is , upon the last bed of sicknesse , is unfruitfull , at least to reconcile the penitent to god . adde unto these some dangerous and most reproveable books . 1 the reconciliation of sancta clara , to knit the romish and protestant in one ; memorand . that he be caused to produce bishop watsons book of the like reconciliation which he speaks of . 2 a booke called brevis disquisitio , printed ( as it is thought ) in london , and vulgarly to be had , which impugneth the doctrine of the holy trinity , and the verity of christs body ( which he tooke of the blessed virgin ) in heaven , and the verity of our resurrection . 3 a booke called timotheus philalethes de pace ecclesiae , which holds that every religion will save a man , if he hold the covenant . innovations in discipline . 1 the turning of the holy table altarwise , and most commonly calling it an altar . 2 bowing towards it , or towards the east , many times , with three congees , but usually in every motion , accesse , or recesse in the church . 3 advancing candlesticks in many churches upon the altar so called . 4 in making canopies over the altar so called , with traverses and curtains on each side and before it . 5 in compelling all communicants to come up before the rails , and there to receive . 6 in advancing crucifixes and images upon the parafront , or altar-cloth so called . 7 in reading some part of the morning prayer at the holy table , when there is no communion celebrated . 8 by the ministers turning his backe to the west , and his face to the east , when he pronounceth the creed , or reads prayers . 9 by reading the letany in the midst of the body of the church in many of the parochiall churches . 10 by pretending for their innovations , the injunctions and advertisements of queene elizabeth , which are not in force , but by way of commentary and imposition , and by putting to the liturgy printed secundo , tertio edwardi sexti , which the parliament hath reformed and laid aside . 11 by offering of bread and wine by the hand of the church-wardens , or others , before the consecration of the elements . 12 by having a credentia , or side table besides the lords table for divers uses in the lords supper . 13 by introducing an offertory before the communion , distant from the giving of almes to the poore . 14 by prohibiting the ministers to expound the catechisme at large to their parishioners . 15 by suppressing of lectures , partly on sundayes in the afternoone , partly on weeke dayes , performed as well by combination , as some one man . 16 by prohibiting a direct prayer before sermon , and bidding of prayer . 17 by singing the te deum in prose after a cathedrall church way , in divers parochiall churches , where the people have no skill in such musicke . 18 by introducing latine service in the communion of late in oxford , and into some colledges in cambridge , at morning and evening prayer , so that some young students , and the servants of the colledge doe not understand their prayers . 19 by standing up at the hymnes in the church , and alwayes at gloria patri . 20 by carrying children from the baptisme to the altar so called , there to offer them up to god . 21 by taking downe galleries in churches , or restraining the building of such galleries where the parishes are very populous . memorandum . 1 that in all the cathedrall and collegiate churches two sermons be preached every sunday by the deane and prebendaries , or by their procurement , and likewise every holiday , and one lecture at the least to be preached on working dayes every weeke , all the yeare long . 2 that the musick used in gods holy service in cathedrall and collegiate churches be framed with lesse curiosity , that it may bee more edifying and more intelligible , and that no hymnes or anthemes be used where ditties are framed by private men , but such as are contained in the sacred canonicall scriptures , or in our liturgy of prayers , or have publique allowance . 3 that the reading deske be placed in the church where divine service may best be heard of all the people . considerations upon the booke of common prayer . 1 vvhether the names of some departed saints and others should not be quite expunged the kalender . 2 whether the reading of psalmes , sentences of scripture concurring in divers places in the hymnes , epistles and gospels , should not be set out in the new translation . 3 whether the rubrique should not bee mended , where all vestments in them of divine service are now commanded which were used , 2. ed. 6. 4 whether lessons of canonicall scripture should be put into the kalender in stead of apocrypha . 5. that the doxologie should be alwaies printed at the end of the lords praier , and be alwaies said by the minister . 6 whether the rubrique should not be mended , where it is ( that the lessons should be sung in a plaine tune ) why not ( read with a distinct voice . ) 7 whether gloria patri should be repeated at the end of every psalme . 8 whether according to that end of the preface before the common prayer , the curate should be bound to read morning and evening prayers every day in the church , if he be at home , and not reasonably tet●ed , and why not only on wensday , and fryday morning , and in the afternoone on saturdaies , with holyday eves . 7 whether the himnes , benedicite omnia opera , &c. may not be left out . 10 in the prayer for the clergy , that the phrase perhaps to be altered , which only worketh great marvails . 11 in the rubrique for the administration of the lords supper whether this alteration to be made , that such as intend to communicate shall signify their names to the curate over night or in the morning before prayers . 12 the next rubrique to be cleared , how far a minister may repulse a scandalous and notorious sinner from the communion . 13 whether the rubrique is not to be mended , where the churchwardens are straitly appointed to gather the almes for the poore before the communion begin , for by experience it is proved to be done better when the people depart . 14 whether the rubrique is not to be mended , concerning the party that is to make his generall confession upon his knees , before the communion , that it should be sayd only by the minister and then at every clause repeated to the people . 15 these words in the forme of the consecration , this is my body , this is my bloud of the new testament , not to be printed hereafter in great letters . 16 whether it will not bee fit to insert a rubrique touching kneeling at the communion , that is , to comply in all humility with the prayer which the minister makes when he delivers the elements . 17 whether cathedrall and collegiate churches shall be straitly bound to celebrate the holy communion every sunday at the least , and might not it rather be added once in a moneth . 18 in the last rubrique touching the communion , is it not fit that the printer make a full point , and begin with a new great letter at these words . and every parishioner shall also receive the sacraments . 19 whether in the first prayer at the baptisme , these words , didst sanctifie the floud iordan , and all other waters , should be thus changed , didst sanctifie the element of water . 20 whether it be not fit to have some discreete rubrique made to take away all scandall from signifyng the signe of the crosse upon the infants after baptisme , or if it shall seeme more expedient to be quite difused , whether this reason should be published , that in antient liturgies no crosse was confined upon the party , but where oyle also was used , and therfore oile being now omitted so may also that which was concomitant with it the signe of the crosse . 21 in private baptisme , the rubique mentions that which must not be done , that the minister may dip the child in water being at the point of death . 22 whether in the last rubrique of conformation those words be to be left out , and be undoubtedly saved . 23 whether the catechisme may not receive a little more enlargement . 24 whether the times prohibited for marriage are quite to be taken away . 25 whether none hereafter shall have licences to marry , nor be asked their banes of matrimony , that shall not bring with them a certificat from their ministers that they are instructed in their catechisme ; 26 whether these words in matrimony , with my body i thee worship , shall not be thus altered , i give thee power over my body . 27 whether the last rubrique of marriage should not be mended , that new married persons should receive the communion the same day of their marriage , may it not well be , or upon the next sunday following when the communion is celebrated . 28 in the absolution of the sicke , were it not plaine to say , i pronounce thee absolved . 29 the psalme of thanksgiving of women after childbirth , were it not fit to be composed out of proper versicles taken from divers psalmes . 30 may not the priest rather read the commination in the desk , then go up to the pulpit . 31 the rubrick in the commination leaves it doubtful whether the letany may not be read in divers places in the church . 32 in the order of the buriall of all persons , 't is said , wee commit his body to the ground , in sure and certain hope of resurrection to eternall life , why not thus , knowing assuredly , that the dead shall rise againe . 33 in the collect next unto the collect against the pestilence , the clause perhaps to be mended , for the honour of jesus christ sake . 34 in the letany instead of fornication and all other deadly sin , would it not satisfie thus ? from fornication and all other grevious sinnes . 35 it is very fit that the imperfections of the meeter in the singing psalmes should be mended , and then lawfull authority added unto them , to have them publiquely sunge before and after sermons , and somtimes instead of the hymns of morning and evening prayer . arch bishop of armach . bp. of lincolne . dr. prideaux . dr. ward . dr. brownrig . dr. featly . dr. hacket . severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in the first-fruits, and tenths annexed to the petition of james, earl of north-hampton, leicester, viscount hereford, sir william farmer, baronet, george carew, esq; and the rest of the petitioners for a patent of the first-fruits and tenths, for the term of one and thirty years, at the yearly rent of threescore thousand pounds. carew, george, esq. this text is an enriched version of the tcp digital transcription a80231 of text r230934 in the english short title catalog (wing c552). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 18 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a80231 wing c552 estc r230934 99896593 99896593 170749 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a80231) transcribed from: (early english books online ; image set 170749) images scanned from microfilm: (early english books, 1641-1700 ; 2424:3) severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in the first-fruits, and tenths annexed to the petition of james, earl of north-hampton, leicester, viscount hereford, sir william farmer, baronet, george carew, esq; and the rest of the petitioners for a patent of the first-fruits and tenths, for the term of one and thirty years, at the yearly rent of threescore thousand pounds. carew, george, esq. 1 sheet ([1] p.) s.n., [london : 1660] place of publication from wing (cd-rom edition). signed and dated at end: g.c. october the 5th. 1660. g.c. = george carew--wing (cd-rom edition). reproduction of original in the bodleian library. eng church of england -government -early works to 1800. ecclesiastical law -england -early works to 1800. tithes -england -early works to 1800. broadsides -england a80231 r230934 (wing c552). civilwar no severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in t carew, george, esq 1660 2995 23 0 0 0 1 0 110 f the rate of 110 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 pip willcox sampled and proofread 2007-11 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion severall grounds , reasons , arguments , and propositions , offered to the kings most excellent majesty , for the improvement of his revenue in the first-fruits , and tenths : annexed to the petition of james , earl of north-hampton , leicester , viscount hereford , sir william farmer , baronet , george carew , esq and the rest of the petitioners for a patent of the first-fruits and tenths , for the term of one and thirty years , at the yearly rent of threescore thousand pounds . that whereas in the 26th . year of king henry the eight , the lords spiritual , temporal , and commons assembled in parliament , with his royal assent , did ordain , and enact , that the king's highness , his heirs , and successours , kings of this realm , should have and enjoy for ever , the first-fruits , and profits for one year , of every person , and persons , which should be nominated , elected , presented , or by any other ways , or means appointed , to have any arch-bishoprick , bishoprick , deanry , prebendary , parsonage , vicarage , or other dignity , or spiritual promotion whatsoever within this realm , of what name , nature , or quality soever they be , or to whose patronages , or gifts soever they belong , the first-fruits , revenues , or profits , for one year of every such dignity , benefice , or spiritual promotion , whereunto any such person or persons , shall be nominated , presented , elected , or appointed ; and that every such person or persons , before any actual and real possession , or medling with the profits of any such dignity , benefice , office , or promotion spiritual , should satisfie , content , and pay , or agree to pay to the kings vse , at reasonable daies and times , upon good sureties , the first fruits and profits for one whole year , to the kings treasury . ☞ and it was enacted by the authority aforesaid , that the lord chancellour of england , and master of the rolls , for the time being , and from time to time , at their will and pleasure , should name and depute by commission , or commissions , under the great seal , fit persons to examine and search for the just and true values of the first fruits , and profits , by all ways and means that they can , and to compound and agree for the rate of the said first fruits and profits , and to limit days of payment upon good security , which should be in the nature of a statute staple . and whereas it was ordained and enacted by the authority aforesaid , that the kings majesty , his heirs , and successours , kings of this realm , shall yearly have , take , enjoy , and receive , united , and knit to the imperial crown for ever , one yearly rent or pension , amounting to the tenth part of all the revenues , rents , farmes , tythes , offerings , emoluments , and of all other profits , as well called spiritual , as temporal , now appertaining , or belonging , or hereafter that shall belong to any arch-bishop , or bishop , dean , prebend , parson , vicar , or other benefice , spiritual dignity , or promotion whatsoever , within any diocess of england or wales , and that the said yearly pension , tenth , or annual rent , shall be yearly paid to the kings majesty , his heirs or successours , kings of this realm for ever , which was confirmed by several acts of parliament , in 32 hen. 8. and 34 h. 8. and 37 h. 8. and 2 edw. 6. and 7 edw. 6. and the 1 eliz. ☞ and it was also further enacted and ordained by the said authorities , that the said yearly rent , pension , or tenth part , shall be taxed , rated , levied , received , and paid to the kings vse , in manner and form following , that is to say ; the lord chancellour of england , for the time being , shall have power and authority to direct into every diocess in england , and wales , several commissions in the kings name , under his great seal , to such person or persons , as the kings highness shall name and appoint , commanding , or authorising the commissioners , or three of them at least , to examine , search , and enquire , by all the ways and means that they can , by their discretions of , and for the true , just , and whole intire yearly values , of all the mannours , lands , tenements , rents , tythes , offerings , emoluments , and hereditaments , and all other profits whatsoever , as well spiritual as temporal , appertaining to any such dignity , or spiritual promotions as aforesaid , ordinary deductions to be defalked out of the same . and that the several bishops should be charged with the collection of the said first-fruits and tenths , in their several and respective diocesses . and that upon the bishops certificate any incumbent , refusing to pay his tenths , shall be discharged of his living . by the grave advice , and consultations of all estates in so many parliaments , the first fruits and tenths were granted and confirmed to the crown of england , for the better maintenance , and support of the royal estate . and if the people are since multiplied , whereby there is a further encrease of rents and tythes , and a greater value upon all commodities , the crown revenue should be improved towards the king's innumerable charges for the government , and well-being of those people , and holding a correspondence with all forreign princes , for their trade and commerce . as lately the spanish trade was restored at the king's charge . kings , and queens of england , gave most of the lands , tenements and hereditaments belonging to these ecclestastical dignities and promotions , and have also erected divers foundations , colledges , and houses of learning , and given large inheritances , and endowments thereunto , whereby most of the clergy have their educations , and are made fit for these dignities , and other ministerial offices in the church , without any great charge to their families , or relations , therefore good reason the first-fruits and tenths of all their dignities and benefices , should be paid to the king , whom they hold of , as patron paramount , and as supream head of the church , and defender of the faith of england . the statutes , and established laws of the land , are made for the full payment , and whole intire first-fruits and tenths , wherein the clergy themselves had their votes in parliaments . and it it is as great injustice for the clergie to withold any part of the kings dues , as others to deny them any part of their predial , personal , or mixt tythes , the subject in general suffers , wherein the kings revenue is abated , which of right belongs to the crown . every private person may , as often as he pleases , improve his own revenue , when occasion serves . the meanest subject is allowed the benefit of the law , and the king does him iustice , and maintains his property , according to the common and positive laws of the land . the king may expect the same ▪ benefit of the laws , and require his own rights , and revenues , by those rules of iustice , which all men are bound to observe and obey . three objections raised against payment , of first-fruits and tenths , answered by the petitioners . that the first-fruits and tenths , is an innovation obtruded upon the clergy of late times ▪ to this they answer , that the first-fruits and tenths , were paid in the saxons time , as appears by bedes ecclesiastical history , and have so contiued ever since in england , to this very day , and that those payments or tributes , bede calls vectigal , which signifies a badg of subordination of the clergie to the supream civil magistrate , and where they have cast off this tribute , the civil magistrate hath been subordinate to the authority of the church . that the first-fruits and tenths , are of a popish institution . answ. it may be satisfactory ●●ough , that this tribute of first-fruits and tenths , have been paid to all kings and queens of england , since the reformation in henry the eighth's time , without any repeal of any of the said statutes : but in the time of ●opery , ( viz. ) in the 2. and 3. of philip and marie , the act for paying of first-fruits and tenths was repealed , but confirmed again in the very first year of queen elizabeths reformation of religion from popery , by the statute of the 1. eliz. chap. 4. with a recital and ratification of all former statute● , that confirmed the same to the crown , and have continued in force ever since : so that if the tythes be jure divino , payable to the clergie for their administration of the word and sacraments to the people , the first-fruits and tenths jure politico are payable to the king , their soveraign lord , for his administration of iustice , and maintaining the rights , priviledges , and liberties , both of church and state . that the clergie of all orders and degrees , have lately suffered , and therefore ought not to be raised in their first fruits and tenths . answ. that the king hath suffered more , and his revenue much diminished by the late detestable and irreligious war , which hath been fomented , and encouraged by many thousands of the clergie , now confirmed in their livings by act of parliament , and the commons of england would more willingly pay their tythes , if they were sensible the first-fruits , and full tenths were to be paid to the king , as they lately expressed in their desires upon the like occasion of improving that part of the kings revenue . the incumbents have , and do daily take advantages for their tythes , of new tillage , and other improvements of land , which ought to be proportionably answered to the king . the bishops , and all other persons in spiritual dignities and promotions , may raise a full tenth part to be paid by their tenants , who offers now to advance so much besides the old reserved rents , and also to repair the ruins of their cathedral churches . six proposals to the king . 1. that the said petitioners will discharge the said debt of fifty thousand pounds due from the crown , as mentioned in their petition , and give good security for the payment of sixty thousand pounds yearly rent unto his majesty , his heirs or successours , kings of england , during the said term of one and thirty years , without any defalkation , other charges , or reprisal whatsoever . 2. that the petitioners will not take any first-fruits or tenths , of such benefice or living , which is appropriated to the cure of souls , that upon due examination and enquiry , shall not be indifferently found and returned at the full yearly value of thirty pounds upon the survey . 3. that no hospital , colledge , or schole shall pay any first-fruits or tents . 4. that the bishop shall not be troubled with the care or charge of collection of first-fruits or tenths , within his diocess : but be wholly busied in the other spiritual affairs of the church , and cure of souls . 5. that all ministers who were settled in livings , before the 29th . of may la● 1660. and have already compounded for their first fruits , shall be discharged accordingly . 6. that the petitioners will prepare a bill that the said patent for one a●d thirty years may be confi●med by parliament , ( with his majestyes concurrence ) to the petitioners , containing such covenants ▪ clauses ▪ provisoes , conditions , and agreements , as the attorney general , and the rest of his majesties council , learned in the law shall reasonably advice and direct , whereby all legall power and authority may be granted and confirmed to the petitioners , to tax , levie , and receive the said first-fr●its and tenths , in as large and ample a manner , as by the said laws and statutes , the same were granted to the kings and queens of england , as aforesaid . three proposals offered to the clergie . 1. that upon the nomination , appointment , election , or presentation of a●● spiritual person , into t●e said dignities , benefices , or promotions , and before they enter into the actual possession thereof , they shall be bound in a recognizance , in the nature of a statute staple , with two sufficient sureties to pay the first fruits , according to the full value , as shall be returned upon a survey , payable within four years , after such nomination , election , presentation , or entrance , at eight severall payments , by equal portions ●very six moneths , and that one years tenths of every such dignity , benefice , or promotion , shall be deducted out of the said first-fruits . 2. that whereas by the liberty and disorder of the late depraved times , the clergie were not held in such reverence and esteem by the common people , as the dignity of their calling requires . and they have been forced to commence several actions for their tythes , and by reason of contentio●s and distempered spirits , the preaching of the word of god , hath been unprofitable to the people , that have taken aprejudice against the ministery . therefore a short bill shall be prepared by counsel , and offered to the parliam●nt , that an act may be passed for the speedy recovering of tythes , and that the two next iustices of the peace adjacent to the place , may have power upon complaint of any minister , or other person to whom the tythes do , or shall belong , to issue their warrants yo distrain the goods and chattels of any person or persons refussing to pay their tythes to whom they shall become due and payable as aforesaid . that love and vnity may be preserved between the ministers and their congregations . 3. that it shall be proposed to his majesty , that forthwith conmissions m●y be issued out in his majesties name throughout england and wales , to examine and finde out the full values of all dignities , benefices , parsonages and other spiritual promotions aforesaid to return the surveys ther●of , with the names of the patrons , and present incumbents , ( and in the mean time to suspend all proceedings in the first-fruits office ) and that his majesty would be pleased to appoint thomas coleman to be secretary for pres●ntations , ( of all such livings as shall be in his majesties dispose ) who is a fit person for that imployment , and will wholly intend his majesties service therein : to the end , that his majesty may be fully informed of the true value of those livings , that well qualified persons may be preferred , answerable to such promotions . and whereas for the ease of his majesty , several livings and promotions were heretofore in the lord chancellour , or lord keepers dispose , to be so continued , notwithstanding any new return of a greater value . further arguments will be given by the petitioners ▪ in convenient time , conducing both to the advantage of the king , and the benefit of the clergy as occasion requires . all which is humbly submitted to the considerations of his majesty , the lord chancellour , lord high treasurer , and lord chief baron , &c. g. c. october the 5th . 1660. notes, typically marginal, from the original text notes for div a80231e-30 note , the current money of england much infeebled since those times . see the severall presidents and commissions with returns of full values in queen elizabeth's time . felix nullo que ut esse modo populus , cujus gubernandi potestas non penès regem sit divitem . felicia illa olim tempora , in quibus majus subditorum animis insedit utilitatis regiae studium , quam rerum suarum curae fa as king james was to the church of scotland . vide lord burley's speech to queen elizabeth . ●elode se est , quisquis de jure regali demit . the present yearly revenue not fifteen thousand pounds , all charges deducted . see selden upon tyhes of the eastern countries . vide sir henry yelverton's advice to king james . vide doctour iohn gerson in his treatise called regulae morales . necessary that an assistant be to the secretaries of state by reason of their m●ny other ●eighty affairs . a vindication of a late undertaking of certain gentlemen in order to the suppressing of debauchery and profaneness. fowler, edward, 1632-1714. 1692 approx. 31 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-11 (eebo-tcp phase 1). a40099 wing f1726 estc r27990 10325313 ocm 10325313 44842 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english 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(eebo-tcp ; phase 1, no. a40099) transcribed from: (early english books online ; image set 44842) images scanned from microfilm: (early english books, 1641-1700 ; 1384:3) a vindication of a late undertaking of certain gentlemen in order to the suppressing of debauchery and profaneness. fowler, edward, 1632-1714. 22 p. [s.n.], london : 1692. attributed to edward fowler--nuc pre-1956 imprints. reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng conduct of life. ecclesiastical law -england. 2003-07 tcp assigned for keying and markup 2003-07 aptara keyed and coded from proquest page images 2003-08 mona logarbo sampled and proofread 2003-08 mona logarbo text and markup reviewed and edited 2003-10 pfs batch review (qc) and xml conversion a vindication of a late undertaking of certain gentlemen , in order to the suppressing of debauchery , and profaneness . london , printed in the year , 1692. the preface . that which follows , had , for the substance of it , appeared abroad before now , but for the strange imprudence of a printer , and base treachery of a certain licenser ; who was intrusted by him ( wholly unawares to the writer ) with an imperfect copy , and , as to the latter part , a first draught ; which was promised to be returned home again , to have added or altered what should be thought fit . and whosoever shall be offended at what is here published , as taking themselves to be disobliged by it , i assure them it is not written from the least ill-will to any person in the world , but from the greatest good-will ; and that not onely to the best of causes , but also to those men who are most like to be incensed . methinks i hear now our cautious politico's asking , what ayls this person to be thus busily interposing in the behalf of those , who must needs by their extraordinary zeal be exposing themselves to the high displeasure of some , and the censures of others , as a sort of hot-headed and rash men ? but if they 'll vouchsafe to read what is here written , i hope they 'll see no just c●use to accuse him of being over-busy . but indeed , tho' the apostle saith , it is good to be always zealously affected in a good thing : and tho' their cool wisdomships can be as hot as their neighbours in their own concerns , yet 't is ordinary with many of them , to pass sly reflexions upon all religious zeal . but why zeal should not best become a cause , wherein the honour of almighty god is most highly concerned , and our country-mens happiness in the world to come , and this world too , they are too wise to offer at a reason . but they 'll object , that the ill-timeing of a good thing will make it chargeable with indiscretion . and who knows not this ? but how can zeal for so good a thing as the reformation of our manners , be ever ill-timed ? what is absolutely necessary , 't is impossible should be set about unseasonably . and it argues a mighty distrust of the divine providence , to fear , from the angering of the vicious part of the kingdom , any evil that can be greater , than the good of suppressing vice , or so great . nay , this savours of downright infidelity and irreligion . nor seems it much less culpable to think , that the disobliging of wicked men will be a weakning of this government . for 't is so far from being true , that the governments giving all possible discouragement to vice , may be a means to endanger it , that nothing can conduce more to the strengthening and securing thereof , nor so much neither ; and that naturally , as well as through the blessing of god almighty . h●nest tully hath told us as much as this comes to . the offence which profane and vicious men may take at the government , is a meer scare-crow ; for so long as they see it for their interest , to adhere to it , there is no fear but they will ; and they 'll put on a shew of being reformed , nay and ape a zeal too for reformation , rather than hazard their preferments under it , or their prince's favour : and 't is certain that the government can be secure of such no longer , than their interest holds them fast to it , tho' their vices should be never so much connived at . but it hath been much observed both in city and country , that those whose conversations are none of the strictest , did upon the late execution of the laws , with some briskness , express great liking of it , in hopes of having for the future , their children and servants , under better government . and the truth is , the height of viciousness , to which the youth of this nation , and especially of this city , are arrived , is a most melancholly subject to reflect upon ; but not to be wondred at any more , that that bad examples should be more powerful than good precepts . and this presents us with as sad a prospect , of the age's being still more and more corrupted , and of the next ages proving worse than this , if more time should be lost ; and the setting in great earnest on the work of reformation be longer delayed . and i need not add , that the longer it is so , the work will every year be the more difficult . a vindication of a late undertaking of certain gentlemen , &c. the most deplorable degeneracy of this nation in its morals , occasioned by the encouragement , which for many years together , ( for a well-known reason ) was given to vice , raised in the minds of serious people , very strong apprehensions of approaching judgments ; and accordingly very great ones came down upon us ; and two such , as no age hath parallel'd in these kingdoms , within a few years after the return of king charles . but those having produced nothing of reformation , they were followed with others from time to time ; and these likewise being lost upon us , at length we had all the reason in the world to look for the heaviest calamities that could befal us , viz. popery and slavery ; but when these were at the door and just entering , so infinitely merciful was he to us , whose ways are not as our ways , nor whose thoughts as ours , as strangely to surprize us with a happy deliverance . and the blessed instrument thereof , with his most virtuous consort , being by god's wonderful providence plac'd on the throne , never were so great hopes conceived as now , of an effectual reformation . but alas , in a short time it was too apparent , that this deliverance came too soon , to be much valued by such a people , as generally we were . it found us miserably unqualified to receive it , and the returns we have made to the divine goodness for it , speak us no less unworthy of the continuance of it . for neither hath the first part of the deliverance , nor the many amazing things god almighty hath since done , both at home and abroad , towards the perfecting and securing thereof , had any visible good effect upon us . but those vices which before reigned , and cryed to heaven for vengeance , do reign still as much as ever ; and those who were filthy before , let god use never so powerful means for the cleansing of them , will be filthy still ; as if , to speak in the prophets language , they had made a covenant with death , and were at an agreement with hell. and whereas we have very good laws for the suppressing of vice , i will not say how very few have hitherto shewed , any thing of zeal or an hearty concern ( notwithstanding the highest obligation ) for the execution of them : nor from how many nothing is to be expected , but an extream averseness to a reformation . but to come to the business of these papers : certain pious gentlemen , all of the church of england , laying greatly to heart these things , resolved to make tryal , whether any thing could be done , towards the giving a check to debauchery and profaneness ; and joyntly pitch't upon this following method for the reforming of offenders in those two most scandalous instances , by due course of law , viz. first , to endeavour the procuring of a letter from the queen ( the king being then absent ) to the justices of the peace for the county of middlesex , requiring them to put the laws in execution against drunkenness , vncleanness , swearing , cursing , profanation of the lords day , &c. secondly , to endeavour the obtaining a good order of sessions to be made thereon . and her majesty having ( like her self ) most chearfully granted the humble request of the lord bishop of worcester , for such a letter ; and having accordingly sent a very pious and pressing one to those justices ; and the justices having thereupon publish't an exceeding good order , these gentlemen , encouraged with this good success , thirdly , made it their request to many of their acquaintance , ( and all of the church of england too ) whom they knew to be sober and religious persons , to give information to some justice of the peace , of all offences of the forementioned nature , which they should observe to be committed ; as by the order of sessions they are encouraged to do . and that all possible ease might be given to the informers , the iustices , and their clerks : 1. they printed blank-warrants against the several offences . 2. they procured divers persons ( to the number of eighteen or twenty ) inhabiting in convenient places of the city and suburbs , to fill up such warrants , as the case should happen to be ; for the informers , who should carry the same to the justice ; by which means he would have nothing more to do , but to examine them upon oath , and sign and seal the said warrants . and , 3. to ease the justices servant of the trouble of carrying every warrant to the proper officer , the informer was to take his warrant back with him to the person who filled it up ; with whom care was taken to have it executed ; as will appear presently . that the penalties might be duly applyed to the use of the poor , and not imbezel'd by the constables or church-wardens , they took this method . 1. they directed every person who filled up the warrants , to keep an account or register of the several offenders names , the offence of each , the time when , and place where each offence was committed : and , when the informer had brought him back the warrant , to insert also the name of the magistrate , before whom each conviction was made ; 2. they appointed a special messenger , and paid him well for his pains , to collect all the said warrants and registers weekly ; and , after they were sorted , to carry them out again to the proper officers of the several parishes where they were to be executed ; and to insert the names of the several constables , to whom each of the said warrants should be delivered , in the said registers . 3. they prepared an abstract of these registers , to be presented to the justices at their petty-sessions , for the enabling them to call every constable to an account , how he had executed the several warrants he was charged with in that register ; and to what church-warden he had payd the penalties by him levyed . 4. a short account was to be taken out of all those abstracts , by which to charge the several church-wardens , at the making up of their accounts with all the money by them received on those warrants , in order to their sending it to the several vestries once a year . and lastly , to awaken all good christians throughout the kingdom , whether magistrates or private persons , to a vigorous endeavour for a reformation of manners , they set the good example of the justices of middlesex , and the following as good a one , of the lord mayor of london , and court of aldermen , before the rest of the nation . for which purpose they caused the orders of the said sessions and court , to be printed in a smaller character ; and of these they sent several thousands throughout the kingdom , viz. to most parliament-men , mayors , bayliffs , iustices of the peace , ministers , coffee-houses , &c. and the printing and postage too were wholly at their own charge . and , thanks be to god , they quickly saw extraordinary good effects hereof , in the excellent orders of the like nature , made by the cities of york , gloucester , &c. and by the counties of hertford , buckingham , bedford , sussex , gloucester , the north-riding of yorkshire , and divers others . and there was perceived very good success of their endeavours at home , by the manifest ceasing in a great measure of the profanation of the lords day ; and the awe that appeared upon many common swearers and drunkards , who either felt , or had notice of , the execution of the laws against such o●fenders . but for as much as another sort of informers , who had been so busie a few years since , hath made that name odious to inconsiderate people ; and that the restraining of licenciousness , is ever extreamly grievous to the licencious , 't was necessary that the justice should be desired by the informer to conceal his name from the offender : there having been too many instances of late , not unknown to the justices , of those , who , instead of amending by the gentle punishment of one sin , have added more to it , by reeking their revenge on such as informed against them , with great barbarity . i say the concealing the informers name , for this reason , ought to be judged necessary ; especially when he is ready to appear , and prove the fact to the face of the offender , in case he persists in the denial of it . and care was taken , that in this case the informer should adventure to appear , although the law doth not oblige to it ; as will be seen anon . this is an exactly true , but imperfect narrative of the undertaking of these gentlemen ; and is it possible it should need a vindication ? who would not now wonder that such a word as this should be seen in our title-page ? for can there be a nobler design laid , than that which is directly and solely for the advancement of the publick good ? and is not that good , which comprehends both the spiritual and temporal interest of the publick , the incomparably greatest publick good ? and is not he a brute who needs to be told , that the reformation of mankind , and running down of vice , is such a good as contains in it both these interests ? but this was the onely design of this undertaking . and it hath been shewed , that it was not limited to the reformation of one city , or one county , but it extended to the whole kingdom . and a due countenance from those who are principally obliged to encourage it , must needs cause it to have in time , an happy influence upon both the other kingdoms . and then , how much farther in the world it may by gods blessing reach , he 〈◊〉 knows . moreover ; these gentlemen were so far f●●m designing to serve themselves by this undertaking , that , as they were not capable of getting one penny for their pains , so they expended in the carrying of it on , considerable sums out of their own purses . nor can they with any justice or charity be censured , as designing the applause of the sober and virtuous part of the nation , ( as highly as they deserve it ) for we are wholly beholden to their enemies for our knowledge of so much as one of the undertakers , or of the undertaking it self . and those who received the printed orders all over the kingdom , were perfectly ignorant from whose hands they came . and as to the foresaid method they agreed on , for the managing of this design , it as little needs a uindication as the design it self ; and is so far from being lyable to be taxed with imprudence , that i ( for my part ) must needs profess , i greatly admire the wisdom of the contrivance . i challenge those who dare to reproach it , to shew any project better fitted for the attainment of its end , than this throughout is . 't is scarce civil to desire them to mend it themselves , since there is no employment they can be more averse to . in short , 't is a lamentable instance of the debauchery of the age , that it is not a piece of great impertinence to publish a vindication of such an undertaking . but so it is , that the clamours of delinquents , which , where they are readily received , shall never be wanting ; served for an occasion to certain gentlemen , whose own conversations will not suffer them to be reconciled to the thoughts of a general reformation , to calumniate it , with the persons concerned in it ; and to do their utmost to overthrow it . all the tales of punish'd ale-house-keepers and other criminals , were by them immediately received as gospel , since they were told by such dis-interessed and unbyast people ; and hereupon they fall to work. and no wonder , for if the prince of darkness had not now bestirr'd himself , to baffle a design so directly levelled against his kingdom , this would doubtless have been the very first time of his being unconcern'd upon such an occasion . and first these persons satisfied themselves a while with playing at small-game ; and among other most notorious untruths , they gave it out with great assurance , that there was a wonderfully gainful office lately set up in lincolns-inn , where hundreds of pounds were already gotten by the erecters of it . and what great pity is it , provided the tempting wages could have reconciled them to such loathsom work , that themselves had no interest in the stock going there ? by my consent , they should have had shares gratìs upon that condition ; nay , could they have been hyred thereby not to hinder business , the founders of the office should have done all the drudgery , and they should have all the gains , but that the poor ran away with every farthing . and , by the way , the informers too who were engaged in this undertaking , refused to receive a penny of the penalties in those cases wherein the law alloweth them the third part . they desired no other reward for so good a work , than what they are sure to have in the other world , and would have only their labour for their pains in this. and when it appeared to every body by the form of the warrants , that the constables were to pay the money they had levyed upon offenders , to the church-wardens , for the use of the poor , the foresaid persons found that a lye could do them very little service , which was every whit as easily detected as told . and now from talking they proceed to action ; and 't is well known how the first blow was given to this undertaking ; though several worthy justices of the peace , to their honour be it spoken , heartily interposed for the prevention of it . in order to it , they in the first place fell very heavily on mr. hartley , a virtuous person , who had given as a justice , all possible encouragement to this best of works . he was loaded with diverse accusations of injustice in his proceedings ; and those on which the greatest weight was laid , were the two following , whereby the reader may judge of the rest . and perhaps they were both true as to matter of fact , whatever they were as to their faultiness . one was , that the name of the landlord of an ale house was inserted in one of his warrants , instead of the tenant's who kept the house . the other , that a woman was called in another warrant by the name of her dead husband , after she was again married . now as to the former , it is said , that the landlord also liv'd in the house ; so that 't was unknown to many which of them was master of it : however , the house was ascertained in the warrant , and the offence against the law , there committed , positively sworn to . and as to the latter , 't is ordinary among the meaner sort , to call women , at least for some time after their second marriages , by the names of their former husbands : and those who had not heard of the husbands death , might without any great offence presume him to be still living . nor was it necessary that all who knew of his death , should know that his widow was a wife again . these are the only objections which we find particularly assign'd against mr. hartley's proceedings , and therefore unpardonable faults no doubt ! but the best of it is , they were the informers not the iustices . but can any one of those who have made such ado with these two trifles , make any body believe that his justiceship ( if he be in commission ) was never so imposed on ? he hath had very little custom , or very great luck , if it never was . but old aesop hath helpt us to a true proverb : it is an easie thing to find a staff to beat a dog. but suppose these two were culpable mistakes , for want of due caution , as those who have made such mighty matters of them , can't think them so in the iustice , and scarcely in the informers : i wish they would seriously consider , what means that question of our blessed saviour ; why beholdest thou the mote which is in thy brothers eye , and perceivest not the beam that is in thine own eye ? o how happy would it be for , especially some of them , were they chargeable with no worse mistakes , or lay they under the scandal of nothing worse than mistakes ! such little things as these , and which are as soon rectified as perceived , would be easily over-look't for the sake of the greatness and nobleness of the undertaking , by all such as heartily desire a reformation ; nay , by those who are but able to bear the thoughts of it : nay , one would think too , by those who , though they would fain have none , have so much modesty remaining , as to be ashamed openly to oppose it . which sure none can have the impious bravery to do , but such as would make a true story of the fiction of the giants , by designedly fighting against god himself , if they believe there is one . and as it is eminently his cause in which these pious gentlemen engaged themselves ; so no christian can doubt , nor scarce a hearty theist , whether god hath a special hand in all undertakings of this nature ; nor whether those who are employed in them are his instruments ; called , spirited and assisted by him : i mean on supposition , that they carry on their work by lawful means , and transgress not the bounds of those stations in which providence hath placed them . but malice it self may be defyed to shew any one instance , wherein these persons ( the undertakers i mean ) have not strictly kept to the observance of humane , as well as the divine laws ; or acted out of their own sphere . it is evident by the foresaid narrative , that there was nothing in their undertaking , but what they had at least liberty from our laws to do , nay , a commission ( i mean a general one ) from god to do ; and the queens commission too , may be easily made out of her majesties most gracious letter , for what they have done ; could they stand in any need of it . as to the particular charges against two of the undertakers , and divers of the imformers , the world will quickly be satisfied they are mere forgeries by a better hand ; and therefore i will wholly wave them . mr. hartley will be also vindicated from the other misdemeanours objected against him in the execution of his office ; but i cannot forbear to touch upon two more of these . one was , that he play'd the busy-body in acting out of his own division . and 't is true , that he did so act , but not that he was a busy-body in so doing . for , as he did it not but when 't was necessary , so he had expresly violated his justices oath , if he had refused it . the other was , his convicting offenders , without bringing them and their accusers face to face . now , besides what hath been said to this already , which shews the necessity of his frequently so doing , so the law ought not to be understood as being against it : for the same magna charta which saith , that no man shall be condemned vnheard ; saith also , that no man shall be disseized of his goods or life , but by a tryal per pares . in which latter , if an act of parliament hath dispensed as to goods , it may well be construed so to do in the former clause ; especially when there is no proportion between the crime and the punishment : i mean , when the former is very great , and the latter as little ; and this not to be inflicted but by a solemn conviction upon the oath of a credible person , and in some cases of two ; and the oaths likewise of such , as get not one farthing of the penalty . this is as much as we design to say , relating to the first blow that was given to this undertaking . a second soon followed it , and this proved a home one . and gods will be done , if there is no remedy to be had . but there is little likelihood of any , should good men be so sheepish , as to conceal , or only vent to one another , their sorrowful resentment of fierce oppositions to reformation , and such an open contempt as is now cast upon the best of queens , in baffling a design so well adapted to the promoting of the business of her excellent letter . and of the great encouragement given to licencious publick houses ; of several instances of which , diverse bishops , to their no small trouble , have been ear-witnesses . there is an objection which have been too often made against the restraining of such houses , viz. that their majesties excise will be greatly lessened by this means . but who is able to think it can be grateful to such a king and queen as we are now bless't with , to have their revenue enlarged by the sins of their people ? who can be ignorant , that there is nothing they would more abominate ? or that their majesties do not need to be told , that their revenue must most certainly be exceedingly diminished by the poverty of their subjects ; and nothing is more observed , than that multitudes of them do every year bring themselves and families to a morsel of bread , by being permitted so much drink ; expresly contrary to our laws , which lay great restraints upon drinking-houses , and drinkers in them ; not only on sundays , but the week-dayes too . possibly some may object against the matter of these pages , that advice of the poet : dum furor in cursu est , &c. when you see fury ride full speed , get out o' th' way of fury's steed . and censure it as too heady an act , now vice is so rampant , thus to expose our selves to the rage of the vicious . but it may be replyed , that whosoever is heartily concerned at vice's being now so rampant , must have the soul of a nit , if he fears looking it in the face in such a reign as this . if he be more afraid of debauchees and profane persons in king william's and q. mary's reign , than many were of papists and jesuites in king iames's . or apprehends more danger in attacquing those now , than these then , without the leave of a licenser . and as to the governments having any reason to be afraid of provoking them , i add to what is said in the preface , that vice is a dastardly cow-hearted thing , and always sneaks when bravely born up to ; having nothing to plead in its own defence . but could vicious men invent any thing to say for themselves , they are still self-condemned . their vices also make them too soft and effeminate , to carry on with any vigour a dangerous design . nor can they confide in one another , in laying a conspiracy , as having no principle to secure fidelity : so that there is not the least fear of their being too hard for the sober part of the nation ; of which i hope there are an hundred to one on the side of the government . were those who bear an implacable enmity to any thing of reformation , onely injurious to their own souls , the charity we have for them , might have forbidden us to be silent , upon such an occasion as is now given us ; much less then can we have any temptation to be shy of offending them , when we consider how extreamly the publick , and their majesties great affairs have suffered by them , and are still like to suffer ; and what heavy judgments ought to be expected from a most highly provoked god , for the toleration of so much wickedness , after as great obligations as ever were laid upon a nation . now the third time draws on a pace , when he , who is the light of our eyes , and the breath of our nostrils , designs to expose his sacred person for our safety , and the well-fare of all christendom , to such dangers as nothing but the courage of a matchless hero could encounter : and therefore 't is more than time , that a more effectual course than ever be taken to run down those enemies at home ( our reigning sins ) which may do , through god's just judgment , our potent enemy abroad more service , than all the preparations he hath made against us . and in order thereunto , to take all possible care , that none be intrusted with the business of reforming others , who need as much as any to be reformed themselves . as also to give all encouragement to those , whose hearts god hath inclined to give their helping hand to a work of such absolute necessity , we may be much afraid to think of the king 's again leaving us , before this be done , or at least a doing . and , thanks be to god , and their majesties , since this was written comes the happy news , of this work 's being again set on foot , by a most pious proclamation . finis . constitutions and canons ecclesiasticall; treated upon by the archbishops of canterbury and york, presidents of the convocations for the respective provinces of canterbury and york, and the rest of the bishops and clergie of those provinces; and agreed upon with the kings majesties licence in their severall synods begun at london and york. 1640 ... constitutions and canons ecclesiastical church of england. this text is an enriched version of the tcp digital transcription a00089 of text r212834 in the english short title catalog (stc 10080). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 66 kb of xml-encoded text transcribed from 27 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a00089 stc 10080 estc r212834 99835843 99835843 69 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a00089) transcribed from: (early english books online ; image set 69) images scanned from microfilm: (early english books, 1475-1640 ; 1413:17) constitutions and canons ecclesiasticall; treated upon by the archbishops of canterbury and york, presidents of the convocations for the respective provinces of canterbury and york, and the rest of the bishops and clergie of those provinces; and agreed upon with the kings majesties licence in their severall synods begun at london and york. 1640 ... constitutions and canons ecclesiastical church of england. this text is an enriched version of the tcp digital transcription a00089 of text r212834 in the english short title catalog (stc 10080). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [4], 10, [42] p. printed by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, london : 1640. signatures: a-g⁴. the first leaf is blank except for signature-mark "a" in a mortised ornament. quire b is in two settings: b1v line 1 has (1) "fidelitie" or (2) "fidelity". quire c inner forme is in two impositions: c1v has catchword (1) "and" or (2) "they". reproductions of the originals in the union theological seminary (new york, n.y.). library and the british library (thomason tracts). eng church of england -government -early works to 1800. ecclesiastical law -great britain -early works to 1800. a00089 r212834 (stc 10080). civilwar no constitutions and canons ecclesiasticall; treated upon by the archbishops of canterbury and york, presidents of the convocations for the res church of england 1640 11870 143 0 0 0 0 0 120 f the rate of 120 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-03 spi global keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 olivia bottum text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion constitutions and canons ecclesiasticall ; treated upon by the archbishops of canterbury and york , presidents of the convocations for the respective provinces of canterbury and york , and the rest of the bishops and clergie of those provinces ; and agreed upon with the kings majesties license in their severall synods begun at london and york . 1640. in the yeer of the reign of our soveraign lord charles , by the grace of god , king of england , scotland , france , and ireland , the sixteenth . and now published for the due observation of them , by his majesties authority under the great seal of england . london : printed by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . 1640. charles , by the grace of god , king of england , scotland , france , and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . whereas our bishops , deanes of our cathedrall churches , arch-deacons , chapters and colledges , and the other clergie of every diocesse within the severall provinces of canterburie and yorke , being respectively summoned and called by vertue of our severall writs to the most reverend father in god , our right trustie , and right welbeloved counceller , william , by divine providence , lord arch-bishop of canterburie , primate of all england , and metropolitan , and to the most reverend father in god , our right trustie and welbeloved counceller : richard , by divine providence , lord arch-bishop of york , primate and metropolitan of england respectively directed , bearing date the twentieth day of februarie , in the fifteenth yeer of our reign , to appear before the said lord arch-bishop of canterburie in our cathedrall church of s. paul in london , and before the said lord arch-bishop of york , in the metropolitan church of s. peter in york the fourteenth day of april then next ensuing , or elswhere , as they respectively should think it most convenient● to treat , consent and conclude , ●pon certain difficult and urgent affairs contained in the said writs ; did thereupon at the time appointed , and within the cathedrall church of s. paul , and the metropolitan church of s. peter aforesaid , assemble themselves respectively together , and appear in severall convocations for that purpose , according to the said severall writs , before the said lord arch-bishop of canterburie , and the said lord arch-bishop of york respectively . and forasmuch as we are given to understand , that many of our subjects being misled against the rites and ceremonies now used in the church of england , have lately taken offence at the same , upon an unjust supposall , that they are not onely contrary to our laws , but also introductive unto popish superstitions , whereas it well appeareth unto vs upon mature consideration , that the said rites and ceremonies which are now so much quarrelled at , were not onely approved of , and used by those learned and godly divines , to whom at the time of reformation under king edward the sixth , the compiling of the book of common prayer was committed divers of which suffered martyrdome in queen maries dayes ) but also again taken up by this whole church under queen elizabeth , and so duely and ordinarily practised for a great part of her reign ( within the memory of divers yet living ) as that it could not then be imagined that there would need any rule or law for the observation of the same , or that they could be thought to savour of popery . and albeit since those times , for want of an expresse rule therein , and by subtile practises , the said rites and ceremonies began to fall into disuse , and in place thereof , other forrain and unfitting usages by little and little to creep in ; yet forasmuch as in our own royall chappels , and in many other churches , most of them have been ever constantly used and observed , we cannot now but be very sensible of this matter , and have cause to conceive that the authors and fomentors of these jealousies , though they colour the same with a pretence of zeal , and would seem to strike onely at some supposed iniquity in the said ceremonies ; yet , as we have cause to fear , ayme at our own royall person , and would fain have our good subjects imagine that we our self are perverted , and do worship god in a superstitious way , and that we intend to bring in some alteration of the religion here established . now how far we are from that , and how utterly we detest every thought therefore , we have by many publike declarations , and otherwise upon sundry occasions , given such assurance to the world , as that from thence we also assure our self , that no man of wisdom and discretion could ever be so beguiled as to give any serious entertainment to such brain-sick jealousies ; and for the weaker sort , who are prone to be misled by cr●fty seducers , we rest no lesse confident , that even of them , as many as are of loyall , or indeed but of charitable hearts , will from henceforth utterly banish all such causlesse fears and surmises , upon these our sacred professions , so often made by vs , a christian defender of the faith , their king , and soveraign . and therefore if yet any person , under whatsoever mask of zeal or counterfeit holinesse , shall henceforth by speech or writing , or any other way ( notwithstanding these our right , hearty , faithfull , and solemn protestations made before him , whose deputy we are against all and every intention of any popish innovation ) be so ungracious and presumptuous as to vent any poisoned conceits , tending to such a purpose , and to cast these devilish aspersions and jealousies upon our royall and godly proceedings , we require all our loyall subjects , that they forthwith make the same known to some magistrate , ecclesiasticall or civill ; and we straightly charge all ordinaries , and every other person in any authority under vs , as they will answer the contrary at their utmost perill , that they use no palliation , connivence , or delay therein ; but that taking particular information of all the passages , they do forthwith certifie the same unto our court of commission for causes ecclesiasticall , to be there examined , and proceeded in with all fidelity and tendernesse of our royall majestie , as is due to vs their soveraigne lord and governour : but forasmuch as we well perceive that the misleaders of our well minded people , do make the more advantage for the nourishing of this distemper among them from hence , that the foresaid rites and ceremonies , or some of them , are now insisted upon but onely in some diocesses , and are not generally revived in all places , nor constantly and uniformly practised thorowout all the churches of our realm , and thereupon have been lyable to be quarrelled and opposed by t●em who use them not ; we therefore out of our princely inclination to vniformity and peace , in matters especially that concern the holy worship of god , proposing to our self herein the pious examples of king edward the sixth , and of queen elizabeth , who sent forth injunctions , and orders about the divine service , and other ecclesiasticall matters , and of our dear father of blessed memory , king james , who published a book of constitutions and canons ecclesiasticall ; and ( according to the act of parliament in this behalf ) having fully advised herein with our metropolitan , and with our commissioners authorised under our great seal for causes ecclesiasticall , have thought good to give them free leave to treat in convocation , and agree upon certain other canons necessary for the advancement of gods glory , the edifying of his holy church , and the due reverence of his blessed mysteries and sacraments : that as we ●ver have been , and by gods assistance ( by whom alone we reign ) shall ever so continue carefull and ready to cut off superstition with one hand , so we may no lesse expell irr●verence and profanenesse with the other , whereby it may please almighty god , so to blesse vs , and this church committed to our government , that it may at once return unto the true former splendour of vniformity , devotion , and holy order , the luster whereof for some yeers by past hath been overmuch obscured , through the devices of some ill affected to that sacred order , wherein it had long stood from the very beginning of the reformation , and through inadvertencie of some in authority in the church under vs : we therefore by vertue of our prerogative royall , and supream authority in causes ecclesiasticall , by our severall and respective letters patents under our great seal of england , dated the fifteenth day of aprill now last past , and the twelfth day of may then next following , for the province of canterbury ; and by our like letters patents dated the seven and twentieth day of the same m●neth of aprill , and the twentieth day of the moneth of may aforesaid , for the province of york , did give and grant , full , free , and lawfull libertie , licence , power and authoritie unto the said lord arch-bishop of canterbury , president of the said convocation , for the province of canterbury , and unto the said lord arch-bishop of york , president of the said convocation for the province of york , and to the rest of the bishops of the said provinces , and unto all deanes of cathedrall churches , arch-deacons , chapters and colledges , and the whole clergie of every severall diocesse , within the said severall provinces , and either of them , that they should and might from time to time , during the present parliament , and further during our will and pleasure , conferre , treat , debate , consider , consult , and agree of and upon canons , orders , ordinances , and constitutions , as they should think necessary , fit , and convenient for the honour and service of almighty god , the good and quiet of the church , and the better government thereof , to be from time to time observed , performed , fulfilled , and kept , as well by the said arch bishop of canterbury , and the said arch-bishop of york , the bishops , and their successours , and the rest of the whole clergie of the said severall provinces of canterbury and york , in their severall callings , offices , functions , ministeries , degrees , and administrations ; as by all and every dean of the arches , and other judges of the said severall arch-bishops , of courts guardians of spiritualties , chancellours , deanes and chapters , arch-deacons , commissaries , officials , registers , and all and every other ecclesiasticall officers , and their inferiour ministers whatsoever , of the same respective provinces of canterbury and york , in their , and every of their distinct courts , and in the order and manner of their , and every of their proceedings , and by all other persons within this realm , as farre as lawfully being members of the church it may concern them , as in our said letters patents amongst other clauses more at large doth appear . now forasmuch as the said lord arch-bishop of canterbury , president of the said convocation for the province of canterbury , and the said arch-bishop of york , president of said convocation for the province of york , and others the said bishops , deans , arch-deacons , chapters and colledges , with the rest of the clergie , having met together respectively , at the time and places before mentioned respectively , and then and there , by vertue of our said authority granted unto them , treated of , concluded , and agreed upon certain canons , orders , ordinances , and constitutions , to the end and purpose of vs limited and prescribed unto them , and have thereupon offered and presented the same unto vs , most humbly desiring vs to give our royall assent unto the same , according to the form of a certain statute or act of parliament made in that behalf in the 25th . yeer of the reign of king henry the eighth , and by our said prerogative royall and supream authority in causes ecclesiasticall , to ratifie by our letters patents under our great seal of england , and to confirm the same , the title and tenour of them being word for word as ensueth . constitutions and canons ecclesiasticall , treated upon by the archbishops of canterbury and york , presidents of the convocations for the respective provinces of canterbury and york , and the rest of the bishops and clergie of those provinces : and agreed upon with the kings majesties licence in their severall synods begun at london and york 1640. in the yeer of the reign of our soveraign lord , charles , by the grace of god , king of england , scotland , france , and ireland , and sixteenth . i. concerning the regall power . whereas sundry lawes , ordinances , and constitutions have been formerly made for the acknowledgment and profession of the most lawfull and independent authority of our dread soveraign lord , the kings most excellent majestie , over the state ecclesiasticall and civil : we ( as our dutie in the first place bindes us , and so far as to us appertaineth ) enjoyn them all to be carefully observed by all persons whom they concern , upon the penalties in the said laws and const●tutions expressed . and for the ●uller and clearer instruction and information of all christian people within this realm in their duties in this particular ; we do further ordain and decree , that every parson , vicar , curate , or preacher upon some one sunday in every quarter of the yeer at morning prayer , shall in the place where he serves , treatably , and audibly read these explanations of the regall power here inserted . the most high and sacred order of kings is of divine right , being the ordinance of god himself , founded in the prime laws of nature , and clearly established by expresse texts both of the old and new testaments . a supream power is given to this most excellent order by god himself in the scriptures , which is , that kings should rule and command in their severall dominions all persons of what rank or estate soever , whether ecclesiasticall or civill , and that they should restrain and punish with the temporall sword all stubborn and wicked doers . the care of gods church is so committed to kings in the scripture that they are commend●d when the church keeps the right way , and taxed when it runs amisse , and therefore her government belongs in chief unto kings : for oth●rwise one man would be commended for anothers care , and taxed but for anothers negligence , which is not gods way . the power to call and dissolve councels both nationall and provincial is the true right of all christian kings within their own realms or territories : and when in the first times of christs church , prelates used this power , 't was therefore onely because in those dayes they had no christian kings : and it was then so onely used as in times of persecution , that is , with supposition ( in case it were requir●d ) of submitting their very lives unto the very laws and commands even of those pagan princes , that they might not so much as seem to disturb their civill government , which christ came to confirm , but by no means to undermine . for any person or persons to set up , maintain , or avow in any their said realms or territories respectively , under any pretence whatsoever , any independent coactive power , either papall or popular ( whether directly or indirectly ) is to undermine their great royall office , and cunningly to overthrow that most sacred ordinance , which god himself hath established : and so is treasonable against god , as well as against the king . for subjects to bear arms against their kings , offensive or defensive , upon any pretence whatsoever , is 〈◊〉 the least to resist the powers , which are ordained of god : and though they do not inv●de , but onely resist , st. paul tels them plainly , th●y shall receive to themselves damnation . and although tribute , and custome , and aide , and subsidie , and all manner of necessary support and s●pply , be respectively due to kings from their subjects by the law of god , nature , and nations , for the publike defence , care and protection of them : yet n●verthelesse , subjects have not onely possession of , but a true and just right , title and propertie , to , and in all their goods and estates , and ought so to have : and these two are so far from ●rossing one another , that they mutually go together , for the honourable and comfortable support of both . for as it is the dutie of the subjects to supply their king : so is it part of the kingly office to support his subjects in the property and freedom of their estates . and if any parson , vicar , curate , or preacher shall voluntarily or carelesly neglect his duty in publishing the said explications and conclusions , according to the order above prescribed , he shall be suspended by his ordinary , till such time as upon his penitence he shall give sufficient assurance , or evidence of his amendment ; and in case he be of any exempt jurisdiction , he shall be censurable by his majesties commissioners for causes ecclesiasticall . and we do also hereby require all archbishops , bishops , and all other inferiour pries●s and ministers , that they preach , teach , and exhort their people to obey , honour , and serve their king ; and that they presume not to speak of his majesties power in any other way then in this canon is expressed . and if any parson , vicar , curate , preacher , or any other ecclesiasticall person whatsoever , any deane , canon , or prebendarie of any collegiate or cathedrall church , any member or student of colledge or hall , or any reader of divinity , or humanity in either of the universities , or elswhere , shall in any sermon , lecture , common place , determination , or disputation either by word or writing , publikely maintain or abett any position or conclusion , in opposition or impeachment of the aforesaid explications , or any part or article of them , he shall forthwith by the power of his majesties commissioners for causes ecclesiasticall , be excommunicated till he repent , and suspended two yeers from all the profits of his benefice , or other ecclesiasticall , academicall , or scholasticall preferments : and if he so offend a second time , he shal be deprived from all his spirituall promotions , of what nature or degree soever they be . provided alwayes , that if the offence aforesaid be given in either of the universities , by men not having any benefice or ecclesiasticall preferment , that then the delinquent shall be censured by the ordinary authority in such cases of that university respectively , where the said fault shall be committed . ii. for the better keeping of the day of his majesties most happy inauguration . the synode taking into consideration the most inestimable benefits which this church enjoyeth , under the peaceable and blessed government of our dread sovereign lord , king charles ; and finding that aswell the godly christian emperours in the former times , as our own most religious princes since the reformation , have caused the dayes of their inaugurations to be publikely celebrated by all their subjects , with pray●rs and thanksgiving to almighty god ; and that there is a particular form of prayer appointed by authority for that day and purpose ; and yet with all considering how negligent some people are in the observance of this day , in many places of this kingdom● doth therefore decree and ordain , that all manner of persons within the church of englan● , shall from henceforth celebrate , and keep the morning of the said day , in coming diligently and reverently unto their parish church or chapp●ll at the time of prayer , and there continuing all the while , that the prayers , preaching , or other service of the day endureth ; in testimony of their humble gratitude to god for so great a blessing , and dutifull affections to so benigne and mercifull a sovereign . and for the better execution of this our ordinance , the holy synode doth straitly require and charge , and by authority hereof enableth all archbishops , bishops , d●anes , deanes and chapters , arch-deacons , and other ecclesiasticall persons , having exempt or peculiar jurisdiction ; as also all , chancellors , commissaries , and officialls in the church of england , that they enquire into the keeping of the same in their visitations , and punish such as they shall finde to be delinquent , ●ccording as by law they are to censure , and punish those who wilfully absent themselves from church on holy-dayes . and that the said day may be the better observed , we do enjoyn , that all church-wardens shall provide at the parish charge , two of those books at least , appointed for that day , and if there be any want of the said book in any parish , they shall present the same at all visitations respectively . iii. for suppressing of the growth of popery . all and every eccl●siasticall persons , of what rank● or condition soever , arch-bishops , and bishops , deanes , arch deacons , all having exempt or p●culiar jurisdiction , with their severall chancellours , commissaries , and officials , all p●rsons intrusted with cure of soules , shall us● r●spectiv●ly all possible car● and di●igence by conferring privately with the parties , and by ●ensures of the church in inferiour and higher courts , as also by complaints unto the s●cular power , to reduce all such to the church of england , who are misl●d into popish superstition . and first these private conferences shall be performed in each severall diocesse , either by the bishop in person , if his occasion will permit it , or by some one or mor● learned ministers at his speciall appointment , and the said bishop shall also designe the time and place of the said severall conferenc●s , and all such persons as shall be present ther●at● which if recusants refuse to observe , they shall be taken for obstinate , and so certified to the bishop . and if the said ti●e and place be not observed by the minister or ministers so appointed , they shall be suspended by their ordinary for the space of six moneths , without a very reasonable cause alleadged to the contrary . provided that they be not ●ent above ten miles from their dwelling . if the said conferences prevail not , the church must and shall come to her censures , and to make way for them , the said ecclesi●sticall persons shall carefully inform themselves in the places belonging to their severall charges , of all recusants above the age of twelve yeers , both of such as come not at all to church , as also of those who coming sometimes thither , do yet refuse to receive the holy eucharist with us , as likewise of all those , who shall either say , or hear masse : and they shall in a more especiall manner enquire o●t all those , who are ●ither dangerously active to seduce any persons from the communion of the church of england , o● s●ditiously busie to disswade his majesties subjects from taking the oath of allegiance , together with all them who abused by their sophistry , refuse to take the said oath . and we straigh●ly command all parsons , vi●ars , and curates , that they carefully , and severally present at all visitations , the names and surnam●s of the delinquents of these severall kindes in their own parishes , unde● pain of suspension for s●● moneths . and likewise we straightly enjoyn all church-wardens and the like sworn offic●rs whatsoever , ●hat by vertue o● their o●thes , they shall present at the said visitations the names of such persons , whom they know or hear of , or justly suspect to be delinq●ent , in all or any of these particulars , and that under the pains of the highest censures of the church : that so these delinquents may be legally cited , and being ●ound obstinate , they shall be excommun●cated , and such excommunication shall be pronounced both in the cathedrall church of the diocesse , and in the severall parishes where such recusants live , and every third moneth they shall be again publikely repeated in the places aforesaid , that all may take notice of those sentenc●s . and because there are places which either have , or pretend to have exemptions , in which such delinquents do usually affect to make their aboad ; therefore we enjoyn , that all bishops shall within their severall diocesses , send unto such places one or more of their chaplains , or some of their officers whom they may relie on , to make strict inquiry after o●f●nders in those kindes , who diligently returning their information accordingly , the said bishop shall certifie such informations to his metropolitan , that the aforesaid proceedings may forthwith issue from some higher courts in these cases , whereof by reason of the said exemptions the inf●riour courts can take no cognisance● bu● if neith●r conf●rring nor censures will prevail with such persons , the church hath no way left but complaints to the secular power ; and for them we s●●aitly enjoyn , that all deanes and arch-deacons , and all having inferiour or exempt jurisdiction , shall every yeare within sixe moneths after any visitation by them holden , make certificate unto their severall bishops , or archbishop , ( if it be within his diocesse ) under their seale of office , of all such persons who have been presented unto them as aforesaid , under pain of suspension from their said jurisdictions by the space of one whole yeare . and we in like manner enjoyne all archbishops and bishops , that once every yeare at the least , they certifie under their episcopall seale in parchment , unto the justices of assise of every county in the circuits and within their diocesses respectively , the names and sirnames not onely of those who have been presented unto them from the said deanes , archdeacons , &c. but of those also who upon the oathes of church-wardens and other sworne men at their visitations , or upon the information of ministers imployed in the said conferences , have been presented unto them , that so the said intended proceedings may have the more speedy and the more generall successe . in particular , it shall be carefully inquired into at all visitations under the oathes of the church-wardens and other sworne men , what recusants or popish persons have been either married or buryed , or have had their children baptized otherwise then according unto the rules and formes established in the church of england ; and the names of such delinquents ( if they can learne them , or otherwise such names as for the time they carry ) shall be as aforesaid given up to the bishop , who shall present them to the justices of assise , to bee punished according to the statutes . and for the education of recusants children , since by canon already established , no man can teach schoole , ( no not in any private house ) except hee bee allowed by the ordinary of the place , and withall have subscribed to the articles of religion established in the church of england ; we therefore straightly enjoyne , that forthwith at all visitations there bee diligent enquiry made by the churchwardens or other sworne ecclesiasticall officers of each parish , under their oathes , who are imployed , as schoole-masters to the children of recusants ; and that their severall names be presented to the bishop of the diocesse , who citing the said schoole-masters shall make diligent search whether they have subscribed or no ; and if they or any of them bee found to refuse subscription , they shall bee forbidden to teach hereafter , and censured for their former presumption ; and withall the names of him or them that entertaine such a schoole-master , shall be certified to the bishop of the diocesse , who shall at the next assise present them to the judges to bee proceeded against according to the statutes . and if they subscribe , enquiry shall be made what care they take for the instruction of the said children in the catechisme established in the book of common prayer . and all ordinaries shall censure those whom they finde negligent in the said instruction ; and if it shall appeare , that the parents of the said children doe forbid such schoole-masters to bring them up in the doctrine of the church of england , they shall notwithstanding doe their duty ; and if thereupon the said parents shall take away their children , the said schoole-masters shall forthwith give up their names unto the bishop of the diocesse , who shall take care to returne them to the justices of assise in manner and forme aforesaid . and because some may cunningly elude this decree , by sending their children to bee bred beyond the seas , therefore wee ordaine that the church-wardens and other sworne ecclesiasticall officers shall likewise make carefull enquiry , and give in upon their oathes at all visitations , the names of such recusants children , who are so sent beyond the seas to be bred there , or whom they probably suspect to bee so sent : which names as aforesaid shall be given up to the bishop , and from him returned to the judges as aforesaid , that their parents , who so send ●hem , may be punished according to law . provided alwayes that this canon shall not take away or derogate from any power or authority already given or established by any other canon now in force . and all the said complaints or certificates shall be presented up to the judges in their severall circuits by the bishops register , or some other of his deputies immediately after the publishing of his majesties commission , or at the end of the charge , which shall bee then given by the judge . and this upon paine of suspension for three moneths . this sacred synode doth earnestly intreat the said reverend justices of assise , to bee carefull in the execution of the said lawes committed to their trust , as they will answer to god for the daily encrease of this grosse kinde of superstition . and further , we doe also exhort all judges , whether ecclesiastical or tempo●all upon the like accompt , that they would not admit in any of their courts any vexatious complaint , suit or suits , or presentments against any minister , churchwardens , questmen , sidemen , or other church-officers for the making of any such presentments . and lastly , we enjoyne that every bishop shall once in every yeare send into his majesties high court of chancery , a significavit of the names and sirnames of all such recusants who have stood excommunicated beyond the time limited by the law , and shall desire that the writ de excommunicato cap●endo might bee at once sent out against them all ex officio . and for the better execution of this decree , this present synode doth most humbly beseech his most sacred majesty , that the officers of the said high court of chancery , whom it shall concerne , may bee commanded to send out the aforesaid writ from time to time as is desired , for that it would much exhaust the particular estates of the ordinaries , to sue out severall writs at their owne charge . and that the like command also may be laid upon the sheriffes and their deputies , for the due and faithfull execution of the said writs , as often as they shall be brought unto them . and to the end that this canon may take the better and speedier effect , and not to be deluded or delayed ; we further decree and ordaine , that no popish recusant , who shall persist in the said sentence of excommunication , beyond the time prescribed by law , shall be absolved by vertue of any appeale in any ecclesiasticall court , unlesse the said partie shall first in his or her owne person , and not by a proctor , take the usuall oath de parendo iuri , & stando mandatis ecclesiae . iv. against socinianisme . whereas much mischiefe is already done in the church of god by the spreading of the damnable and cursed heresie of socinianisme , as being a complication of many ancient heresies condemned by the foure first generall councels , and contrariant to the articles of religion now established in the church of england : and whereas it is too apparent that the said wicked and blasphemous errours are unhappily dilated by the frequent divulgation and dispersion of dangerous books written in favour and furtherance of the same , whereby many , especially of the younger or unsetled sort of people , may be poysoned and infected : it is therefore decreed by this present synode , that no stationer , printer , or importer of the said books , or any other person whatsoever , shall print , buy , sell , or disperse any booke , broaching or maintaining of the said abominable doctrine or positions , upon paine of excommunication ipso facto to be thereupon incurred : and wee require all ordinaries upon paine of the censures of the church , that beside the excommunication aforesaid , they doe certifie their names and offences under their episcopall seale to the metropolitan , by him to be delivered to his majesties attorney generall for the time being , to be proceeded withall according to the late decree , in the honourable court of star-chamber , against spreaders of prohibited books . and that no preacher shall presume to vent any such doctrine in any sermon under paine of excommunication for the first offence , and deprivation for the second . and that no student in either of the universities of this land , nor any person in holy orders , ( excepting graduates in divinity , or such as have episcopall or archidiaconall jurisdiction , or doctors of law in holy orders ) shall be suffered to have or reade any such socinian booke or discourse , under paine ( if the offender live in the university ) that he shal be punished according to the strictest statutes provided there against the publishing , reading , or maintaining of false doctrine ; or if he live in the city or country abroad , of a suspension for the first offence , and excommunication for the second , and deprivation for the third , unlesse he will absolutely and in terminis abjure the same . and if any lay-man shall be seduced into this opinion , and be convicted of it , he shall be excommunicated , and not absolved but upon due repentance and abjuration , and that before the metropolitane , or his owne bishop at the least . and wee likewise enjoyne , that such bookes , if they be found in any prohibited hand , shall be immediately burned : and that there be a diligent search made by the appointment of the ordinary after all such books , in what hands soever , except they be now in the hands of any graduate in divinity , and such as have episcopall or archidiaconall jurisdiction , or any doctor of lawes in holy orders as aforesaid ; and that all who now have them , except before excepted , be strictly commanded to bring in the said books , in the universities to the vice-chancellors , and out of the universities to the bishops , who shall returne them to such whom they dare trust with the reading of the said books , and shall cause the rest to be burned . and we farther enjoyne , that diligent enquiry be made after all such that shall maintaine and defend the aforesaid socinianisme , and when any such shall be detected , that they be complained of to the severall bishops respectively , who are required by this synode to represse them from any such propagation of the aforesaid wicked and detestable opinions . v. against sectaries . vvhereas there is a provision now made by a canon for the suppressing of poperie and the growth thereof by subjecting all popish recusants to the greatest severitie of ecclesiasticall censures in that behalfe : this present synode well knowing that there are other sects which indeavour the subversion both of the doctrine and discipline of the church of england no lesse then papists doe , although by another way ; for the preventing thereof doth hereby decree and ordain , that all those proceedings and penalties which are mentioned in the aforesaid canon against popish recusants as far as they shall be appliable , shall stand in full force and vigour against all anabaptists , brownists , separatists , familists , or other sect or sects , person or persons whatsoever , who do or shall , either obstinately refuse , or ordinarily , not having a lawfull impediment ( that is , for the space of a moneth ) neglect to repair to their parish churches or chappels where they inhabit , for the hearing of divine service established , and receiving of the holy communion , according to law . and we do also further decree and ordain , that the clause contained in the canon now made by this synod against the books of socinianisme , shall also extend to the makers , importers , printers , and publishers , or dispersers of any book , writing , or scandalous pamphlet devised against the discipline and government of the church of england , and unto the maintainers and abettors of any opinion or doctrine against the same . and further , because there are sprung up among us a sort of factious people , despisers and depravers of the book of common prayer , who do not according to the law resort to their parish church or chappel , to joyn in the publique prayers , service , and worship of god with the congregation , contenting themselves with the hearing of sermons onely , thinking thereby to avoid the penalties due to such as wholly absent themselves from the church . we therefore for the restraint of all such wilfull contemners or neglecters of the service of god , do ordain that the church or chappell wardens , and questmen , or sidemen of every parish , shall be carefull to enquire out all such disaffected p●rsons , and shall present the names of all such d●linquents at all visitations of bishops , and other ordinaries ; and that the same proceedings and penalties m●ntioned in the canon aforesaid respectively , shall be used against them as against oth●r recusants , unlesse within one whole moneth after they are ●irst denounced , they shall make acknowledgement and reformation of that their fault . provided alwayes , that this canon shall not derogat● from any other canon , law , or statute in that behalf provided against those sectaries . vi . an oath injoyn'd for the preventing of all innovations in doctrine and government . this present synod ( being desirous to declare their sincerity and constancie in the profession of the doctrine and discipline already established in the church of england , and to secure all men against any suspition of revolt to poperie , or any other superstition ) decrees that all arch-bishops , and bishops , and all other priests and deacons in places ●xempt or not exempt , shall before the second day of november next ensuing● take this oath following against all innovation of doctrine or discipline , and this oath shall be tendred them , and every of them , and all others named after in this canon , by the bishop in person , or his chancelour , or some grave divines named and appointed by the bishop under his seal ; and the said oath shall be taken in the presence of a publique notarie , who is hereby r●quired to make an act of it , leaving the universities to the provision which followes . the oath is : i a. b. do swear , that i do approve the doctrine and discipline or government established in the church of england , as containing all things necessary to salvation : and that i will not endeavour by my self or any other , directly or indirectly , to bring in any popish doctrine , contrary to that which is so established : nor will i ever give my consent to alt●r the government of this church , by arch-bishops , bishops , deanes , and arch-deacons , &c. as it stands now established , and as by right it ought to stand , nor yet ever to subject it to the usurpations and superstitions of the sea of rome . and all these things i do plainly and sincerely acknowledge and swear , according to the plain and common sence and understanding of the same words , without any equivocation , o● mentall evasion , or secret r●servation whatsoever . and this i do heartily , willingly , and truely , upon the faith of a christian . so help me god , in jesus christ . and if any man benefic●d or dignified in the church of england , or any oth●r ecclesiasticall p●rson shall refuse to take this oath , the bishop shall give him a moneths time to inform hims●lf , and at the moneths end , if he refuse to take it , he shall be suspended ab officio , and have a second moneth granted : and if then he refuse to take it , he shall b● suspended ab o●fi●io & beneficio , and have a third moneth granted him for his better information : but if at the end of that moneth he refuse to take the oath above-named , he shall by the bishop be deprived of all his eccl●siasticall promotions whatsoever , and execution of his function which he holds in the church of england . and we likewise constitute and ordain , that all masters of arts ( the sons of noble-men onely excepted ) all bachelours and doctors in divinity , law , or physick , all that are licenced to practise physick , all registers , actuaries , and proctors , all school-masters , all such as being natives or naturalized , do come to be incorporated into the universities here , having taken a degree in any forraign unive●sity , shall be bound to take the said oath . and we command all governours of colledges and halls in either of the universities , that they administer this said oath to all persons resident in their severall houses that have taken the degrees before mentioned in this canon , within six moneths after the publication hereof . and we likewise constitute , that all bishops shall be bound to give the said oath unto all those to whom they give holy orders , at the time of their ordination , or to whomsoever they give collation , institution , or licence to preach , or serve any cure . vii . a declaration concerning some rites and ceremonies . because it is generally to be wished , that unity of faith were accompanied with uniformity of practis● , in the outward worship and service of god ; chiefly for the avoiding of groundlesse suspit●ons of those who are weak , and the malicious aspersions of the professed enemies of our religion ; the one fearing innovations , the other flattering themselves with a vain hope of our backslidings unto their popish superstition , by reason of the situation of the communion table , and the approaches thereunto , the synod declareth , as followeth● that the standing of the communion table , side-way under the east window of every chancell , or chappell , is in its own nature indifferent , neither commanded nor condemned by the word of god , either expresly , or by immediate deduction , and therefore that no religion is to be placed therein , or scruple to be made thereon . and albeit at the time of reforming this church from that grosse superstition of popery , it was carefully provided that all meanes should be used to root out of the mindes of the people , both the inclination thereunto , and memory therof ; especially of the idolatry committed in the masse , for which cause all popish altars were demolished : yet notwithstanding it was then ordered by the injunctions and advertisements of queen elizabeth , of bless●d memory , that the holy tables should stand in the place where the altars stood , and accordingly have been continued in the royall chappells of three famous and pious princes , and in most cathedrall , and some parochiall churches , which doth sufficiently acquit the manner of placing the said tables from any illegality , or just suspition of popish superstition or innovation . and therefore we judge it fit and convenient , that all churches and chappels do conform themselves in this particular , to the example of the cathedral , or mother churches , saving alwaies the generall liberty left to the bishop by law , during the time of administration of the holy communion . and we declare that this situation of the holy table , doth not imply that it is , or ought to be esteemed a true and proper altar , whereon christ is again really sacrificed : but it is , and may be called an altar by us , in that sense in which the primitive church called it an altar , and in no other . and because experience hath shewed us , how irreverent the behaviour of many people is in many plac●● , some leaning , others casting their hats , and some sitting upon , some standing , and others sitting under the communion table in time of divine service : for the avoiding of these and the like abu●●s , it is thought meet and convenient by this present synod , that the said communion tables in all chancells or chappells , be decently severed with rails to preserve them from such or worse profanations . and because the administration of holy things is to be performed with all possible decency and reverence , there●ore we judge it fit and convenient , according to the word of the service-book established by act of parliament , draw neer , &c. that all communicants with all humble reverence shall draw neer and approach to the holy table , there to receive the divine mysteries , which have heretofore in some places been unfitly carried up and down by the minister , unlesse it shall be otherwise appointed in respect of the incapacity of the place , or other inconvenience● by the bishop himself in his jurisdiction , and other ordinaries respectively in theirs . and lastly , whereas the church is the house of god , dedicated to his holy worship , and therefore ought to minde us , both o● the greatnesse and goodnesse of his divine majestie , certain it is that the acknowledgement thereof , not onely inwardly in our hearts , but also outwardly with our bodies , must needs be pious in it self , profitable unto us , and edifying unto others . we therefore think it very meet and behoovefull , and heartily commend it to all good and well affected people , members of this church , that they be ready to tender unto the lord the said acknowledgement , by doing reverence and obeisance , both at their coming in , and going out of the said churches , chancels , or chappels , according to the most ancient custome of the primitive church in the purest times , and of this church also for many yeers of the reign of qu●en elizabeth . the reviving therefore of this ancient and la●dable custome , we heartily commend to the serious consid●ration of all good people , not with any intention to exhibite any religious worship to the communion table , the east , or church , or any thing therein contained in so doing , or to perform the said gesture , in the celebration of the holy eucha●ist , upon any opinion of a corporall p●esence of the body of jesus christ , on the holy table , or in t●e mysticall elements , but onely for the advancement of gods majestie , and to give him alone that honour and glory that is due unto him , and no otherwise ; and in the practise or omission of this rite , we desire that the rule of charity prescribed by the apostle , may be observed , which is , that they which use this rite despise not them who use it not , and that they who use it not , condemn not those that use it . viii . of preaching for conformity . wher●as the preaching of order and decencie , according to st pauls rule , doth conduce to edification ; it is required , that all preachers ( as well benefic●d men as others ) shall positively and plainly preach and in●truct the people in their publike sermons twice in the yeer at the least , that the rites and ceremonies now established in the church of england are lawfull and commendable , and that they the said people and others , ought to conform themselves in their practise to all the said rites and ceremonies , and that the people and others ought willingly to submit themselves unto the authority and government of the church as it is now established under the kings majestie . and if any preacher shall refuse or neglect to do according to this canon , let him be suspended by his ordinary , during the time of his refusall , or wilfull forbearance to do thereafter . ix . one book of articles of inquiry to be used at all parochiall visitations . for the better settling of an uniformity in the outward government and administration of the church , and for the more preventing of just grievances which may be laid upon church-wardens and other sworn-men , by any impertin●nt , inconvenient , or illegall enquiries in the articles for ecclesiasticall visitations ; this synode hath now caus●d a summary or collection of visi●●tory articles ( out of the rubricks of the service-book , and the canons and warrantable rules of the church ) to be made , and for future direction to be deposited in the records of the arch-bishop of canterbury : and we do decree and ordain , that from henceforth no bishop or other person whatsoever having right to hold , use , or exercise any parochiall visitation , shall ( under the pain of a moneths suspension upon a bishop , and two moneths upon any other ordinary that is delinquent , and this to be incurred ipso facto ) cause to be printed or published , or otherwise to be given in charge to the church-warden● , or to any other persons which shall be sworn to make presentm●nts , any other articles or formes of enquiry upon oath , then such onely as shal be approved and in terminis allowed unto him ( upon due request made ) by his metropolitan under his seal of office . provided alwaies that after the end of three yeers next following the date of these presents , the metropolitan shal not either at the instance of those which have right to hold parochiall visitations , o● upon any other occasion , make any addition or diminution from that allowance to any bishop , of visitatory articles , which he did last before ( in any diocesse , within his province ) approve of ; but calling for the same shall hold and give that onely for a perpetual rule , and then eve●y pa●ish shal be bound onely to take the said book from the arch-deacons and other having a peculiar or exempt jurisdiction , but once from that time , in three yeers , in case they do make it appear that they have the said book remaining in their publike ch●st for the use of the parish : and from ev●ry bishop they shall receive the said articles at the episcopall visitation onely , and in manner and form as formerly they have been accustomed to do , and at no greater price then what hath bin usually paied in the said diocesse respectively . x. concerning the conversation of the clergie . the sober , grave● and exemplary conversation of al those that are imployed in administration of holy things , being of great avail for the furtherance of pietie● it hath be●n the religious care of the church of england , strictly to enjoyn to all & every one of her clergie , a pious , regular , and inoffensive d●meanour● and to prohibit all loose and scandalous carriage by severe censures to be inflicted upon such delinquents , as appeares by the 74. and 75. canons anno 1603. provided to this purpose . for the more ●ffectuall successe of which pious and necessary care , this present synode , straitly charges all cleargie men in this church , that setting before their ●yes the glory of god , the holin●sse of their calling , and the edification of the people committed to them , they carefully avoid all excesse and disorder , and that by their christian and religious conversation they shine forth as lights unto others in all godlinesse and honesty . and we also require all those to whom the government of the clergie of this church is committed , that they set themselves to countenance and encourage godlinesse , gravitie , sobrietie , and all unblameable conversation in the ministers of this church , and that according to the power with which they are intrusted , they diligently labour by the due execution of the above named canons , and all other ecclesiasticall provisions made for this end , to reform all offensive and scandalous persons , if any be in the ministerie , as they tender the welfare and prospering of pietie and religion , and as they will answer to god for those scandals , which through their remisnesse and neglect shall arise and grow in this church of christ . xi . chancellours patents . for the better remedying and redresse of such abuses as are complained of in the ecclesiasticall courts , the synode doth decree and ordain , that hereafter no bishop shall graunt any patent to any chanc●llour , commissarie , or officiall , for any longer terme , then the life of the grauntee onely , nor otherwise then with expresse reservation to himself , and his successours , of the power to execute the said place , either alone , or with the chancellour , if the bishop shall please to do the same , saving alwayes to the said chancellors , &c. the fees accustomably taken for executing the said jurisdiction . and that in all such patents , the bishop shall keep in his own hands the power of institution unto benefices , as also of giving licenses to preach or keep school ; and further , that no deane and chapter confirme any patent of any chancellour , commissaries , or officials place , wherein the said conditions are not expressed sub po●na suspensionis , to the deane ( or his locum tenens if he passe the act in his absence ) and to every canon , or prebendary , voting to the confirmation of the said act , to be inflicted by the arch-bishop of the province . and further , the holy synode doth decree and ordain that no reward shall be taken for any chancellours , commissaries or officials place under the heaviest censures of the church . xii . chancellours alone not to censure any of the clergie in sundry cases . th●t no chancellour , commissarie , or officiall , unlesse he be in holy orders , shall proceed to suspension , or any higher censure against any of the clergie in any criminall cause , other then neglect of appearance , upon legall citing , but that all such causes shall be heard by the bishop in person , or with the assistance of his chancellour , or commissarie ; or if the bishops occasions will not permit , then by his chancellour , or commissarie , and two grave dignified , or benficed ministers of the diocesse to be assigned by the bishop , under his episcopall seal , who shall hear and censure the said cause in the consistorie . xiii . excommunication and absolution not to be pronounced but by a priest . that no excommunications or absolutions shall be good or valid in law , except they be pronounced , either by the bishop in person , or by some other in holy orders , having ecclesiasticall jurisdiction , or by some grave minister beneficed in the diocesse , being a master of arts , at least , and appointed by the bishop , and the priests name pronouncing such sentence of excommunication , or absolution to be expressed in the instrument issuing under seal out of the court . and that no such minister shall pronounce any sentence of absolution but in open consistory , or at the least in a church or chappell , the penitent humbly craving and taking absolution upon his knees , and having first taken the oath , de parendo juri & stando mandatis ecclesiae . and that no parson , vicar , or curate , sub poena suspensionis , shall declare any of his or their parishioners to be excommunicate , or shall admit any of them so excommunicate into the church , and there declare them to be absolved , except they first receive such excommunications and absolutions under the seal of the ecclesiasticall judge , from whom it cometh . xiiii . concerning commutations , and the disposing of them . that no chancellor , commissary , or officiall , shall have power to commute any penance in whole , or in part ; but either together with the bishop in person , or with his privity in writing , or if by himself , there he shall give up a full and just account of all such commutations once every yeer , at michaelmas to the bishop , who shall with his chancellor , see that all such moneyes be disposed of to charitable and publike uses , according to law . and if any chancellor or other , having jurisdiction , as aforesaid , shall not make such a just account to the bishop , and be found guilty of it , he shall be suspended from all exercise of his jurisdiction , for the space of one whole yeer . alwayes provided , that if the crime be publikely complained of , and do appear notorious , that then the office shall signifie to the place , from whence the complaint came , that the delinquent hath satisfied the church for his offence . and the minister shall signifie it as he shall be directed ; saving alwayes to all chancellers , and other ecclesiasticall officers their due and accustomable fees , if he or they be not so suspended as aforesaid . xv . touching concurrent iurisdictions . that in such places wherein● there is concurrent jurisdiction , no executor be cited into any court or office , for the space of ten dayes after the death of the testator . and that aswell every apparitor herein , as every register , or clark that giveth or carrieth out any citation or processe to such intent , before that the said ten dayes be expired , shall for the first offence herein , be suspended from the execution of his office , for the space of three moneths ; and for the second offence , in this kinde , be and stand excommunicated , ipso facto , not to be restored , but by the metropolitan of the province , or his lawfull surrogate ; and that yet neverthelesse , it be lawfull for any executor , to prove such wills when they thinke good , within the said ten dayes , before any ecclesiasticall judge respectively , to whose jurisdiction the same may , or doth appertaine . xvi . concerning licences to marrie . whereas divers licences to marry , are granted by ordinaries , in whose jurisdiction , neither of the parties , desiring such licence , is resident ; to the prejudice of the archiepiscopall prerogative : to whom only the power of granting such licences , to parties of any jurisdiction , per totam provinciam , by law belongeth ; and for other great inconv●niences thereupon ensuing . it is therefore decreed , that no licence of marriage shall be granted by any ordinary to any parties , unlesse one of the said parties have beene commorant in the jurisdiction of the said ordin●ry , for the space of one whole moneth , immediately before the said licence be desired . and if any o●dinary shall offend herein , and be sufficien●ly evinced thereof , in any of the lord archbishops courts , he shall be liable to such censure as the lord archbishop shall thinke fit to inflict . and we further decree , that one of the conditions in the bond of securitie given by the parties taking such licence , shall be , that the said partie● , or one of them , have , or hath beene a moneth commorant in the said jurisdiction , immediately before the said licence granted . and the synod decrees , that whatsoever is ordered in these six last canons , concerning the jurisdiction of bishops , their chancellors , and commissaries , shall ( so farre as by law is applyable ) be in force , concerning all deanes , deanes and chapters , collegiate churches , archdeacons , and all in holy orders , having exempt , or peculiar jurisdiction , and their severall officers respectively . xvii . against vexatious citations . and that this synod may prevent all grievances , which may fall upon the people by citations into ecclesiasticall courts , upon pretence only of the breach of law , without either p●esentment , or any other just ground . this present synod decrees , that for all times to come no such citation , grounded only as aforesaid , shall issue out of any ecclesiasticall court , except the said citation be sent forth under the hand and seale of the chancellor , commissarie , archdeacon , or other competent j●dge of the said court , within thirty dayes af●er the fault committed ; and returne thereof to be m●de the next , or second court day after the citation served at the farthest ; and that the partie so cited , unl●sse he be convinced by two witnesses , shall , upon the denyall of the fact upon oath , be forthwith freely dismissed without any payment of fees ; provided that this decree ex●e●d not to any g●ievous crime , as schisme , incontinencie , misbehaviour in the church in time of divine service , obstinate inconformitie , or the like . wee of our princely inclination and royall care for the maintenance of the present estate and government of the church of england by the lawes of this our realme now setled and established , having diligently , with great contentment and comfort read and considered of all these their said canons , orders , ordinances and constitutions agreed upon , as is before expressed : and finding the same such as we are perswaded wil be very profitable , not onely to our clergie , but to the whole church of this our kingdome , and to all the true members of it ( if they be well observed ; ) have therefore for vs , our heires , and lawfull successours , of our especiall grace , certaine knowledge , and meere motion , given , and by these presents doe give our royall assent , according to the forme of the said statute or act of parliament aforesaid , to all and every of the said canons , orders , ordinances and constitutions , and to all and every thing in them contained , as they are before written . and furthermore , we do not onely by our said prerogative royall , and supreme authority in causes ecclesiasticall , ratifie , confirme , and establish , by these our letters patents , the said canons , orders , ordinances and constitutions , and all and every thing in them contained , as is aforesaid , but do likewise propound , publish , and straightly injoyne and command by our said authority , and by these our letters patents , the same to be diligently observed , executed , and equally kept by all our loving subjects of this our kingdome , both within the provinces of canterbury and yorke , in all points wherein they do or may concern ●very or any of them according to this our will and pleasure hereby signified and expressed . and that likewise for the better observation of them , every minister , by what ●ame or title soever he be called , shall in the parish church or chappell where he hath charge , read all the said-canons , orders , ordinances and constitutions , at all such times , and in such manner as is prescribed in the said canons , or any of them : the book of the said canons to be provided at the charge of the parish , betwixt this and the feast of s. michael the archangell next ensuing , straightly charging and commanding all archbishops , bishops , and all other that exercise any ecclesiasticall jurisdiction within this realme , every man in his place to see and procure ( so much as in them lyeth ) all and every of the ●ame canons , orders , ordinances and constitutions to be in all points duly observed , not sparing to execute the penalties in them severally mentioned , upon any that shall wittingly or wilfully break or neglect to observe the same ; as they tender the honour of god , the peace of the church , the tranquillity of the kingdome , and their duties and service to vs their king and sovereigne . in witnesse whereof we have caused these our letters to be made patents : witnesse our selfe at westminster , the thirtieth day of june , in the sixteenth yeare of our reigne . the table . 1 concerning the regall power . 2 for the better keeping of the day of his majesties most happy inauguration . 3 for suppressing of the growth of popery . 4 against socinianisme . 5 against sectaries . 6 an oath injoyned for the preventing of all innovations in doctrine and government . 7 a declaration concerning some rites and ceremonies . 8 of preaching for conformi●y . 9 one book of articles of inquirie to be used at all parochiall visitations . 10 concerning the conversation of the clergie . 11 chancellours patents . 12 chancellours alone not to censure any of the clergie in sundry cases . 13 excommunication and absolution not to be pronounced but by a priest . 14 concerning commutations , and the disposing of them . 15 touching concurrent iurisdictions . 16 concerning licences to marrie . 17 against vexatious citations . finis . a perfect guide for protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of 35 eliz. and 22 car. 2 at large : to which is added a post-script about ecclesiastical courts and prosecution in them. care, henry, 1646-1688. 1682 approx. 155 kb of xml-encoded text transcribed from 20 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a33959 wing c531 estc r5384 13687242 ocm 13687242 101356 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a33959) transcribed from: (early english books online ; image set 101356) images scanned from microfilm: (early english books, 1641-1700 ; 841:9) a perfect guide for protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of 35 eliz. and 22 car. 2 at large : to which is added a post-script about ecclesiastical courts and prosecution in them. care, henry, 1646-1688. [4], 12, 22 p. printed for r. baldwin, london : 1682. written by henry care. cf. bm. caption title: a guide for protestant dissenters. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dissenters, religious -legal status, laws, etc. -england -early works to 1800. dissenters, religious -legal status, laws, etc. -early works to 1800. dissenters, religious -england -early works to 1800. dissenters, religious -early works to 1800. ecclesiastical law -england -early works to 1800. ecclesiastical law -early works to 1800. 2006-06 tcp assigned for keying and markup 2006-06 aptara keyed and coded from proquest page images 2007-06 ali jakobson sampled and proofread 2007-06 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a perfect guide for protestant dissenters , in case of prosecution upon any of the penal statutes made against them. together with . the statutes of 35 eliz. and 22 car. 2. at large . to which is added , a post-script about ecclesiastical courts , and prosecution in them. london , printed for r. baldwin . 1682. the preface . 't is the common practice now adays , for base and mercenary pens to pass the worst censures upon the best intentions of men. the arguments that follow are all grounded either upon scripture and reason , or upon equal justice and prudent morality ; and those not enforced with heat and passion , but with all the mildness and submission imaginable ; which argues the fairness and honesty of the design , viz. to procure , if it may be done , a happy union between protestants and protestants ; whom it rather mainly concerns to joyn their forces against the common enemy of their profession , than to make themselves the scorn and triumph of popish cunning , by a needless separation ; which , if duly consider'd , would soon be found unhappily fomented and encreas'd by the encourag'd emissaries and scribling bravo's of rome . is it not apparent , how they already begin to undermine and blow up the truth of the late horrid plot , so miraculously discover'd ? to which purpose , is it not likewise apparent what daily affronts they put upon the king's evidence , to the end that by rendring their persons , and whatever they have said or sworn , ridiculous , they may be the better able to raise a mist before the eyes of the people , and then totally withdraw the plot from their belief ? is it not apparent how vigorously they assail the whole body of the dissenters , men of religious , serious , upright , and most loyal principles , under the scandalous names of fanaticks and whiggs ; and by throwing the failings and misdemeanours of some few upon all ( this earth not affording that happiness to the most holy society in the world , of being without some hypocrites and bad men ) to cast an odium upon above a third part of the most industrious and wealthy part of the nation , on purpose to enervate and impoverish the protestant interest , and make the softer and more easie way for popish intrusion ? enormities much more deserving the punishment of penal laws , than publick meetings for the worship of god. upon which considerations , it cannot be look'd upon certainly by persons of truly pious and cordial affection for the good of their country , as a design either dishonest or factious , to vindicate , so far as may stand with equity and good conscience , the protestant dissenters from the heavy imputations of schism , sedition , and disloyalty , every day cast upon them , though most undeservedly , by the pope's weekly drudges here in this city . to which end , the design of these few sheets is to more than to plead their cause , with all modesty and submission , before the tribunals of justice and divine charity ; to rectifie the iudgments of persons misguided by mercenary scriblers , by setting forth the nature and ends of these meetings , and the dangerous consequences of setting up a protestant persecution , to the encouragement of those pests of the kingdom , ignorant and greedy informers . and because a sight of the statutes themselves may be necessary to those that have them not , they are hereunto annex'd ; there being nothing more moral than the reason of self-preservation in a legal and orderly way ; which they that seek by no other means than by those of duty and allegiance , no other being here propounded , cannot be thought to deviate from the laws of god or nature . a guide for protestant dissenters , &c. there is nothing that seems a greater blemish to christianity , than that little differences about the exercise of divine worship , should cause such heats and animosities among men : and for them whose business it should be to preach unity , love , and charity , under the notion of church-government , to instigate and animate the civil magistrate to make rigid penal laws , to enforce the consciences of good people , seems in some measure contradictory to the easie yoke of christian obedience . it seems somewhat hard , when a poor man has by his industry and frugality got together a small subsistence for himself and his family , that because he is dissatisfied with some few indifferent circumstances , that are impos'd upon their consciences , he should be presently laid at the mercy of rapacious informers and officers ; that his goods should be at the disposal of persons many times fuller of heat and passion , than of true charity ; that he should be excommunicated , and consequently under the lash of a civil writ , because he will not come to the parochial church : as if the place were so material where god were worshipp'd , so in any place he be ador'd in spirit and truth . nor is this spoken in the least in reference to the civil government , but onely in point of divinity . it is apparent by the very prefaces of the acts themselves hereby intended , that the civil magistrate aims at nothing but what is right and just ; to prevent sedition , for the good and quiet of the kingdom . but 't is to be fear'd , that want of charity in others , and too much addictedness to opinionated severity , sways others to extend the lawful pretence of the civil power beyond the bounds and limits of the legislaters intention ; in regard that for the ministry to aggravate civil crimes upon their brethren , and incence the sword of justice , appears no where in scripture agreeable to christian doctrine . there are two statutes , that of the 35th of elizabeth , and the 22d . of his present majesty , that create the loud complaints that run through the whole nation : and yet the proems of neither of those acts seem to allow that rigour which is at this time meditated by some persons , and desended perhaps with too much heat in the pulpit . the preamble of 35 eliz. runs thus : for the preventing of such great inconveniencies and perils as might happen and grow by the wicked and dangerous practises of seditiovs sectaries and disloyal persons . the preamble of the 22d . of his present majesty runs thus : for providing farther and more speedy remedies against the growing and dangerous practises of seditiovs sectaries , and other disloyal persons , who , under pretence of tender consciences , have or may at their meetings contrive insurrections , as late experience hath shewn . here are two statutes , by which most lawful and most necessary provision is made for the preservation of the peace and quiet of the government . now , if it should be asked , what the civil magistrate requires from hence ? it is to be answered , in general , obedience , passive and active ; tranquillity , publick and private : and particularly , that no disloyal persons , nor sectaries , shall meet , under pretence of tender consciences , to contrive insurrections . hence it is submissively presum'd , that if the subject live dutifully towards his prince , free from giving occasion of civil disturbance ; amicably toward his neighbour ; pay those duties and taxes which the law or custom imposes ; and actively , if he be always ready with his sword in his hand to defend his prince and country ; the prince does not regard the inward consciences of such subjects , nor their inconsiderable differences in matters of ceremony ; so that the religion which they profess be not contrary or opposite to the establish'd law and government of the kingdom . and it is plain , that the law extends it self no further than sectaries and disloyal persons , as being look'd upon by the law to be the most likely persons to contrive insurrections , and disturb the peace of the nation . leaving then the civil power to its self , the question is between the dissenters and their opposers , what a sectary is ? for it is suppos'd , that if the ecclesiastical wrath were appeas'd , the displeasure of the civil power might the more easily be atton'd . now then sectaries must either be heretics or schismatics . heretics the dissenters cannot be ; for they do not err in fundamentals ; for such a one is a heretic . the next question then will be , whether they be schismatics ? what is a schismatic ? a schismatick is one that holding firm the same foundation of faith , departs from some ceremony of the church , obstinately , and out of ambitious ends. thus it appears , that obstinacy and ambitious ends are the distinctions that make a schismatic . from whence it is apparent , that there may be some grounds and reasons why a man may dissent from some ceremony of the church , and yet be no schismatic . for example : obstinacy is the opposite to constancy ; ambitious ends , or self-interest , as being a contempt of conscience , the opposite to integrity . so then if a man dissents from any ceremony of the church out of integrity , which is a vertue by which we yield up our obedience to god , though imperfect , yet without hypocrisie ; or out of constancy , by which a man resolves to persist in the knowledge of god and his worship to the end , he can be no schismatic . for the di●senters and their opposers agree in the same knowledge of god , in the same sacraments , and the same worship ; onely the dissenters disallow some outward adiaphorous ceremonies of their church . again , to make them schismatics , that is , obstinate or ambitious dissenters , there must be conviction and contumacy : but in regard that neither the one nor the other appears against them , it follows , that they dissent out of integrity and constancy , and consequently are no way liable to the severity of the statute , especially if the preamble , as it is taken in law , be the key of the statute . seeing then that the dissenters , where there is no proof of petulancy or ambitious ends , cannot be said to be schismatics , and consequently not obnoxious to the law , it remains , that they must be brethren , professing the same fundamentals of doctrine and worship . and then it seems very hard , that the severity of persons who call themselves divines , and teachers of the doctrine of charity , should stretch and strain a law to encourage accusers of the brethren , and to lay violent hands upon those , to whom it never meant any disturbance . and 't is look'd upon as a strange and unhappy disagreement between the common lawyer and the divine , that the one should take it for a charitable maxim , that summum ius est summa injuria ; while men that pretend to be actuated by divinity , and the example of christ , pressing summum ius yet with so much inveteracy , advance summam injuriam , to the prejudice of brethren , for inconsiderable differences . blessed are the peace-makers , saith our most charitable saviour . which sacred truth of his , from his own lips , creates a just appeal to all rational men , how far dissonant from this doctrine of their head and grand instructer those persons are , who avoiding the healing doctrine of unity , make their pulpits ring with nothing but corrosive invectives and satyrs against friend and foe , brethren and schismatics , under the general notion of fanaticism ; forgetting the constant rule , that he onely teaches well , that well distinguishes . certainly it can never be thought that it should proceed from the dictates of reason and conscience , that they who ought to come with healing in their doctrine , should make it their business to exasperate and incence the civil power , meerly to establish an unlawful hierarchie over the consciences of their brethren . they that first shook off the roman toke , thought it expedient not to make a total and absolute change ; but guided by reasons of state , left several of the ceremonies , popish ceremonies , untouch'd , which remain among us to this day ; as , the surplice , and with some th● rail'd altar , second service there perform'd , tapers , with this difference , that the papists are lighted , and ours not ; and lastly , a particular reverence to the east , as if god were more individually present in the chancel , than in the belfry . but now that the state has no occasion for those fears , now that the people universally desire to be freed from these relicks of superstition , for some persons to insist upon it , and with so much obstinacy impose as a duty , what was onely retain'd for state-convenience , as to raise a persecution of tender consciences for the sake of pure ceremony , it is believed , that were those famous reformers now alive , they would not have been angry with those that so readily sought the accomplishment of what they left imperfect . the law was made to punish mutiny , rebellion , and insurrection , against the state and civil government ; not to harrase the liberties and properties of men for not conforming to the impositions of ecclesiastical ambition . what tho the civil magistrate have been so careful to make provision for the repose and quiet of the kingdom ? it may be thought a hard chapter , that the peevishness and choler of some men should turn the stream of that rigour , where no proof is made , upon pretence of breach and disobedience . how ill will it sound in the ears of posterity , when they shall hear of protestants being so severly dealt with for trifles of difference ? how much does it at present advance the mirth of popery , to see the protestants doing their business , and by some ●●ing disunion among themselves , opening a way for self-destruction , and the inroads of superstition , which otherwise the papists were never able to hope for . certainly the profession of divinity teaches men to be of another temper , and to have a chancery of charity always open in their hearts , to mitigate and compose , not to exasperate and provoke the civil magistrate , especially in concerns not of the government , but of their own interest . some people will not have their children sign'd with the cross ; others meet about five together in a place ; and therefore let them be fin'd , let their goods be seiz'd and embezel'd , and their persons imprison'd : for the law is of our side , and we will not remit a tittle of its utmost rigour . a severe way of proceeding , that can never be thought agreeable to the examples or doctrine either of christ or his apostles . if such persons did but consider how much more fragrant the memory of a cranmer smells in history , than that of a bonner , they would surely steer another course . nor can they be thought well to weigh with themselves that of vis unita est fortior , and the doctrine of the divided house , while by a fatal disagreement with their brethren about outward forms and unnecessary circumstances , they render themselves less able to withstand the impetuosity of daily menacing popery . that is nothing , the decree is gone forth , and must be obey'd ; and though the preamble of the law may be avoided , the body of it , more explanatory of it self , admits , no evasion . for the law positively says , that if any person or persons , above the age of sixteen years , &c. shall be present at any assembly , conventicle , or meeting , under colour or pretence of any exercise of religion , in other manner than according to the liturgie and practise of the church of england , &c. where there shall be five or more persons assembled , over and above those of the houshold , &c. as to the first part of the words , whoever shall be present at any assembly or meeting , under pretence or colour of any exercise of religion , &c. some questions do arise upon the fair accompt of reason and policy . 1. whether the meaning of the words extend themselves to such an exercise of religion which is truly christian , and according to the direct interpretation of scripture ? 2. or whether onely such a religion as carries onely a pretence and colour , without any truth and sincerity ? as to the first , it is most certain , that the most pure and christian exercise of devotion carries with it a pretence and colour , as well as the false one , though it be onely that of serving and performing our duty to god. now then it can never be imagin'd , that the intention of this law was ever to prevent the exercise of devotion and true piety . let the place or the number be more or less , in a rational proportion . for , if so , the statute would be void in it self ; in regard that all unbyass'd casuists , lawyers , and divines agree , that all humane laws made against the law of god , are ipso facto annull'd as to any obligation upon the conscience . seeing therefore it cannot be thought , that this law intendeth the destruction of it self , there must be a looking backward to the reason and policy of the law , which from the preamble is apparent to be onely the prevention of disloyalty and insurrection , for the repose and tranquillity of the kingdom . now then let a meeting be suppos'd , though of more than five or ten ; yet if at this meeting there be nothing done that tends to disloyalty , insurrection , or disturbance of the publick peace , the law hath its end , and can take no farther notice , there being no breach of the law , and consequently no occasion of punishment . and this is collected from reason it self ; for , should any other construction be put upon the words , it would be contrary to the law of god , as intended to prevent the true and real worship of god , under pretence of innovation and disloyalty . a thought , an intention , which it were a crime to imagine such worthy and pious legislators ever dream'd of , however the meaning of the law may be strain'd in the absence of its makers . now that such a meaning of the act , as it is inforc'd , is contrary to the word of god , is apparent from the scripture it self : acts 28. and paul dwelt two years in his hired house , and received all that came to him , preaching the kingdom of god , no man forbidding him . 1 tim. 2. i will therefore that men pray every where ; with several others . nor will it serve as an objection , to say , that the times are otherwise , now that there are such plenty of publick churches : for , if they be possess'd by such as will not admit their fellow-christians to come together , without prejudice to their consciences , 't is the same thing to them , as if those places were not at all . which being a clear confirmation , that god may be worshipped in spirit and truth in any place , or at any time ; 't is as clear , that the meaning of this law cannot reach the exercise of real piety . for , if the worship in it self be evil , it is not to be endur'd in four ; if consonant to the word of god , the number of fourscore cannot render it criminal . but here in regard there is so much insisting and stress put upon the word conventicle , it will be much to be clearing the meaning of the act , to enquire in to the nature of the word , and whether it be not taken too unwarily in an ill sense , by those that would extend the reason and meaning of this act beyond its limits ? a conventicle then in the general sense is a certain place appointed for the assembling and coming together of people to some purpose or other ; in the particular sense it signifies the assembly it self there met . if then the purpose be for the sake of divine worship , it will be fit next to enquire the difference between a church-assembly and a conventicle-assembly . that which constitutes a church , is an assembly or congregation of people called to the state of grace by prayer , by teaching and hearing the word , and the due administration of the sacraments . the efficient cause of this assembly is the holy trinity , in general , particularly christ . the form of this assembly consists in a double communion of the assembly with christ as the head , and of the particular members among themselves . the matter of this assembly are the persons or several members called to the covenant of grace . the end of this assembly is the glory of god , and their own salvation . the marks of the real christianity and legality of this assembly are the true preaching the word , and due administration of the sacrament ? if then the same substantial efficient cause , the same substantial matter , the same substantial form , the same substantial end , the same substantial marks of a truly christian assembly be found in a house or any other convenient place , though not adorned with steeples or stone arches , call them presbyterians or dissenters , or what you please they center the main fundamentals of faith and doctrine , differ only in some slight and outward ceremonies , and are therefore an essential body of the protestant religion . and if there be any external circumstances in dispute , they are to be argued and determined among themselves , not by the arbitrary power of a justice of the peace , who is an officer only of the peace , and not of the conscience . so that it can never be thought that the determination of christian prudence will ever grant it to be rational that this law was ever made for the prevention of such conventicles , which must prove the suppression of much true piety and devotion . this makes some people think that ecclesiastical jurisdiction is in a very weak condition and most deficient of it self , when it is so earnest and clamarous after the assistance of the civil magistrate . and indeed it is easily demonstrable in story , that there was nothing more advanced the beginnings of the reformation of england than the weakness which henry 8. perceived in the arguments which the papists brought against the reformers in all their disputes . and therefore a convocation dispute had been much more proper for this controversie than the destructive arguments of distresses and crown office writs . which , if it were put to the test , there are many that question , whether the law-provokers might not come by the worst . for as to those things which are called the rites and ceremonies of true worship , true religion has none but what god has prescribed in his word ; and they are looked upon , either as parts or helps to our devotion . as parts of devotion , they consist in promulgation of the word , the administration of the sacraments and prayer , which requires also decent composure of gesture and posture . as helps to devotion , they are divided into fasting and vows . and these are all the rites or ceremonies of true worship . ceremonies of form , are apt to wander into superstition if not plain idolatry . and therefore it is , that some unbyassed person , not without reason , fear , that the dissenters who have abandoned all , would have much more argument on their side , than they whoretain some . it being thus apparent , that the law was never intended to prevent such assemblies , whose only end of meeting is to worship and glorifie god , and that too according to the same fundamentals which the statute enforcers profess , it now remains to examin , whether the evidence offered be sufficient to make the dissenters guilty of the crimes assigned by the law , viz. disloyalty and insurrection . first then as for colour and pretence , they are only non-appearances lodg'd in the heart of man ; which are only disclosed to the omniscience of god himself . and therefore to judge of colour and pretence appertains only to god , and not to any law : from whence arose that common maxim , that de non apperentibus , the law takes no cognizance . much less is in the power of an informer to make oath of colour or pretence , until colour and pretence break forth into some overt and apparent act which may afford matter for testimony and proof . from whence it is plain , that unless there be due and sufficient proof made of false doctrine , seditious words , or contrivances tending to insurrection and disloyalty , which are the breaches of the law ; and law can never punish , where there is no breach committed . nor does the conscience of any magistrate oblige him to sine and levy upon the bare information of colour or pretence . as for the addition of those words , do or may contrive , it seems somewhat repugnant to reason , that plots and contrivances should ever be carried on in the publick assemblies of women and children ; so that the fear seems only to be of the teachers moving the people to sedition . but as for that , one would think it should be an argument rather for the permission of conventicles , it being a thing far more easie to discover a man that preaches open sedition , than one that goes from house to house , clandestinly insinuating the same doctrine . nor is this branch independant , but casts its influence into the whole crime described and intended by the act thus embody'd . if any person or persons shall be present at any conventicle , &c. under coulour or pretence of any exercise of religion , in other manner than according to the liturgy and practice of the church of england . perhaps some persons carry away with the present torment of unwary passion , may from hence assent that there is no other exercise of religion , that can be truly real and sincere , but only colourable and pretended , which is not performed in the very words of the liturgy , according to the common acceptation of the word in england . to which though there were no other answer to be given , yet the consequent words , and the practise of the church clearly contradict such an uncharitable paraphrase , for that in all parochial churches it is the general custom to pray both before and after sermon . but if the nature of the word liturgy be duly considered , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or liturgy is not more than the office of prayer : the compilers themselves call the english liturgy , an order for morning and evening prayer , or a set form of prayer , whereby it becomes only a species of the grand genus prayer or oration , by which with a true and humble contrition of heart , we address our selves to god , concerning such things as are consentaneous to his holy will ; and this divided into two parts invocation , and thanksgiving . now suppose that the liturgy of england , now the most exact liturgy in the world , as most certainly it is not , it cannot be thought that the dissenters are obliged by this statute to use no other prayers than what are set down in the liturgy , for then the law enforcers may be presum'd to lie under the penalties of the statute themselves . who after the full performance of all the duties of prayer , which is ordered in the liturgy both for morning and evening service , if it may not be said , out of a contempt of the liturgy , yet somewhat to the discredit of the liturgy , are never satisfied till they have given it the supplement of their tedious and vainly ostentatious additions of super-excellent and super-fine : which after a full performance of all the duties of innovation and thanksgiving , seems in them a kind of tautology forbidden in scripture . however because the dissenters using the same form of prayer , though not in the same words , avoid that inconvenience , therefore they must be reduced into obedience to something not well considered what it is , by constabl●s and informers . but there is a more exquisite liturgy yet , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or liturgy prescribed by our saviour himself ; which though out of veneration it be reduced into one prayer for general use ; yet is no other than a set form of prayer , teaching heedless mortals , who might else be extravagant in their petitions , the true matter of prayer ; that is , what we are to implore from god , and what we are to give thanks for , as enjoy'd . examin then the prayers of the dissenters , and if they differ either in the cause , the matter , the form , or end from the english liturgy of men , mentioned in the act , or the heavenly liturgy of christ , let them be delivered over to all deserved punishment ; but if their prayers be agreeable to the prescrib'd forms of both ; nay , if they be agreeable to the coelestial liturgy , though not according to the verbatim of the establish'd liturgy of england ; 't is a hard case that they should by any statute be adjudged not to exercise such a religion . if it be objected , that the notions of many are abortive , and through weakness may deserve reprehension , there is an easie way to remedy those errors by imposing a more equal injunction by the authority of church discipline , that no person should presume to ascend the pulpit with ex tempore raptures . for confirmation then that there is no need of using of form and order , so the matter be the same , there are many of the disciples prayers recorded in scripture , and there is no question to be made but that they were acceptable to god ; and yet we do not read they used the absolute form prescribed by our saviour , but expressed themselves in other words , though altogether agreeing for matter . upon the whole , suppose this question should be put , whether the apostles did use any other form than that which was taught them by christ ? there is , no doubt , but the answer will be , they did not . put then this question to the informer ; did the dissenters use any other prayers than what were agreeable to the church of england ? in the first place , 't is ten thousand to one , whether he be a competent judge . if he be not , he stakes his conscience at a dreadful hazard ; for it behoves him to swear positively in the affirmative , or else in justice his information , and all his hopes of gain , are lost . and thus by a rigid prosecution of uncharitable severity , a necessitous and greedy wretch is brought to this tempting dilemma , either to perjure himself , or lose his expectation . again , the liturgy it self is not always read altogether ; but on some days more , on some days less . the dissenters perhaps use least of all , yet they use some , for they read the reading psalms , a first and second lesson , and afterwards make use of singing psalms : so then it being apparent that the degree of comparison does not annihilate the subject of the comparison , it may be presumed that the dissenters are present at their conventicles , positively according to the liturgy of the church of england . which things not being considered , how uncharitably do they fall under the censure of lavish and inveterate pulpits ? in the last place , though it would be very unreasonable to disallow what has been already said ; yet should it be contradicted , the next words , or the practise of the church , will certainly give relief . for it is the practice of the church of england , to read and sing the psalms of david , to read the first and second lesson , and so do the dissenters ; many of them also militate under the same ordination : and if there be any that do not , 't is presumed they might soon be better advised , the refusal deserving reproof if they may be admitted , being certainly to be look'd upon as an obstinate piece of weakness . but which is more , as to the harmony of practice , they use the same sacraments , though perhaps with some small difference in the form and ceremony of administration , which one would think might be easily reconciled without all this combustion . there is one thing more to be considered upon the account of moral equity : that though the act of vniformity made in this his majesties raign , it is here expresly declared , that no other form or ceremony shall be used , but what is prescribed in that act , or in the book of common prayer : yet both by the act and the book it plainly appears , that the prosecutors of the dissenters make no scruple to dissent from what is there enacted , while they use several ceremonies that are not there , and omit much of what is there , as their going up and bowing to the altar , and reading second service there . their coming out of the pulpit , and reading part of the communion service in their desks , or at the altar again , and giving no blessing at all in pulpit : their setting the communion table altar-wise , richly adorned at the east end of the church , whereas it ought to be placed either in the body of the church , or in some convenient place , covered with a clean linnen-cloath . their turning their faces all of a sudden to the east , and bowing to the name of jesus , and not at the name of god or christ . these dispensations argue an apparent non-conformity , or over-conformity ; the same thing in strickness and partiality one among another : so that it seems a transgression not only against charity , but against common justice , to prosecute those that do no more than only non-conform to those very ceremonies which they themselves regard less of a publick statute , either neglect , or over act at their own will and pleasure . and for a further confirmation of the nonconformity of our most regular ( so pretending themselves ) conformists , point blank even against the very law of the land ; let them that please but consider , how many there are that dispence with non-residence , and pluralities , to the deteriment of many deserving persons that want , and positively against the statute of the 21 of h. 8. and yet no question but they would think it hard measure to be prosecuted upon that law. so partial is a man to forgive those failings in himself , which he prosecutes in others . however , because all the meekness of perswasion and argument will not stop the career of some mens impetuosity in the prosecution of this act , it will not be from the purpose to cast an eye upon the executive part of the statute . in order to which the most considerable instructions are couched in the first and eleventh section . the instructions of the first section run thus . that it shall and may be lawful to and for any one or more iustices of the peace within the limits , &c. where such offence shall be committed , or for the chief magistrate of the place or corporation , and upon proof of such offence , either by the confession , or oath of two witnesses , or by notorious evidence and circumstance of the fact , to make a record under their hands and seals , which record shall to all intents , &c. be taken to be a full conviction , that thereupon , the said justices , &c. shall impose the sum of , &c. from which words it is clear , that by this clause no power is given to any magistrate to make out any general warrant upon this act till after conviction by two witnesses , or confession of the offender . neither has any constable to do with any such general warrant in reference to this act , unless the warrant grounded upon such a record as is mention'd in the act , upon confession or proof and conviction of the party by two witnesses be given into his hands . whence arises this question , whether any constable or head-borough that acts in relation to this statute , by vertue of a power not authorized by the literal words of the law , do not act at his own peril ? 2. whether he shall incur any penalty for not doing that which the law requires not at his hands ? for by this part of the law it is required only that the witnesses should be the informers . but by general warrants the constables , &c. are compelled to turn informers themselves , and to find themselves work to accuse their neighbours on purpose to find themselves yet more work to disturb and distrain upon their goods and persons : a duty which the literal sense of this paragraph does not in the least impose upon them . but the eleventh section is more particular in these words : and be it farther enacted , &c. that if any constable , &c. who shall know or be credibly informed of any such meetings held within his precinct , and shall not give information thereof , &c. according to his duty , and endeavour the conviction of the parties , but shall wilfully omit the performance of his duty in the execution of the act , and shall be convicted thereof , shall forfeit the sum of five pounds . by this paragraph it is very plain indeed , that if the constable do either know of himself , or be credibly informed , and do not do his duty he forfeiteth 5 l. but still if he neither know nor be credibly informed , he is not bound to be so sedulous as to go upon the hunt. but suppose the constable , &c. should either know of himself , and be credibly informed , and should do his duty , that is , give information , and should receive a warrant to break open the house and enter : yet finding nothing of resistance , he is still but where he was , in regard that not having been there from the beginning to the end , he cannot be positive , whether the persons there assembled did exercise a religion according to the liturgy or practice of the church of england or not , which if they did , he has no power either to take their names , or apprehend their persons , unless they should be so imprudent as to make resistance , and give an occasion for their military power to be raised for their suppression , for then as mutineers and seditious persons , they break their own peace by disturbing the kings , and by making it appear they are the persons intended by this act , render themselves obnoxi us not only to the penalties of this but of much more severe laws . from which enjoyning of the military officers to be aiding and assisting to the constables with armed force , reason may not improperly collect the sense and meaning of the act to be no other than what has been already presum'd . for armed force and constabl●s , could never be intended by the law against passive submission and obedience . naked swords and constables staves could never be intended by christian legislators to compel the compliance of sincere and upright conscience , to things of small concernment in respect of those fundamentals wherein the prosecutors and the prosecuted both agree . and therefore while the civil magistrate has taken such extraordinary care for the publick safety and tranquility of the nation , it should not be the aim of others to carve out for them their care , the support and maintenance of any by interest whatever : an aim too apparent , by their publick dissatisfaction , and open exclaiming against that noble act of his majesties most royal goodness , his declaration for liberty of conscience ( too unhappily severe those counsels that removed the land-mark of his regal benignity . a presumption that they believe themselves more worthy or more able to manage that part of prerogative themselves , and grutch him the exercise of his right . whereas the legislators with more duty provide that nothing in their act shall extend to invalidate or avoid his majesties supermacy in ecclesiastical affairs . but the dissenting protestants acknowledge their soveraign to be both king and priest : a king as he is the supream head of the government ; a priest as the supream head of the church . to whom , as their lawful soveraign and head of the government , as they have been alwaies ready to yield the utmost of their obedience , so shall they never withdraw from him the utmost of their fidelity . and from whose priestly office they have yet hopes to feel the influences of his former grace and mercy , when their cause shall be better examined . for 't is not the exasperation of the pens of wicked men continually scribling division , nor the subornations of popery to fix imaginary plots , and load their innocence with the guilt and villanies of others , but the truth of their profession , and their upright walking before god and man , which they hope will at length turn the reproaches and calumnies of their enemies upon their own heads . 't is vnion which all true protestants desire , which they daily implore from god. there is nothing but vnion wanting in this rich and plentiful land. which as it is only obstructed by papists , or persons papistically affected , as it is apparent by their daily machinations and contrivances to unsetle and weaken the true protestant interest ; so there can be no greater argument for protestants to unite with protestants against the common enemy of their religion . from these and grounds of the same nature , there are some who have drawn this general conclusion , that it would be more conducing to the good of the kingdom , and the benefit of the protestant religion , that the penal laws against non-conformists , in reference to differences of religion , might not be put in execution , but forborn , till our most gracious soveraign , and his great council the parliament , should take the state of divided protestants into their wise consideration , and reduce things to a happier legal establishment . eor proof of which it may not be altogether improper to give a short recapitulation of the reasons brought in defence of the position . 1. that it cannot be good to execute the 35 of eliz. which the whole parliament thought dangerous to the whole protestant interest in england , and did as far as in them lay disannul . 2. it cannot be proper to execute that law upon them who cannot properly be guilty of the crime at which the law aims . 3. it cannot be proper to execute any law upon dissenting protestants , which was promoted by men popishly inclined , and which since appeared to be papists , as was the five mile act. 4. because it seems somewhat preposterous to rid the land of dissenting protestants , persons professing true religion and loyalty , yet leave the papists the enemies of the king and church to stay behind . 5. because the penal laws are to be inflicted upon the proper objects , as seditious sectaries , disloyal persons , hypocrites , that make religion a cloak and pretence to install principles of schism and sedition , not upon meetings where there is no tendency to any such designs . 6. a sixth argument is drawn from the piety of the non-conformists principles , and the peaceableness of their behaviour , found so to be from the experience of many years . 7. because they are protestants ; and it seems not so well done to use protestants , the kingdoms friends , and strength worse than papists , the enemies of the kingdom and protestant religion . 8. because it is not good to execute the law with a heavy hand upon all and every offender , without making a difference between one man and another , between one offence and another . 9. because by their publick preaching their judgments and practises are best discovered , and being in the head of the younger dissenters , they are as directions and examples to them , to keep them from dangerous excursions . 10. because that when pious and good men have their publick liberty , and make use of that liberty only to instruct the people in their duty to god and the king , &c. one chief end of the magistrates care of the state is obtained , which is to maintain sound doctrine . 11. because thereby they will be better enabled and encouraged to perform other good offices to the king and state. 2. then in reference to the church , these reasons are added : 1. because agreeing in fundamentals with their prosecutors , they are a great addition of strength against the force and subtleties of rome . 2. because thereby schism will come to a greater closure , when the church shall be satisfied in their profitable doctrine and peaceable behaviour , which will create a greater desire of peace and union . 3. because by this publick preaching , multitudes of poor souls that will go no where else , are in the way of salvation and profession of the gospel , of which some divines of the church of england are so deeply sensible , that they treat the non-conformists as friends and fellow labourers . all which reasons are more at large discussed in the conformists plea for the non-conformists , to which the reader is referred . there remains now no more than only the humble proposal of some few queries , and so to conclude . first in reference to the church . 1. whether a dissenter may be lawfully prohibited from preaching the word of god in truth and sincerity , at any time , or in any place ? 2. whether by the blessings and rewards that are promised to those that propagate the doctrine of christ , they are not obliged to do it ? 3. whether the example of christ and his disciples does not admit of preaching in houses , streets and fields to more than five in a company ? 4. whether it be not something erroneons for the law of man to contradict the law — 5. whether the passive obedience of persons prohibited by a law from preaching the word of god , be not destructive to the propagation and maintenance of the gospel of christ ? 2. in reference to the law of the land. 1. whether the opinion of the commons of england , that the prosecution of protestant dissenters , upon the penal laws , is at this time grievous to the subject , a weakning of the protestant interest , and an encouragement to popery , and dangerous to the peace of the kingdom , ought not to be taken into a more serious consideration ? 2. whether the prosecution of dissenters does not seem a little strange , as to the present timing of it , when the papists lie under several convictions of seeking the ruin of the protestant religion in the kingdom , and when the kingdom is under such fears and jealousies of the predominancy of their abettors ? 3. whether it be not more proper to begin with popery before they go about to extirpate non-conformity ? 4. whether they who have with so much inveteracy rak'd into the forgotten and pardon'd miscarriages of the presbyterians , had not better have spar'd their pains , as nothing at all to the purpose , except to what is unbecoming either peaceable or wise men ? 5. fifthly , whether a law that creates arbitrary distresses and imprisonments , be not contrary to the fundamentals of magna charta . 3. in reference to the law of scripture and nature . 1. whether the proceedings of the law enforcers be not contrary to the doctrine of christ , whatever ye would that men should do unto you , do ye even the same unto them , for this is the law and the prophets ? 2. whether it be according to scripture ; for protestants acknowledging the same jesus , the same scripture , and agreeing in the fundamentals of religion , only for differences in human ceremonies to tear and devour one another ? 3. whether in point of appeal to make parties themselves judges , be a thing usual ? 4. whether in the prosecution of protestants by protestants , to make use of informers and promooters , which the lord cook calls , turbiolum hominum genus , instead of christian advice and solid arguments , be according to scripture ? 4. in point of policy . 1. whether it be not against the rules of policy , for english-men of the same religion , by cruelties and severities to destroy one another , which must of necessity weaken the force , and destroy the trade of the nation ? it being one of the lord cook 's maxims , that a king can never be poor when his subjects are rich ; and therefore , 2. whether it be not against the rules of policy to set up a law for the encouragement of vexatious informers , who under the reverend mantle of love and justice ( to use the lord cook 's own words ) instituted for the protection of the innocent , and the good of the common-wealth , vex and depauperize the subject for malice and private ends , never for love of justice ? 3. whether it be not contrary to the rules of prudence to make attempts in fruitless undertakings , since it is found by experience , that persecution rather encreases than appeases enmity , and the common maxim is , that sanguis martyrum est semen ecclesiae ? 4. whether forbearance and mildness would not absolutely remove the scandal given to the protestant churches abroad , and endear us to our forraign protestant alliances ? 5. whether it be prudence to afflict protestants at home , when we entertain afflicted protestants from abroad ? 6. whether by these unnatural divisions the necessary leagues and tyes of friendship and acquaintance , common trust and confidence among men , may not in time be broken , to the ruin of all society ? 7. whether the wicked distinctions of tory and whigg , &c. were not set on foot to encrease the dissentions between protestants , and whether the invention and the malicious continuance of them , do not deserve a punishment equal to the worst of felonies ? 5. in reference to the executive part . 1. whether the issuing out of general warrants by the justices of the peace not authorized by the statute , do not render them obnoxious to other laws . 2. whether it be not almost morally impossible to swear a dissenters meeting to be contrary to the liturgy or practice of the church of england , where there is no overt act of publick disturbance , or seditious doctrine ? 3. whether the prosecution of this law do not afford several advantages to the spiteful and revengeful to reck their spleen upon their neighbours upon every slight disgust or falling out ? 4. whither it do not afford great opportunitis of combination between some needy justice of the peace , and their more needy associate the informer , to prosecute unlawful gain ; it being the general complaint of treble distresses made without any return ? 5. whether the constable not being authorized to break open any door , or force and gate or hedge , if the informer be so fool-hardy as to do either , and the constable follow him , the constable and the informer are not liable to the law ? 6. whether there be any penalty above 5 l. ( directed by this act ) to be laid upon a constable that shall be negligent in making distresses pursuant to his warrants , it being a try'd case at bury assizes in suffolk , 1678. or 1679. before the l. c. j. scroggs , where no more was recorded , although the warrants were for some hundreds of pounds ? 7. whether it be not positively against the statute for the observation of the lords day , by which it is expresly enacted , that no warrants shall be served upon that day , but in cases of treason , felony , or breach of the peace , to serve a warrant upon a religious meeting ? this being the state of the dissenters case , there nothing remains behind , but for that most sacred and heavenly vertue charity , to give up a true determination , accroding to the precepts of scripture , reason and morality , and the rules of christian government . although i cannot think but that most men are satisfied , that the act of the 35 of eliz. is expired , yet i thought it might not be amiss to subjoin hereunto the said act at large , with all other statutes made since that act that have any reference to it ; there have been so many solid arguments given , by men understanding in the law , to prove the expiration of it , that i shall not adventure to say any thing after them . the most material act upon which dissenters , are likely to be prosecuted , is that of the 22 of his present majesty , which hath been the subject of most of the preceding discourse , therefore i have also inserted that at laage . vestigia veritatis , &c. an act to retain the queens majesties subjects in their due obedience . for the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of seditious sectaries and disloyal persons , be it enacted by the queens most excellent majesty and by the lords spiritual and temporal , and the commons in this present parliament assembled , and by the authority of the same , that if any person or persons above the age of 16 years which shall obstinately refuse to repair to some church , chappel , or usual place of common-prayer , to hear divine service established by her majesties laws and statutes , in that behalf made , and shall forbear to do the same by the space of a month next after , without lawful cause , shall at any time after 40 days next after the end of this session of parliament by printing , writing , or express words or speeches advisedly and purposely practise or go about to move , or persuade any of her majesties subjects or any other within her highness realms or dominions , to deny , withstand , and impugn her majesties power and authority in causes ecclesiastical united and annexed to the imperial crown of this realm , or to that end or purpose shall advisedly or maliciously move or persuade any other person whatsoever to forbear or abstain from coming to church to hear divine service or to receive the communion according to her majesties laws and statutes aforesaid , or to come to or to be present at any unlawful assemblies , conventicles , or meetings ; under colour or pretence of any exercise of religion , contrary to her majesties said laws and statutes , or if any person or persons which shall obstinately refuse to repair to some church , chappel , or usual place of common prayer , and shall forbear by the space of a month to hear divine service as is aforesaid , shall after the said forty days either of him or themselves or by the motion , persuasion , entertainment or allurement of any other , willingly joyn in or be present at any such assemblies , conventicles or meetings , under colour or pretence of any such exercise of religion contrary to the laws and statutes of this realm as is aforesaid ; that then every such person so offending as aforesaid , and being thereof lawfully convicted , shall be committed to prison , there to remain without bayl or mainprise , until they shall conform and yield themselves to come to some church , chappel or usual place of common prayer and hear divine service , according to her majesties laws and statutes aforesaid , and to make such open submission and declaration of their said conformity as hereafter in this act is declared and appointed . provided always and be it further enacted by the authority aforesaid , that if any such person or persons which shall offend against this act as aforesaid , shall not within three months next after they shall be convicted for their said offence , conform themselves to the obedience of the laws and statutes of this realm in coming to the church to hear divine service , and in making such publick confession and submission as hereafter in this act is appointed and expressed , being thereunto required by the bishop of the diocess or any justice of the peace of the county where the same person shall happen to be , or by the minister or curate of the parish , that in every such case every such offender being thereunto warned & required by any justice of the peace of the same county where such offenders shall then be , shall upon his and their corporal oath before the justices of the peace in the open quarter sessions of the same county , or at the assizes and gaol-delivery of the same county before the justices of the same assises and gaol delivery , abjure this realm of england and all other the queens majesties dominions for ever , unless her majesty shall licence the party to return ; and thereupon shall depart out of this realm , at such haven or port , and within such time as shall in that behalf be assigned and appointed by the said justices before whom such abjuration shall be made , unless the same offender be letted or stayed by such lawful and reasonable means or causes as by the common laws of this realm are permitted and allowed in cases of abjuration for felony . and in such cases of let or stay , then within such reasonable and convenient time after as the common law requireth in case of abjuration for felony as is aforesaid . and that the justices of peace before whom any such abjuration shall happen to be made as is aforesaid , shall cause the same presently to be entred of record before them , and shall certifie the same to the justices of assises and gaol delivery of the said county , at the next assises or gaol-delivery to be holden in the same county . and if any such offenders which by the tenour and intent of this act is to be abjured as is aforesaid , shall refuse to make such abjuration as is aforesaid , or after such abjuration made , shall not go to such haven and within such time as is before appointed , and from thence depart out of this realm according to this present , act , or after such his departure shall return or come again into any her majesties realms or dominions without her majesties special licence in that behalf first had and obtained : that then in every such case the person so offending shall be adjudged a felon , and shall suffer as in case of felony without benefit of clergy . and furthermore be it enacted by the authority of this present parliament . that if any person or persons that shall at any time hereafter , offend against this act , shall before he or they be so warned or required to make abjuration according to the tenour of this act , repair to some parish church on some sunday or other festival day , and then and there hear divine service , and at the service time before the sermon , or reading of the gospel , make publick and open submission and declaration of his and their conformity to her majesties laws and statutes as hereafter in this act is declared and appointed ; that then the same offender shall thereupon be clearly discharged of and from all and every the penalties and punishments inflicted or imposed by this act for any of the offences aforesaid . the same submission to be made as hereafter followeth , that is to say : i. a. b. do humbly confess and acknowledg , that i have greivously offended god in contemning her majesties godly and lawful government and authority , by absenting my self from church , and from hearing divine service , contrary to the godly laws and statutes of this realm , and in using and frequenting disordered and unlawful conventicles and assemblies , under pretence and colour of exercise of religion ; and i am heartily sorry for the same , and do acknowledg and testifie in my conscience that no other person hath or ought to have any power or authority over her majesty . and i do promise and protest without any dissimulation or any colour or means of any dispensation , that from henceforth i will from time to time obey and perform her majesties laws and statutes , in repairing to the church and hearing divine service , and do mine uttermost endeavour to maintain and defend the same . and that every minister or curate of every parish where such submission and declaration of conformity shall hereafter be so made by any such offender as aforesaid , shall presently enter the same into a book to be kept in every parish for that purpose , and within ten days next following , shall certifie the same in writing to the bishop of the said diocess . provided nevertheless , that if any such offender after such submission made as is aforesaid , shall afterwards fall into relapse , or eftsoons , obstinately refuse to repair to some church , chappel , or usual place of common prayer , to hear divine service , and shall forbear the same as aforesaid , or shall come and be present at any such assemblies , conventicles , and meetings , under colour or pretence of any exercise of religion , contrary to her majesties laws and statutes . that then every such offender shall lose all such benefit as he or she might otherwise by vertue of this act , have or enjoy by reason of their said submission , and shall thereupon stand and remain in such plight , condition and degree to all intents , as though such submission had never been made . and for that every person having house and family , is in duty bounden to have special regard of the good government and ordering of the same ; be it enacted by the authority aforesaid , that if any person or persons shall at any time hereafter , relieve , maintain , retain or keep in his or their house or otherwise , any person which shall obstinately refuse to come to some church , chappel , or usual place of common prayer to hear divine service , and shall forbear the same by the space of a month together , contrary to the laws and statutes of this realm , that then every person which shall so relieve , maintain , retain , or keep any such person offending as aforesaid , after notice thereof to him or them given by the ordinary of the diocess , or any justices of the assizes of the circuit , or any justice of peace of the county , or the minister , curate , or church-wardens of the parish where such person shall then be , or by any of them , shall forfeit to the queens majesty for every person so relieved , maintained , retained or kept after such notice as aforesaid , ten pounds for every month , that he or they shall so relieve , maintain , retain or keep any such person so offending . provided nevertheless , that this act shall not in any wise extend to punish or impeach any person or persons for relieving , maintaining , or keeping his or their wive , father , mother , child or children , wardes , brother or sister , or his wives father or mother , not having any certain place of habitation of their own , or the husbands or wives of any of them , or for relieving , maintaining , or keeping any such person as shall be committed by authority to the custody of any by whom they shall be so relieved , maintained or kept , any thing in this act contained to the contrary notwithstanding . and for the more speedy levying and recovering for and by the queens majesty of all and singular the pains , duties , forfeitures and payments , which at any time hereafter shall accrue , grow or be payable by vertue of this act , or of the statutes made in the 23th . year of her majesties reign concerning recusants : be it enacted by the authority aforesaid , that all and every the said pains , duties , forefeitures , and payments , shall and may be recovered and levied to her majesties use , by action of debt , bill , plaint , information , or otherwise in any of the courts commonly called kings bench , common pleas , or exchequer ; in such sort and in all respects as by the ordinary course of the common laws of this realm , any other debt due by any such person in any other case should or may be recovered or levied wherein no essoign , protection or wager of law shall be admitted or allowed . provided always that the third part of the penalties to be had or received by vertue of this act , shall be imployed and bestowed to such good and charitable uses , and in such manner and form as is limitted and appointed in the statute made in the 28th year of her majesties reign touching recusants . provided also that no popish recusant or feme-covert shall be compelled or bound to abjure by vertue of this act. provided also that every person that shall abjure by force of this act , or refuse to abjure being thereunto required as aforesaid , shall forfeit and lose to her majesty all his goods and chattels forever , and shall further lose all his lands tenements and hereditaments , for and during the life of such offender and no longer ; and that the wife of any offender by force of this act shall not lose her dower ; nor that any corruption of blood shall grow or be by reason of any offence mentioned in this act ; but that the heir of every such offender by force of this act shall and may after the death of every offender have and enjoy the lands , tenements and hereditaments of such offender , as if this act had not been made . and this act to continue no longer than the end of the next session of parliament . anno 39 eliz. cap. 18. an act for the reviving , continuance , explanation , perfecting and repealing of divers statutes . and amongst others it is there thus expressed , viz. and wherein the parliament holden at westminster the 19. day of february in the 35th year of the queens majesties reign that now is , there was an act made , intituled , an act to retain the queens majesties subjects in their due obedience ; be it enacted by the authority of this present parliament that this act ( viz. 35 of eliz. ) as well as the other there recited statutes and acts , shall be by authority of this present parliament revived , continued , and endure in force and effect until the end of the next parliament next ensuing . the next parliament was begun and holden at westminister the 27th day of october in the 43th of eliz. and there continued until the dissolution thereof , being the 19th of december next following , anno 1601. and there in the 9th chapter , sect. 18. this 35 eliz. is again continued by the statute intituled , an act for continuance of divers statutes , and for repeal of some others . as the 27. sect. of the said act does make to appear . the words are these , be it enacted by the authority of this present parliament that the same shall be continued and remain in force until the end of the first session of the next parliament . at the parliament begun and holden at westminster the 19th day of march , the first year of king james , and there continued until the 7th of july , anno 1604 and then prorogued until the 7th of february next following , which ended that session . in the 25th chapter intituled , an act for continuing and reviveing of divers statutes , and for repealing of some others , in sect. the 13th and the 24th this 35 eliz. and among divers acts , is again continued in these words , viz. shall be continued and remain in force until the end of the first session of the next parliament . at the second session of parliament begun and holden by prorogation at westminster , the 5th day of november , in the third year of king james , and there continued until the 27th of may , and from thence prorogued till the 18th of november next following , there is no mention at all made of any continuance of this 35 eliz. neither was there any mention made of this said 35 eliz. at the next session of the said parliament , begun and holden at westminster , by prorogation the 18th day of november , in the 4th year of king james , which session ended the 4th of july , anno 1607. and then was prorogued until the 16th day of november next following . nor during all the fourth session of the said parliament , begun and holden by prorogation at westmimster , the 19th day of february , in the 7th of king james , and there continued until the 23th day of july , ( and then prorogued until the 16th day of october next following . anno 1610. ) was there any the least mention of a continuance of this said 35 elizabeth . the vacation after hil. 20. jac. memorand . that on monday the 17th of february at serjeants-inn , upon the assembly of all the justices to take consideration upon the statute of 35 eliz. c. 1. for the abjuration of sectaries ; the attorny general and serjeant crew being there , after the perusal of the statute , and the continuances thereof , it was first upon debate considered , whether this statute was in force or discontinued , and upon the perusal of the proviso in the statute of subsidy , and upon reasoning the matter , these points were resolved . 1. if a parliament be assembled , and divers orders made , and a writ of error brought , and a record delivered to the higher house , and divers bills agreed , but no bills signed ; that this is but a convention , and no parliament or session ; as it was anno 12 jac. in which ( as it was affirmed by them which had seen the roll ) it is entred that it is not any session ; or parliament , because that no bill was signed , vide 33. h. 6. brook parliament . 86. every session in which the king signs bills is a parliament . 2. it was agreed , that if divers statutes be continued until the next parliament or next session , and there is a parliament or a session and nothing done therein as to continuance , all the said statutes are discontinued and gone . and then it was moved whether this statute was discontinued , and seriatim , jones , chamberlain , hutton , denham , haughton , dodderidge , winch and bromley declared their opinions , that this statute is discontinued , and that the statute of subsidy is a parliament , and that every parliament is a session , but not e converso , for one parliament may have divers sessions as the parliament 1 jac. had four , and ended 7 jac. vide 33. h. 6. bro. parl. 86. and that this proviso is not to any other purpose but to continue their proceedings in the same estate as if this act had not been made , and if this proviso had not been , then this statute had been discontinued by this act of subsidy , but when this ends and is determined , then is the session ended , then it is a session , scil . a parliament , which ought to be pleaded , at the parliament holden , &c. and all the commissions of subsidy are accordingly and the proviso call it a session ; then this being done , the lord chief baron did not deliver any opinion , for he said , that he had not considered the statute , and afterwards it was desired that the lords would deliver their opinions , and thereupon the lord hobart declared his opinion accordingly , that it seemed to him that it was a session , and that it was not safe to meddle with such law ; and that he would never refuse to declare his opinion with his brethren . after the lord chief justice ley made a long discourse concerning the purpose and intent of parliament , scilicet , that it was not their purpose to destroy so good laws , and therefore it was not any such session , as was within the intent of the preceding parliament , which was , that these should determine when it is a parliament or session , in which good laws are made . and doderidge said , that it was fit to see the commission , and that that which hath been said , was not to bind any one , but every one spoke what then he was advised of , and peradventure might change upon better consideration . and afterwards , upon tuesday on an assembly of the two chief justices , the chief baron , justice haughtom , baron denham , hutton , chamberlain , and jones the attorney general brought the commission de 12 eliz. june 1. and that had these words ; pro eo quod nullus regalis assensus , nec responsio per nos praestat . fuit nullum parliamentum nec aliqua sessio parliamenti lata aut tent . fuit . they have power to adjourn this parliament thus begun , and the commission to dissolve this parliament 28 feb. anno. 19 jac. had the same words , saving that he recite that he had given his royal assent to an act of subsidy , by which was intended , that it should not be a session ; and upon view of the commission , the lord chief justice moved that the king was mistaken in this , that he had given power to dissolve this parliament , which had not any session , and if it be a session , then he had no power to dissolve it , and then it is as it were a recess , and a parliament cannot be discontinued or dissolved , but by matter of record , and that by the king alone ; and if the parliament yet continue , then this statute also continue during the parliament by the proviso ; but that would not serve : for first it is against the intent of the king , and against his proclamation : and also the case is truly put in the commission , as to the matter in fact ; and he is not misinformed , but mistaken in the law , and then the commission for the dissolving is good , semblable to the lord chandois case , and other cases , vide in cholmley's case ; but because that all the judges were not at this conference , therefore it was deferred until the next term ; and in the interim the grand secretary and the attorney general were to inform the king , that the statute is obscure , and had not been put in ure , and that we could not agree . si divers sessions sont in vn mesme parlement & le roy ne signe bille tanque al darren , la tout nest que un mesme jour , & tent avera relation al primer jour del primer session & le primer jour & le darren jour nest que un mesme parlement & un mesme jour in ley , nisi special mention soit fait in pact quant ceo prendra force ; mes chescun session in que le roy signe les billes est un jour a per lui , & un parlement a per luy & navera auter relation , mes a mesme le session : quod not a diversitatem ( 33. h. 8. ) bro. tit. parl. fol. 119. b. num . 86. that is in english , if there be divers sessions in one and the same parliament , and the king signeth no bill until the last day , there all is but one and the same day , and all shall have relation to the first day of the first session , and the first day and the last day is but one and the same parliament , and one and the same day in law , unless there be special mention made in the act when that shall take its force ; but every session wherein the king signeth any bills , is a day by it self , and a parliament by it self , and shall have no other relation but to the same session ; wherein note the diversity 33. h. 8. when a parliament is called and doth sit , and is dissolved without any act of parliament passed , or judgment given , it is no session of parliament , but a convention , coke 4. inst . fo . 28. vide also 2. bulstr . fo . 237. in hobart's rep. p. 78. it is st. john's case , there was an action brought on the statute 21. h. 6. for not returning one burgess , &c. and there it is said , the parliament was as none , because there was no act nor record of it . and in p. 111. hobart says , the 12 jacobi ( which if you be judged by the journal , was a large , and well occupied parliament ) because no act passed , nor record is of it , was resolved by all the judges to be no parliament . and now we are come to the parliament begun and holden at westminster , the 19 of february , in the 21 year of king james , which was there continued until the 29 day of may following , and then prorogued to the second day of november , anno 1624. and there , in the 28 chapter , is an act intituled , an act for continuing and reviving of divers statutes , and repeal of divers others . wherein are these words , viz. and so much of one act made in the 35 year of the reign of the said late q. elizabeth , intituled , an act to retain the queens majesties subjects in their due obedience , as hath not been sithence repealed by any other statute ( and the other 57 statutes which are there mentioned ) shall , by vertue of this act be judged ever since the session of parliament in the 7th . year of his majesties reign of england to have been of such force and effect as the same were the last day of that session , and from thenceforth until the end of the first session of the next parliament . well , in the next parliament begun and holden at westminster the 18 day of june , anno 1625. in the first year of king charlis the i. and there continued until the 11th . day of july following , and then adjourned until the first day of august following unto oxford , several acts passed and by a special bill then past , it was enacted as followeth , ( it is the 7th chapter in keeble ) viz. and all statutes and acts of parliament which are to have continuance unto the end of this present session shall be of full force after the said adjournment , until this present session be fully ended and determined , and if this session shall determine by dissolution of this present parliament , then all the acts aforesaid , shall be continued until the end of the first session of the next parliament . at the next parliament begun and holden at westminster the 17th day of march , anno 1627. in the 3d year of king charles the i. there is an act in the fourth chapter , intituled , an act for repeal and continuance of divers statutes , among which in the 21 section this 35 eliz. is mentioned thus , viz. and so much of one act made in tho 35 year of the reign of the late q. eliz. intituled an act to retain the queens majesties subjects in their due obedience , as hath not been since repealed by any other statute ; and in the 22d section it enacts , that this 35 of eliz , by vertue of this act shall be and continue until the end of the first session of the next parliament , holden in the first year of the reign of our sovereign lord the king that now is . from that 3d year unto the 16 there is no mention made ( * as the observer has truly remark'd ) of any thing relating to the 35. eliz. but in the 16 ( at the parliament begun at westminster the 3d day of november , anno 1640. c. 4. ) it is enacted as followeth , viz. and be it enacted by the authority aforesaid , that the passing of this present act , or of any other act or acts , or his majesties royal assent to them or any of them in this present session of parliament , shall not be any determination of the said session , and that all statutes and acts of parliament which have their continuance , or were by an act of parliament made in the 3d year of the reign of his majestie that now is , intituled , an act for the continuance and repeal of divers statutes continued until the end of the first session of the then next parliament , shall , by virtue of this act be adjudged ever since the session of parliament in the said third year to have been of such force and effect as the same were the last day of that session , and from thenceforth until some other act of parliament be made , touching the continuance or discontinuance of the said statutes and acts in the said act of the third year of his majesties reign continued , as aforesaid . and from this statute we find nothing of the 35 eliz. cap. 1. till we come to the 16 of his now majesty , and that act i have recited here at large , as followeth , viz. an act to suppress seditious conventicles . vvhereas an act made in the 35th . year of the reign of our late sovereign lady the queen elizabeth , entituled , an act to retain the queens majesties subjects in their due obedience , hath not been put in execution by reason of some doubt of late made whether the said act be still in force , although it be very clear and evident , and it is hereby declared , that the said act is still in force , and ought to be put in due execution . 2. for providing therefore of further and more speedy remedies against the growing and dangerous practices of seditious sectaries , and other disloyal persons , who under pretence of tender consciences do at their meetings contrive insurrections , as late experience hath shewed : 3. be it enacted by the kings most excellent majesty , by and with the advice and consent of the lords spiritual and temporal , and the commons in this present parliament assembled , and by authority of the same ; that if any person of the age of 16 years or upwards , being a subject of this realm , at any time after the first day of july , which shall be in the year of our lord 1664 , shall be present at any assembly , conventicle , or meeting , under colour or pretence of any exercise of religion , in other manner than is allowed by the liturgy or practice of the church of england , in any place within the kingdom of england , dominion of wales , and town of berwick upon tweed ; at which conventicle , meeting , or assembly , there shall be five persons or more assembled together , over and above those of the same houshold ; then it shall and may be lawful to and for any two justices of the peace of the county , limit , division , or liberty , wherein the offence aforesaid shall be committed , or for the chief magistrate of the place where such offence aforesaid shall be committed , ( if it be within a corporation where there are not two justices of the peace ) and they are hereby required and enjoyned , upon proof to them or him respectively made of such offence , either by confession of the party , or oath of witness or notorious evidence of the fact , ( which oath the said justices of the peace and chief magistrate respectively , are hereby impowered and required to administer ) to make a record of every such offence and offences , under their hands and seals respectively ; which record so made as aforesaid , shall to all intents and purposes be in law taken and adjudged to be a full and perfect conviction of every such offender for such offence . and thereupon the said justices and chief magistrate respectively , shall commit every such offender so convicted as aforesaid , to the gaol or house of correction , there to remain without bail or mainprise , for any time not exceeding the space of three moneths , unless such offender shall pay down to the justices or chief magistrate such summ of money , not exceeding 5 l. as the said justices or chief magistrate , ( who are hereby thereunto authorized and required ) shall fine the said offender at , for his or her said offence ; which money shall be paid to the churchwardens , for the relief of the poor of the parish where such offender did last inhabit . 4. and be it further enacted by the authority aforesaid , that if such offender so convicted as aforesaid , shall at any time again commit the like offence contrary to this act , and be thereof in manner aforesaid convicted , then such offender so convict of such second offence shall incurr the penalty of imprisonment in the gaol or house of correction , for any time not exceeding six moneths without bail or mainprise , unless such offender shall pay down to the said justices or chief magistrate , such summ of money , not exceeding 10 l. as the said justices or chief magistrate ( who are thereunto authorized and required as aforesaid ) shall fine the said offender at , for his or her said second offence , the said fine to be disposed in manner aforesaid . 5. and be it further enacted by the authority aforesaid , that if any such offender so convict of a second offence , contrary to this act in manner aforesaid , shall at any time again commit the like offence contrary to this act , then any two justices of the peace , and chief magistrate as aforesaid respectively , shall commit every such offender to the gaol or house of correction , there to remain without bail or mainprise , untill the next general quarter sessions , assizes , gaol-delivery , great sessions , or sitting of any commission of oyer and terminer in the respective county , limit , division , or liberty which shall first happen , when and where every such offender shall be proceeded against by indictment for such offence , and shall forthwith be arraigned upon such indictment , and shall then plead the general issue of not guilty , and give any special matter in evidence , or confess the indictment . and if such offender proceeded against shall be lawfully convict of such offence , either by confession or verdict ; or if such offender shall refuse to plead the general issue , or to confess the indictment ; then the respective justices of the peace at their general quarter sessions , judges of assize and gaol-delivery , at the assizes and gaol-delivery , justices of the great sessions at the great sessions , and commissoners of oyer and terminer at their sitting , are hereby enabled and required to cause judgment to be entered against such offender , that such offender shall be transported beyond the seas to any of his majesty's forein plantations , ( virginia and new engl. only excepted ) there to remain seven years ; and shall forthwith under their hands and seals make out warrants to the sheriff or sheriffs of the same county where such conviction or refusal to plead or to confess as aforesaid shall be , safely to convey such offender to some port or haven nearest or most commodious to be appointed by them respectively , and from thence to embarque such offender , to be safely transported to any of his majesty's plantations beyond the seas , as shall be also by them respectively appointed , ( virginia and new england onely excepted . ) whereupon the said sheriff shall safely convey and embarque , or cause to be conveyed or embarqued , such offender to be transported as aforesaid , under pain of forfeiting for default of so transporting every such offender the summ of 40 l. of lawful money , the one moiety thereof to the king , and the other moiety to him or them that shall sue for the same , in any of the kings courts of record , by bill , plaint , action of debt , or information ; in any of which no wager of law , essoin , or protection shall be admitted . and the said respective court shall then also make out warrants to the several constables , head-boroughs , or tythingmen of the respective places , where the estate real or personal of such offender to be transported shall happen to be , commanding them thereby to sequester into their hands the profits of the lands , and to distrain and sell the goods of the offender so to be transported , for the reimbursing of the said sheriff , and such reasonable charges as he shall be at , and shall be allowed him by the said respective court for such conveying and embarquing of such offender so to be transported , rendring to the party , or his or her assigns , the overplus of the same if any be , unless such offender , or some other on the behalf of such offender so to be transported , shall give the sheriff such sureties as he shall approve of for the paying all the said charges unto him . 6. and be it further enacted by the authority aforesaid , that in default of defraying such charges by the parties to be transported , or some other in their behalf , or in default of security given to the sheriff as aforesaid ; it shall and may be lawful for every such sheriff to contract with any master of a ship , merchant , or other person , for the transporting of such offender at the best rate he can ; and that in every such case it shall and may be lawful for such persons so contracting with any sheriff for transporting such offender as aforesaid , to detain and imploy every such offender so by them transported , as a labourer to them or their assigns , for the space of five years to all intents and purposes , as if he or she were bound by indentures to such person for that purpose . and that the respective sheriffs shall be allowed or paid from the king upon their respective accounts in the exchequer all such charges by them expended for conveying , embarquing , and transporting of such persons , which shall be allowed by the said respective courts , from whence they received their respective warrants , and which shall not have been by any of the ways aforementioned paid , secured , or reimbursed unto them as aforesaid . vii . provided always , and be it further enacted , that in case the offendor so indicted and convicted for the said third offence , shall pay into the hands of the register or cler of the coart or sessions where he shall be conuicted ( before the said court or sessions shall be ended ) the sum of 10 l. that then the said offendor shall be discharged from transportation , and the judgment for the same . 8. and be it further enacted , that the like imprisonment , indictment , arraignment and proceedings , shall be against every such offender , as often as he shall again offerd , after such third offence , nevertheless is dischargeable and discharged by the payment of the like sum , as was paid by such offendor for his or her said offence next before committed together with the additional and increased sum of 100 l. more upon every new offe●ce committed , the said respective sums to be paid as aforesaid : and to be disposed of as followeth ( viz. ) the one moiety for the repair of the parish-church , or churches , chappel , or chappels of such parish within which such conventicle , assembly , or meeting shall be held , and the other moiety to the repair of the high-ways of the said parish , or parishes ( if need require ) or otherwise for the amendment of such high ways as the justices of the peace at their respective quarter-sessions shall direct and appoint . and if any constable , head orough , or tythingman , shall neglect to execute any the said warrants made unto them for sequestring distraining and selling any of the goods and chattels of any offendor against this act , for the levying such sums of money as shall be imposed for the first or second offence , he shall forfeit for every such neglect the sum of 5 l. of lawful money of england , the one moiety thereof to the king , and the other moiety to him that will sue for the same in any of the kings courts of record as aforesaid . and if any person be at any time su●d for putting in execution any of the powers contained in this act , such person shall and may plead the general issue and give the special matter in evidence . and if the plaintiff be non-suit . or a verdict pass for the defendant thereupon , or if the plaintiff discontinue his action , or if upon demurrer judgment be given for the defendant , every such defendant shall have his or their treble costs . 9. and be it further enacted , that if any person against whom judgment of transportation shall be given in manner aforesaid , shall make escape before transportation or being transported as aforesaid , shall return unto this realm of england dominion of wales , and town of barwick upon tweed , without the special licence of his majesty , his heirs , and successors , in that behalf first had and obtained . that the party so escaping , or returning , shall be adjudged a fellon , and shall suffer death , as in case of fellony without benefit of clergy , and shall forfeit and loose to his majesty , all his , or her goods and chattels for ever ; and shall further loose to his majesty all his , or her goods and chattels , lands , tenements and hereditaments , for and during the life of such offendor , and no longer . and that the wife of any such offendor by force of this act shall not lose her dower , nor shall any corruption of blood grow , or be , by reason of any such offence mentioned in this act , but that the heir of every such offendor by force of this act , shall and may after the death of such offendor have and enjoy the lands , tenements and hereditaments of such offendors as if this act had not been made . 10. and for better preventing of the mischiefs which may grow by such seditious and tumultuous meetings , under pretence of religious worship . be it further enacted by the authority aforesaid , that the lieutenants , or debuty-lieutenants , or any commissioned officers of the militia , or any other of his majesties forces , with such troops or companies of horse or foot , and also the sheriffs and justices of peace and other magistrates and ministers of justice , or any of them jointly , or severally , within any the counties or places within this kingdom of england , dominion of wales , or town of berwick upon tweed , with such other assistance as they shall think meet , or can get in readiness with the soonest , on certificate made to them respectively , under the hand and seal of any one justice of the peace , or chief magistrate as aforesaid ; of his particular information , or knowledg of such unlawful meetings , or conventicles , held or to be held in their respective counties or places , and that he ( with such assistance as he can get together , is not able to suppress or dissolve the same ) shall and may , and are hereby required to repair unto the place where they are so held , or to be held , and by the best means they can , to dissolve and dissipate or prevent all such unlawful meetings ; and take into their custody , such of those persons so unlawfully assembled , as they shall judg to be the leaders and seducers of the rest ; and such others , as they shall think fit to be proceeded against , according to law for such their offences . 11. and be it enacted by the authority aforesaid , that every person who shall wittingly and willingly suffer any such conveticle , unlawful assembly or meeting aforesaid , to be held in his or her house , out-house , barn or room , yard or backside , woods or grounds , shall incur the same penalties and forfeitures as any other offendor against this act ought to incur and be proceeded against in all points in such manner as any other offendor against this act ought to be proceeded agianst . 12. provided also , and be it enacted by the authhrity aforesaid , that if any keeper of any goal or house of correction , shall suffer any person committed to his custody for any ossence against this act , to go at large , contrary to the warrant of his commitments , according to this act , or shall permit any person who is at large , to joyn with any person committed to his custody , by vertue of this act in the exercise of religion disfering from the rites of the church of england . then every such keeper of a goal or house of correction , shall for every such offence , forfeit the sum of 10. l. to be levied , raised , and disposed by such persons and in such manner as the penalties for the first and second offences against this act are to be levied , raised and disposed . 13. provided always , that no person shall be punished for any offence against this act , unless such offendor be prosecuted for the same within three months after the offence committed ; and that no person who shall be punished for any offence by vertue of this act shall be punished for the same offence by vertue of any other act or law whatsoever . 14. provided also and be it enacted , that judgment of transportation shall not be given against any feme covert unless her husband be at the same time under the like judgment , and not discharged by the payment of money , as aforesaid ; but that instead thereof she shall by the respective court be committed to the goal or house of correction , there to remain without bail or mainprize , for any time not exceeding 12 months , unless her husband shall pay down such sum not exceeding 40 l. to redeem her from imprisonment , as shall be imposed by the said court , the said sum to be disposed by such persons , and in such manner , as the penalties for the first and second offence against this act are to be disposed . 15. provided also , and be it enacted by the authority aforesaid , that the justices of the peace , and chief magistrate respectively , impowered as aforesaid , to put this act in execution , shall and may with what aid , force and assistance they shall think fit for the better execution of this act , after refusal or denial , enter into any house or other place , where they shall be informed any such conventicle as aforesaid is or shall be held . 16. provided , that no dwelling-house of any peer of this realm , whilest he or his wife shall be there resident , shall be searched , by vertue of this act , but by immediate warrant from his majesty , under his sign manual , or in the prefence of the lieutenant , or one of the deputy-lieutenants , or two justices of the peace , whereof one to be of the quorum of the same county or riding , nor shall any other dwelling-house of any peer or other person whatsoever , be entered into with force by vertue of this act , but in the presence of one justice of the peace or chief magistrate respectively , except within the city of london , where it shall be lawful for any such other dwelling-house to be entred into as aforesaid , in the presence of one justice of the peace , alderman , deputy-alderman , or any one commissoner for the lieutenancy for the city of london . 17. provided also , and be it enacted by the authority aforesaid , that no person shall by vertue of this act , be committed to the house of correction , that shall satisfie the said justices of the peace , or chief magistrate respectively , that he or she ( and in case of a feme covert that her husband ) hath an estate of free-hold , or copy-hold , to the value of 5 l. per annum , or personal estate to the value of 50 l. any thing in this act to the contrary notwithstanding . 18. and in regard a certain sect called quakers , and other sectaries are found not only to offend in the matters provided against by this act , but also obstruct the proceedings of justice , by their obstinate refusal to take oaths lawfully tendered unto them , in the ordinary course of law , therefore be it further enacted , by the authority aforesaid , that if any person or persons , being duly and legally served with process or other summons , to appear in any court of record except court-leets , as a witness , or returned to serve of any jury , or ordered to be examined upon interrogatories , or being present in court , shall refuse to take any judicial oath legally tendered to him , by the judg or judges of the same court having no legal plea to justifie , or excuse the refusal of the same oath , or if any person or persons being duly served with process to answer any bill , exhibited against him or them in any court of equity , or any suit in any court ecclesiastical shall refuse to answer such bill or suit upon his or their corporal oath , in cases where the law requires such answer to be put in upon oath , or being summoned to be a witness in any such court , or ordered to be examined upon interrogatiories shall for any cause or reason not allowed by law , refuse to take such oath , as in such cases is required by law , that then and in such case the several and respective courts wherein such refusal shall be made , shall be and are hereby enabled to record , enter , or register such refusal ; which record or entry shall be and is hereby made a conviction of such offence , and all and every person and persons , so aforesaid offending , shall for every such offence , incur the judgment and punishment of transportation , in such manner as is appointed by this act for other offences . 19. provided always , that if any person or persons aforesaid , shall come into such court , and take his or their oath in these words . i do swear , that i do not hold the taking of an oath to be unlawful , nor refuse to take an oath on that account . 20. which oath , the respective court or courts aforesaid , are hereby authorized , and required , forthwith to tender , administer and register before the entry of the conviction aforesaid , or shall take such oath before some justice of the peace , who is hereby authorized and required to administer the same to be returned into such court , such oath so made shall acquit him or them from such punishment , any thing herein to the contrary notwithstanding . 21. provided always , that every person convicted as aforesaid , in courts aforesaid ( other then his majesties courts of kings-bench , or before the justices of assize , or general goal-delivery ) shall by warrant containing a certificate of such conviction , under the hand and seal of the respective judg or judges , before whom such conviction shall be had , be sent to some one of his majesties goals in the same county where such conviction was had , there to remain without bail or mainprize , untill the next assizes or general-goal-delivery , where , if such person so convicted , shall refuse to take the oath aforesaid , being tendered unto him by the ●ustice or justices of assize or goal-delivery , then such justice , or justices shall cause judgment of transportation to be executed in such manner as judgment of transportation by this act is to be executed ; but in case such person shall take the said oath , then he shall thereupon be discharged . 22. provided always , and be it enacted by the authority aforesaid , that if any peer of this realm , shall offend against this act , he shall pay 10 l. for the first offence , and 20 l. for the second offence , to be levied upon his goods and chattels by warrant from any two justices of the peace , or chief magistrate of the place , or division , where such peer shall dwell ; and that every peer for the third and every further offence against the tenour of this act , shall be tried by his peers and not otherwise . 23. provided also and be it further enacted by the authority aforsaid , that this act shall continue in force for three years after the end of this present session of parliament , and from thence forward to the end of the next session of parliament , after the said three years , and no longer . since this was finished , i found in the london gazette published thursday april 21. 1681. this paragraph , viz. to undeceive the kings loyal subjects , who may be misled into error by a pamphlet called the history of the life and death of 35 eliz. these are to inform them , that that act amongst others , was continued 1 jac. until the end of the first session of the next parliament , there were four sessions in that parliament , the last whereof ended 7 jac. but the act was to continue to the first session of the next parliament ; and though every session to some purposes be as a several parliament , yet it is no such parliament which can have a first session , and is never in acts of parliament stiled the next parliament . the next parliament summoned was 12 jac. but because nothing was done therein , it was held no parliament . then a parliament was summoned 18 jac. wherein passed only subsidies granted by the spiritualty and temporalty . hence a question arose 20 jac. whether 35 eliz. was not discontinued upon this ground , that 18 jac. was a session by passing the subsidy act , which being referr'd to all the judges , nine of them were of opinion , 35 eliz. with the other laws continued 1 jac. were thereby discontinued . to prevent which mischief , the parliament 21 jac. not only revives 35 eliz. and those other laws in all 58. but enacts that they shall be ad udged ever since the session of parliament 7 jac. to have been of such force and effect as the same were the last day of that session . and 't is undoubted they all were then in force , by virtue of 1 jac. and the latter continuance run clear without the aid of the declaratory law of 16 car. 2. and though this conventicle act of 16 car. 2. be expired , yet there is another of greater force 22 of the king yet in being . and having therein mentioned the act of the 22 of his present majesty , i thought i could not justly acquit my self of what i had undertaken ( viz. impartially and fully to let down all that might any ways have relation to this 35. eliz. c. 1. ) without giving you that statute at large , whereby the judicious reader may fee how far it proves the 35 eliz. still to be in force . an act to prevent and suppress seditious conventicles . for providing further and more speedy remedies against the growing and dangerous practises of seditious sectaries and other disloyal persons , who under pretence of tender consciences , have or may at their meetings contrive insurrections ( as late experience hath shown ) be it enacted by the kings most excellent majesty , by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled , and by authority of the same , that if any person of the age of 16 years or upwards , being a subject of this realm , at any time after the tenth day of may next , shall be present at any assembly , conventicle or meeting , under colour or pretence of any exercise of religion in other manner then according to the liturgy and practise of the church of england , in any place within the kingdom of england , dominion of wales , or town of berwick upon tweed , at which conventicle , meeting or assembly , there shall be five persons or more assembled together , over and besides those of the same houshold ; if it be in a house where there is a family inhabiting , or if it be in a house , field ; or place where there is no family inhabiting : then where any five persons or more are so assembled as aforesaid , it shall and may be lawfull to and for any one or more justices of the peace of the county , limit , division , corporation or liberty , wherein the offence aforesaid shall be committed , or for the chief magistrate of the place where the offence aforesaid shall be committed . and he and they are hereby required and enjoyned , upon proof to him or them respectively made of such offence , either by confession of the party , or oath of two witnesses ( which oath , the said justice and justices of the peace and chief magistrate respectively are hereby impowred and required to administer ) or by notorious evidence and circumstance of the fact , to make a record of every such offence under his or their hands and seals respectively ; which record so made as aforesaid , shall to all intents and purposes be in law taken and adjudged to be a full and perfect conviction of every such offender for such offence ; and thereupon the said justice , justices , and chief magistrate respectively , shall impose on every such offender so convict as aforesaid , a fine of 5 s. for such first offence , which record and conviction shall be certified by the said justice , justices , or chief magistrate , at the next quarter sessions of the peace for the county or place where the offence was committed . 2. and be it further enacted by the authority aforesaid , that if such offender so convicted as aforesaid , shall at any time again commit the like offence or offences contrary to this act , and be thereof in manner aforesaid convicted : then such offender so convict of such like offence or offences , shall for every such offence incur the penalty of 10 s. which fine and fines for the first , and every other offence shall be levied by distress and sale of the offenders goods and chattels ; or in case of the poverty of such offender , upon the goods and chattels of any other person or persons who shall then be convicted in manner aforesaid of the like offence at the same conventicle , at the discretion of the said justice , justices or chief magistrate respectively , so as the sum to be levied , or any one person in case of the poverty of other offenders amount not in the whole to above the sum of 10 l. upon occasion of any one meeting as aforesaid , and every constable , headborough , tythingman , church-wardens , and overseers of the poor , respectively , are hereby authorised and required to levy the same accordingly , having first received a warrant under the hands and seals of the said justice , justices , or chief magistrate , respectively so to do ; the said moneys so to be levied , to be forthwith delivered to the same justice , justices , or chief magistrate , and by him or them to be distributed . the one third part thereof to the use of the kings majesty , his heirs and succssors , to be paid to the high-sheriff of the county for the time being , in manner following , that is to say , the justice or justices of the peace , shall pay the same into the court of the respective quarter sessions , which said court shall deliver the same to the sheriff , and make a memorial on record of the payment , and delivery thereof , which said memorial shall be a fufficient and final discharge to the said justice and justices , and a charge to the sheriff , which said discharge and charge shall be certified into the exchequer together , and not one without tho other . and no justice shall or may be questioned or accomptable for the same in the exchequer or else where , then in quarter sessions . and other third part thereof to and for the use of the poor of the parish where such offence shall be committed . and the other third part thereof to the informer and informers , and to such person and persons as the said justice , justices , or chief magistrate respectively shall appoint , having regard to their diligence and industry in the discovery , dispersing , and punishing of the said conventicles . 3. and be it further enacted by the authority aforesaid , that every person who shall take upon him to preach or teach in any such meeting , assembly , or conventicle , and shall thereof be convicted as aforesaid , shall forfeit for every such first offence , the sum of 20 l. to be levied in manner aforesaid , upon his goods and chattels . and if the said preacher or teacher so convicted be a stranger , and his name and habitation not known , or is fled and cannot be found , or in the judgment of the justice . justices , or chief magistrate before whom he shall be convicted , shall be thought unable to pay the same ; the said justice , justices , or chief magistrate respectively are hereby impowred and required to levy the same by warrant as aforesaid , upon the goods and chattels of any such persons who shall be present at the same conventicle ; any thing in this or any other . act law or statute to the contrary notwithstanding . and the money so levied , to be disposed of in manner aforesaid : and if such offendor so convicted as aforesaid , shall at any time again commit the like offence or offences , contrary to this act , and be thereof convicted in manner aforesaid , then such offendor convicted of such like offence or offences , shall for every such offence incurr the penalty of 40 l. to be levied and disposed as aforesaid . 4. and be it further enacted by the authority aforesaid , that every person who shall wittingly and willingly suffer any such conventicle , meeting or unlawful assembly aforesaid , to be held in his or her house , outhouse , barn , yard or backside , and be convicted thereof in manner aforesaid , shall forseit the sum of 20 l. to be levied in manner aforesaid upon his or her goods and chattels ; or in case of his or her povetry or inability as aforesaid upon the goods and chattels of such persous who shall be convicted in manner aforesaid of being present at the same conventicle , and the money so levied to be disposed of in manner aforesaid . 5. provided always , and be it enacted by the authority aforesaid , that no person shall by any clause of this act , be liable to pay above 10 l. for any one meeting in regard of the poverty of any other person or persons . 6. provided also , and be it further enacted , that in all cases of this act where the penalty or sum charged upon any offender exceed the sum of 10 s. and such offender shall find himself agrieved , it shall and may be lawfull for him within one week after the said penalty or money charged shall be paid or levied , to appeals in writing from the person or persons convicted to the judgment of the justices of the peace in their next quarter sessions , to whom the justice or justices of peace chief magistrate or alderman that first convicted such offendor , shall return the money levied upon the appellant , and shall certifie under his and their hands and seals , the evidence upon which the conviction past , with the whole record thereof and the said appeal ; whereupon such offendor may plead and make defence , and have his tryal by a jury thereupon . and in cafe such appellant shall not prosecute with effect ; or if upon such tryal he shall not be acquitted , or judgment pass not for him upon his said appeal , the said justices at the sessions shall give treble costs again such offendor for his unjust appeal ; and no other court whatsoever shall intermedle with any cause or causes of appeal upon this act , but they shall be finally determined in the quarter sessions only . 7. provided always , and be it further enacted , that upon the delivery of such appeal as aforesaid , the person or persons appellant shall enter before the person or persons convicting into a recognizance to present the said appeal with effect , which said recognizance the person or persons convicting is hereby impowred to take , and required to certifie the same to the next quarter sessions ; and in case no such recognizance be entred into , the said appeal to be null and void . 8. provided always , that every such appeal shall be left with the person or persons so convicting as aforesaid , at the time of the making thereof . 9. and be it further enacted by the authority aforesaid , that the justice , justices of the peace , and chief magistrate respectively , or the respective constables , head-boroughs , and tything men , by warrant from the said justice , justices , or chief magistrate respectively , shall and may with what aid , force and assistance they shall think fit , for the better execution of this act , after refusal or denyal to enter , break open and enter into any house , or other place , where they shall be informed any such conventicle as aforesaid , is or shall be held , as well within liberties as without , and take into their custody the persons there unlawfully assembled , to the intent they may be proceeded against according to this act. and that the lieutenants or deputy-licutenants or any commissionated officer of the militia , or other of his majesties forces with such troops or companies of horse and foot , and also the sheriffs and other magistrates and ministers of justice , or any of them , jointly or severally within any the counties or places within this kingdom of england , dominion of wales or town of barwick upon tweed , with such other assistance made to them respectively under the hand and seal of any one justice of peace , or chief magistrate of his particular information or knowledg of such unlawful meeting or conventicle held , or to be held in their respective counties or places , and that he with such assistance as he can get together , is not able to suppress and dissolve the same , shall and may and are hereby required and enjoyned to repair unto the place where they are so held , or to be held , and by the best means they can to dissolve , dissipate or prevent all such unlawful meetings , and take into their custody , such and so many of the said persons so unlawfully assembled as they shall think fit , to the intent they may be proceeded against according to this act. 10. provided always , that no dwelling house of any peer of this realm where he or his wife shall then be resident , shall be searched by virtue of this act , but by immediate warrant from his majessiy under his sign manual , or in the presence of the lieutenant , or one deputy-lieutenant or two justices of the peace , whereof one to be of the quorum of the same county or riding . 11. and be it further enacted by the authority aforesaid , that if any constable , headborough , tythingman , church-wardon , or overfeer of the poor , who shall know ●r be credibly informed of any such meetings or conventicles , held within his precincts , parishes or limits , and shall not give information thereof to some justice of the peace , or the chief magistrate , and endeavour the conviction of the parties , according to his duty , but such constable , headborough , tythingman , churchwarden , overseers of the poor or any person lawfully called in aid of the constable , headborough , or tything-man shall wilfully and wittingly omit the performance of his duty in the execution of this act , and be thereof convicted in manner aforesaid , he shall forfeit for every such offence the sum of 5 l. to be levied upon his goods and chattels , and disposed in manner aforesaid . and that if any justice of the peace or chief magistrate shall wilfully and wittingly omit the performance of his duty in the execution of this act , he shall forfeit the sum of 100 l. the one moiety to the use of the informer to be recovered by action , suit , bill , or plaint in any of his majesties courts at westminster , wherein no essoin , protection , or wager of law shall lie . 12 , and be it further enacted by the authority aforesaid , that if any person be at any time sued for putting in execution any of the power contained in this act , otherwise than upon appeal allowed by this act , such person shall and may plead the general issue and give the special matter in evidence : and if the plaintiff be nonsuit , or a vordict pass for the defendant , or if the plaintiff discontinue his action , or if upon demur judgment be given for the desendant , every such desendant shall have his full treble costs . 13. and be it further enacted by the authority aforesaid , that this act and all clauses therein contained , shall be construed most largely and beneficially for the suppressing of conventicles , and for the justification and encouragement of all persons to be employed in the execution thereof : and that no record , warrant , or mittimus to be made by vertue of this act or any proceedings thereupon shall be reversed , avoided , or any way impeached by reason of any default in form . and in case any person offending against this act shall be an inhabitant in any other county or corporation , or flie into any other county or corporation after the offence committed , the justice of peace or chief magistrate before whom he shall be convicted , as aforesaid , shall certifie the same under his hand and seal to any justice of peace or chief magistrate of such county or corporation wherein the said person or persons are inhabitants , or are fled into ; which said justice or chief magistrate respectively is hereby authorized and required to levy the penalty or penalties in this act mentioned , upon the goods and chattels of such person or persons , as fully as the said other justice of peace might have done in case he or they had been inhabitants in the place wlfere the offence was committed . 14. provided also , that no person shall be punished for any offence against this act , unless such offender be profecuted for the same within three months after the offence committed ; and that no person who shall be punished for any offence by vertue of this act , shall be punished for the same offence by vertue of any other act or law whatsoever . 15. provided , and be it further enacted by the authority aforesaid , that every alderman of london , for the time being , within the city of london and the liberties thereof , shall have ( and they and every of them are hereby impowered and required to execute ) the fame power and authority within london and the liberties thereof for the examining , convicting , and punishing of all offences within this act , committed within london and the liberties thereof , which any justice of peace hath by this act in any county of england ; and shall be subject to the same penalties and punishments for not doing that which by this act is directed to be done by any justice of peace in any county of england . 16. provided , and be it enacted by the authority aforesaid , that if the person offending and convicted as aforesaid be a feme-covert cohabiting with her husband , the penalty of 5 s. or 10 s. so as aforesaid incurred , shall be levied by warrant as aforesaid , upon the goods and chattels of the husband of such feme-covert . 17. provided also . that no peer of this realm shall be attached or imprisoned by vertue or force of this act , any thing , matter , or clause therein to the contrary notwithstanding . 18. provided also , that neither this act nor any thing therein contained , shall extend to invalidate or avoid his majesties supremacy in ecclesiastical affairs ; but that his majesty and his heirs and successors , may from time to time , and at all times hereafter , exercise and enjoy all powers and authority in ecclesiastical affairs as fully and as amply as himself or any of his predecessors have or might have done the same , any thing in this act notwithstanding . finis . a postscript touching prosecutions in the ecclesiastical courts . having thus done with the temporal prosecutions , it may not be amiss to add a word concerning the spiritual persecutions now on foot , by citations and excommunications , not only to the great perplexity and trouble , but to the great expence of the people . in reference to which , men are to consider whether the present ecclesiastical severity be according to law or no : for what ever is done to disturb the quiet and repose of particular subjects , contrary to law , is down right oppression . that the exercise of the punishments of excommunication and an anathema is allowable against obdurate hereticks and schismaticks , is apparent from scripture ; and the same scriptute directs both by whom , how , and upon whom these sentences ought to be pronounced . on the other side , as there is no part of scripture that erects any ecclesiastical courts of judicature , or warrants the formal processes of citations , pleas and answers , or the extravagant fees of proctors , apparitors and promooters ; so it appears , that since the reformation , they have been abrogated by the law of the land , as being look'd upon meerly to be the effects of popish usurpation : for episcopal authority consists not so much in keeping courts , as in a true inspection and care over the flock of christ ; the weapons of their authory are only admonition and reprehension , and then excommunication comes of course , a more regular aud apostolick way , than by processes and citations as to all other jurisdiction comprehending force and compulsion , it is vested solely in the king , who is by all true protestants accounted the defender of the faith , and the supream head of the church . the law it self runs thus . and whereas the arch-bishops , and bishops , and other spiritual persons in this realm , do use to make and send out their summons , citations and other processes , in their own names , and in such form and manner as was used in the time of the usurped power of the bishop of rome , contrary to the form and order of the summons and process of the common law used in this realm ( seeing that all authority of jurisdiction , spiritual and temporal , is derived and deducted from the kings majesty as supreme head of these churches , and realms of england and ireland , so justly acknowledged by the clergy of the said realm , that all courts ecclesiastical within the said two realms ) be kept by no other power or authority , either forreign or within the realm , but by the authority of his most excellent majesty . be it therefore further enacted by the authority aforesaid , that all summons and citations , or other process ecclesiastical , in all suits and causes of instance betwixt party and party , and all causes of correction , and all causes of bastardy or bigamy , or enquiry , de jure patronatus , probates of testaments , and commissions of administartions of persons deceased , and all acquittances of , and upon account made by the executor , administrators , or collectors of goods of any dead person , be from the first day of july next following , made in the name , and with the style of the king , as it is in writs original or judicial at the common law : and that the test thereof be in the name of the arch-bishop or bishop , or other , having excclesiastical jurisdiction , who hath the commission and grant of the authority ecclesiastical immediately from the kings highness , and that his commissary , official or substitute , exercising jurisdiction under him , shall put his name in the citation or process , after the test . further be it enacted by the authority aforesaid , that all manner of person or persons , who have the exercise of ecclesiastical jurisdiction , shall have from the first day of july before expressed , in their seals of office , the kings highness arms decently set , with certain characters under the arms , for the knowledge of the diocess , and shall use no other seal of jurisdiction , but where his mejesties arms be ingraven , upon pain , that if any person shall use ecclesiastical jurisdiction ( after the day before expressed ) in this realm of england , wales , or other his dominions or territories , and not send or make out the citation of process in the kings name , or use any seal of jurisdiction other than before limited ; that every such offender shall incur , and run in the kings majesties displeasure and indignation , and suffer imprisonment at his higness will and pleasure . provided that no more , nor other fees be taken or paid for the seal and writing of any citations or other process than was heretofore accustomed . which being true , what power the bishops have to hold their spiritual courts , and send out process in their own names , and to make citations and executions of judgements under their own seals , is an enquiry not improper for them that believed themselves wronged . this act is said to have been repeal'd by the 1. and 2. of philip , and mary , c. 8. though no mention be made of it among the repeal'd acts of that time . however , though it were , it was again reviv'd by the 1. of eliz. c. 1. in these words , most humbly beseech your most excellent majesty , your faithful and obedient subjects , the lords spiritual and temporal , and the commons in this your present parliament assembled , that where in the time of the reign of your most dear father of worthy memory , king henry the 8th . divers good laws and statutes were made and established , as well for the utter extinguishment and putting away of all usurped and forreign powers and authorities out of this your realm , and other your highness dominions and countries , as also for the restoring and uniting to the imperial crown of this realm , the ancient jurisdictions , authorities , superiorities and preheminencies to the same of right belonging and appertaining , by reason whereof , we your most humble and obedient subjects , from the five and twentieth year of the reign of your said dear father , were continually kept in good order , and were disburdened of divers great and intollerable charges and exactions before that time unlawfully taken and exacted by such forreign power and authority as before that was usurped , until such time as all the said good laws and statutes , by one act of parliament made in the first and second years of the reigns of the late king philip , and queen mary your highness sister , intituled an act repealing all statues , articles and provisions made against the see apostolick of rome , since the twentieth year of king henry the eight ; and also for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity , were all clearly repealed and made void , as by the same act of repeal more at large doth and may appear ; by reason of which act of repeal , your said humble subjects were eftsoons brought under an usurped forreign power and authority , and yet do remain in that bondage , to the intollerable charges of your loving subjects , if some redress ( by authority of this your high court of parliament , with the assent of your highness ) be not had and provided . may it therefore please your highness , for the repressing of the said usurped forreign power , and the restoring of the rites , jurisdictions and preheminencies appertaining to the imperial crown of this your realm , that it may be enacted by authority of this present parliament , that the said act. made in the first and second years of the reign of the said late king philip and queen mary , and all and every branches , clauses and articles therein contained ( other than such branches , clauses and sentences , as hereafter shall be excepted ) may from the last day of this session of parliament , by authority of this present parliament , be repealed , and shall from thenceforth be utterly void and of none effect . and to the intent that all usurped and forreign power and authority spiritual and temporal , may for ever be clearly extinguished , and never be used or obeyed within this realm , or any other your majesties dominions or countries , may it please your highness that it may be further enacted by the authority aforesaid , that no forreign prince , person , prelate , state or potentate , spiritual or temporal , shall at any time after the last day of this session of parliament , use , enjoy or exercise any manner of power , jurisdiction , superiority , authority , preheminence , or priviledg spiritual or ecclesiastical , within this realm , or within any other your majesties dominions or countries that now be , or hereafter shall be , but from thenceforth the same shall be clearly abolished out of this realm , and all other your highness dominions for ever ; any statute , ordinance , custom , constitutions , or any other matter or cause whatsoever to the contrary in any wise notwithstanding . and that also it may please your highness that it may be established and enacted by the authority aforesaid , that such jurisdictions , priviledges , superiorities and preheminencies spiritual and ecclesiastical , as by any spiritual or ecclesiastical power or authority hath heretofore been , or may lawfully be exercised or used for the visitation of the ecclesiastical state and persons , and for reformation , order and correction of the same and of all manner of errors , heresies , scismes , abuses , offences , contempts and enormities , shall for ever , by authority of this present parliament , be united and annexed to the imperial crown of this realm . and that your highness , your heirs and successors , kings or queens of this realm , shall have full power and authority by vertue of this act , by letters patents under the great seal of england , to assign , name and authorize , when , and as often as your highness , your heirs or successors shall think meet and convenient , and for such and so long time as shall please your highness , your heirs or successors , such person or persons being natural born subjects to your highness your heirs and successors , as your majesty , your heirs or successors shall think meet to exercise , use , occupy , and execute under your highness , your heirs and successors , all manner of jurisdictions , priviledges , and preheminencies in any wise touching or concerning any spiritual or ecclesiastical jurisdiction within these your realms of england and ireland , or any other your highness dominions and countries , and to visit , reform , redress , order , correct and amend all such errors , heresies , schismes , abuses , offences , contempts and enormities whatsoever , which by any manner of spiritual or ecclesiastical power , authority or jurisdiction , can , or may lawfully be reformed , ordered , redressed , corrected , restrained , or amended to the pleasure of almighty god , the increase of vertue , and the conservation of the peace and unity of this realm . and that such person or persons so to be named , assigned , authorised and appointed by your highness , your heirs or successors , after the said letters patents to him or them made and delivered , as is aforesaid , shall have full power and authority , by vertue of this act and of the said letters patents under your highness , your heirs 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 in any wise notwithstanding . by which branches of this statute , it seems to be most demonstrable , that all manner of jurisdiction in causes spiritual and ecclesiastical is invested in the crown , and that no spiritual courts may be holden , but by the kings commission . lastly , by the 16. car. primi , the very branch of the statute for granting commissions is also repealed , which left the ecclesiastical courts no power at all . seeing then that all power both temporal and ecclesiastical is vested in the king , it seems to be a high point of disobedience , for subjects to hold courts of judicature to disturb and punish the kings liege people , without any legal authority . from whence may arise these few short quaeries . qu. 1. whither it be not proper for the persons cited , to demand the sight and hearing of the commission , by which the judges claim their jurisdiction ? 1st . for their own safety ? 2dly , in point of loyalty to the king ? 3dly , as being obliged by the oath of supremacy to renounce ●●l forreign jurisdictions ? qu. 2. supposing the said judges produce no authority from the king , yet proceed to excommunication , whether the said excommunication be not void ? qu. 3. whether the said judges be not indictable upon a pramunire ? or liable to an action , as counsel shall direct ? for what remains , the parties concerned may take their measures as they find most necessary for self preservation , from mr. cary's true guide for all persons concern'd in ecclesiastick courts . finis . notes, typically marginal, from the original text notes for div a33959-e540 rast . stat. vol. 2. c. 1. fo . 397. this parliament began the 19 of february , in the 35th of the queen , and was dissolved the 10th of april following . abjure . the form of the submission . 39 eliz. c. 18. 43. eliz. c. 9. sect. 18. sect. 27. king james began his reign anno 1602 march the 24th . 1. jacobi . ca. 25. sect. 13. and 24. sessio . 2. 3. jacob. 3. session . 4. jacobi . 4. session . 7 jacobi . huttons rep. fol. 61. resolutions upon the statute of 35 eliz. c. 1. concerning sectaries . what shall be said a session of parliament . this statute was anno 18 jacobi , and printed , but is not in any of the statute books . saint-john versus saint-john . 21 jac. c. 28 58 statutes in this act revived and continued . 1 car. 1. cap. 7. this session of parliament ( by reason of the increase of the sickness and other inconveniences of the season requiring a speedy adjournment nevertheless ) shall not determine by his majesties royal assent to this & some other acts. 3 car. 1. cap. 4. sect. 21. sect. 22. * in his history of the life and death of the 35. eliz. c. 1. an. 16. car. 1. cap. 4. an. 16. car. 2. this 35. eliz. c. 1. was continued , but that act ( it seems ) is since expired . keeble st● . fo . 1293. c. 4. 35. eliz. c. 1. declared to be in force . statutes are of two sorts . those that are introductory of a new , and those that are declaratory of an old law. further remedy against seditious sectaries . unlawful conventicles and meetings under pretence of exercise of religion forbidden . the punishment and manner of proceeding against them for the first offence . second offence . third offence . how seditious sectaries being convicted may be transported . how the offend●r 〈…〉 discharged ●p●n payment of ●f 〈◊〉 p●und punish 〈◊〉 of offend●rs 〈◊〉 the t●ird offence how the s●id penalty of 〈◊〉 po●●d shall be dispos●d . pers●n sued f●r exec●ting this act may plead the gene●●ral issue ▪ a●d recover ●reble c●sts . felony to esc●pe after convictim , or to ret●rn after transportation . seditious and tum●ltuous mettings and conve●ticles . the penalty of suffering conventieles in private houses . goalers may not let prisoners committed upon this act to go at large . the penalty . within what time offend●rs must be pr●s●cuted . married women how to be punished . how justices of the peace may enter into houses suspected for conventicles . the houses of peers . what persons may not be commited to the house of correction . persons served with process refusing to take au oath . 14. c. 2. ca. how such persons may be acquited . peers offending how to be proceeded against the continuance of this act keeble st. a. 12. car 2. c. 1. fol. 1. 61. the preamble 16 car. 2. c. 4. conventicles ▪ &c. forbidden after the tenth of may 1670. how the offendors must be convicted . the penalty for the first offence . the record and conviction to be returned to the next quarter sessions the penalty for the second offence the penalti●s how to be levied . constablet , & c. to levy the same and pay it to ●he justice immediately . how the penalties are to be devided . certificate into the exchequer the penalty of such as preach or teach in a conventicle how to be levied and disp●sed . the forfeit re of such as suffer conventicles i● their houses . prov●so . appe●●s way be and to whom and in wh●t cases . appellant to enter into a rec●gniza●ce . justices of peace c●●stab●es , &c 〈◊〉 refusal , may break upon do●rs . lieutenants , & deputy lieutenan●s , and 〈◊〉 officers ●f the mili●ia , ●ust . disperse conventicles either with horse or foot. proviso for peers of the realm . the penalty of all justices of peace , constables and oth●r officers civil a●d military , that omit their duty in p●rfor●i●g this act. all persons inde●pri●ied that put this act in execution . this act to be interpreted ●ost beneficially for the suppressing conventicles . offe●d●rs to be pr●secuted within three months after the offence . aldermen within london have the same power there , as justices of peace elsewhere . feme-covert . peers of the realm . proviso f●r the kings supremacy . notes for div a33959-e12320 sect. 1. sect. 2. sect. 16. sect. 17. sect. 18. interest deposed, and truth restored, or, a word in season, delivered in two sermons the first at st. maryes in oxford, on the 24th of july, 1659, being the time of the assizes : as also of the fears and groans of the nation in the threatned, and expected ruin of the lawes, ministry, and universityes : the other preached lately before the honourable societie of lincolns-inn / by robert south ... south, robert, 1634-1716. 1660 approx. 125 kb of xml-encoded text transcribed from 31 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-09 (eebo-tcp phase 1). a60942 wing s4733 estc r4025 12085055 ocm 12085055 53698 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a60942) transcribed from: (early english books online ; image set 53698) images scanned from microfilm: (early english books, 1641-1700 ; 580:15) interest deposed, and truth restored, or, a word in season, delivered in two sermons the first at st. maryes in oxford, on the 24th of july, 1659, being the time of the assizes : as also of the fears and groans of the nation in the threatned, and expected ruin of the lawes, ministry, and universityes : the other preached lately before the honourable societie of lincolns-inn / by robert south ... south, robert, 1634-1716. south, robert, 1634-1716. ecclesiasticall policy the best policy. [12], 20, [2], 24 p. printed by a.l. for tho. robinson, oxford [oxfordshire] : 1660. added t.p. and separate paging ([2], 24 p.): ecclesiasticall policy the best policy, or, religion, the best reason of state. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every 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as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bible. -n.t. -matthew x, 33 -sermons. bible. -o.t. -kings, 1st, xiii, 33-34 -sermons. sermons, english -17th century. ecclesiastical law -england. 2003-01 tcp assigned for keying and markup 2003-02 spi global keyed and coded from proquest page images 2003-06 judith siefring sampled and proofread 2003-06 judith siefring text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion interest deposed , and truth restored . or , a word in season , delivered in two sermons : the first at st. maryes in oxford , on the 24th of iuly , 1659. being the time of the assizes : as also of the fears and groans of the nation in the threatned , and expected ruin of the laws , ministery , and vniversityes . the other preached lately before the honourable societie of lincolns-inn . by robert sovth , mr. of arts , and student of christ-church . oxford , printed by a.l. for tho. robinson , 1660. to the right worshipfull edward atkins , serjeant at law , and formerly one of the justices of the common-pleas . honoured sir , though at first it was free , and in my choice , whether or no i should publish these discourses , yet the publication being once resolved , the dedication was not so indifferent ; the nature of the subject , no less than the obligations of the author , styling them in a peculiar manner yours : for since their drift is to carry the most endangered , and endangering truth , above the safest , when sinfull , interest ; as a practice upon grounds of reason the most generous , and of christianity the most religious ; to whom rather should this assertion repaire as to a patron , than to him whom it has for an instance ? who in a case of eminent competition choose duty before interest , and when the judge grew inconsistent with the justice , preferred rather to be constant to sure principles , than to an unconstant government : and to retreat to an innocent , and honourable privacy , than to sit and act inquity by a law ; and make your age and conscience , ( the one venerable , the other sacred ) drudges to the tyranny of fanatick , perjured usurpers . the next attempt of this discourse , is a defence of the minstery , and that at such a time when none owned them upon the bench ( for then you had quitted it ) but when on the contrary we lived to hear one in the very face of the university , as it were in defiance of us and our profession , openly in his charge defend the quakers and fanaticks , persons not fit to be nam'd in such courts , but in an indictment . but , sir , in the instructions i here presumed to give to others , concerning what they should doe , you may take a narrative of what you have done : what respected their actions as a rule or admonition , applyed to yours is onely a rehearsall . whose zeal in asserting the ministeriall cause is so generally known , so gratefully acknowledged , that i dare affirme , that in what i deliver , you read the words indeed of one , but the thanks of all. vvhich affectionate concernment of yours for them , seems to argue a spirituall sence , and experimentall tast of their vvorks , and that you have reaped as much from their labours , as others have done from their lands : for to me it seemed alwaies strange , and next to impossible , that a man converted by the word preached , should ever hate and persecute a preacher . and since you have severall times in discourse declared your self for that government in the church , that is founded upon scripture , reason , apostolicall practice and antiquity , and ( we are sure ) the only one that can consist with the present government of state , i thought the latter discourse also might fitly addresse it selfe to you , in the which you may read your judgement , as in the other your practice . and now since it has pleased providence , at length to turn our captivity , and answer persecuted patience with the unexpected returns of settlement ; to remove our rulers , and restore our ruler ; and not onely to make our exactors righteousnesse , but , what is better , to give us righteousnesse instead of exaction , and hopes of religion to a church worried with reformation ; i believe upon due and impartiall reflexion on what is past , you now find no cause to repent , that you never dipt your hands in the bloody high courts of iustice , properly so called onely by antiphrasis ; nor ever prostituted the scarlet robe to those employments , in which you must have worne the colour of your sinne in the badge of your office. but notwithstanding all the enticements of a prosperous villany , abhorred the purchase , when the price was blood. so that now being priviledged by an happy unconcernment in those legall murders , you may take a sweeter relish of your own innocence , by beholding the misery of others guilt , who being guilty before god , and infamous before men , obnoxious to both , begin to find the first fruit of their sinne in the universal scorn of all , their apparent danger , and unlikely remedy : which beginnings being at length consummated by the hand of justice , the cry of blood and sacriledge will cease , mens doubts will be satisfied , and providence absolved . and thus , sir , having presumed to honour my first essayes in divinity , by prefixing to them a name , to which divines are so much obliged . i should here in the close of this addresse , contribute a wish at least to your happynesse : but since we desire it not yet in another vvorld , and your enjoyments in this ( according to the standard of a christian desire ) are so compleat , that they require no addition , i shall turn my vvishes into gratulations , and congratulating their fulnesse , onely wish their continuance : praying , that you may still possesse , what you possesse ; and doe what you doe ; that is , reflect upon a clear , unblotted , acquitting conscience , and feed upon the ineffable comforts of the memoriall of a conquered temptation ; without the danger of returning to the tryall . and this ( sir ) i account the greatest felicity that you can enjoy , and therefore the greatest that he can desire , who is yours in all observance , ro. sovth . ch. ch. the 25th . of may , 1660. a preface to the reader . that being conscious to my self of having in discourse so often condemned the scribling of the present age , i should yet now own it by my practise ; especially in that sort of writing in which severall have gone before me , whom it is no glory to come behind , i find a necessity of bespeaking the readers acceptance with excuse , which yet i trust i shall not manage so , as to make it onely matter for another , but present him with reason , as well as apology . and first for the publication of these two discourses the one preached in the time of our feares , the other of our hopes , and now both comming forth in the beginning of our fruition , i shall not plead their having passed the test and approbation of two of the most iudicious and learned auditories in the nation , as supposing that was rather for the seasonablenesse of the truth , than any elegance of the composure , and more for the venture than the performance : yet from whatsoever cause it came , i shall not vouch it as a reason of the publication , since the same persons may applaud the same thing from the pulpit , that they shall afterwards hisse coming from the presse ; as could be easily instanced in the forlorne works of some vnfortunate divines : but much lesse was it the insolent , imprudent itch of appearing in publick , that induced me to this , as being confident that these discourses , had more hearers than they are like to finde readers ; so that my present attempt may be rather termed an edition than a publication . but least of all shall i plead the importunity of freinds , that stale pretence for publishing so many scribles ; such as being by much importunity brought to the press , need a greater to bring them to perusall . but because a sordid , complying spirit has been often charged upon the vniversity , and ( we must confesse ) a spice of it has appeared in many amongst us , who have fouled , as well as disturbed these fountains ; i thought good to let our detractors understand , that in the very depth of sectarian barbarisme , when the professed enemies of the church were the only favourites of the state , and the very pillars of it , the vniversities and ministers were falling , there has been some , who durst assert a truth , though to the visible danger of their present enjoyments , and the utter extinction of their future hopes ; and for so desperate a service the most inconsiderable person was the fittest , whose successe would have equally been an advantage , and whose ruin no losse . nor can i deny but that i was desirous to clear my self from the underserved surmises , that some ( whose good esteem i have cause to value ) have had of me ; as if the injurious favours of some had not onely courted , but wonne me to a servile compliance , which i alwaies abhorred : but such was my fate , that some while they were in power injured me by persecution , when declining , by their favour . the vindication also of some things here delivered was no small inducement to a publication : for notwithstanding the forementioned acceptance these discourses found , yet the former was attached by some severe reprehenders , who according to the canting dialect of wallingford house ( which forty years ago would not have been understood , neither will it forty years hence ) charged it as full of much wrath and darknesse ; but it seemes it was such darknesse as the tyrannizing egyptians began to feele ; and i am sure no more wrath then was deserved , and therefore very well bestowed . however , providence has encouraged it to see the light , while some of its reprehenders sit in darknesse . yet since by warrant from the spirit it self , we may be angry , and sinne not , the sharpnesse of a reprehension is to be ascribed to the nature of the thing that merits , not to the temper of him that delivers it . and since it has pleased god to unshackle men from engagements , visitations , and the awe of vsurpers , it is not to be expected , that perjury , blood , and sacriledge , can be any longer gospellized into acts of piety , or high strains of evangelicall perfection , because indeed they goe much beyond the command . yet that person , the late oppressor of this nation , and the known father of enthusiasts , in whom those three perfections eminently concurred , and who , we confesse is glanced upon in what follows , even him i have heard commended , as one , who notwithstanding those forementioned infirmities ( so called i conceive , because they were the matter of his dayly temptations ) yet as to the main was truly pious , and to use his encomiasts very expression , had great communion with god. i suppose in the same sence , that the faithful , innocent , and devout , hold communion with the devill . wherefore if by wrath was meant a free ( though at that time dangerous ) animadversion upon such spots of christianity , we own the charge , and readily confesse , that the ensuing discourse was not calculated for the soothing of galled consciences , but really intended to gall them more ; and professedly designed to reprove avarice , oppression , pious fraudes , blasphemies , and perjuries , waies not heretofore known of holding communion with god. and as for personall reflexions , i know none such spoken , but made such by being applyed : and if some proceeded to application before i did , and from their consciousnesse inferred their concernment , the over-ruling sentence of a guilty conscience placing them under the dint of any of these reproofs , i am not he that either can , or would absolve them : for , as i have often said , either they are not guilty , and so they are not concerned in them , or guilty , and so they deserve them . but whereas it has been further objected , that i proposed many doubts , which i left unanswered ; i am sorry , that it was a fault , to think so honourably of my auditory , as to esteem it needlesse : but it is not in my power to inform some mens ignorance , nor my desire to gratifie their humour : and whether this plea proceeds from a tender conscience , or a tender head , i am not much concerned , but acquiesce fully in this , that for the objections , those that were learned , could hear and answer them ; those that were not , could not apprehend them , both therefore equally without danger . and whereas i do not now at least in the printing them , adde their solutions ; i answer , that in regard i professe to publish the sermon i then preached , i should not verify my word , should i by such additions make it another . having given an account of my design in the former discourse , and wiped off the censures that for some time have stuck upon it , i shall endeavour to prepare the reader for a fair understanding of the second , which being preached before many of the most considerable members of the house of commons , had an auditory suitable to its design . for in as much as an erastian antiministeriall spirit has for many years acted most of the nation , who would command the service , without submitting to the discipline of the ministers ; and since arguments from piety or scripture work little upon most of them , i thought it the best service that could be done to the ecclesiasticall cause , to make it appear that even a politick consideration would perswade that , which was commanded upon a spiritual : by shewing how religion is that alone that holds together the whole frame of government ; it being upheld it self by the encouragement , and honour of the clergy . so that whereas i enforce it chiefly by arguments drawn from civill concernments , i would have none offended , since my intent is limited here , only to this respect , it being an argument ad hominem ; not the onely one that the the subject would afford , but that which was the most likely to reach the temper of the times . and if i infer the necessity of religion , and an honourable clergy from the exigence of the civil interest , i suppose the necessity of it from gods command , and from the salvation of mens soules , is unquestionable : wherefore i shall take the boldnesse to entreat those who shall think it worthy their reading , before they censure , to vouchsafe it at least an attentive perusal , in as much as it presents to them some truths , i think not often observed , i am sure , not usually delivered . for my own part , i cannot conceive how religion can stand without a ministery , nor the ministery without its two essential props , iurisdiction and respect . it is the old , sly , and undermining plea , that ministers ought only to procure respect by their learning , and laborious , vpright life ; other advantages belong not to them . but to answer this ; besides , that late experience proves , that the most pious , and the most learned , have been the most persecuted and contemned , it is irrationall to think , that men ever yet made their duty the measure of their practice . and howsoever all ought , yet there are but very few who reverence ministers for those qualifications ; but still those that do not , must be governed , or the church ruined : therefore the assistance of secular supports must be taken in . most therefore will confess church government necessary , though they deny that necessity to any determinate kind . but since church government in generall sequestred from its severall kinds , is a meer idea , i am apt to think that the determination of it was commanded together with the thing it self . and since only particular , not vniversal natures fall under practice , in as much as the apostles did actually govern the church , it must needs be , that it was by a certain determinate kind of government : and then considering the infallible apostolick spirit by which they were acted , i conceive their practice and example was a virtual command : especially when the reason and grounds of it continue still the same . what that practice was , though there are many not obscure traces of it in scripture , yet i desire to gather it from the general practise of the church successively continued from their times : the most rationall guide where the scripture is silent , and the best comment where it is obscure . and upon this rule and ground , i hold it more reasonable to erre , than upon fanatick principles to stumble upon the truth . having thus shown my intent in these sermons , and also the rule , to the guidance of which i intend to resign my self , in whatsoever god shall hereafter call me either to speak or act as a minister , i shall venture these meditations into the world. what reception they may find i am ignorant , but not sollicitous . but sure , of all persons , ministers , scholars , and especially those of the vniversities , have little cause to censure , or reprehend me , who have freely ventured the whole of my small advantages from them , in asserting them in a day of the blackest danger and rebuke , that i trust will ever befall the church . however , i value not the taunts , the murmurs of any : i have learned by bearing , to contemn them . frequent endurance has bred an apathy . but whatsoever men shall mutter , rail , or declaim against these writings , either out of a dislike of the subject here treated of , or a personal hatred of my self ; yet in this i rest satisfied , and assured , that the truth here spoken of , will stand , whatsoever becomes of him , that spoke it . math. 10.33 . but whosoever shall deny me before men , him will i deny before my father which is in heaven . as the great comprehensive gospel duty is the denyal of self , so the grand gospel sin that confronts it , is the denyal of christ. these two are both the commanding and the dividing principles of all our actions : for whosoever acts in opposition to one , it is alwaies in behalf of the other . none ever opposed christ , but it was to gratifie self : none ever renounced the interest of self , but from a prevailing love to the interest of christ. the subject i have here pitched upon , may seem improper in these times , and in this place , where the number of professors , and of men is the same ; where the cause and interest of christ has been so cryed up ; and christs personall reign and kingdome so called for , and expected . but since it has been still preached up , but acted down ; and dealt with , as the eagle in the fable did with the oyster , carrying it up on high , that by letting it fall he might dash it in peices : i say , since christ must reign , but his truths be made to serve . i suppose it is but reason , to distinguish between profession and pretence ; and to conclude , that mens present crying , haile king , and bending the knee to christ , are onely in order to his future crucifixion . for the discovery of the sence of the words , i shall enquire into their occasion . from the very beginning of the chapter wee have christ consulting the propagation of the gospel ; and in order to it ( being the onely way that he knew to effect it ) sending forth a ministery ; and giving them a commission , together with instructions for the execution of it . he would have them fully acquainted with the nature and extent of their office ; and so he joynes commission with instruction ; by one he conveighs power , by the other knowledge . supposing ( i conceive ) that upon such an undertaking , the more learned his ministers were , they would prove never the less faithfull . and thus having fitted them , and stript them of all manner of defence , v. 9. he sends them forth amongst wolves : a hard expedition , you will say , to go amongst wolves ; but yet much harder to convert them into sheep ; and no less hard even to discerne some of them , possibly being under sheeps cloathing ; and so by the advantage of that dress , sooner felt than discovered : and probably also such as had both the properties of wolves , that is , they could whine and howle , as well as bite and devoure . but that they might not goe altogether naked amongst their enemies , the onely armour that christ allows them , it is prudence and innocence ; be ye wise as serpents , but harmlesse as doves , v. 16. weapons not at all offensive , yet most suitable to their warfare , whose greatest encounters were to be exhortations , and whose only conquest , escape . innocence it is the best caution , and we may unite the expression , to be wise as a serpent , is to be harmless as a dove . innocence , it is like polish'd armour , it adorns , and it defends . in summe , he tells them , that the opposition they should meet with , was the greatest imaginable , from the 16. to the 26. v. but in the ensuing verses he promises them an equall proportion of assistance ; which if it was not argument of force enough to out-weigh the fore-mentioned discouragements , he casts into the balance , the promise of a reward to such as should execute , and of punishment to such as should neglect their commission : the reward in the former verse , whosoever shall confesse me before men , &c. the punishment in this , but whosoever shall deny . &c. as if by way of preoccupation he should have said , well : here you see your commission , this is your duty , these are your discouragements : never seek for shifts and evasions from worldly afflictions ; this is your reward if you perform it , this is your doome if you decline it . as for the explication of the words they are clear and easie ; and their originals in the greek are of single signification , without any ambiguity ; and therefore i shall not trouble you , by proposing how they run in this , or in that edition : or straining for an interpretation where there is no difficultie , or a distinction where there is no difference . the onely exposition that j shall give of them , will be to compare them to other parallel scriptures , and peculiarly that in the 8 mark 38. whosoever therefore shall be ashamed of me and my words , in this adulterous and sinfull generation , of him also shall the son of man be ashamed , when he cometh in the glory of his father , with the holy angels . these words are a comment upon my text. 1. what is here in the text called a denying of christ , is there termed a being ashamed of him , that is , in those words the cause is expressed , and here the effect : for therefore we deny a thing , because we are shamed of it , first peter is ashamed of christ , then he denyes him . 2. what is here termed a denying of christ , is there called a being ashamed of christ and his words : christs truths are his second self . and he that offers contempt to a kings letters or edicts , virtually affronts the king ; it strikes his words , but it rebounds upon his person . 3. what is here said before men , is there phrased , in this adulterous and sinfull generation . these words import the hindrances of the duty enioyned , which therefore is here purposely enforced with a non obstante to all opposition . the terme adulterous i conceive may cheifly relate to the jewes who being nationally espoused to god by covenant , every sinne of theirs was in a peculiar manner spirituall adultery . 4. what is here said i will deny him before my father , is there expressed : i will be ashamed of him before my father and his holy angels , that is when he shall come to judgment , when revenging justice shall come in pomp , attended with the glorious retinue of all the host of heaven . in short the sentence pronounced declares the judgment , the solemnity of it , the terror . from the words , we may deduce these observations . 1. we shall find strong motives and temptations from men , to draw us to a deniall of christ. 2. no terrors , or solicitations from men , though never so great can warrant or excuse such a deniall . 3. to deny christs words , is to deny christ. but since these observ●tions are rather implyed then expressed in the words , i shall wave them , and instead of deducing a doctrine , distinct from the words , prosecute the words them selves under this doctrinall paraphrase . whosoever shall deny , dis-owne or be ashamed of either the person or truths of iesus christ for any fear or favour of man ; shall with shame be disowned , and eternally rejected by him at the dreadfull judgment of the great day , the discussion of this shall lye in these things . 1. to shew how many wayes christ and his truths may be denyed , and what is the deniall here cheifly intended . 2. to shew what are the causes that induce men to a deniall of christ and his truths . 3. to shew how farre a man may consult his safety in time of persecution , without denying christ. 4. to shew what is imported in christs denying us before his father in heaven . 5. to apply all to the present occasion . but before i enter upon these i must breifly premise this , that though the text and the doctrine run peremptory and absolute , whosoever denyes christ , shall assuredly be denyed by him : yet still there is a tacit condition in the words supposed , unless repentance intervene . for this and many other scriptures , though as to their formall termes they are absolute , yet as to their sence they are conditionall . god in mercy has so framed , and temper'd his word , that we have for the most part , a reserve of mercy wrap'd up in a curse . and the very first judgment that was pronounced upon fallen man , it was with the allay of a promise . wheresoever we find a curse to the guilty expressed , in the same words mercy to the penitent is still understood . this premised , i come now to discusse the first thing , viz. how many wayes christ and his truths may be denyed , &c. here first in generall i assert , that we may deny him in all those acts that are capable of being morally good or evill : those are the proper scene in which we act our confessions or denialls of him . accordingly therefore all wayes of denying christ , i shall comprise under these three . 1. we may deny him and his truths by an erroneous , hereticall judgment . i know it is doubted whether a bare error in judgment can condemne : but since truths absolutely necessary to salvation , are so clearly revealed , that we cannot erre in them , unless we be notoriously wanting to our selves ; herein the fault of the judgment is resolved into a precedent default in the will : and so the case is put out of doubt . but here it may be replyed , are not truths of absolute and fundamentall necessity , very disputable : as the deity of christ , the trinity of persons ? if they are not in themselves disputable , why are they so much disputed ? indeed i believe if we trace these disputes to their originall cause we shall find , that they never sprung from a reluctancy in reason to embrace them . for this reason it self dictates as most rationall , to assent to any thing though seemingly contrary to reason , if it is revealed by god , and we are certaine of the revelation . these two supposed , these disputes must needs arise only from curiosity and singularity ; and these are the faults of a diseased will. but some will further demand in behalf of these men , whether such as assent to every word in scripture , for so will those that deny the naturall deity of christ and the spirit , can be yet said in doctrinalls to deny christ ? to this i answere , since words abstracted from their proper sense & signification , loose the nature of words , & are only equivocally so called : inasmuch as the persons we speak of , take them thus ; & derive the letter from christ , but the signification from themselves , they cannot be said properly to assent so much as to the words of the scripture . and so their case also is clear . but yet more fully to state the matter , how farre a deniall of christ in beleife and judgment is damnable : we will propose the question . whether those that hold the fundamentalls of faith , may deny christ damnably , in respect of those superstructures and consequences that arise from them ? i answer in breif , by fundamentall truths are understood , 1. either such without the beleif of which we cannot be saved , or , 2. such , the beleif of which is sufficient to save : if the question be proposed of fundamentalls in this latter sence , it containes its own answer ; for he that beleives those truths , the beleif of which is sufficient to save , the disbeleif or deniall of their consequences cannot damne . but what and how many these fundamentalls are , it will then be agreed upon , when all sects , opinions and perswasions doe unite and consent . 2ly . if we speake of fundamentalls in the former sence , as they are only truths without which we cannot be saved : it is manifest that we may believe them , and yet be damned for denying their consequences : for that which is only a condition without which we cannot be saved , is not therefore a cause sufficient to save : much more is required to the latter , then to the former . i conclude therefore , that to deny christ in our judgment , will condemne , and this concernes the learned : christ demands the homage of your understandings : he wil have your reason bend to him , you must put your heads under his feet . and we know that heretofore he who had the leprosy in this part , was to be pronounced utterly unclean . a poysoned reason , an infected judgment is christs greatest enemy . and an error in the judgment , it is like an impo●tume in the head , which is alwayes noysome , and frequently mortall . 2. we may deny christ verbally , and by orall expressions . now our words they are the interpreters of our hearts . the transcripts of the judgment with some further addition of good or evill . he that interprets usually inlarges . what our judgment whispers in secret , these proclaime upon the house top . to deny christ in the former imports enmity , but in these open defiance . christs passion is renewed in both : be that mis-judges of him , condemnes him , but he that blasphemes him spits in his face . thus the jewes & the pharisees denyed christ. we know that this man is a sinner , joh. 9.24 . and a deceiver , mat. 27.63 . and he casts out devills , by the prince of the divells . 12. mat. 24. and thus christ is dayly denyed , in many blasphemies printed & divulged , and many horrid opinions vented against the truth . the schooles dispute whether in moralls the external action superadds any thing of good or evill to the internall elicit acts of the will : but certainly the enmity of our judgments is wrought up to an high pitch before it rages in an open deniall . and it is a signe that it is grown too bigge for the heart , when it seeks for vent in our words . blasphemy uttered it is error heightned with impudence . it is sinne scorning a concealment , not only committed , but defended . he that denyes christ in his judgment sins , but he that speakes his deniall , vouches and ownes his sinne : and so by publishing it , does what in him lies to make it vniversall : and by writing it to establish it eternall . there is another way of denying christ with our mouthes , which is negative : that is when we doe not acknowledge and confesse him : but of this i shall have occasion to treat under the discussion of the third general head. 3. we may deny christ in our actions and practice , and these speak much louder then our tongues . to have an orthodox belief , and a true profession , concurring with a bad life , it is only to deny christ with a greater solemnity . beleif and profession will speak thee a christian but very faintly , when thy conversation proclaimes thee an infidell . many while they have preached christ in their sermons , have read a lecture of atheisme in their practice . we have many here that speak of godlinesse , mortification and self-deniall : but if these are so , what meanes the bleating of the sheep , and the lowing of the oxen , the noise of their ordinary sinnes , and the cry of their great ones ? if godly , why doe they wallow and sleep in all the carnalities of the world , under pretence of christian liberty ? why doe they make religion ridiculous by pretending to prophecy , and when their prophecies prove delusions , why doe they blaspheme ? if such self-denyers , what means the griping , the prejudice , the covetousnesse , and the pluralities preached against , and retained , and the arbitrary government of many ? when such men preach of self-denyal and humility . i cannot but think of seneca , who praised poverty , and that very safely , in the midst of his great riches and gardens ; and even exhorted the world to throw away their gold , perhaps ( as one well conjectures ) that he might gather it up ; so these desire men to be humble , that they may domineer without opposition . but it is an easie matter to commend patience , when there is no d●nger of any tryall , to extoll humility in the midst of honours , to begin a fast after dinner . but o how christ will deal with such persons when he shall draw forth all their actions bare and stript from this deceiving vaile of their heavenly speeches ! he will then say , it was not your sad countenance , nor your hypocriticall groaning , by which you did either confesse or honour me : but your worldliness , your luxury , your sinister partial dealing ; these have denyed me , these have wounded me , these have gone to my heart : these have caused the weak to stumble , and the prophane to blaspheme : these have offended the one , and hardned the other . you have indeed spoke me fair , you have saluted me with your lips , but even then you betray'd me . depart from me therefore you professors of holiness , but you workers of iniquity . and thus having shewn the three wayes by which christ may be denyed , it may now be demanded , which is the deniall here intended in the words . answere 1. i conceive if the words are taken as they were particularly and personally directed to the apostles upon the occasion of their mission to preach the gospel , so the denyall of him , was the not acknowledgement of the deity or godhead of christ ; and the reason to prove , that this was then principally intended , is this . because this was the truth in those dayes cheifly opposed , and most disbeleived , as appeares , because christ and the apostles did most earnestly inculcate the beleif of this , and accepted men upon the bare acknowledgement of this , and baptisme was administred to such as did but profess this , 8 acts 37 , 38. and indeed as this one aphorisme iesus christ is the son of god , is vertually and eminently the whole gospel , so to confess or deny it is vertually to embrace or reject the whole round and series of gospell truths . for he that acknowledges christ to be the sonne of god , by the same does consequentially acknowledge that he is to be beleived and obeyed in whatsoever he does enjoyne and deliver to the sonnes of men : and therefore that we are to repent and beleive and rest upon him for salvation , and to deny our selves : and within the compass of this is included whatsoever is called gospell . as for the manner of our denying the deity of christ here prohibited , i conceive it was by words and orall expressions verbally to deny , and dis-acknowledge it : this i ground upon these reasons . 1. because it was such a deniall as was before men , and therefore consisted in open profession , for a deniall in judgment and practice , as such , is not alwayes before men . 2. because it was such a deniall or confession of him as would appear in preaching : but this is mannaged in words and verball profession . but now 2ly . if we take the words as they are a generall precept equally relating to all times , and to all persons , though delivered only upon a particular occasion to the apostles ( as i suppose they are to be understood ) so i think they comprehend all the three wayes mentioned of confessing or denying christ : but principally in respect of practice , and that 1. because by this he is most honoured or dishonoured . 2. because without this the other two cannot save . 3. because those who are ready enough to confess him both in judgment and profession , are for the most part very prone to deny him shamefully in their doings . pass we now to a second thing , to shew what are the causes inducing men to deny christ in his truths . i shall propose three . 1. the seeming supposed absurdity of many truths : vpon this foundation heresie allwayes builds . the heathens derided the christians , that still they required and pressed beleif , and well they might ( say they ) since the articles of their religion are so absurd , that upon principles of science they can never winne assent . it is easy to draw it forth and demonstrate , how upon this score the cheif heresies that now are said to trouble the church , doe oppose and deny the most important truths in divinity . as first , hear the denyer of the deity and satisfaction of christ. what ( saies he ) can the same person be god and man ? the creature and the creator ? can we ascribe such attributes to the same thing , whereof one implyes a negation and a contradiction of the other ? can he be also finite and infinite , when to be finite is not to be infinite , and to be infinite not to be finite ? and when we distinguish between the person , and the nature , was not that distinction an invention of the schooles , favoring rather of metaphysicks , then divinity ? if we say that he must have bin god , because he was to mediate between us and god , by the same reason they will reply , we should need a mediator between us and christ , who is equally god , equally offended . then for his satisfaction , they will demand to whom this satisfaction is paid ? if to god , then god payes a price to himself : and what is it else to require and need no satisfaction , then for one to satisfie himself ? next comes in the denyer of the decrees and free grace of god. what ( saies he ) shall we exhort , admonish , and entreat the saints to beware of falling away finally , and at the same time assert that it is impossible for them so to fall ? what shall we erect two contradictory wills in god , or place two contradictoryes in the same will , and make the will of his purpose and intention run counter to the will of his approbation ? hear another concerning the scripture and justification . what ( saies the romanist , relye in matters of faith upon a private spirit ? how doe you know this is the sence of such a scripture ? why by the spirit . but how will you try that spirit to be of god ? why by the scripture : this he explodes as a circle , and so derides it . then for justification . how are you justified by an imputed righteousness ? is it yours before it is imputed , or not : if not ( as we must say ) is this to be justified , to have that accounted yours , that is not yours ? put again , did you ever hear of any man made rich or wise by imputation ? why then righteous or just ? now these seeming paradoxes , attending gospell truths , cause men of weak and prejudiced intellectualls to deny them , and in them christ , being ashamed to owne faith so much ( as they think ) to the disparagement of their reason . 2. the second thing causing men to deny the truths of christ , is their , vnprofitableness . and no wonder if here men forsake the truth and assert interest . to be pious is the way to be poore . truth still gives its followers its own badge and livery , a despised nakedness . it is hard to maintaine the truth , but much harder to be maintained by it : could it ever yet feed , clothe , or defend its assernors ? did ever any man quench his thirst , or satisfie his hunger with a notion ? did ever any one live upon propositions ? the testimony of brutus concerning vertue , is the apprhension of most concerning truth : that it is a name , but lives and estates are things , and therefore not to be thrown away upon words . that we are neither to worship or cringe to any thing under the deity is a truth to strict for a naaman : he can be content to worship the true god , but then it must be in the house of rimmon : the reason was implyed in his condition , he was captaine of the host , and therefore he thought it reason good to bow to rimmon , rather then endanger his place : better bow , then break. indeed some times providence casts things so , that truth and interest ly the same way : and when it is wrapt up in this covering men can be content to follow it , to presse hard after it : but it is as we pursue some beasts only for their skins : take of the covering , and though men obtaine the truth , they would lament the losse of that . as iacob wept and mourned over the torn coat , when ioseph was alive . it is incredible to consider how interest outweighes truth . if a thing in it self be doubtfull , let it make for interest and it shall be raised at least into a probable ; and if a truth be certaine , and thwart interest , it will quickly fetch it down to but a probability ; nay if it does not carry with it an impregnable evidence , it will goe near to debase it to a down right falsity . how much interest casts the ballance in cases dubious , i could give sundry instances , let one suffice . and that concerning the unlawfullness of usury . most of the learned men in the world successively both heathen and christian doe assert the taking of use to be utterly unlawfull ; yet the divines of the reformed church beyond the seas though most severe and rigid in other things , doe generally affirme it to be lawfull . that the case is doubtfull and may be disputed with plausible arguments on either side , we may well grant : but what then is the reason that makes these divines so unanimously concurre in this opinion ? indeed i shall not affirme this to be the reason , but it may seem so to many : that they receive their salaryes by way of pension , in present ready money , and so have no other way to improve them ; so that it may be suspected , that the change of their salary , would be the strongest argument to change their opinion . the truth is , interest is the grand wheele , and spring that moves the whole vniverse . let christ and truth say what they will , if interest will have it , gain must be godliness : if enthusiasme is in request , learning must be inconsistent with grace . if pay growes short , the vniversity maintenance must be too great . rather then pilate will be counted cesars enemy , he will pronouce christ innocent one hour , and condemne him the next . how christ is made to truckle under the world , and how his truths are denyed and shuffled with for profit and pelfe , the clearest proof would be by induction and example . bus as it is the most clear , so here it would be the most unpleasing : wherefore i shall passe this over , since the world is now so peccant uopn this account , that i am afraid instances would be mistaken for invectives . 3. the third cause inducing men to deny christ in his truths , is their apparent danger . to confesse christ , is the ready way to be cast out of the synagogue . the chuch , it is a place of graves as well as of worship and profession . to be resolute in a good cause is to bring upon our selves the punishments due to a bad. truth indeed it is a possession of the highest value , and therefore it must needs expose the owner to much danger . christ is sometimes pleased to make the profession of himself costly , and a man cannot buy the truth but he must pay down his life and his dearest blood for it . christianity marks a man out for destruction : and christ sometime chalks out such a way to salvation , that shall verifie his own saying , he that will save his life shall loose it . the first ages of the church had a more abundant experience of this : paul and the rest , what they planted by their preaching , they watered with their blood . we know their usage was such as christ foretold , he sent them to wolves , and the common course then was christianos ad leones . for a man to give his name to christianity in those dayes , was to list himself a martyr , & to bid farewell not only to the pleasures but also to the hopes of this life . neither was it a single death only that then attended this profession , but the terror and sharpnesse of it redoubled was in the manner and circumstance . they had persecutors , whose invention was as great as their cruelty . wit and malice conspired to find out such tortures , such deaths , and those of such incredible anguish , that only the manner of dying was the punishment , death it self the deliverance . to be a martyr signifies only to witness the truth of christ , but the witnessing of the truth was then so generally attended with this event , that martyrdome now signifies not only to witness , but to witness by death . the word besides its own signification importing their practice : and since christians have been freed from heathens , christians themselves have turned persecutors . since rome from heathen was turned christian , it has improved its persecution into an inquisition . now when christ and truth are upon these termes , that men cannot confesse him , but upon paine of death , the reason of their apostacy and deniall is clear , men will be wise and leave truth and misery to such as love it , they are resolved to be cunning , let others run the hazard of being sincere . if they must be good at so high a rate , they know they may be safe at a cheaper . si negare sufficiat , quis erit nocens ? if to deny christ will save them , the truth shall never make them guilty . let christ and his flock lye open & exposed to all weather of persecution , foxes will be sure to have holes . and if it comes to this that they must either renounce religion , deny and blaspheme christ , or forfeit their lives to the fire or the sword , it is but inverting iobs wives advice , curse god and live . 3. we proceed now to the third thing , which is to shew , how farre a man may consult his safety , &c ▪ this he may doe two wayes . 1. by withdrawing his person . martyrdome is an heroick act of faith . an atcheivement beyond an ordinary pitch of it : to you saies the spirit it is given to suffer , 1 phil. 29. it is a peculiar additionall gift : it is a distinguishing excellency of degree , not an essentiall consequent of its nature . be ye harmlesse as doves saies christ ; and it is as naturall to them to take flight upon danger , as to be innocent : let every man throughly consult the temper of his faith , and weigh his courage with his feares , his weakness and his resolutions together , and take the measure of both , and see which preponderates , and if his spirit faints , if his heart misgives and melts at the very thoughts of the fire , let him flye and secure his own soul , and christs honour . non negat christum fugiendo qui ideò fugit ne neget : he does not deny christ by flying , who therefore flyes that he may not deny him . nay , he does not so much decline , as rather change his martyrdome : he flies from the flame , but repaires to a desart ; to poverty and hunger in a wilderness . whereas if he would dispense with his conscience , & deny his lord , or swallow down two or three contradictory oaths , he should neither fear the one , nor be forced to the other . 2. by concealing his judgement . a man sometimes is no more bound to speak than to destroy himself ; and as nature abhors this , so religion does not command that . in the times of the primitive church , when the christians dwelt amongst heathens , it is reported of a certain mayd , how she came from her fathers house , to one of the tribunals of the gentiles , and declared her self a christian , spit in the judges face , and so provoked him to cause her to be executed . but will any say that this was to confesse christ , or dye a martyr ? he that uncalled for , uncompelled , comes and proclaims a persecuted truth , for which he is sure to dye , he onely dyes a confessour of his own folly , and a sacrifice to his own rashness . martyrdome is stampt such onely by gods command ; and hee that ventures upon it without a call , must endure it without a reward : christ will say , who required this at your hands ? his gospel does not dictate imprudence : no evangelical precept justles out that of a lawfull self-preservation . he therefore that thus throws himself upon the sword , he runs to heaven before he is sent for : where though perhaps christ may in mercy receive the man , yet he will be sure to disown the martyr . and thus much concerning those lawfull wayes of securing our selves in time of persecution ; not as if these were alwaies lawfull : for sometimes a man is bound to confesse christ openly , though hee dyes for it ; and to conceal a truth is to deny it . but now to shew when it is our duty , and when unlawfull to take these courses , by some generall rule of a perpetual , never-failing truth , none ever would yet presume : for , as aristotle saies , we are not to expect demonstrations in ethicks , or politicks ; nor to build certain rules upon the contingency of humane actions : so , in as much as our flying from persecution , our confessing , or concealing persecuted truths , vary and change their very nature , according to different circumstances of time , place , and persons , we cannot limit their directions within any one universall precept . you will say then , how shall we know when to confess , when to conceale a truth ? when to wait for , when to decline persecution ? indeed the onely way that i think can be prescribed in this case , is to be earnest , and importunate with god in prayer for special direction : and it is not to be imagined , that he who is both faithfull and mercifull , will leave a sincere soul in the dark upon such an occasion . but this j shall adde , that the ministers of god are not to evade , or take refuge in any of these two forementioned wayes . they are publique persons : and good shepheards must then chiefly stand close to the flock when the wolf comes . for them to be silent in the cause of christ is to renounce it ; and to fly , is to desert it . as for that place urged in favour of the contrary , in 23. v. when they persecute you in this city flee into another , it proves nothing ; for the precept was particular , and concerned onely the apostles ; and that but for that time in which they were then sent to the jews , at which time christ kept them as a reserve for the future : for when after his death they were indifferently sent both to jews and gentiles , wee find not this clause in their commission , but they were to signe the truths they preached with their blood ; as we know they actually did . and moreover , when christ bids them , being persecuted in one city fly into another , it was not ( as grotius acutely observes ) that they might lye hid , or bee secure in that city , but that there they might preach the gospel : so that their flight here was not to secure their persons , but to continue their business . i conclude therefore , that faithfull ministers are to stand and endure the brunt . a common souldier may dye , when it is the duty of him that holds the standard to dye upon the place . and we have abundant of encouragements so to doe . christ has seconded and sweetned his command with his promise : yea the thing it self is not onely our duty , but our glory . and he that has done this work , has in the very work partly received his wages . and were it put to my choice , j think i should chuse rather with spitting and scorn to be tumbled into the dust in blood , bearing witness to any known truth of our dear lord , now opposed by the enthusiasts of the present age , than by a denyal of those truths through blood and perjury wade to a scepter , and lord it in a throne . and we need not doubt , but truth , however oppressed , will have some followers , and at length prevaile . a christ , though crucified , will arise : and as it is in the 11 revel . 3. the witnesses will prophesie , though it be in sackcloth . having thus dispatched the third thing , i proceed to the fourth , which is to shew , what it is for christ to deny us before his father in heaven . hitherto we have treated of mens carriage to christ in this world ▪ now we will describe his carriage to them in the other . these words clearly relate to the last judgement , and they are a summary description of his proceeding with men at that day . and here we will consider : 1. the action it self , he will deny them . 2. the circumstance of the action , hee will deny them before his father , aad the holy angels . 1. concerning the first ; christs denying us , is otherwise expressed in the 13 luke 27. i know you not . to know in scripture language is to approve ; and so not to know , is to reject and condemne . now who knows how many woes are crowded into this one sentence , i will deny him ? it is ( to say no more ) a compendious expression of hell , an eternity of torments comprised in a word : it is condemnation it self , and what is most of all , it is condemnation from the mouth of a saviour . o the inexpressible horrour that will seize upon a poor soul when he stands arraigned at the barre of divine justice ▪ when he shall look about , and see his accuser his judge , the witnesses all of them his remorsless adversaries : the law impleading , mercy and the gospel upbraiding him , the devill , his grand accuser , drawing his indictment ; numbring his sinnes with the greater exactness , and aggravating them with the cruellest bitterness , and conscience , like a thousand witnesses , attesting every article , flying in his face , and rending his very heart . and then after all , christ , from whom only mercy could be expected , owning the accusation . it will be hell enough to hear the sentence ; the very promulgation of the punishment will be part of the punishment , and anticipate the execution . if peter was so abashed when christ gave him a look after his denyall ; if there was so much dread in his looks when he stood as prisoner , how much greater will it bee when he sits as a judge ? if it was so fearfull when he looked his denyer into repentance , what will it be when he shall look him into destruction ? believe it , when we shall hear an accusation from an advocate , our eternall doome from our intercessour , it will convince us that a denyall of christ is something more than a few transitory words : what trembling , what out-cries , what astonishment will there be upon the pronouncing this sentence ! every word will come upon the sinner like an arrow striking through his reines ; like thunder that is heard , and consumes at the same instant . yea it will be a denyal with scorn , with taunting exprobrations ; and to be miserable without commiseration , is the height of misery . he that falls below pitty , can fall no lower . could i give you a lively representation of guilt and horrour on this hand , and paint out eternall wrath , decypher eternall vengeance on the other , then might j shew you the condition of a sinner hearing himself denyed by christ : and for those whom christ has denyed , it will be in vaine to appeale to the father , unless wee can imagine , that those whom mercy has condemned , justice will absolve . 2. for the circumstance , he will deny us before his father , and the holy angels . as much as god is more glorious than man , so much is it more glorious to be confessed before him , than before men : and so much glory as there is in being confessed , so much dishonour there is in being denyed . if there could be any room for comfort after the sentence of damnation , it would be this , to be executed in secret , to perish unobserved . as it is some allay to the infamy of him that dyed ignominiously , to be buried privately . but when a mans folly must be spread open before angels , and all his baseness ript up before those pure spirits , this will be a double hell : to be thrust into utter darkness , onely to be punished by it , without the benefit of being concealed . when christ shall compare himself , who was denyed , and the thing for which he was denyed together , and parallel his merits with a lust , and lay eternity in the ballance with a trisle , then the folly of the sinners choice shall be the greatest sting of his destruction . for a man shall not have the advantage of his former ignorance and errour , to approve his sinne : things that appeared amiable by the light of this world , will appear of a different odious hue in the clear discoveries of the next : as that which appears to be of this colour by a dimn candle , will be found to be of another look'd upon in the day . so when christ shall have cleared up mens apprehensions about the value of things ; he will propose that worthy prize for which he was denyed : he will hold it up to open view , and call upon men and angels : behold , look , here is the thing , here 's that peice of dirt , that windy applause , that poor transitory pleasure , that contemptible danger , for which i was dishonoured , my truths disowned , and for which life , eternity , and god himself was scorned and trampled upon by this sinner : judge all the world , whether what he so despised in the other life , he deserves to enjoy in this ? how will the condemned sinner then crawle forth , and appear in his filth and shame before that undefiled , tribunall , like a toade or a snake in a kings presence chamber . nothing so irksome as to have ones folly displaied before the prudent , ones impurity before the pure : and all this before that company surrounding him , from which he is neither able to look off , nor yet to look upon . a disgrace put upon a man in company is unsupportable : it is heightned according to the greatnesse , and multiplyed according to the number of the persons that hear it . and now as this circumstance [ before his father ] fully speaks the shame , so also it speaks the danger of christs then denying us . for when the accusation is heard , and the person stands convict , god is immediately lifting up his hand to inflict the eternal blow ; and when christ denyes to exhibit a ransome , to step between the stroak then coming , and the sinner , it must inevitably fall upon him , and sinke his guilty soul into that deep and bottomless gulph of endless perdition . this therefore is the summe of christs denying us before his father , viz. unsupportable shame , unavoydable destruction . i proceed now to the vses that may be drawn from the truths delivered . and here ( right honourable ) not only the present occasion , but even the words themselves seem eminently to addresse an exhortation to your honours . as for others not to deny christ , is openly to profess him ; so for you who are invested with authority , not to deny him , is to defend him . know therefore , that christ does not onely desire , but demand your defence , and that in a double respect . 1. in respect of his truth . 2. of his members . 1. he requires that you should defend and confess him in his truth . heresie it is a tare sometimes not to be pulled up but by the civill magistrate . the word liberty of conscience , is much abused for the defence of it , because not well understood . every man may have liberty of conscience to think and judge as he pleases , but not to vent what he please . the reason is , because conscience bounding it selfe within the thoughts , is of private concernment , and the cognizance of these belong only to god : but when an opinion is published , it concerns all that hear it , and the publique is endamaged , and therefore becomes punishable by the magistrate , to whom the care of the publique is entrusted . but there is one truth that concerns both ministery and magistracy , and all : which is opposed by those who affirm , that none ought to govern upon the earth but christ in person : absurdly , as if the powers that are , destroyed his ; as if a deputy were not consistent with a king ; as if there were any opposition in subordination . they affirm also , that the wicked have no right to their estates , but onely the faithfull , that is , themselves , ought to possess the earth . and it is not to be questioned , but when they come to explaine this principle , by putting it into execution , there will be but few that have estates at present , but would be either found , or made wicked . i shall not be so urgent to press you to confess christ , by asserting and owning the truth contrary to this , since it does not only oppose truth , but propriety , and here to deny christ , would be to deny your selves . 2. christ requires you to own and defend him in his members ; and amongst these , the chief of them , and such who most fall in your way , the ministers ; i say , that despised , abject , oppressed sort of men , the ministers ; whom the world would make antichristian , and so deprive them of heaven , and also strip them of that poor remainder of their maintenance , and so allow them no portion upon the earth . you may now spare that distinction of scandalous ministers , when it is even made scandalous to be a minister . and as for their discouragements in the courts of the law , i shall onely note this , that for these many years last past , it has been the constant observation of all , that if a minister had a cause depending in the court , it was ten to one but it went against him . i cannot believe your law justles out the gospel ; but if it be thus used to undermine christ in his servants , beware that such judgements passed upon them , doe not fetch down gods judgements upon the land ; and that for such abuse of the law , christ does not in anger deprive both you and us of its vse . ( my lords ) i make no doubt , but you will meet with many suites in your course , in which the persons we speak of are concerned , as it is easie to prognosticate from those many worthy petitions preferred against them , for which the well-affected petitioners will one day receive but small thanks from the court of heaven . but however their causes speed in your tribunals , know that christ himself will recognize them in a greater . and then what a different face will be put upon things ! when the usurping , devouring nimrods of the world shall be cast with scorn on the left hand : and christ himself in that great consistory shall daign to step down from his throne , and single out a poor despised minister , and as it were taking him by the hand , present him to , and openly thus confess him before his father . father , here is a poore servant of mine , that for doing his duty impartially , for keeping a good conscience , and testifying my truths in an hypocriticall pretending age , was wrong'd , trood upon , stript of all : father , i will that there be now a distinction made , between such as have owned & confessed me with the loss of the world , and those that have denyed , persecuted and insulted over me : it will be in vain then to come and creep for mercy : and say , lord , when did we insult over thee ? when did we see thee in our courts , and despised or oppressed thee ? christs reply will be then quick and sharp : verily in as much as you did it to one of these little , poor , despised ones , ye did it unto me. 2. use is of information , to shew us the danger as well as the baseness of a dastardly spirit ; in asserting the interest and truth of christ. since christ has made a christian course a warfare , of all men living , a coward is the most unfit to make a christian : whose infamy is not so great , but it is sometimes less then his perill . a coward does not allwayes scape with disgrace , but sometimes also he loses his life : wherefore let all such know , as can enlarge their consciences like hell , and call any sinfull compliance submission , and style a cowardly silence in christs cause , discretion and prudence . i say let them know , that christ will one day scorn them , and spit them with their policy and prudence into hell ; and then let them consult how politick they were for a temporall emolument , to throw away eternity . all that causes men to deny christ , it is either the enjoyments , or the miseries of this life : but alass at the day of judgment all these will be expired , and as one well observes , what are we the better for pleasure , or the worse for sorrow when it is past ? but then sinne and guilt will be still fresh , and heaven and hell will be then yet to begin . if ever it was seasonable to preach courage in the despised , abused cause of christ , it is now , when his truths are reformed into nothing , when the hands and hearts of his faithfull ministers are weakned , & even broke , and his worship extirpated in a mockery , that his honour may be advanced . well , to establish our hearts in duty , let us before hand propose to our selves the worst that can happen . should god in his judgment suffer england to be transformed into a munster . should the faithfull be every where massacred . should the places of learning be demolished , and our colledges reduced ( not only as one in his zeal would have it ) to three , but to none . yet assuredly hell is worse then all this , and this is the portion of such as deny christ : wherefore let our discouragements be what they will : losse of places , losse of estates , loss of life and relations , yet still this sentence stands ratified in decretals of heaven . cursed be that man , that for any of these , shall desert the truth , and deny his lord. ecclesiasticall policy the best policy : or , religion the best reason of state : in a sermon delivered before the honourable society of lincolnes inn . by ro. sovth . oxford , printed by a. l. for tho. robinson , 1660. 1 king. 13. ch . 33 , 34. v. after this thing jeroboam returned not from his evill way , but made again of the lowest of the people priests of the high places : whosoever would he consecrated him , and he became one of the priests of the high places . and this thing became sin unto the house of jeroboam , even to cut it off , and to destroy it from off the face of the earth . ieroboam ( from the name of a person become the character of impiety ) is reported to posterity as eminent , or rather notorious , for two things ; usurpation of government , and innovation of religion . 't is confessed , the former is expresly said to have been from god ; but since god may order , and dispose , what he does not approve ; and use the wickedness of men while he forbids it ; the design of the first cause does not excuse the malignity of the second : and therefore the advancement and scepter of ieroboam was in that sense onely the work of god , in which it is said , 3 amos 6. that there is no evill in the city which the lord has not done . but from his attempts upon the civill power , he proceeds to innovate gods worship ; and from the subjection of mens bodies and estates to enslave their consciences , as knowing that true religion is no freind to an unjust title . such was afterwards the way of mahomet , to the tyrant to joyne the impostor , and what he had got by the sword to confirm by the alcoran ; raising his empire upon two pillars , conquest , and inspiration . ieroboam being thus advanced , and thinking policy the best piety , though indeed in nothing ever more befooled ; the nature of sin being not onely to defile , but to infatuate . in the ii. chap. and the 27. v. he thus argues ; if this people goe up to doe sacrifice in the house of the lord at ierusalem , then shall the heart of this people turne again unto their lord , even unto rehoboam king of iudah , and they shall kill me , and goe again unto rehoboam king of iudah . as if hee should have said . the true worship of god , and the converse of those that use it , dispose men to a considerate , lawfull subjection . and therefore i must take another course : my practise must not be better than my title ; what was won by force must be continued by delusion . thus sin is usually seconded with sin : and a man seldome commits one sinne to please , but he commits another to defend himself . as 't is frequent for the adulterer to commit murder , to conceal the shame of his adultery . but let us see ieroboams politick procedure in the next ver . whereupon the king took counsel , and made two calves of gold , and said unto them , it is too much for you to goe up to ierusalem , behold thy gods o israel . as if he had made such an edict : i ieroboam , by the advice of my council , considering the great distance of the temple , and the great charges that poor people are put to in going thither ; as also the intollerable burden of paying the first fruit , and tythes to the priest , have considered of a way that may be more easie , and lesse burthensome to the people , as also more comfortable to the priests themselves ; and therefore strictly enjoyne , that none henceforth presume to repaire to the temple at ierusalem , especially since god is not tyed to any place or form of worship ; as also because the devotion of men is apt to be clogged by such ceremonies ; therefore both for the ease of the people , as also for the advancement of religion , we require and command , that all henceforth forth forbear going up to ierusalem . questionless these , and such other reasons the impostor used to insinuate his devout idolatry . and thus the calves were set up , to which oxen must be sacrificed ; the god and the sacrifice out of the same herd . and because israel was not to returne to egypt , egypt was brought back to them ; that is , the egyptian way of worship , the apis , or serapis , which was nothing but the image of a calfe , or oxe , as is clear from most historians . thus ieroboam having procured his people gods , the next thing was to provide priests . hereupon to the calves he addes a commission , for the approving , trying , and admitting the rascality and lowest of the people to minister in that service : such as kept cattel , with a little change of their office , were admitted to make oblations to them . and doubtless besides the approbation of these , there was a commission also , to eject such of the priests and levites of god , as being too ceremoniously addicted to the temple , would not serve ieroboam before god , nor worship his calves for their gold , nor approve those two glittering sins for any reason of state whatsoever . having now perfected divine worship , and prepared both gods and priests : in the next place , that he might the better teach his false priests the way of their new worship , he beginnes the service himself , and so countenances by his example , what he had enjoyned by his command , in the 1. v. of this chapter , and ieroboam stood by the altar to burne incense . burning of incense was then the ministerial office amongst them , as preaching is now amongst us . so that to represent you the nature of ieroboams action : it was , as if in a christian nation the chief governour should authorize and encourage all the scumme and refuse of the people to preach , and call them to the ministry , by using to preach , and invading the ministerial function himself . but ieroboam rested not here , but while he was busie in his work , and a prophet immediately sent by god declares against his idolatry , he endeavours to seize upon , and commit him , in the 4. v. he held forth his hand from the altar , and said , lay hold of him . thus we have him compleating his sinne , and by a strange imposition of hands persecuting the true prophets as wel as ordaining false . but it was a natural transition , and no wayes wonderful to see him that stood affronting god with false incense in the right hand , persecute with the left , and abet the idolatry of one arme with the violence of the other . now if we lay all these things together , and consider the parts , rise , and degrees of his sinne , we shall find , that it was not for nothing , that the spirit of god , so frequently , and bitterly in scripture stigmatizes this person : for it represents him , first incroaching upon the civil government , thence changing that of the church , debasing the office that god had made sacred ; introducing a false way of worship , destroying the right . and in this we have a full and fair description of a foul thing ; that is , of an usurper , and an impostor : or , to use one word more comprehensive than both , of ieroboam the sonne of nebat who made israel to sinne . from the story and practise of ieroboam we might gather these observations . 1. that god sometimes punishes a notorious sinne , by suffering the sinner to fall into a worse . thus god punished the rebellion of the israelites by permitting them to fall into idolatry . 2. there is nothing so absurd but may be obtruded upon the vulgar under pretence of religion . certainly otherwise a golden calfe could never have been made either the object , or the means of divine worship . 3. sin , especially that , of perverting gods worship , as it leaves a guilt upon the soul , so it perpetuates a blot upon the name . hence nothing so frequent , as for the spirit of god to expresse wicked , irreligious kings , by comparing them to ahab or ieroboam . it being usuall to make the first and most eminent in any kind , not onely the standard for comparison , but also the rule of expression . but i shall insist onely upon the words of the text , and what shall be drawn from thence . there are two things in the words that may seem to require explication . 1. what is meant by the high places . 2. by the consecration of the priests . 1. concerning the high places . the use of these in the divine worship was generall and ancient . and as dionysius vossius observes in his notes upon moses maimonides , the first way that was used , long before temples were either built , or thought lawfull . the reason of this seemes to be , because those places did not shut up , or confine the immensity of god , as they thought an house did , and withall gave his worshippers a nearer approach to heaven by their height . hence we read that the samaritanes worshipped upon mount gerezim , 4 ioh. 20. v. and samuel went up to the high place to sacrifice , 1 sam. 9.14 . and solomon sacrificed at the high place in gibeon , 1 king. 3.4 . yea the temple it selfe was at length built upon a mount or high place , 2 chr. 3.1 . you will say then , why are these places condemned ? i answer , that the use of them was not condemned , as absolutely and alwaies unlawfull in it selfe , but onely after the temple was built , and that god had professed to put his name in that place , and no other : therefore what was lawfull in the practice of samuel and solomon before the temple was in being , was now detestable in ieroboam , since it was constituted by god the onely place for his worship . to bring this consideration to the times of christianity . because the apostles and primitive christians preached in houses , and had onely private meetings , in regard they were under persecution , and had no churches ; this cannot warrant the practice of those now adaies , that preferre houses before churches , and a conventicle before the congregation . 2. for the second thing , which is the consecration of the priests , it seems to have been correspondent to ordination in the christian church . idolaters themselves were not so farre gone , as to venture upon the priesthood without consecration and a call. to shew all the solemnities of this would be tedious , and here unnecessary : the hebrew word which we render to consecrate , signifies to fill the hand , which indeed imports the manner of consecration , which was done by filling the hand : for the priest cut a peice of the sacrifice , and put it into the hands of him that was to be consecrated ; by which ceremony he received right to sacrifice , and so became a priest. as our ordination in the christian church , is said to have been heretofore transacted by the bishops delivering of the bible into the hands of him that was to be ordained , whereby he received power ministerially to dispense the mysteries contained in it , and so was made a presbyter . thus much breifly concerning consecration . there remains nothing else to be explained in the words , i shall therefore now draw forth the sense of them in these two propositions , 1. the surest means to strengthen , or the readiest to ruin the civill power , is either to establish , or destroy the worship of god in the right exercise of religion . 2. the next , and most effectuall way to destroy religion , is to embase the teachers and dispensers of it . of both these in their order . for the prosecution of the former we are to shew , 1. the truth of the assertion , that it is so . 2. the reason of the assertion , why and whence it is so . 1. for the truth of it , it is abundantly evinced from all records both of divine and prophane history , in which he that runs may read he ruine of the state in the destruction of the church , and that not only portended by it as its signe , but also inferred from it , as its cause . 2. for the reason of the point it may be drawne 1. from the judiciall proceeding of god , the great king of kings , and supreme ruler of the vniverse ; who for his commands is indeed carefull , but for his worship jealous . and therefore in states notoriously irreligious , by a secret and irresistable power , countermands their deepest projects , splits their counsells , and smites their most refined policies with frustration and a curse : being resolved that the kingdomes of the world shall fall down before him , either in his adoration , or their own confusion . 2. the reason of the doctrine may be drawn from the necessary dependence of the very principles of government upon religion . and this i shall pursue more fully . the great business of government is to procure obedience , & keep off disobedience : & the great springs upon which those two move are rewards and punishments answering the two ruling affections of mans mind , hope and fear . for since there is a naturall reluctancy between the judgment and the appetite , the former respecting what is honest , the latter what is pleasing , which two qualifications seldome concurre in the same thing , and withall mans designe in every action is delight : therefore to render things honest also practicable , they must be first represented desireable ; which cannot be but by proposing honesty cloathed with pleasure ; and since it presents no pleasure to the sense , it must be fetcht from the apprehension of a future reward . for questionless duty moves not so much upon command as promise . now therefore that which proposes the greatest , and most sutable rewards to obedience , & the greatest terrors & punishments to disobedience , doubtless is the most likely to enforce one , and prevent the other . but it is religion that does this , which to happinesse and misery joynes eternity . and these , supposing the immortality of the soul , which philosophy indeed conjectures , but only religion proves , or ( which is as good ) perswades ; i say these two things , eternall happiness & eternall misery , meeting with a perswasion that the soul is immortall , are without controversy of all others , the first the most desireable , & the latter the most horrible to humane apprehension . were it not for these , civill government were not able to stand before the prevailing swing of corrupt nature , which would know no honesty , but advantage , no duty but in pleasure , nor any law , but it s own will. were not these frequently thundred into the understandings of men , the magistrate might enact , order and proclaime , proclamations might be hung upon walls and posts , and there they might hang , seen and despised , more like malefactors , then lawes : but when religion binds thē upon the conscience , conscience will either perswade or terrify men into their practice . for put the case a man knew , and that upon sure grounds , that he might doe an advantagious murder or robbery , and not be discovered , what humane lawes could hinder him , which he knowes cannot inflict any penalty , where they can make no discovery ? but religion assures him , that no sin , though concealed from humane eyes , can either escape gods sight in this world , or his vengeance in the other . put the case also , th●t men looked upon death without fear , in which sense it is nothing , or at most very little ; ceasing while it is endured , and probably without pain , for it seazes upon the vitalls and benumms the senses , and where there is no sense , there can be no pain . i say , if while a man is acting his will towards sin , he should also thus act his reason , to despise death , where would be the terror of the magistrate , who can neither threaten or inflict any more ? hence an old malefactor in his execution , at the gallowes made no other confession but this ; that he had very jocundly passed over his life in such courses , and he that would not , for fifty yeares pleasure , endure half an hours paine , deserved to dye a worse death then himself : questionlesse this man was not ignorant before , that there were such things as lawes , assizes , and gallowes , but had he considered , and beleived the terrors of another world , he might probably have found a fairer passage out of this . if there was not a minister in every parish , you would quickly find cause to encrease the number of constables : and if the churches were not imployed to be places to hear gods law , there would be need of them , to be prisons for the breakers of the lawes of men . hence 't is observable that the tribe of levi , had not one place or portion together like the rest of the tribes : but because it was their office to dispence religion , they were diffused over all the tribes , that they might be continually preaching to the rest , their duty to god , which is the most effectuall way , to dispose them to obedience to man : for he that truely feares god cannot despise the magistrate . yea so near is the connexion between the civill state , and the religious , that heretofore , if you look upon well regulated , civilized , heathen nations , you will find the goverment and the preisthood united in the same person : anius rexidem hominum , phaebique sacerdos . virg. 3. aen. if under the true worship of god. melchisedech king of salem and priest of the most high god , heb. 7.1 . and afterwards moses ( whom as we acknowledge a pious , so atheists themselves will confess to have been a wise prince ) he , when he took the kingly goverment upon himself , by his own choice , seconded by divine institution , vested the preisthood in his brother aaron , both whose concernments were so coupled , that if nature had not , yet their religious , nay their civill interests , would have made them brothers . and it was once the designe of the emperour of germany , maximilian the first , to have joyned the popedome and the empire together , and to have got himself choose pope , and by that meanes derived the papacy to his succeeding emperors . had he effected it , doubtless there would not have been such scuffles between him and the bishop of rome ; the civill interest of the state would not have been undermined , by an adverse interest , mannaged by the specious and potent pretences of of religion . and to see even amongst us , how these two are united , how the former is upheld by the latter : the magistrate sometimes cannot doe his own office dexterously , but by acting the minister ; hence it is , that judges of assize find it necessary in their charges , to use patheticall discourses of conscience , and if it were not for the sway of this , they would often lose the best evidence in the world against malefactors , which is confession : for no man would confess and be hanged here , but to avoid being damned hereafter . thus i have in generall shewn the utter inability of the magistrate to attain the end of goverment , without the aid of religion . but it may be here replyed , that many are not at all moved with arguments drawn from hence , or with the happy or miserable state of the soul after death , & therefore this availes little to procute obedience , and consequently to advance goverment . i answer by concession : that this is true of epicures , atheists , & some pretended philosophers , who have stifled the notions of a deity , and the souls immortality ; but the unprepossessed on the one hand , and the well disposed on the other , who both together make much the major part of the world , are very apt to be affected with a due fear of these things : & religion accomodating it self to the generality , though not to every particular temper , sufficiently secures government , in as much as that stands or falls according to the behaviour of the multitude . and whatsoever conscience makes the generality obey ▪ to that prudence will make the rest conforme . wherefore , having proved the dependance of government upon religion , j shall now demonstrate , that the safety of governement depends upon the truth of religion . false religion is in its nature the greatest bane and destruction to religion in the world . the reason is , because whatsoever is false , is also weak . ens and verum in philosophy are the same : and so much as any religion has of falsity , it loses of strength and existence . falsity it gains authority onely from ignorance , and therefore is in danger to be known ; for from being false , the next immediate step is to be known to be such . and what prejudice this would be to the civill government , is apparent , if men should be awed into obedience , and affrighted from sin by rewards and punishments , proposed to them in such a religion , which afterwards should be detected , and found a meere falsitie , and cheat ? for if one part be but found to be false , it will make the whole suspicious . and men will then not onely cast off obedience to the civill magistrate , but they will doe it with disdaine and rage , that they have been deceived so long , and brought to doe that out of conscience which was imposed upon them out of designe : for though men are often willingly deceived , yet still it must be under an opinion of being instructed , though they love the deception , yet they mortally hate it under that appearance : therefore it is no wayes safe for a magistrate , who is to build his dominion upon the fears of men , to build those fears upon a false religion . 't is not to be doubted , but the absurdity of ieroboams calves , made many israelites turne subjects to rehoboams government , that they might be proselytes to his religion . herein the weaknesse of the turkish religion appears , that it urges obedience upon the promise of such absurd rewards , as that after death they should have palaces , gardens , beautifull women , with all the luxury that could be : as if those things that were the occasions , and incentives of sin in this world , could be the rewards of holinesse in the other . pesides many other inventions , false , and absurd , that are like so many chincks and holes to discover the rottenesse of the whole fabrick , when god shall be pleased to give light to discover , and open their reasons to discern them . but you will say , what government more sure and absolute than the turkish , and yet what religion more false ? therefore certainly government may stand sure and strong , be the religion professed never so absurd . i answer , that it may doe so indeed by accident , through the strange peculiar temper , and grosse ignorance of a people ; as we see it happens in the turks , the best part of whose policy , supposing the absurdity of their religion , is this , that they prohibit schooles of learning ; for this hinders knowledge , and disputes , which such a religion would not bear . but suppose wee , that the learning of these western nations were as great there as here , and the alcoran as common to them as the bible to us , that they might have free recourse to search and examine the flawes and follies of it , and withall that they were of as inquisitive a temper as we : and who knows , but as there are vicissitudes in the government , so there may happen the same also in the temper of a nation . if this should come to pass , where would be their religion ? and then let every one judge , whether the arcana imperii , and religionis would not fall together . they have begun to totter already ; for , mahomet , having promised to come , and visit his followers , and translate them to paradise after a thousand years , this being expired , many of the persians beganne to doubt and smell the cheat , till the mufti or cheif priest told them , that it was a mistake in the figure , and assured them , that upon more diligent survey of the records , hee found it two thousand instead of one . when this is expired , perhaps they will not be able to renew the fallacy . i say therefore , that though this government continues firme in the exercise of a false religion , yet this is by accident , through the present genius of the people , which may change ; but this does not prove , but that the nature of such a religion ( of which we onely now speak ) tends to subvert and betray the civill power . hence machiavel himself , in his animadversions upon livy , makes it appear , that the weaknesse of italy , which was once so strong , was caused by the corrupt practises of the papacy , in depraving , and misusing religion to that purpose , which he , though himself a papist , sayes could not have hapned , had the christian religion been kept in its first , and native simplicity . thus much may suffice for the clearing of the first proposition . the inferences from hence are two . 1. if government depends upon religion , then this shews the pestilential design of those that attempt to disjoyn the civil and ecclesiastical interests , setting the latter wholly out of the tuition of the former . but 't is clear that the fanaticks know no other step to the magistracy but through the ruin of the ministry . there is a great analogy between the body natural and politick ; in whith the ecclesiastical or spiritual part , justly supplyes the part of the soul ; and the violent separation of this from the other , does as certainly infer death & dissolution , as the disjunction of the body and the soul in the natural ; for when this once departs , it leaves the body of the cōmon-wealth a carcass , noysom , and exposed to be devoured by birds of prey . the ministery will be one day found according to christs word , the salt of the earth , the only thing that keeps societies of men from stench and corruption . these two interests are of that nature , that 't is to be feared they cannot be divided , but they will also prove opposite ; and not resting in a bare diversity , quickly rise into a contrariety : these two are to the state , what the elements of fire and water to the body , which united compose , separated destroy it . i am not of the papists opinion , who would make the spiritual above the civill state in power as well as dignity , but rather subject it to the civill ; yet thus much i dare affirm , that the civill , which is superiour , is upheld and kept in being by the ecclesiasticall and inferiour ; as it is in a building , where the upper part is supported by the lower ; the church resembling the foundation , which indeed is the lowest part , but the most considerable . the magistracy cannot so much protect the ministery , but the ministers may doe more in serving the magistrate . a tast of which truth you may take from the holy war , to which how fast and eagerly did men goe , when the priests perswaded them , that whoever dyed in that expedition was a martyr ? those that will not be convinced what a help this is to the magistracy , would find how considerable it is , if they should chance to clash , this would certainly eat out the other . for the magistrate cannot urge obedience upon such potent grounds , as the minister , if so disposed , can urge disobedience . as for instance , if my governour should command me to doe a thing , or i must dye , or forfeit my estate ; and the minister steps in , and tells me , that i offend god , and ruine my soul , if i obey that command ; it 's easie to see a greater force in this perswasion from the advantage of its ground . and if divines once begin to curse meros , we shall see that levi can use the sword as well as simeon ; and although ministers doe not handle , yet they can employ it . this shews the imprudence , as well as the danger of the civil magistrates exasperating those that can fire mens consciences against him , and arme his enemies with religion : for i have read heretofore of some , that having conceived an irreconcileable hatred of the civil m●gistrate , prevailed with men so farre , that they went to resist him even out of conscience , and a full perswasion and dread upon their spirits , that not to doe it were to desert god , and consequently to incurre damnation . now when mens rage is both heightned and sanctified by conscience , the war will be fierce ; for what is done out of conscience , is done with the utmost activity . and then campanella's speech to the king of spain will bee found true , religio semper vicit , praesertim armata : which sentence deserves seriously to be considered by all governours , and timely to be understood , lest it comes to be felt. 2. if the safety of government is founded upon the truth of religion , then this shews the danger of any thing that may make even the true religion suspected to be false . to be false , and to be thought false , is all one in respect of men , who act not according to truth , but apprehension . as on the contrary , a false religion , while apprehended true , has the force and efficacy of truth . now there is nothing more apt to induce men to a suspition of any religion , than frequent innovation and change : for since the object of religion , god , the subject of it , the soul of man , and the businesse of it , truth , is alwayes one and the same : variety and novelty is a just presumption of falsity : it argues sickness and distemper in the minde , as well as in the body , when a man is continually turning and tossing from one side to the other . the wise romans ever dreaded the least innovation in religion : hence we find the advice of mecanas to augustus caesar in dion cassius in the 52 book . where hee counsels him to detest , and persecute all innovators of divine worship , not onely as contemners of the gods , but as the most pernicious disturbers of the state : for when men venture to make changes in things sacred , it argues great boldness with god , and this naturally imports little belief of him : which if the people once perceive , they will take their creed also , not from the magistrates law , but his example . hence in england , where religion has been still purifying , and hereupon almost alwaies in the fire and furnace ; atheists , and irreligious persons have took no small advantage from our changes . for in king edward the sixts time , the divine worship was twice altered in two new liturgies . in the first of queen mary , the protestant religion was persecuted with fire and faggot , by law and publick counsel , of the same persons , who had so lately established it . upon the coming in of queen elizabeth , religion was changed again , and within a few daies the publick council of the nation made it death for a priest to convert any man to that religion , which before with so much eagerness of zeal had been restored . so that it is observed by an author , that in the space of twelve years there were four changes about religion made in england , & that by the publick councill , and authority of the realm , which were more than were made by any christian state throughout the world in fifteen hundred years before . hence it is that the enemies of god take occasion to blaspheme , and call our religion statisme : and now adding to the former , those many changes that have hapned since , j am afraid we shall never be able to claw off that name . nor , though we may satisfie our own consciences in what we professe , to repell and cleare off the objections of the rational world about us , which not being interested in our changes as we are , will not judge of them as we judge : but debate them by impartiall reason , by the nature of the thing , the generall practise of the church ; against which new lights , suddain impulses of the spirit , extraordinary calls , will be but weak arguments to prove any thing but the madnesse of those that use them , and that the church must needs wither , being blasted with inspiration . we see therefore how fatall and ridiculous innovations in the church are : and indeed when changes are so frequent , it is not properly religion , but fashion . this j think we may build upon as a sure ground , that where there is continuall change , there is uncertainty , and uncertainty in religion , is a sufficient reason , if not to deny , yet to doubt of its truth . thus much for the first doctrine , j proceed now to the second , viz. that the next , and most effectuall way to destroy religion , is to embase the teachers and dispencers of it . in the handling of this j shall shew , 1. how the dispensers of religion , the ministers of the word are embased or rendred vile . 2. how the embasing or vilifying them is a means to destroy religion . 1. for the first of these , the ministers and dispencers of the word are rendred base or vile two waies . 1. by devesting them of all temporall priviledges , and advantages , as inconsistent with their calling . it is strange since the priests office heretofore was alwaies splendid , and almost regall , that it is now looked upon as a piece of religion , to make it low and sordid . so that the use of the word minister is brought down to the signification of it , a servant : for now to serve and to minister , servile and ministeriall , are termes equivalent . but in the old testament the same word signifies a priest , and a prince , or cheif ruler : hence , though wee translanslate it priest of on , 41 gen. 45. and priest of midian , 3 exod. 1. and , as it is with the people so with the priest , 24 isa. 2. iunius and tremellius render all these places not by sacerdos , priest , but by praeses , that is , a prince , or at least a chief counsellour , or minister of state. and it is strange , that the name should be the same , when the nature of the thing is so exceeding different . the like also may be observed in other languages , that the most illustrious titles are derived from things sacred , and belonging to the worship of god. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it was the title of the christian caesars , correspondent to the latine augustus , and it is derived from the same word that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , cultus , ●es sacra , or sacrificium . and it is usuall in our language to make sacred , an epithete to ma●esty : there was a certaine royalty in things sacred . hence the apostles , who i thinke was no enemy to the simplicity of the gospel , speaks of a royall priesthood , 1 pet. 2.9 which shews at least , that there is no contradiction or impiety in those tearmes . in old time , before the placing this office onely in the line of aaron , the head of the family , and the first-borne offered sacrifice for the rest , that is , was their priest. and we know that such rule and dignity belonged at first to the masters of families , that that they had ius vitae & necis , jurisdiction and power of life and death in their own family , and from hence was derived the beginning of kingly government ; a king being onely a civill head , or master of a politick family , the whole people ; so that we see the same was the foundation of the royall and sacerdotall dignity . as for the dignity of this office among the jews , it is so pregnantly set forth in holy writ , that it is unquestionable . kings and priests are still mentioned together , in the 2 lamen . 6. the lord hath dispised in the indignation of his anger , the king and the priest , 5 hosea 2 , hear o priests , and give ear o house of the king. 17 deut. 12. and the man that does presumptuously , and will not hearken unto the priest that standeth there to minister before the lord thy god , or unto the iudge , even that man shall dye . hence paul , together with a blow , received this reprehension , act. 5.4 . revilest thou gods high priest ? and paul in the next verse does not defend himselfe , by pleading an extraordinary motion of the spirit , or that hee was sent to reforme the church , and might therefore lawfully vilifie the priesthood , and all sacred orders ; but in the 5. v. he makes an excuse , and that from ignorance , the onely thing that could take away the fault ; namely , that he knew not that he was the high priest , and subjoines a reason which further advances the truth here defended : for it is written thou shalt not speak evil of the ruler of thy people . to holy writ we might adde the testimony of iosephus of next authority to it in things concerning the jews , who in sundry places of his history , sets forth the dignity of the priests , and in his second book against appion the grammarian , he has these words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the priests were constituted judges of all doubtfull causes . hence iustire also in his 36 booke has this , semper apud iudaeos mos fuit , ut eosdem reges & sacerdotes , haberent : though this is false , that they were alwaies so , yet it argues that they were so frequently , and that the distance between them w●s not gre●t . to the jews we may joyne the egyptians , the first masters of learning and philosophy . synesius in his 57 epist. having shewen the generall practise of antiquity , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , gives an instance in the jews and egyptians , who for a many ages , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , had no other kings but priests . next we may take a view of the practise of the romans : numa pompilius , that civilized the fierce romans , is reported in the 1. book of livy , sometimes to have performed the priests office himself . tum sacerdotibus creandis animum adjecit , quamquàm ipse plurima sacra obibat , but when he made priests , hee gave them a dignity almost the same with himself . and this honour continued together with the valour and prudence of that nation . for the success of the romans did not extirpate their religion . the colledge of the priests being in many things exempted even from the jurisdiction of the senate , afterwards the supream power . hence iuvenal in his 2. sat. mentions the priesthood of mars , as one of the most honourable places in rome . and iul. caesar who was chose priest in his minority , thought it not below him to continue the same office when he was created absolute governour of rome under the name of perpetuall dictator . adde to these the practise of the gaules mentioned by caesar in his 6. book de bello gallico , where he saies of the druides , who were their priests , that they did judge de omnibus ferè controversiis publicis privatisque . see also homer in the 1. book of his iliads representing chryses the priest of apollo with his golden scepter , as well as his golden censer . but why have i produced all these examples of the heathens ? is it to make these a ground of our imitation ? no , but to shew , that the giving honour to the priesthood , was a custome universall amongst all civilized nations : and whatsoever is universall , is also naturall , as not being founded upon compact , or the particular humours of men , but flowing from the native results of reason : and that which is natural , neither does nor can oppose religion . but you will say , this concernes not us , who have an expresse rule and word revealed . christ was himself poor and despised , and withall has instituted such a ministery . to the first part of this plea i answer ; that christ came to suffer , yet the sufferings and miseries of christ , does not oblige all christians to undertake the like . for the second , that the ministery of christ was low , and despised by his institution , i utterly deny . it was so indeed by the malice and persecution of the heathen princes , but what does this argue or inferre for a low , dejected ministery in a flourishing state , which professes to encourage christianity ? but to dash this cavill , read but the practise of christian emperours and kings all along down from the time of constantine , in what respect , what honour and splendour they treated the ministers , and then let our adversaries produce their puny , pittifull arguments for the contrary , against the generall , clear , undoubted vogue and current of all antiquity . as for two or three little countries about us , the learned and impartiall will not value their practice ; in one of which places the minister has been seen , for meer want to mend shooes on the saturday , and been heard to preach on the sunday . in the other place , stating the severall orders of the citizens , they place their ministers after their apothecaries : that is , the physician of the soul after the drugster of the body : a fit practice for those , who if they were to ranck things as well as persons , would place their religion after their trade . and thus much concerning the first way of debasing the ministers and ministery . 2. the second way is by admitting ignorant , sordid , illiterate persons to this function . this is to give the royall stamp to a piece of lead . i confesse , god has no need of any mans parts , or learning ; but certainly then , he has much lesse need of his ignorance , and ill behaviour . it is a sad thing when all other employments shall empty themselves into the ministery : when men shall repair to it , not for preferment , but refuge ; like malefactors , flying to the altar onely to save their lives ; or like those of ely's race , 1 sam. 2.36 . that should come crouching , and seek to be put into the priests office , that they might eat a piece of bread. heretofore there was required splendour of parentage to recommend any one to the priesthood , as iosephus witnesses in a treatise that he wrote of his owne life ; where he sayes , to have right to deale in things sacred , was amongst them accounted an argument of a noble and illustrious descent . god would not accept the offals of other professions . doubtlesse many rejected christ , upon this thought , that he was the carpenters sonne , who would have embraced him , had they known him to have been the sonne of david . the preferring undeserving persons to this great se●vice , was eminently ieroboams sin ; and how ieroboams practise and offence has been continued amongst us in another guise , is not unknown : for has not learning unqualified men for approbation to the ministery ? has not parts and abilities been reputed enemies to grace , and qualities no wayes ministeriall ? whiles friends , faction , well-meaning , and little understanding , have been accomplishments beyond study and the university ; and to falsifie a story of conversion , beyond pertinent answers and clear resolutions to the hardest and most concerning questions . so that matters have been brought to this passe , that if a man amongst his sonnes had any blind , or disfigured , he laid him aside for the ministery , and such an one was presently approved , as having a mortified countenance . in short , it was a fierie furnace , that often approved drosse , and rejected gold. but thanks be to god , those spirituall wickednesses are now discharged from their high places . hence it was , that many rushed into the ministery , as being the onely calling that they could profess , without serving an apprentiship . hence also we have had those that could preach sermons , but not defend them . the reason of which is clear , because the works and writings of learned men might be borrowed , but not their abilities . had indeed the old leviticall hierarchy still continued , in which it was part of the ministerial office to slay the sacrifices , to cleanse the vessels , to scoure the flesh-forks , to sweep the temple , and carry the filth and rubbish to the brook kidron . no persons living had been sitter for the ministery , and to serve in this nature at the altar . but since it is made a labour of the mind ; as to inform mens judgements , and move their affections , to resolve difficult places of scripture , to decide and clear off controversies , i cannot see how to be a butcher , scavinger , or any other such trade , does at all qualifie , or prepare men for this work . but as unfit as they were , yet to clear a way for such into the ministery , wee have had almost all sermons full of gibes and scoffs at humane learning . away with vain philosophy , with the disputer of this world , and the enticing words of mans wisdome , and set up the foolishnesse of preaching , the simplicity of the gospel : thus divinity has been brought in upon the ruines of humanity ; by forcing the words of the scripture from the sense , and then haling them to the worst of drudgeries , to set a ius divinum upon ignorance and imperfection , and recommend naturall weakness for supernaturall grace . hereupon the ignorant have took heart to venture upon this great calling , and instead of cutting their way to it , according to the usuall course , through the knowledge of the tongues , the study of philosophy , school-divinity , the fathers and councils , they have taken another , and a shorter cut , and having read perhaps a treatise or two upon the heart , the bruised reed , the crums of comfort , wollebius in english , and some such other little authors , the usuall furniture of old womens closets , they have set forth as accomplished divines , and forthwith they present themselves to the service ; and there has not been wanting ieroboams , as willing to consecrate , and receive them , as they to offer themselves . and this has been one of the most fatall , and almost irrecoverable blows that has been given to the ministery . and this may susfice concerning the second way of embasing gods ministers ; namely , by entrusting the ministery with raw , unlearned , ill-bred persons , so that what solomon speaks of a proverb in the mouth of a fool , the same may be said of the ministery vested in them , that it is like a pearle in a swines snout . i proceed now to the second thing proposed in the discussion of this doctrine , which is to shew , how the embasing of the ministers tends to the destruction of religion . this it does two wayes . 1. because it brings them under exceeding scorn and contempt ; and then let none think religion it self secure : for the vulgar have not such logicall heads as to be able to abstract ; such subtile conceptions , as to separate the man from the minister , or to consider the same person under a double capacity , and so honour him as a divine , while they despise him as a poor but suppose they could , yet actions cannot distinguish as conceptions doe , and therefore every act of contempt it strikes both , and unavoydably wounds the ministery through the sides of the minister . and wee must know , that the least degree of contempt weakens religion , because it is absolutely contrary to the nature of it , religion properly consisting in a reverentiall esteem of things sacred . now that which in any measure weakens religion will at length destroy it : for the weakning of a thing is onely a partiall destruction of it . poverty and meanesse of condition is exposes the wisest to scorn ; it being naturall for men to place their esteem , rather upon things great than good ; and the poet observes that this infelix & paupertas has nothing in it more intolerable than this , that it renders men ridiculous . and then how easie and naturall it is for contempt to passe from the person to the office , from him that speaks , to the thing that he speaks of , experience proves . counsell being seldome valued so much for the truth of the thing , as the credit of him that gives it . observe an excellent passage to this purpose in the 9 eccl. 14.15 . wee have an account of a little city with few men in it , besieged by a great and potent king , and in the 15. v. we read , that there was found in it a poor wise man , and he by his wisdome delivered the city . a worthy service indeed , and certainly we may expect that some honourable recompence should follow it ; a deliverer of his country , and that in such distresse , could not but be advanced : but we finde a contrary event in the next words of the same verse , yet none remembred that same poor man ? why ? what should be the reason ? was he not a man of parts and wisdome ? and is not wisdome honourable ? yes , but he was poor : but was he not also succesfull as well as wise ? true ; but still he was poor : and once grant this , and you cannot keep off that un●voydable sequel in the next verse , the poor mans wisdome is despised , and his wo●d● are not heard . wee may believe it upon solomons word , who was rich , as well as wise , and therefore knew the force of both : and probably had it not been for his riches , the queen of sheba would never have came so farre onely to have heard his wisdome . observe her behaviour when she came . though upon the hearing of solomons wisdome , and the resolution of her hard questions she expressed a just admiration , yet when solomon afterward shew her his palace , his treasures , and the temple which hee had built , 1 king. 10. c. 5. v. it is said , there was no more spirit in her . what was the cause of this ? certainly the magnificence , the pomp and splendour of such a structure : it struck her into an extasy beyond his wise answers . she esteemed this as much above his wisdome , as astonishment is beyond bare admiration . she admired his wisdom , but she adored his magnificence . so apt is the mind , even of wise persons , to be surprised with the superficies , or circumstance of things , and value , or undervalue spirituals , according to the manner of their externall appearance . when circumstances faile , the substance seldome long survives ; cloathes are no part of the body , yet take away cloathes , and the body will dye . livy observes of romulus , that being to give laws to his new romans , he found no better way to procure an esteem and reverence to them , but by first procuring it to himselfe , by splendour of habit and retinue , and other signes of royalty . and the wise numa , his successor took the same course to enforce his religious laws , namely , by giving the same pomp to the priest who was to dispense them . sacerdo●em creavit , insignique eum veste , & curuli regiâ sollâ adornavit . that is , he adorned him with a rich robe , and a royall chair of state. and in our judicatures take away the trumpet , the scarlet , the attendance , and the lordship , which would be to make justice naked , as well as blind , the law would lose much of its terror , and consequently of its authority . let the minister be abject and low , his interest inconsiderable , the word will suffer for his sake : the message will still find reception according to the dignity of the messenger . imagine an ambassadour presenting himselfe in a poor freeze jerkin , and tattered cloathes , certainly he would have but small audience , his embasy would speed rather according to the meaness of him that brought , than the majesty of him that sent it . it will fare alike with the ambassadours of christ , the people will give them audience according to their presence . a notable example of which we have in the behaviour of some to paul himselfe , 1 cor. 10. c. 10. v. hence in the jewish church it was cautiously provided in the law , that none that was blind or lame , or had any remarkable defect in his body , was capable of the priestly office : because these things naturally make a person contemned , and this presently reflects upon the function . this therefore is the first way by which the low , despised condition of the ministers , tends to the destruction of the ministery and religion : namely , because it subjects their persons to scorn , and consequently their calling : and it is not imaginable that men will be brought to obey what they cannot esteem . 2. the second way by which it tends to the ruine of the ministery is , because it discourages men of fit and raised abilities from undertaking it . and certaine it is , that as the calling dignifies the man , so the man much more advances his calling . as a garment , though it warmes the body , it has a returne with an advantage , being much more warmed by it . and how often a good cause may miscarry without a wise mannager ; and the faith for want of a defender , is , or at least may be known . 't is not the truth of an assertion , but the skill of the disputant that keeps off a baffle ; not the justnesse of a cause , but the valour of the souldiers that must winne the field . when a learned paul was converted , and undertook the ministery , it stopp'd the mouthes of those that said , none but poor , weak fisher-men preached christianity , and so his learning silenced the scandall , as well as strengthned the church . religion placed in a soule of exquisite knowledge and abilities , as in a castle , it finds not only habitation but defence . and what a learned forrein divine said of the english preaching , may be said of all , plus est in artifice quàm in arte. so much of moment is there in the professors of any thing , to depresse , or raise the profession . what is it that kept the church of rome strong , athletick , & flourishing for so many centuries , but the happy succession of the choicest wits engaged to her service by suitable preferments ? and what strength doe we think would that give to the true religion , that is able thus to establish a false ? religion in a great measure stands or falls according to the abilities of those that assert it : and if , as some observe , mens desires are usually as large as their abilities , what course have we took to allure the sormer , that we might engage the latter to our assistance . but we have tooke all wayes to affright and discourage schollars from looking towards this sacred calling : for will men lay out their wit and judgment , upon that employment , for the undertaking of which , both will be questioned ? would men not long since have spent toylsome dayes and watchfull nights in the laborious quest of knowledge preparative to this work , at length to come and dance attendance for approbation from a iuncto of petty tyrants , acted by party and prejudice , who denyed fitness from learning , and grace from morality ? will a man exhaust his livelyhood upon bookes , and his health , the best part of his life upon study , to be at length thrust into a poor village , where he shall have his due precariously , and entreat for his own , and when he has it , live poorly & contemptibly upon it , while the same or lesse labour bestowed upon any other calling , would bring not only comfort , but splendor , not only maintenance but abundance ? 't is i confess the duty of ministers to endure this condition : but neither religion nor reason does oblige either them to approve , or others to choose it . doubtlesse parents will not throw away the towardness of a child , and the expence of education upon a profession whose labour is encreased , and whose rewards vanished . to condemne promising lively parts to contempt , and penury in a despised calling . what is it elss but the casting of a moses into the mud , or to offer a son upon the altar : and instead of a preist to make him a sacrifice . neither let any here reply , that it becomes not a ministeriall spirit to undertake such a calling for reward ? for they must know , that it is one thing to undertake it for a reward , and not to be willing to undertake it , without one : it is one thing to performe good workes only that we may receive the recompence of them in heaven , & another thing not to be willing to follow christ and forsake the world if there were no such recompence . but besides , suppose it were the duty of scholars to chuse this calling in the mid'st of all its discouragements . yet a prudent governour , who knowes it to be his wisdom as well as his duty , to take the best course to advance religion , will not consider mens duty , but their practice : not what they ought to doe , but what they use to doe : and therefore draw over the best qualified to this service , by such wayes , as are most apt to perswade and induce men . solomon built his temple with the tallest cedars : and surely when god refused the defective , and the maimed for sacrifice , we cannot thinke that he requires them for the priesthood . when learning , abilities , and what is excellent in the world forsake the church , we may easily foretell its ruine without the gift of prophesy . and when ignorance succeeds in the place of learning , weakness in the roome of judgment , we may be sure , heresye and confusion will quickly come in the roome of religion . for undoubtedly there is no way so effectuall to betray the truth , as to procure it a weak defender . well : now instead of raising any particular uses from the point , that has been delivered , let us make a breif recapitulation of the whole . government , we see depends upon religion , and religion upon the encouragement of those that are to dispence , and assert it . for the further evidence of which truths we need not travell beyond our own borders ▪ but leave it to every one impartially to judge , whether from the very first day that our religion was unsettled , and church government flung out of doores , the civill government has ever been able to fix upon a sure foundation . we have been changing even to a proverb . the indignation of heaven has been rolling and turning us from one form to another , till at length such a giddiness seazed upon government , that it fell into the very dreggs of sectaryes , that threatned an equall ruin both to the minister and magistrate . and how the state has symphathized with the church , is apparent . for have not our princes , as well as our preists bin of the lowest of the people ? have not coblers , draymen , mechanicks governed , as well as reached ? nay have not they by preaching come to govern ? was ever that of solomon more verified , that servants have rid , while princes , and nobles have gone on foot ? but god has bin pleased by a miracle of mercy to dissipate this confusion and chaos , and to give us some openings , some dawnings of liberty and settlement . but now let not those that are to rebuild our jerusalem , thinke that the temple must be built last . for if there be such a thing as a god , and as religion , as , whether men beleive it or no , they will one day find and feele , assuredly he will stop our liberty , till we restore him his worship . besides , it is a senceless thing in reason , to think that one of these interests can stand without the other , when in the very order of naturall causes , government is preserved by religion . but to return to ieroboam with whom we first began . he laid the foundation of his government in destroying , though doubtless he coloured it with the name of reforming gods worship : but see the issue . consider him cursed by god ; maintaining his usurped title , by continuall vexatious warres against the kings of judah ; smote in his posterity , which was made like the dung upon the face of the earth , as low and vile as those preists whom he had imployed . consider him branded , and made odious to all after ages . and now when his kingdome , and glory was at an end ; and he and his posterity rotting under ground , and his name stinking above it . judge what a worthy prize he made in getting of a kingdome , by destroying the church . wherefore the summ of all is this ; to advise and desire those whom it may concern , to consider ieroboams punishment , and then they will have little heart to ieroboams sinne . finis . a compleat parson: or, a description of advovvsons, or church-liuing wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. with many other things concerning the same matter, as they were deliuered at severall readings at new-inne, / by i. doderidge, anno, 1602, 1603. and now published for a common good, by w.i. doddridge, john, sir, 1555-1628. 1630 approx. 147 kb of xml-encoded text transcribed from 51 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a20574 stc 6980 estc s109763 99845408 99845408 24643 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a20574) transcribed from: (early english books online ; image set 24643) images scanned from microfilm: (early english books, 1475-1640 ; 591:8 or 1708:20) a compleat parson: or, a description of advovvsons, or church-liuing wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. with many other things concerning the same matter, as they were deliuered at severall readings at new-inne, / by i. doderidge, anno, 1602, 1603. and now published for a common good, by w.i. doddridge, john, sir, 1555-1628. w. i., 17th cent. [8], 95, [1] p. printed by b[ernard] a[lsop] and t[homas] f[awcet] for iohn groue, and are to bee sold at his shop at furniuals inne gate, london : 1630. the first leaf is blank except for signature-mark "a" between two rows of ornaments. quires b-e are in two settings. b1r, line 8 has (1) "divisions" or (2) "diuisions"; c1v, last line ends (1) "ei-" or (2) "ey"; d1r, first line has (1) "he" or (2) "hee"; e1v, first word is (1) "escheate" or (2) "escheat". identified as stc 6980a at reel 591:8. reproductions of the original in the folger shakespeare library and harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan 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for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ecclesiastical law -great britain -early works to 1800. 2006-09 tcp assigned for keying and markup 2006-09 apex covantage keyed and coded from proquest page images 2008-06 taryn hakala sampled and proofread 2008-06 taryn hakala text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a compleat parson : or , a description of advowsons , or church-liuing . wherein is set forth , the intrests of the parson , patron , and ordinarie , &c. with many other things concerning the same matter , as they were deliuered at severall readings at new-jnne , by i. doderidge , anno , 1602 , 1603. and now published for a common good , by w. j. london . printed by b. a. and t. f. for iohn groue and are to bee sold at his shop at furniuals jnne gate . 1630. to the reader . bookes that are not able to protect themselues , may require large preface and dedication , this needeth none , it teacheth the law , and therefore cannot feare any informer ; errors of the print may here and there offer themselues , but for any other , the honourable name of him ( to whom posteritie shall thankfully acknowledge a debt for his worke ) in the very title page is able to vindicate . if thou beest a caviel , yet bee not too quicke at censure , satisfie thy ambition for the present with a readers place ; thou mayest in time come to bee a iudge , which euery man is not borne too . farewell . the contents of the lectures ensuing . lect . 1. the name , nature , divisions , consequents , causes and incidents of advowsons or patronages . fol. 1 2 the right that both the patron and ordinarie hath ioyntly to intermeddle with the church . fol. 10 3 the seuerall intrests of the patron and ordinarie , and what it is . fol 16 4 what manner of inheritance an advowson is . fol. 19 5 the word right , and the word advowson explained , and to what inheritance an advowson may bee appendant originally . fol. 24 6 to what things an advowson may bee appendant secondarily . fol 30 7 in what manner advowsons are appendant to a mannor . fol. 35 8 if an advowson appendant , that consists of demesnes and seruices , shall bee appendant in respect of the demesnes onely , or in respect of the demesnes and seruices . fol. 42 9 how an advowson may bee seuered from the principall , and by what meanes it may bee reconnexed thereunto againe . fol. 47 10 of advowsons in grosse . fol 54 11 of advowsons pattly appendant , partly in grosse . fol. 58 12 what presentation is and what is the effect and fruit thereof , and in what manner presentation and nomination differ . fol 62 13 the things incident to presentation prosecuted , who may present , what parsons may be presented , to whom the presentation must bee made , and the manner thereof . fol. 70 14 the two first particuler causes of avoydance of churches , v. z. is eyther temporall , as death ; or spirituall , as depriuation ; the one of it selfe being manifest , and the other a discharge of the dignitie or ministerie . fol. 73 15 the third particuler cause of avoydance , being spirituall , is resignation . fol. 78 16 the last speciall meanes in avoydance of spirituall promotions presentatiue , is creation . fol. 86 a compleat parson : or , a description of advovvsons . lect . 1. the name , nature , divisions , consequents , causes and incidents of advowsons or patronages . forasmuch as wee are said to know , cum causas cognoscimus , and seeing hee laboureth in vaine , that seeketh to apprehend the knowledge of the accident , which is ignorant of the substance : and seeing nothing setteth out the nature of the thing , but the description and definition , and that omnis quae à ratione suscipitur , de re aliqua , institutio , debet à definitione proficisci , vt intelligatur quid sit id de quo disputatur : i will begin as good order requireth , with the description of an advowson , that the nature thereof being knowne , wee may the better obserue , the coherence and congruence of this kind of learning . an advowson therefore generally considered , is a right that a man hath , to preferre his friend , or any fit person , to promotion presentatiue , or donatiue . this definition is generall , and may be attributed to all persons , whereof a man may haue a quare imp : if hee be disturbed ; for , the writs mentioned in the statute , lyeth not onely of dignities presentatiue by the course of the common law , but also of promotions donatiue by this statute : as chaunteries donatiue , * free chappels , &c. also it lyeth , of a subdeaconship , or hermitage , which also may bee donatiue , and this is grounded vpon the words of the statute , de cetero concedantur brevia de cappillis , prebendis , vicarijs , hospitalibus , abbatis quae prius concedi non consueuerunt ; yet neuerthelesse , i read that a quare imp : was maintained of a chappell , by the common law , but such a chappell ( perchance ) was presentatiue , and not donatiue . promotions presentatiue ( whereof the writs are mentioned in the statute ) were maintained at the common law ; as churches , chaunteries , and chappels presentatiue , and such like . and therefore as the afore-specified definition , or description is generall , and appliable to both : so are those subsequent , more properly to be applied to churches advowsons , in which are cures of soules . an advowson , or as the terme , ius patronatus est potestas presentandi aliquem instituendū ad beneficium ecclesiae simplex & vacans : and of other respects , the causes and incidents of advowsons , is described more amply in such manner , ius patronatus , est ius honorificum , onerosum , & vtile . in effect this : a patronage , or an advowson , is a right to present to the bishops or ordinarie a fit person , by him to bee admitted and instituted into a spirituall benefice when it becommeth voyd : and hee that hath such right to present , is called patron : who is thus described , patronus est defensor ecclesiae , qui habet ius presentandi episcopo aliquem vel aliquos in aliqua ecclesia & in ea ab eo instituatur . and hee is so called , de patrocinio , of defence : for that , that hee should defend the church , or à similitudine patris , quia sicut pater filium , sic patronus ecclesiam , de non esse , deducit ad esse . hee is called of old glanvile , advocatus ; as that he should say , an advocate of the causes of the church , and therefore the inheritance is called advocatio , or advowson , or is deuised de vocando : for that , that the patron hath power , for the presentment of a fit person , by the name of his presentation . and heere by the way , let no man thinke , that i thrust my selfe in messem alienam , and to borrow of the cannonists , as well now the description and etimologie before shewed , and after also , to fetch from them more high matter . but let such curious carpers , ( if any bee ) remember the speech of asliton , * who affirmeth , that euery advowson , and right of patronage , dependeth vpon two lawes , that is to say ; the law of holy church , and our lawes , so that the true determination of such learning , is as hee saith ; per ius mixtum , by both lawes ; that is , ecclesiasticall , and temporall : and therefore , when wee purpose to seeke the right intelligence , or true vnderstanding of any things in this kind of learning , wee must of necessitie bee beholden to them . but to returne where wee digressed . the materiall causes and subiects , in which this learning dependeth , are the things before mentioned . as churches , chaunteries , and chappels presentatiue , and such like . churches are of three sorts cathedrall , collegiall , and patrochiall . a cathedrall church , is the seate or church of a bishop , and therefore he onely may be said incumbent thereof . collegiall or conuentuall churches , are such , as in times past , haue beene in priories ; abbies , or such like , and are still in colledges . patrochial churches , are well knowne , and are those , ad quem plebs convenit ad percipienda sacramenta baptismatis & corporis christi vnde pabulum ad animas sustentandas libere suscipiunt , for the incumbent thereof , is onely charged with the cure of soules . and it is commonly called by the name of rectorie , which is into two sorts diuided , being eyther a parsonage , or a vicarage . and so much briefly , for the name , matter , and substance of advowsons . the former cause or manner of this inheritance , yeeldeth forth the vsuall and ordinarie distinctions of advowsons , to bee eyther appendant , or in grosse , or part appendant , part in grosse , eyther for a certaine time , or in respect of certaine persons . the efficient causes of a parsonage , are 1. ratione dotationis . 2. ratione fundationis . 3. ratione fundi . ratione dotationis , is , when hee , or those from whom he deriues his interest , endowed the same church . ratione fundationis , is , when he or his ancestors , or those from whom he claimes his interest , were founders of the same church . ratione fundi , is , when the church was built vpon his or their land , from whom he deriues his interest ; or all three together , as appeareth by the verse , vsed amongst the cannonists . patronum faciunt dos , edificatio , fundus . the vsuall cause or causes , why patronages of churches are giuen by the law , and bestowed vpon lay-men ; is , and were , vt inducantur laici ad fundationem , constructionem , & desetionem ecclesia . the fruit and effect of a parsonage , consisteth in those three things honos . onus , & vtilitas . the honour attributed to a patron , consisteth in his right of presentment . in the discourse whereof , i shall afterward consider , what is required , before the same can bee attempted : then what the nature of presentation is ; and lastly , what is required for the making of a full and perfect incumbent . before the presentation can bee lawfully made , it is meet that the church become void , and of avoidance , our law taketh notice , the same being triable thereby . the manner and meanes how an avoydance groweth , is eyther temporall , or spirituall . 1 temporall , by the death of the incumbent . 2 spirituall , and this is in diuers manners ; that is to say , by resignation , depriuation , creation , session , and entrie into religion . as touching presentation , we are to see ; first , what it is , then who shall present , afterwards what person may be presented , and last of all in what manner the same must be done . those things , that are required to make a perfect incumbent , after the presentation had , dependeth vpon the dutie of the ordinarie ; as first , admission , which requireth examination of the clarke , whereupon sometime ensueth a refusall , and thereupon , either notice , or no notice ( as the case requireth ) is to be giuen to the patron . if the clarke be admitted , then , he must bee instituted , wee are then to see , what institution is , and what is the effect thereof , vpon which ought to ensue induction thereinto , likewise we must see , what it is , by whom it is to bee performed , and what it doth import . if the patron be remisse , and doth not present within the time limitted , then incurreth the lapps of the patron , to the bishop , and from the bishop , to the metropolitan , and from him to the crowne , where it resteth , but if the bishop take his time , then is his presentation a collation , and in the right of the patron himselfe . 2 the second effect of a personage , ( which is onus , ) resteth onely in the defence of the churches possessions , to which the patron and ordinarie by aide prayer , are to bee called by the incumbent , for the defence of the same , to auoid such charges and incumbrances , as are vnduly laid thereupon . 3 as touching the third , which is vtilitie , we haue not any thing to doe with it , in our law , but we must leaue the consideration thereof , to the cannon law , for this vtilitie is imployed for the sustentation of the patron ; for if hee or his posteritie being patrons doe fall to decay , then the incumbent of the fruites of the church by compulsarie censure , of the ordinarie , according to that law , is to be enforced to make contribution to them . all writs concerning this kind of inheritance are either giuen to the patron , or incumbent . writs giuen to the patron are of two sorts , for either he demandeth his inheritance , or presentation , against the possessor , of the patronage , or hee attempts suit against the ordinarie , for either not doing , or doing his duty vnduly . in euery action brought against him that pretendeth possession , it is to be intended , that eyther he is lawfully or vnlawfully possessed . the vnlawfull possessor , is the vsurper , against whom onely lyeth three writs , which the statute speaketh of , namely ; one of the right , as the writ of right of advowson , and the other two of the possession , as a quare imp : and darraigne presentment . against the lawfull possessor , lyeth the writ of dower , for the wife of him that dyed seized of such estate as she might ●e endowed of , and a cessavit of the land against the tenant . but no formedon lyeth for the issue in taile in discender , nor for any in the remainder , nor for the donor in the re●●rter ; for that , that if the advowson be in grosse it cannot properly be discontinued , and being appendant it is to bee recontinued by the same meanes , that the land to which it is appendant , is to be recovered . the incumbent as touching his right for his rectorie , hath the onely writ of iuris vtrun● , and for his possession , any other possessarie action . for if another happen ( during his presentation ) to be presented by the same patron , or doe come into the same church , by course of the law , so that the patronage commeth into debate , their lyeth a spoliation , it being a suite in the spirituall court , lect . 2. the right that both the patron and ordinarie hath ioyntly to intermeddle with the church . in the former lecture or reading , hauing deliuered in the proiect , a discourse of advowsons , briefly discouering their name , nature , divisions , consequents , causes , effects and incidents of the patronage : now it remaineth in like manner to prosecute euery of those parts , then but pointed at , with a more large and ample explication . first therefore , it is to be considered , that in euery benefice three persons haue intrest . that is to say , the parson hath a spirituall possession . the ordinarie to see the cure serued ; and the patron hath ius presentandi . hence it is that i haue said , that a patronage is a right of presentation ; therefore it is called , ius patronatus ; not a power , nor an authoritie onely , but a right , intrest , or an inheritance : the word ius or right , is diuersly intended , sometimes strictly , to signifie what is left a man , when that , that was once his owne is wrongfully taken from him , as by disseisin or such like . in which sence , the word droit and tort , are priuatè opposita , and is thus deuided ; to be either right of action , or right of entrie ; sometimes , in a more ample signification , as ius habendi , ius possessendi , ius disponendi , by which occasion i purpose at this time to discusse , whether the patron and ordinarie haue right in the rectorie or benefice , and what manner of right it is that they haue ; their right is called collaterall , as wee read , and not habendi , nor possessendi , nor retinendi ; for none of them , can haue , retaine , or possesse the church or rectorie , but their right is , ius disponendi , wherein euery of them hath a particuler charge to the possessions of the church , so free as that hee may maintaine such a one as is thereinto to be presented . that they haue a kind of disposition in them , it is proued by many reasons : 1. no charge can be founded to be laid vpon the church in perpetuity , to bind their successors , but the patron and ordinarie must be made parties thereunto as all our bookes agree , and litleton giues a notable reason for it . vv ch is , that if the charge be perpetual , the consent of all 3. ought to concurre , of which ensueth thus much , that if a writ of anuitie be brought against the parson , and he prayeth in aide of the patron and ordinarie and the patron maketh default , and the ordinarie appeareth , and confesseth the action ; or if the ordinarie make default , and the patron appeare , and confesseth the action , that this anuitie shall not bind the successor : but if they both appeare and one of them confesse the action , and the other faith not any thing , it shall bind the rectorie in perpetuitie . for qui tacet consentire videtur . but if the parson onely with the consent of the ordinarie for tythes or other consideration executorie , charge the church in perpetuitie , it shall bee good , without the consent of the patron , as well as if the consideration executorie had remained . secondly it followeth , that the charge of the parson , patron and ordinarie , shall bind in like manner as their intrest is . but if a man haue an advowson for yeares , and the parson by the consent of such patron and ordinarie , grant rent charge in fee , if the parson dye within the terme , & the termor of the advowson presents another , & the terme expireth , quere if then the anuity shal be deliuered , but it seemeth by some that it shall be deliuered ; for that , that this incumbent was not the party , that made the grant , and therefore he should not hold it charged any longer , then during the intrest of the patron . and therefore if two joyntenants in common , or parceners be of an advowson , who agreeth to present by turne , if the person ioyne in grant of a rent charge in fee , with one of them , the parson shall bee charged and also his successors ( alterius vicibus ) for euer ; because , those successors ( that commeth in ) by him that made the charge , shall bee subiect to it onely , and those that commeth in by the presentation of the patron , that neither ioyned nor confirmed , the same shall hold their land discharged for euer . also , such anuitie with which the rectorie is charged , doth not properly charge the land but the parson ; for , if the grantee enter into any part of the gleebe , hee shall not suspend the rent or anuitie . and if the parson , patron , and ordinarie , ioyne in a graunt of an anuitie to s. h. and his heires , except they speake of the successors of the parson , and that the same be granted for the parson and his successors , this cannot be good longer then forthe time , that the parson that granted the same , continueth parson ; for an anuitie is nothing but a parsonall dutie , and no otherwise . and if such an anuitie bee granted ouer , it is not needfull to haue atturnment ; all which proueth , that the same chargeth not the land , but the parson ; yet neuerthelesse , the parson is charge , for if the grantor assigne or be remoued by any meanes whatsoeuer , the charge followeth not his parson , but resteth vpon his successors , and the iurie may bee taken of the towne where the church is , which proueth that such graunt chargeth the parson in respect of the land. moreouer , when the patron and ordinarie , confirmeth the graunt of the parson , it is requisite that the confirmation be made , during such time , as he is incumbent that made the charge ; for if hee die , be remoued , resigue , or otherwise be deptiued before the confirmation , such confirmation is voyd notwithstanding . if an incumbent grant rent charge , to begin after his death out of his rectorie , and the patron and ordinarie confirmeth the same , this is good for so long time as it is graunted . the second principall reason , to proue the intrest they haue to the church or rectorie , is , that all three may charge the church in perpetuitie , so may the patron and ordinarie doe onely in time of vacation , which charge shall bind the successor for euer . because none hath intermedling with the rectorie , but the grauntors aforesaid . the third principall reason ; is this , that as the patron and ordinarie in time of vacation , may charge the church in perpotuitie , so they may make a release , by which any anuitie that chargeth the church or rectorie shall be extinguished , euen in the time of vacation . also , if a man hath an anuitie out of the church of s. and afterward this church is vnited to the church of d. and after the vnited church becomes void , if the grantee release in time of vacation to the patron , that was patron of the other church ; that is to say , of d. and to the ordinarie , such release shall not discharge the incumbent , because , it was not made to the patron of the church that was first charged , for although both the churches are vnited and become one , yet are their patronages distinct and seuerall ; moreouer , that intrest , that the patron and ordinary hath in the rectory , is but collaterall and ius disponendi , and no otherwise , as hath beene formerly said . for if an advowson discend to an infant , and the incumbent bee impleaded in a writ of anuitie , and prayeth ayde of the patron and ordinary , and for that , that the patron is within age , likewise prayeth that the parol may demurre vndiscussed during his nonage , this shall not bee granted ; but the in●ant in such case shall bee ousted of his age , because the charge lyeth vpon the parson , and not vpon the patron , or ordinary , who are not at any time to inioy the rectory themselues , but onely are to haue the disposition thereof . finally , to proue that it is meerely collaterall : if the patron & ordinary doe nothing but giue licence to the person to charge his rectory with an anuitie , this shall bee a good grant to charge the church in perpetuitie . for that , that it is not to any other free tenants a charge , but to the parson ; because neither the patron , nor the ordinarie can haue the church themselues , but onely to dispose and bestow the same , vpon some other ; neuertheles , such assent ought to be by writing . lect . 3. the seuerall intrests of the patron and ordinarie , and what it is . in the lecture next before , i haue ●et forth to you the right that both the patron and ordinarie hath joyntly to intermeddle in the church ; now it remains , likewise that i declare their seuerall interests : therefore at this present , i intend to deliuer somthing touching the collateral intrest of the patron sole , and after to examine , what manner of inheritance an advowson is , and so to refetre the intrest of the ordinary sole to a more conuenient place when as we shall come to speake of admission and institution . what collaterall intrest alone , the patron hath in the church , may in brie●e thus be decyphered ; first , by the common law , ( before the statute of westminster second , ) as hee ought ▪ by the opinion of some men , to bring his writ of advowson , of the fift part or any lesse part of the tyth●s and oblations of the church in any suite of iudicauit , attempted against the presentee , or incumbent , that hath sued in the spirituall court for the recouerie of the same , and hath caused the patronage in this respect , to come into question , or as some men thinke he might haue had his writ of heres , as a precipe quod reddat advocationem quinque acrarum terrae , or one acre of land and such like ; for which cause the statute was made , to be a restraint for bringing the same writ , of any lesse part then of the fourth part of their tithes ; so that the statute in this behalfe , was but a restraint of the common law : which argueth , that the comparing of the rectorie , tendeth collaterally to be an impeachment and preiudice to the patron himselfe , and so importeth a collaterall intrest that the patron hath to the church . againe , by the graunt of the church the advowson passeth ; wherefore herle sayd in the first part of ed. 3. that it was not long since , when men knew not what an advowson was nor meant , but by the graunt of the church , they thought the advowson to be sufficiently conueyed in the law ; for , said hee , when they purposed to assure an advowson , their charter specified it in the gui●● of the church . moreouer , the king being patron , hath often ratified and confirmed the estate of the incumbent in a rectorie , that an vsurper had presented ; by meanes whereof , hee cannot remoue the same incumbent , vnlesse for some cause hee repeale his charter of confirmation . notwithstanding , if the king recouer by a quare imp : and after confirmeth the estate of the incumbent , that the vsurper presented , by meanes whereof , hee cannot be remoued ; at the next avoidance the king shall present , for the judgement giuen for him was not at any time executed , which also proueth the collaterall intrest , that the patron hath to the church ; for no parsons can lawfully confirme , but such as haue right to the thing confirmed . ancient bookes haue held , and that not without reason ; that an advowson hath such an affinitie with the church it selfe , to which it is granted , and to which it is a collaterall intrest ( as hath beene sayd ) that it should passe by liuerie of seism , made at the ring of the doore of the church ; and although by such meanes it passe not at this day , being meerely a thing that lyeth in graunt ; yet the same proueth the collaterall intrest of the patron to the church ; for this opinion holden in the bookes , is granted for the like reasons . in a writ of right of advowson , the parson shall bee summoned in the church , or at the doore of the church ; and if a villeine purchase an advowson in grosse , ( littleton saith ) full of an incumbent , the lord of the same villein may come to the same church and their claime , and the advowson shall be in him ; all which things added to the former , sufficiently proueth the collaterall intrest that the patron hath to the church . lect . 4. what manner of inheritance an advowson is . lecture 4 wee are now to consider , what manner of inheritance an advowson is ; wherfore , let vs consider , that euery inheritance , is eyther : hereditas corporata , or incorporata . hereditas corporata , is a meadow , messuage , land , pasture , rents , &c. that hath substance in themselues , and may continue for euer . hereditas incorporata is , advowsons , villeins , wayes , commons , courts , piscaries , &c. which are and may be appendant or appurtenant to inheritances corporate . an advowson therefore is incorporate , of which a man may be seisied , though not of demesne , yet as of fee , and as of right . and although great disputation haue beene in our bookes , whether an advowson may bee holden or lye in tenure , yet the most authorities concurreth and are , that any advowson either in grosse or appendant , lyeth in tenure , aswell of a common person , as of the king. for a cessauit lyeth thereof , and some haue holden that the lord of whom it was holden may distreine ( either in the church yard , or in the gleebe ) the beasts of the patron onely . if they happen to be there found , 33. h. 6. godred contrarie : but though the law be , that there cannot bee taken any distresse , yet the same makes not any impeachment of the tenure , and being parcell of a mannor or appendant to it ; it may bee holden as some bookes are , pro particula illa . therefore it is holden and said , that an advowson is a tenement , and therefore whereas the king hath giuen licence to an abbot to amortise lands and tenements to such a value , by force whereof he purchaseth an advowson , and this was holden good , sufficiently pursuing this licence , and therefore in the booke an issue was taken , if the same advowson were holden in capitie ; and therfore , if a man grant a ward , or omniaterra & tenementa , that he hath by reason of his ward , if there be an advowson holden of the lord , being guardian the same passeth to the grantee , by the words of omniaterras & tenementa . of an advowson a precipe quod reddat . lyeth very well , and a writ of dower shall bee maintained of the same , by the wiues of such as haue such inheritance therein as giueth a dower , as before hath beene said , and so the husband of her that hath the'nheritance in it shall be tenant by the courtesie , although there neuer were had any presentation by the wise to it . but yet there shall not be any discent thereof , from the brother to the sister , of the entyre blood , by the maxime of possessio fratris , &c. but the same shall discend to the brother of the halfe blood ; vnlesse , the first haue presented to it in his life time , but if hee haue presented in his life-time , then it shall discend to the next heire of the entire blood . in advowson is an inheritance and cannot be deuided into parts or parcels , for in a writ of right of advouson ; if the tenant say , that the demaundant is seased of the sixt part of the advowson , this shall abate the whole writ , and yet part thereof may be in some sort considered , for there is an vsuall difference taken , betweene advocatio medietatis ecclesiae , and medietas advotionis ecclesiae . for advocatio medietatis ecclesiae , is where two patrons be , and euery of them hauing right to present a seuerall incumbent to the bishop , to be admitted into one and the same church , for diuers may be seuerall parsons , and haue care of soules in one parish , and such advowson is a like in euery of those patrons , but euery of their presentments is to the moitie of the same church ; and therefore it is called advocatio medietatis ecclesiae , or as the cause salleth out , aduocatio tertiae partis ecclesiae , and the like . but medietas aduocationis ecclesiae , is after pertition betweene perceners , for although the advowson bee entire , amongst them , yet any of them being disturbed to present at his turne shal haue the writ of medietate , or of tertia , or of quarta parte advocationis ecclesiae , as the case lyeth . also , if two patrons of seuerall churches make vnion ; or confederation , of their churches by the assent of all those whose consent is requisite , the patronage of euery of them shall not be but medietas advocationis ecclesiae ; because , but one incumbent is onely in this case to be presented , and not advocatio medietatis ecclesiae . and this difference is onely taken and obserued in the writ of right , which is altogether grounded vpon the right of patronage . but in the quare impedit , which is onely to recouer damages , no such diuersitie is considered , but the writ is generall , presentare ad ecclesiam . lastly , it is to be considered , what temporall profits , value or commoditie , this kind of inheritance is reputed to be of : it is not by the law of god , to be bestowed vpon any incumbent for any need or price ; but onely reserued for such as are worthy thereof . and therefore it is said ; * that guardian in socage of an infant , shall not present to any aduowson ; because such presentation , is not to bee bestowed for price ; for that , that such guardian cannot account for the same , yet neuerthelesse , because the patron thereby may aduance his friend , it hath beene often esteemed for assets in formedon . and as the value thereof may come in question , as in a writ of right of advowson , where the tenant avouche●h , and the vouchee looseth , the tenant shall recouer in value against the vouchee , for euery marke that the church is worth per annum , xij . d. so that the thing which of it selfe is not valuable , is by a secondarie meanes made and esteemed valuable ; because that otherwise , this mischiefe should ensue thereof , which should be a losse without recompence . 1. by this it appeareth , that it is an inheritance incorporate . 2. that it lyeth in tenure . 3. that it passeth by the name of tenement . 4. that a precipi quod reddat lyeth thereof . 5. that both tenant in dower , and tenant by the courtesie , and in some case a possessio ●ratris , may bee thereof . 6. that it is entire by nature , though by accidentall meanes otherwise , and in some respect deuisable . 7. though it be bestowed gratis , yet it is valuable , for which it is a benefit to aduance a friend , and for being iniured therein we shall recouer damages . lect . 5. the word right , and the word advowson explained , and to what inheritance an advowson may bee appeudant originally . it resteth at this present , for the more ample explication of this word right , ( whereas in defining an advowson , wee say it ●●keth a r●g●● ) to set forth the d●●●sions of advowsons , and to prosecute euery part deuided with a ●ull discourse ; that thereby , what manner of right and inheritance an advowson is , may be the better perceiued . advowsons therefore , are either appendant or in grosse , or part appendant part in grosse . an advowson appendant , is a right of patronage , appertaining to some corporall inheritance ; so that , hee that hath the same inheritance , is thereby also entituled to haue the other as annexed to the same ; for an advowson passeth alwaies with the inheritance , to which it is appendant ; vnlesse , there bee expresse nomination onely by these words ( vna cum pertinentijs , ) except it bee in case of the king , where the statute de prerogatiua regis , cap. 15. prouideth expresse words to make the same to passe . the originall of advowsons appendant at the beginning must be in this manner , sythenc● patronages were wonne and gotten as before hath beene declared ; and that either ratione fundati●nis dotationis or fundi , were ( as it seemeth by all conformity of reason ) the originall foundations of advowsons appendant ; for when mannors were created , either the land vpon which the church was built was land parcell of the mannor , or honor to which it is appendant , and he that was donor thereof , gaue the same to build the church vpon , and that the advowson of the same church so built , should bee appendant to the same mannor , which is ratione fundi . or hee that was owner of the same mannor or of any such corporall inheritance , endowed the same church with parcell of the land of the same mannor , honor , or such like corporall inheritance , and gaue the same to the gleebe , of such chuch vpon which the advowson by ordinance of the ordinary , and by the consent and agreement of all others , whose consents were requisite in this behalfe , was at the beginning appointed to be appendant to such mannor , honor , or other corporall inheritance , in recompence of such liuely hood , and dotation bestowed vpon the church . and hereof it ensueth , that if at any time the church bee desolued , the gleebe and land vpon which the church was built , shall returne and escheate to him or them from whom it was deriued and deduced . as in like case , vpon the dissolution of an abbey , the same shall not returne to the sounder of common right , vnlesse some other ordinance be made to encounter the same . 1. therefore to auoyd confusion in the consideration of advowsons appendant ; let vs first see , to what sort of inheritance advowsons may be properly appendant . 2 secondly , in what manner it is appendant , ( that is ) if it bee part or parcell of the inheritance to which it is appendant , or if as accident or necessarie thereunto . 3 how it may bee seuered from his principall ; and againe , by what meanes it may bee therevnto recontinued againe . as to the first , it may be appendant properly and originally , to things that are onely inheritances corporall , that are compound ; as to an honour , earledome , or such like ; likewise , to a castle , more vsually to a mannor ; all which principall things , that is to say , the earledome , honour , castle and mannor , &c. are inheritances compound , made and combined of diuers things , and in nature different , being those which the logicians call tota intigratia . it may bee appendant to an acre of land , or to a messuage , to a rectorie , parsonage , church or such like ; and so one church may be appendant to another , of which we shall take occasion to speake in the lectures following . but at this present , let vs see in what sort it may be appendant to a mannor . advowson that lyeth in one countie , may be appendant to a mannor that lyeth in another count●e ; and how two or more advowsons may be appendant to one mannor , may be manifested thus . if hee that in ancient time was seisied of a mannor , that extended so large as it was diuided into diuers parishes , the lord of the same mannor , eyther gaue out of the same mannor land to build , or to endow euery of the churches , and so euery of them might be appendant to the same mannor . how one advowson may bee appendant to two mannors , may likewise thus appeare . suppose that a. be seisied of an advowson of the church of dale , as appendant to the mannor of sale , and that both those churches by the ordinarie , and by the consent of both the patrons bee vnited , and called the church of dale , and ordained that the patrons shall present by turne for euer ; these churches by this vnion and confederation are made one , and so the advowson entire , and no moities as is betweene coperceners , joyntenants , and tenants in common ; and therefore it is appendant to both mannors , for the patrons seuerally presenting ▪ shall present to the same church as appendant to both mannors , ( that is to say ) the one shall present seuerally to the church as to his mannor of dale , and the other also shall present thereto when his turne commeth , as appendant to the mannor of sale. yet some are of opinion , and some authorities there are , that each of the same patrons after the same vnion , is seisied de medietate advocationis ecclesiae . and in what manner soeuer the same advowson be entire , yet is the parsons intrest seuerall ; for if such incumbent , which is presented after such vnion made , graunt a rent charge out of the gleebe , and one of the patrons onely confirme , no distresse ( after the death of the incumbent that granted the rent ) can bee taken vpon the gleebe , that belongeth to the gleebe of the other patron , to make the same subiect to the charge in perpetuitie ; for that , that hee confirmed not . but if the mannor of dale , bee holden of the mannor of sale , and to the mannor of dale is an advowson appendant , and that the mannor of dale hath escheated to the mannor of sale , so that the demeanes of the one is become parcell of the demeanes of the other ; yet the advowson shall be still said appendant to the mannor of dale , as it was at the first ; and the mannor of dale shall continue still in reputation ● mannor , in respect of such things as are appendant therevnto . the moitie of an advowson may bee appendant to a mannor , or parcell of a mannor . also , in the pleading of a case in ed. 6. by dyer , it appeareth that one fourth part of an advowson was alledged to be appendant to the one moitie of a mannor , and another fourth part of the same advowson was appendant to the other moitie of the same mannor , and the other two parts were in grosse : yet neuerthelesse an advowson ( in euery such or the like cases ) cannot be said to be diuided properly , for that , that it is entyre , if you respect the presentation and not the right of patronage . for if a man hath an advowson and giueth one part thereof to a. and the other part to b. & one third part to c. yet the advowson remaineth entyre amongst them , and if any of them disturbe his companions they are without remedy , for that they ought to ioyne in a quare impedit , because the presentation is a parsonall thing , and entyre , wherein they ought to agree , but seeke how they can seuer in these causes in a writ of advowson . moreouer , as touching the right of patronage , if one bring a writ of right of advowson , and the tenant pleadeth that the demandant is seisied of one sixt part , or of some one part of the advowson , the entyre writ shall abate , notwithstanding if it be in barre but for parcell , because cause the advowson is entyre , and not seuerall , by reason wherof the demandant cannot abridge his demand . and as in the ●ases aforesaid it hath appeared , that ●● advowson of a church may bee ap 〈…〉 ●o a m●nnor , in like manner may the 〈…〉 wson of a priorie bee appendant to a 〈…〉 ▪ lect . 6. to what things an advowson may bee appendant secondarily . in the lectures aforesaid , was shewed , to what sort of inheritances an advowson may bee appendant originally ; now it remaineth ●o show to what things it may bee appendant secondarily . an advowson therefore cannot bee appendant to one acre of land , or two acres , but only to such parcels of land as haue beene parcell of a mannor , or parcell of any earldome , castle , or such like inheritance , to which an advowson may bee appendant originally ; but in what order the same may bee appendant to one acre , let vs consider ; some bee of opinion , that if a man be seisied of a mannor to which an advowson is appendant , giueth certaine acres of the same mannor , vna cum advocatione to another , in such case the advowson shall not passe , to the grantee , vnlesse the same be by deed , and so the same shall be appendant to the same acres . so likewise , some hold opinion , that if a man be seisied of a mannor , to which an advowson is appendant in right of his wife or ioyntly with his wife , and maketh a seofement in fee of certaine acres parcell of the demeanes of the same mannor vna cum advocatione , and dieth ; that the wife notwithstanding this , may present to the advowson , before she recontinue the same acres , by cui in vita ; because ( as they thinke ) the same advowson is not appendant to the same acres , and such alienation is not but during the life of the husband . neuerthelesse , i doe not perceiue any great reason , why the law should be so in such a case ; for if a tenant in tayle of a mannor , to which an advowson is appendant aliene some of the same acres parcell of the mannor , together with the advowson , although it bee without deed , notwithstanding it is appendant to the acres , and cannot be recontinued but by formedon to be brought for the same acres , which case in reason , being like to the formedon of the acres and advowson aliened by the husband , i know not any difference of law that should bee betweene them ; and therefore , if a man bee seisied of a mannor to which an advowson is appendant and make a lease for life of the same mannor , vna cum advocatione , if the lessor enter into the same acre of land for forfeiture , hee hath recontinued the advowson , as appendant to the same acre . an advowson cannot originally bee appendant to a messuage , but secondarily it may ; therefore if an advowson be appendant to a parcell of land , which was sometimes part of the demesnes of a mannor and suchlike , if a messuage be built vpon the same parcell of land , the advowson shall be appendant to the same messuage , and if the same messuage fall or bee pulled downe , the same advowson shall bee againe appendant to the soyle , as it was before . so likewise , an advowson may by a secondary meanes be appendant to a rectory , for vicaridges being not first erected ( in as much as the substitute cannot bee before the principall ) but all at the beginning were parsonages , of the which vicaridges were deriued , and that for the most part , by the reason of many impropriations of benefices , to the houses of religion , and spiritual corporations , which were not of themselues in all points fit for the function and cure of soules . the reason is , because that the advowson of a vicaridge should bee alwayes appendant to the rectory of a parsonage , so that he that is parson , or persona impersona , ( as they call him ) of this church , is of common right patron of the vicaridge , of the same church ; except , some other seuerall ordinance at the beginning of the endowment of the same vicaridge were made to the contrary . and therefore , by the graunt of a parsonage with all the hereditaments thereto belonging , the advowson of a vicaridge passeth to the grantee . in the same manner it should be , if the vicaridge were endowed , so there be a pa●son and a vicar both presented into one church , as by the law there may well be ; but if the vicaridge become voyd , and hee that is parson hauing the advowson of the vicaridge ( as of common right hee ought ) present one to the same vicaridge by the name of parson , who is admitted and instituted ▪ accordingly , by such presentation hath the same vicaridge lost the aforesaid name , and is becommed a parsonage , tamen querae if the first parsonage remaine , and if one of those parsonages ( if they both continue ) be appendant to the other ; but it seemeth by the booke of 11. h. 6. that there should be but one parsonage , and the vicaridge extinct . an advowson of a church or chappell , cannot originally bee appendant to another church or chappell ; for that , that things of one nature cannot be originally appendant each to other . but notwithstanding , secondarily the advowson of a church or chappell may be appendant to another church or chappell . as if the advowson of a church or chappell bee appendant to one acre of land , that was sometimes parcell of a mannor , or such like ; and after a church or chappell bee built vpon it , the last new erected church shall bee appendant to the aforesaid church . an advowson may be amortified to a church or chappell , and if it be recouered and lost by default , the parson thereof may haue a writ of right . and an advowson may be parcell and part of a dean●rie , and if the same bee in any free-chappell of the king , if the deane be impleaded , he may of this haue ayde of the king. and thus much concerning inheritances , to which an advowson may be appendant . lect . 7. in what manner advowsons are appendant to a mannor . now it resteth , that i determine in what manner advowsons are appendant . and first of all , if the advowson be part or parcell of the inheritance , to which it is appendant , and whether it bee onely accident or incident thereunto . secondly , if an advowson be appendant to a mannor , that consisteth of demeanes and seruices , in respect both of the demeanes and seruices , or if it shall be said appendant to a mannor in respect onely of the demesnes , in as much as the demesnes are one corporall inheritance , and such part of the mannor as onely lyeth in manuell occupation . 1 as concerning the first , the authorities of our bookes are diueisly deuided , some tending to one effect and some to another , our best course therefore is to consider the arguments , and to giue censure with that which seemeth most agreeable with law. some hold that an advowson appendant to a mannor and the like , is eyther part or parcell of a mannor , honour , &c. or other inheritance to which it is appendant . and they ground themselues vpon the authorities of 43 r. 3. 22. a. b. where it was adjudged that the grant that king h. the 3. made to thenel marshall of a mannor , to which an advowson was appendant , without thesewords ( cum pertinentijs ) and without any mention of the advowson ; yet notwithstanding , the advowson passed in case of the king before the st 〈…〉 ce of praerogativa regis , cap. 15. and so likewise it is in the case of a common parson at this day , although in the 8 h. 7. 4 ▪ & the opinion of some others , in the 5 h. 7. 38 b. be against it , vpon which they inferre ; that an advowson is parcell of a mannor , for so expressely is the opinion of others in the same booke of 5. h. 7. 38. b. secondly , in the 9 h. 6. 28. b. and in the 38. h. 6 , 33 a. in the abbeyes of scyons case , the difference is agreed for law , that if the king be seisied of a mannor to which an advowson is appendant , and granteth the same mannor , and in the grant the words of the pattent are dedimus & concessimus , the mannor of d. expressing not the advowson in the clause of the grant , if afterward in the habendum there bee , habendum cum aduocatione of the church of d. the advowson passeth by such grant , although it be not comprehended in the clause of the grant ; but if the king grant the mannor of d. to which no advowson is appendant habendum cum aduacatione ecclesiae de s. this advowson passeth not ; for that , that it is mentione● after the grant , the reason of which difference they thinke to be , because in the first case , the aforesaid advowson appendant is parcell of the mannor , which is not so in the last case in the 8. h. 7. 3. b. and likewise in the 10. h. 7. 19. a. it is said , that an advowson appendant is a compound thing , to the composition whereof , diuers things are requisite , al● which things commixt , make the mannor and euery of them is parcell thereof , for as rent cannot be land , so land cannot bee an advowson nec econuerso , yet euery of these things of diuers natures , make the mannor , and are parcell of the mannor , saith keeble . and if a man demand a mannor by his writ and an advowson is appendant thereunto , hee ought to make an exception of the advowson , which seemeth to prooue that an advowson is parcell of a mannor , vpon the other part those which affirme that an advowson is not parcell , but onely appendant to the mannor , denyeth that an advowson lyeth in tenure ; for that , that only the principall thing is holden , and not the thing appendant to such principall ; as leates , co●●ts , estreates , way●es , and the like , for ( said they ) if an advowson appendant be by grant seuered from the mannor , it is holden by such and the same seruices as it was holden by before , for that , that if the advowson be seuered it should be holden pro perticula , thē the services should be encreased , and so double services should be due for one thing , for so he should haue the entyre seruices for the mannor , and also service for the advowson beeing seuered ▪ which is repugnant to reason . in this varietie of opinions ; i thinke it were most conformable to reason , to say that an advowson is not part nor parcell of a mannor , but rather appendent to a mannor , for the better entendment whereof , the law of england calleth those sorts of inheritances which are annexed to others , and what the logicians call aduncta , by these names , that is to say ; incidents , appurtenants , appendants , and regardants , of which termes of law ( regardant ) is properly of villeines , and the word ( appendant ) of a common or an advowson ; of which two an advowson is separable , but a common appendant is not in any case separable , for none can haue common appendant , but hee onely that hath the land to which the common appendant is appendant . the other two words incidents and appurtenances , may generally bee affirmed of all those sorts of inheritances that may in any manner bee annexed to other things , for so a mannor with his appurtenances , may be intended of advowsons , commons , villeines , waifes , estrayes , and the like , which are said to be appurtenances to a mannor , likewise the word appurtenant may be applyed to a court , messuage , or gardein , that are said to be appurtenant to the messuage , the word incident properly signifieth those things annexed which are not knowne by the precedent names of appurtenants or appendants , and yet are notwithstanding annexed to other inheritances , and in such sort a court ▪ baron is incident to a manor , a court of pipowders to a faire , fealtie to homage , homage to escuage ; so likewise a corrody is incident to a foundership ; and againe , of those some are seuerable , as the corrodie from the foundership , some are inseuerable ▪ as the court-barron from the mannor , except onely in case of the king , who hath power to seuer them . but that is called a part or parcell , which is a portion , and required to some composition of entyre and compound things , as the demeanes and services are part of a mannor , the gleebe and the tythes are part of the rectory , so that these are not to be called incidents , appendants , appurtenants , but parts and portions of these compound things , of which they are said to be part , parcell , or portions , and are required necessarily , to the framing of such entyre thing , of which they are parts and portions , & hereof it followeth that an advowson appendant is not any part , parcell or portion of a mannor , no more then a common is part of that thing to which it is appendant , so that the word it selfe of an advowson appendant is sufficient to set forth and declare the same , to bee no part but appendant onely , as the words importeth , wherf●re the first reason of the aduerse part may thus be answered . the bookes before mentioned namely , 43. e. 3. 22. a ▪ 45. e. 3. 1● , b. 22. h. 6 33. a ▪ which are to this effect , that an advowson appendant may passe by the grant of a mannor without saying ( cum pertinentijs ) in the case of a common parson , and so likewise in the case of the king before the statute of prerogatiua regis , proueth not that an advowson is part or parcell ●f a mannor , for this being a thing appendant may aswell passe with the words ( cum pertinentijs ) as the things that are parts or portions of the same entyre thing passeth . for if a man grant common of estouers to be burnt in such a mannor , of the grantee by the grant of the mannor this common passeth , without the words cum pertinentijs for by the feofment made of the mannor without deed , all appurtenances pasle by finchdens opinion , as fitzh . abridgeth it , although it be not in the report at large , and for the argument of those in the time of hen. the 7. before remembred , wee say for that , that an advowson appendant passeth by the grant of the mannor it is no good consequence , for the reason aforesaid . the second reason answereth the difference in h. 6. where the advowson is granted before the habendum and where not , that it is not any proofe that the advowson appendant is parcell of the mannor , for prysot saith , that things in grosse or seuerall being named after the habendum , cannot passe with the first things specified in the clause of the graunt , but things appendant or appurtenant to the premisses of the grant may very well passe ; although the appurtenants be specified after the habendum . as concerning the exception of an advowson appendant to be made in the demaund of a mannor , the same is not any proofe , that the advowson is part of the mannor , for the opinion of stone is , that by the demesnes of a mannor , or by the demesnes of the moitie of a mannor , ( as the case is there ) without the words ( cum pertinentijs ) the advowson appendant cannot be recouered . lect . 8. if an advowson appendant that consists of demesnes and seruices , shall bee appendant in respect of the demesnes onely , or in respect of the demesnes and seruices . at this present it remaineth , to determine if an advowson appendant to a mannor is appendant , in respect that it consiseth of demesnes and seruices ; or if it shal bee appendant to a mannor , in respect of the demesnes onely , in as much as the demesnes are one corporall inheritance , and such part of the mannor , as onely lyeth in manuell occupation . this question was of late time largely disputed , & at the last , vpon graund deliberation learnedly determined , in the common pleas , in a quare impedit , betweene gyles long pla●●●ffe , and one hening pa●●on , the byshop of glocester as ordinarie , and hadler as clarke , and the same is there among the rolles of pasche 31. el. rot. 2024. which i haue set heere necessarily in briefe , and being thus : a feofement in fee was made of the mannor of frembillet , and the advowson thereto belonging , and liuery of seisin was made in the demesnes , in anno , 7. el. and after in anno 17. of her reigne the advowson was granted to one ranger , and after in the 25. el. one boyter being ●enant of the same mannor attorned to the feoffee , then the church became voyd , and if the feoffee or the grantee should present was the question , for the better entendment whereof , wee will first see what can bee said vpon both pa●●s . that it is appendant onely in respect of the demesnes , tho●●●r the like authorities or reasons may bee produced . it is said , that an advowson appendant to a mannor , cannot be appendant to a rent , or service of the same mannor , but onely to the demesnes , whereof onely if a man hath a mannor to which an aduowson is appendant , and granteth the demesnes cum pertinentijs , the advowson passe appendant therevnto ; so likewise , if he grant the demesnes , excepting the advowson , the advowson is now becommed in grosse . if a man should haue a mannor , and blacke acre that was holden of the same mannor escheateth , so that the same acre is become now parcell of the demesnes , of the same mannor , if hee that is so seisied of the same mannor , grant all the demesnes , excepting blacke acre , and the same advowson , the advowson is become in grosse , and yet it is a mannor notwithstanding , for now blacke acre is onely the demesnes which together with the other seruices cause the mannor to continue , neuerthelesse the advowson is become in grosse , for that , that it was appendant onely to the demesnes of the mannor , which were aliened , and cannot now be appendant to blacke acre : because it was neuer before appendant to the same , in as much as appendancie is onely granted vpon continuance and prescription , and not vpon the same reason . if hee that is seisie of a mannor , whereof blacke acre is holden , and the same escheateth , and he granteth the same blacke acre , ( vna cum advocatione ) the advowson passeth not appendant to the acre , but in grosse , as aforesaid ; but if in the two aforesaid cases , a man were seisie to a mannor before the statute of westminster the third , de quia emptores terrarum , with an advowson thereto belonging , and giue certaino acres parcell of the demesnes of the same mannor to diuers persons , to bee holden of the same mannor , if afterward such acres escheate , and the lord granteth the residue of the demesnes excepting the acres so escheated , and the advowson ; the advowson is still appendant to the same mannor : because it was appendant to the same acres , before they were giuen to bee holden of the mannor . if a man were seisied of a mannor to which an advowson is appendant , and before the statute of westminster the third were likewise so seisied of other acres of land in grosse , and not parcell of the same mannor , if he had giuen the same acres of land to diuers persons to bee holden of the same mannor , ( as he might then haue done ) and after the same acres of land escheated , now are they parcell of the demesnes of the same mannor , although they neuer were so before , and after the lord of the mannor granted all the ancient and former demesnes of the same mannor vnlesse one acre , this acre and the other acres escheated maketh now the demesnes of the same mannor , and the advowson appendant , is still appendant to the whole mannor , but yet it was so appendant in respect of the one acre , that was parcell of the ancient demesnes of the same mannor , and if the lord intend at any time to seuer this , from the mannor , and still to keepe it appendant to no acre , but onely to that which was parcell of the demesnes of the mannor , all which reasons prooue that the advowson is appendant more in respect of the demesnes then otherwise . of the other part , those cases proue that an advowson appendant to a mannor is not appenpant to any part of the mannor , but to the en●yretie , for it is an intyre thing ; and therefore if a man hath a mannor to w ch an advowson is appendant , i● he enfeoffe i. s. of the same mannor , and 〈…〉 l●uerie of the demesnes and before the 〈…〉 t of the tenants , the church becomes voyd , the feoffee shall not present ; because he hath not the mannor to which the advowson was appendant : but if the tenants afterw●●●●tto●ne within sixe moneths , after the auoydance he may very well present therevnto . so likewise in the former case , if the feoffor o● the estranger present before the attornment of the tenants , yet if afterward attornment be had within the sixe moneths after the avoidance , the feoff●e may bring and maintaine his quare impedit , and so re●uer his presentation , which prooueth that the advowson is appendant to the whole mannor , as it is entyre , and not by reason of the demesnes onely , for the determination of the law in this ; it is true that the advowson in such case is appendant to the entyre mannor , and not to any part thereof , during such temps , as it remaines a mannor without alteration , or disjoyning the advowson from it ; neuerthelesse , if you will diss●lue the mannor and seuer the advowson from it , and yet desire to haue the same appendant , then it cannot be appendant to any part of the mannor , but onely to such lands as were of the ancient demesnes of the same mannor ; wherefore in the first case , iudgement was giuen , that after the attornment had , the advowson passed to the feoffee of the mannor , as appendant to the entyre mannor , and that the graunt made in the meand time betweene the liuerie of the demesnes , and the attornement of the tenants , was voyd , and that the advowson p●ssed not thereby to the same grantee of the advowson , but is ( by the attornment , by which the seruices passed ) made appendant to the entiretie in the hands of the feoffee . lect . 9. how an advowson may bee seuered from the principall , and by what meanes it may be reconnexed thereunto againe . in the two last former lectures hath beene declared at large ; first , to what kind of inheritance an advowson may bee properly appendant , and then in what manner , it may be appendant : now remaineth the third thing th●n treated of , that is to say , how it may be sundred from the principall ; and againe , by what meanes it may be thereto annexed by entrie or without entrie into its principall . it may bee sundred eyther rightfully or by a rightfull conueyance , of which wee shall speake more at large when wee declare the nature of an advowson in grosse , and of that which is partly in grosse partly appendant , whether it may bee sundred in a wrongfull manner , as by a tortious act , that is to say , by disseisin of the mannor , to which it is appendant , or by a wrongfull assurance as by discontinuance , or other wrongfull disposition thereof . as for vsurpation wee shall speake thereof in a place more conuenient afterward at large , if therefore a man be disseised of a mannor to which an advowson is appendant , and the advowson becomes voyde the mannor still remaining in the hands of the disseisor , this was ancient law as bracton saith , that he should not haue presented to the advowson vntill he had recontinued or made his entrie into the mannor , because saith he , quod sesinam habere non poterit quis de pertinentijs , antiquam acquiseret principale . but at this day the law is contrary , so that if a man be seisie of a mannor , and the entrie of the diseissee being lawfull the advowson becommeth voyde , the disseissee may present to the church , before his entry into his mannor , but if the disseisor bee seisie of a mannor by disseisin , to which an advowson is appendant , and the church becomes voyd , so that the disseisor presenteth , whereupon the clarke is admitted instituted and inducted , it seemeth that the disseisee in this case shall not haue his quare impedit , to recouer his presentation , vnlesse he first enter into the mannor to which the advowson was appendant , and though hee enter ; yet he shall be driuen to his action . yet if a man be seisie of a mannor , to which an advowson is appendant and bee disseisied of the same mannor and the church becomes void , and the disseisor presenteth one that is admitted , instituted , and inducted , and so continueth parson sometime after , if afterward the advowson become voide , now is not the advowson so gained by such vsurpation , but if that i that was deseisied enter into the mannor i may againe present to the advowson , because the former vsurpation was a meane betweene the disseisin and the reentrie , by which reentrie the disseisors estate as well in the advowson as in the mannor , is clearely defeated . but it is otherwise of an advowson in grosse , in which case the patron shall be driuen to his writ of right , so likewise if i be seisie of a mannor , to which an advowson is appendant , and afterward the church becomes voyd , and i present and be disturbed , and after i be deseisied of the mannor , here i shall bring my quare impedit and recover my presentation , before i enter into the same mannor . and so much is said , where the entrie of him that hath right is lawfull in the principall , but where the entrie is not lawfull there he shall not present to the advowson , vnlesse recontinuing the principall ; and therefore if a man bee seisied of a mannor to which an advowson is appendant , and be disseisied , if the disseisor dye seisied , and the church become voyd , the dissiessee shall not present to the church , vnlesse hee first recover the mannor . if tenant in tayle bee seisied of a mannor , to which an advowson is appendant and maketh discontinuance of the same mannor , and after dyeth , if the church become voyd the issue in taile shall not present therevnto , vntill hee hath recovered the mannor by formedon to which the advowson was appendant . likewise if a man bee seisied of a mannor in right of his wife , &c. and both discontinueth the mannor with the advowson , and the husband dyeth , if afterward the church become voyde , the wife shall not present vntill shee hath recontinued the mannor by cui in vita , but forasmuch as the statute of the 30. h. 8. 28. giueth in such case power to the wife , or her heires , to enter into the land so aliened . the law at this present day , must of necessity bee taken , that the wife or her heires in the former case may present , without recontinuance of the mannor , for that , that the same statute ordained then , that such alienation &c. feoffement act or acts , made or done by the husband , shall not bee nor make in any manner any discontinuance thereof , or be preiudiciall to her or her heires . the former rule hath an exception in this manner , yet notwithstanding the entrie being not lawfull in the principall ; yet if the advowson be severed , and in any manner cannot bee recovered , then may the party wronged notwithstanding present without recontinuance of the principall ; as if a man before the statute of the 32. h. 8. 28. be seisied of a mannor in right of his wife , to which an advowson is appendant , and giueth to an estranger the same mannor or parcell thereof with the advowson in ●e● , and dyeth afterward , the church becommeth voyde , and the estranger presenteth and then alleneth the land to another in see , sauing the advowson , and now the church becomes voyde , the wife in such case may present to the church without any recontinuance of the land discontinued to which the advowson was appendant . quare therefore in the 5. h. 7. 36 where it is holden that if there be tenant in tayle of a mannor to which there is an advowson appendant and he alieneth the mannor , with the advowson in ●ee , and the discontinued granteth the advowson to another in fe● , severing it from the mannor ; the issue in tayle shall not present vntill such time as hee hath recontinued the mannor , neuerthelesse if a remitter bee of the principall , hee that is so remitted may present to the advowson the next time that it becommeth voyd , notwithstanding any vsurpation thereof before had : for if tenant in tayle bee of a mannor to which an advowson is appendant and discontinueth the same , and the discontinuee granteth the advowson to another in fee , and afterward reenfeofeth the tenant in tayle of the mannor , who dyeth seysied of the mannor , now his heyre shall present to the advowson when it becommeth voyde ; and if hee be disturbed hee shall haue a quare impedit , because hee is remitted to the mannor , and hath not any remedie otherwise to come to the advowson . but vpon the other part if tenant in tayle bee seisie of a mannor to which an advowson is appendant and discontinueth the same , and afterward the church becomes voyde , and the tenant in tayle presenteth to the church by vsurpation , it seemeth by the better opinion , of the 5. h. 7. 36. 38. that hee is not remitted to the advowson , for that , that his ancient right therevnto was as to an advowson appendant , but now it is in grosse ; but if the tenant in tayle had aliened the same to an estranger in fee , and after dyeth ; notwithstanding that , hee take the rents and services , that afterward discendeth to the issue , yet is the issue therevnto remitted ; because such rents and services are parcell of the mannor and not appendant . and so it was likewise before the said statute of 3a . h. 8. if a man bee seisie of a mannor which is an advowson appendant in right of his wife , and discontinueth the same mannor , and after the church becomes void , and he presenteth to the church by vsurpation , and dyeth ; hauing issue by the wife , and the wife also dyeth , the issue in this case is not remitted to the advowson , for the reasons before shewed ; hereof it en●ueth likewise , as before partly hath appeared , that in all cases where there is a mannor , to which an advowson is appendant , and the mannor with the advowson is aliened with wrongfull conueyance , and the entrye of him that hath right is not taken away , there may hee present to the church without recontinuance of the mannor , to which the advowson is appendant ; and therefore if a man make a lease for life of a mannor to which an advowson is appendant , if the lessee for life make a feofment in fee , of the mannor and advowson ; and after the church becommeth voyd , the lessor may present to the church , without any entrie made into the mannor , because his entrie was lawfull into the mannor . but if it be a rightfull purchase that requireth some other act to be done , for the execution and perfection of the same , then cannot the perfection thereof bee accomplished in the accessarie , that is to say , in the advowson before the same bee performed in the principall ; wherefore it is holden by the better opinion in the 9. e. 3. 43. 839. that where a certaine chamber was exchanged for certaine acres of land , with an advowson appendant to the same acres of land : to perfect this exchange , hee that had the acres and advowson in exchange , could not present to the advowson vntill he had made his entrie into the acres . and thus much hath beene said ▪ how an advowson appendant may bee seuered from the principall , and againe recontinued with re-entrie , or without entrie into the same . lect . 10. of advowsons in grosse . as concerning our first purposed diuision , to be eyther appendant or in grosse , or partly appendant , or partly in grosse ; i haue before prosecuted the first part , that is to say ; the natures of advowsons appendant , now therefore it resteth to speake somewhat of advowsons in grosse . the originals of advowsons in grosse , seemeth to be grounded vpon two occasions ; the first is , that advowsons in grosse at the beginning begun originally by one of the before-specified three manner of wayes ; which is , ratione fundationis , for when they were agreed , that hee that founded the church , and was at the cost of the building thereof , should be patron thereof ; hee cannot be patron of this by reason of any land or d●●ation , by which his patronage might be appendant , but onely by reason of the building , which being a patronage without land , must of necessitie bee the originall cause of advowsons in grosse . the second occasion of advowsons in grosse , was the sundering and seuerance of them from the principall to which they were first appendant , and so by graunt or other conueyance they became in grosse , which before were appendant ; wherefore how they may be fundred by graunt , now let vs consider , and see what questions in our bookes haue been moued herevpon . in the 33. h. 8. 44. 48. 112. pyer of the opinion that shelly is , that if a man be seisied of a mannor , to which an advowson is appendant and alien one acre parcell of the mannor , and by the same deed , after graunteth the advowson , that the advowson shall passe in grosse ; otherwise , hee thought the law to bee as if the feofment were made of the entyre mannor ; yet this difference agreeth not with the opinion of hill , who thinketh that in both cases , the advowson passeth appendant . yet i thinke , if a man be seisied of a manner to which an advowson is appendant , and after granteth by his deed one acre parcell of the mannor , and by another deed the advowson , and deliuereth both those deeds at one time to the grantee , although in construction of law , both those deeds are but one deed ; yet the advowson passeth in grosse clearely , and not appendant to the acre . if a man be seisied of a mannor with an advowson thereto appendant , and graunteth the mannor to i. and s. excepting one acre , the advowson not being specially spoken of , in the grant , it still remaineth to this acre excepted ; fo 〈…〉 saith bracton ▪ si partem fundi dederit quis quamvis cum omnibus pertinentijs suis , & partem retinuerit , non propter hoc transfertur advocatio sed cum donatore , remanebit licet minimam partem fundi retinuerit non enim transfertur cum aliqua parte fundinisi special●tur transfertur . if hee which harh a mannor to which an advowson is appendant giueth one part of the mannor , with one part of the advowson to a. and the second part of the mannor with the second part of the advowson to b. and the third part of the mannor with the third part of the advowson to c. in fee , yet notwithstanding this diuision , the advowson remaineth in common , appendant . if a mannor to which an advowson appendant is belonging , discend to an heire , and if hee grant the moitie or third part of the mannor cum pertinentijs , no part of the advowson passeth ; but if he assigne dower to his mother , of the third part of the mannor , cum pertinentijs , she is hereby endowed of the third part of the advowson and may haue the third presentment . it a man bee seisied of a mannor or one acre of land to which an advowson is appendant , and maketh a lease of the mannor or acre , for tearme of life , excepting the advowson , the advowson is in grosse and cannot bee appendant to the reuersion of the mannor or acre . but if i lease the advowson for tearme of life , reseruing the mannor in my hands , yet the reuersion of the advowson remaineth alwayes appendant to the mannor , or to the acre of land. for if a grant be made by me of a mannor or acre , with the appurtenances , the reuersion of the advowson passeth , for the reuersion of an advowson may bee appendant to a mannor or acre in possession , but the advowson in possession cannot be appendant to the reuersion of an acre or of a mannor . also , if a man hath a mannor to which an advowson is appendant and alieneth the same mannor , and excepteth the advowson , the advowson is become in grosse , and although hee purchase the mannor , yet is the advowson still in grosse ; and cannot bee appendant . but in all these cases some are of opinion● that although the advowson bee excepted out of the grant of the mannor , yet neuerthelesse , it is requisite to haue a deed of such grant containing such exception , otherwise the advowson will passe with the mannor . lect . 11. of advowsons partly appendant , partly in grosse . hauing formerly spoken of advowsons appendant and in grosse , now remaineth the last member of the former diuision to be mentioned , which is advowsons partly appendant , partly in grosse . such advowsons as are partly appendant and partly in grosse , are so deemed either in respect of the time or in respect of the persons . in respect of the time in this manner , some advowsons there are , that are at one time appendant and at another time in grosse , and so againe may be appendant as occasion serueth . as if a man bee seisied of a mannor or of an acre of land , to which an advowson is appendant , and leaseth the same mannor or acre , excepting the advowson , the advowson is now become in grosse , and yet after the lease is ended , shall bee againe appendant as before . in respect of the parson it may so happen , that an advowson may bee appendant in regard of a proprietor thereof , and that in many cases . one case to begin with , is this , that if a man be seisied of a mannor to which an advewson is appendant and an estranger leauieth a fine of the same advewson to him that is now seisied of the mannor and advowson , vpon which sine the said coun●ee : ( being still owner of the mannor and advowson ) granteth to the counsor that hee shall present to the advowson euery second auoydance , by this sine the advowson remaineth in respect of him that hath the mannor , still appendant to the mannor as before , but in respect of the counsor that neuer had interest before , at euery second auoydance it is become in grosse , and he shall present therevnto as to his advowson in grosse . but if ( as he in the former case ) hee that was seisied of the mannor had leauyed the fine , ( and the estranger so being counsee ) and made such grant to the counsee to present at euery second turne , the advowson had beene totally in grosse ; for by the counsance it had beene wholly in grosse , and scuered from the mannor . if three bee seisied of a mannor that hath an advowson appendant thereto belonging , and two of them releaseth all their right of the advowson to the third , the third is seisied of two parts of the advowson as in grosse , and of the third part as appendant , for that , that the third part , was neuer seuered from the mannor , but if the third dye , all the entyre advowson descends in grosse to his heyre , for nothing was in ioynture but the mannot that suruiued to the other two , that released , their right in the advowson , and no part of the advowson can come to them ; for that , the same was not in ioyn●ure , at the time of the death of the third ioyntenaue , and also because they released their right before . if two ioyntenants bee seisied of a mannor to which an advowson is appendant , and the one granteth all his right of the advowson vnto another in fee , this advowson is both● in grosse and appendant , and if hee that hath the mannor , and ought to present euery second turne ; bring his quare impedit , he shall not say that he is seisied of the mannor with the advowson appendant at euery second turne ( namely , when there is partition betweene them ) to present by turne , but shall say that he was seisied of the mannor with the moytie of the advowson appendant . if a mannor with an advowson appendant therevnto , descend to two coperceners , and they make such partition of the mannor , and composition to present , although the composition be otherwise then of right is due , yet is the first presentation to belong to the eldest , and the second to the second copercener , &c. and the advowson remaineth still appendant notwithstanding such composition , to present by turne . but if three mannors discend to three coperceners , and an advowson is appendant to one of them , and they make such partition , that euery copartner hath a mannor allotted to him , and composition to present by turne to the advowson , now is the advowson in such case severed and in grosse , in respect of the coperceners . if a man bee seisied of foure mannors , and to one of them an advowson is appendant and dyeth , hauing foure daughters , who maketh partition of the mannors , so that everie of them hath a mannor , out of which partition the advowson is excepted , this advowson is in grosse by reason of the exception ; yet it seemeth if all the other sisters should dye , except shee to whom the mannor was allotted to which the advowson was apdendant , that the advowson should bee againe appendant to the mannor . if two churches bee , and the advowson of the one is appendant to a mannor , and the other is in grosse , and the two churches hap to bee vnited , and vpon the vnion it is ordained , that the patrons shall present by turne , now in respect of him that hath the mannor , the advowson shall be appendant , and hee shall present thereunto as to an advowson appendant , but as to the other , hee shall present as to advowson in grosse . lect 12. what presentation is , and what is the effect and fruit thereof , and in what manner presentation and nomination differ . in the aforesaid lecture or reading hath beene declared such matters as was requisite for the explanation of the word right , set forth in ●●● description of an advowson , which word being there put in steed of that which the logicians call genus , the rest of the words subsequent there likewise expressed , are the proprieties effects , and qualities incident to an advowson , thereby to distinguish this right from other rights so that by such discription , the nature of an advowson may be fully deciphered . an advowson as is said , is ius presentandi , and the power to present is the very fruit effect , and entire profit of an advowson , which is by the meanes of presentation to preferre and advance our friend , and presentation is thus described . a presentation is the nomination of a clarke to the ordinarie to bee admitted , and instituted by him to the benefice voyd , and the same being in writing , is nothing but a letter missiue to the bishop or ordinarie , to exhibite to him a clarke to haue the benefice voided , the formall force hereof resteth in these words chiefly , presento vobis clericum meum , 13. h. 8. 14. b. therefore in our bookes of law , an advowson is called nothing but a nomination or presentation , a power to preferre and inable another to haue the benefice , which not with standing the patron cannot inioy . wherefore if the nomination of an advowson be granted habendum the advowson , the habendum is sufficiently pursuant ; for although it varie in name , yet it is all one in nature , so that the graunt of the nomination of an advowson , is in substance the graunt of the advowson . for the profit and commoditie of an advowson resteth in the nomination or disposition of the same : hereof i● ensueth , that if a man grant to me an advowson excepting the presentation during his li●e , such exception is voyd and repugnant to the graunt . so that the opinion of thompton in the second commentarie of plowden in the arguments of smith and stapletons case , cannot bee law ; who thinketh that if tenant in tayle bee of an advowson , and bee granteth to one by fine the nomination of the clarke to the same advowson when it becom meth voyd , that this fine shall not bind the issues , by the statuto of the 32. h. 8. 36. because such fine is leuyed of a thing intayled , as hee thought ; whereby aboue it hath appeared , that the presentation and the nomination is one thing , and the fruit and full profit of the patronage ; and therefore such fine is of full effect and force to binde the issue in tayle , for the advowsons , and yet if the case aforesaid bee so vnderstood , that tenant in tayle of an advowson granted by fine the nomination of the clarke to one , and his heyres , so that when the church become voyd , the grantee and his heyres should nominate a clarke to the tenant in tayle and his heyres , and that hee or they should present : the clarke ( so nominated ) to the ordinarie , and the tenant in tayle dyeth , such fin● shall not bind the issues in tayle ; therefore the fine is not of things intailed , for there is the nomination and presentation distinguished . the presentation may bee distinguished from the nomination , so , that one may haue the presentation , and another the nomination , and so they may bee diuers distinct inheritances . as if i being seified of an advowson in see , granteth to i. s. and his heyres , that he and his heyres euery time the church becommeth voyde ; shall nominate to mee a person to bee presented to the same church , which person so nominated , i or my heyres shall present to the ordinary of the place to be admitted accordingly , into the church . and a question hath beene moued here vpon who shall be said patron of the same church , some thinke that hee that hath the nomination shall be patron onely , and that he that ought to present , shal be as seruant to him that hath the nominatiō . therefore in the 14. e. 4. 26. the iustices distinguished , that if one bee seisied of an advowson and granteth to i : s. and his heyres to nominate at euery auoydance to him and his heyres a parson to be presented to the same church , which parson so nominated , shall be by him or hisheires presented to the ordinary , that he to whom the nomination is so granted shall be patron . but if i grant to i. s. that at euery auoydance hee shall nominate to me two clarkes , of which i shall present one to the byshop , now i remaine patron , not with standing this , because the election is in me which of the parties named shall bee presented and haue the benefice . if a man haue the nomination to a benefice , and an other the presentation , and he that hath the presentation granteth an anuitie to a clarke vntill he be advanced to a benefice by the grantor , if afterward the church become voyd , and the grantee bee nominated , to the grantor to be presented ouer , who doth so accordingly , and vpon this bee admitted , instituted and inducted , yet the anuitie shall not cease , for that , that the grante● was not the● vnto pref●●●ed by the g●a●tor , ●lthough he p●●se●te 〈◊〉 . of ●●e other p●r● there is an au●ho●ity , that 〈◊〉 ● spiri●●all ma● haue the presentation , and a lay man the nomination , if the lay man nominate to the espirituall man a clarke to bee presen●ed over , who doth s● accordingly , if before his admission the lay man nomina●e another to bee likewi●e pr●sented , which the spirituall man refus●●h to doe ; for that , that hee hath presented one already by his nomination , the lay man shall not maintaine any quare impedit against the presentor for such re●●sall ; becaus● , the spirituall man is patron , and beeing a spirituall man , hee cannot change his presentation alreadie made ; also it should s●eme in such case , that the presentation should bee made onely in his name , ●hat hath the presentation , and not in his name that hath the nomination ; therefore , if the ordinary should refuse the clarke for disabilitie , notice shall be giuen only by him , to him that hath the presentation , & not to him that hath the nomination ; for the better reconciliation of of those and the like authorities , distinguendum est sic , that in resp●ct it must bee had o● such an estranger , as shall vsurpe vpon the byshop or vpon the patron in regard of each other , and in respect of all strangers that vsurpe ; hee that hath the nomination is onely patron , and shall haue a quare impedit or a writ of right , as h●s case requireth : in which his writ of quare impedit , shall be this ; quam permittit ipsum presentare : but his declaration shall bee especiall , that the plaintiffe ought to nominate one , & that be ought to present him ouer to the byshop , and that b. hath diurstbed him of his nomination , and the writ to the byshop shall bee a recoverie to the plaint●ffe , quod ey●scopus admittat clericum ad denominationem , &c. in resp●ct of the byshop that hath the presentation , he shall be said patron ; for if hee that hath the presentation cannot varie from his presentation , the other shall not ; yet if hee that hath the presentation , and he that hath the nomination bee both laymen , then he that hath the nomination may varie in his presentation , and change the same as often as he will , vntill institution be had : wherefore in the former case it ensueth , that if hee that hath the presentation bee a spirituall man , and present him that is nominated to him , beeing not fit , hee ought not to haue notice giuen him of the refusall of the ordinarie , for this cause , he that hath the nomination shall not haue any notice likewise . for i thinke the law to bee thus ; if one hath the nomination and another the presentation , and the church becomes voyde , if the laps incurre , and hee tha● hath the p●esentation onely presenteth to the byshop , before the byshop take benefit of the laps , without any nomination of the other , the byshop in this case ought and is bound to admit his clarke that hee so presenteth , as the clarke of the patron himselfe . if respect be had each of other , then are they both patrons after a manner , and by iniurie offered by every of them to the other , one of them may punish the other . as if he that hath the nomination will present immediately to the ordinarie , he that hath the presentation may bring a quare impedit or a writ of right of advo●son , against him as his case requireth , so if hee that hath the presentation refuse to present the clarke nominated to him , or present one himselfe without nomination , the other shall bring a quare impedit or a writ of right against him , and his writ shall bee quod permat . ipsum presentare , &c. but in his declaration hee shall declare the especiall matter . in every of which suites and recoveries , and in the writ to the byshop shall be so ; if hee that hath the nomination present to him that hath the presentation , he that hath the presentation may disturbe him in two manners ; eyther by refusing the parson nominated , or by presenting some other himselfe that is not nominated . if hee refuse to present him that is nominated to him ; and suite bee commenced without any actuall presentation made by himselfe , then the writ to the byshop of him that hath the nomination shall bee , that hee shall recouer his nomination , and that the byshop shall admit such as the other hath nominated to the presentor , according to his grant of nomination : but if the disturbance vpon which the suite is granted bee because the presentor that should present the parson nominated , hath presented some other himselfe , without nomination , then the nominator shall haue his writ to the byshop to present his clarke immediately without any nomination at all , to be made to the other , that hath the presentation and to remoue the other incumbent . finally , if one hath the nomination , and another the presentation , if such right of presentation acrew to the king , this shall preiudice , the inheritance of him that hath the nomination but he shall nominate to the chancellor still , who in the name of the king shall present to the ordinarie . and if the king present without any such nomination , the nominator shall bring his quare impedit , against the incumbent onely , because the king cannot be tearmed as a vsurper . lect . 13. the things incident to presentation prosecuted , who may present , what parsons may bee presented , to whom the presentation must be made , and the manner thereof . before hath beene shewed what a presentation is , and what is the effect and fruit of the patronage ; and finally , in what case the presentation and nomination differeth . at this time it resteth , how to prosecute the things incident to presentation , and to make show who may present , what parsons may bee presented , to whom the presentation must bee made , and in what manner ; but because no presentation can bee made vnlesse to a church or dignity , something shall bee showed , when they shall bee voyde , and vpon what occasion . an avoydance is in two sorts , actuall in deed , destitute in law , which is an avoydance de facto , and auoydance de iure . actuall , is when the church is actuall in deed destitute of his incumbent in law , when the church being full of an incumbent , is notwithstanding frustrate of his right and lawfull incumbent by reason of incapacitie or crime in the parson of him that occupieth in steed of the rightfull and lawfull incumbent , and therefore amongst the canonists , ecclesia dr. viduam tuam sponsumque habet invtilem , there is therefore a great difference betweene voydance in law , and voydance in deed ; the first of which two , the espirituall court hath to determine , and therefore the supreame head may so dispense there , that such anoydance in law shall neuer come to be auoydance in deed , and of auoydance in law no title acreweth to the patron , vnlesse something bee therevpon accomplished , by the espirituall court , as a declaratorie sentence or such like ; but , vpon avoydance in deed , presentment acreweth to the patron , yet in such and the like cases , distinguendum est , for if the dignitie bee temporall , as a master of an hospitall or such like , and that there be found defect in him by visitors , it is an actuall avoydance , and the patron may vpon this make a new collation , without solemne sentence of depriuation ; but if the dignity bee espirituall , it is requisite vpon such defect that sentence of depriuation bee giuen , before auoydance can bee , and that such sentence be notified to the patron , otherwise laps shall not incurre against him , auoidance and plenartie , are primati●a contraria , which if they come to bee tryable by issue betweene the parties , they are tryed by two distinct lawes . plenartie , which is , if the church be full of an incumbent or not , shall bee tryed by the common law , which is by the certificate of the ordinarie ; but avoydance , which is , if the church bee voyde or not , shall bee tryed by the country impanuelled in a iury , notwithstanding if the issue bee vpon any speciall sort , or manner of avoydance , the same shall be taxed by the certificate of the byshop , so that such speciall cause shall be spirituall . the efficient causes of avoydance , are eyther temporall as death , or spirituall as deptiuation , resignation , creation session , and entrie into religion , whereof more shall bee said afterward . lect . 14. the two first particuler causes of avoydance of churches , viz. is eyther temporall , as death ; or spirituall , as depriuation ; the one of it selfe being manifest , and the other a discharge of the ▪ dignitie or ministerie . in the last lecture or reading before , was shewed something of auoydances of churches in generall , now it remaines to pursue the perticular meanes ; that is to say , death , deprination , resignation , creation , or cession , and entrie into religion , of euery of which , we will speake something , as the cause requireth . 1 and first of all , concerning death , quae omnia solui● , the matter of it selfe is manifest , and needeth no further declaration . 2 as concerning depriuation , it is a discharge of the incumbent of his dignitie or ministerie , vpon sufficient cause against him conceived and prooved ; for by this , hee looseth the name of his first dignitie , and herein two manner of wayes ; eyther by a particuler sentence in the spirituall court , or by a generall sentence by some ▪ positiue or statute law , of this realme . 1 deprivation , is in the spirituall court for that , that it is grounded vpon some defect in the partie deprived , although it bee by act of law , yet it is deemed as the act of the partie himselfe . the causes of depriuation , by censure in the spirituall court are to be referred to the common law , therefore let vs remember such of them , vpon which questions haue beene mooved in the bookes of our law , all which causes mentioned seuerally , may bee reduced to three principle points ; first , want of capacity ; secondly , contempt ; thirdly , crime . as concerning the first , although by the common law , a lay person bee presented , and instituted , and inducted , to an especiall benefice , which curate is altogether vncapable of the same , yet the church is not therefore to bee said voyde , as if no presentation had beene , but it is still full of an incumbent , de facto licet non de iure , vntill by sentence declaratorie for his want of capacity , the church be adiudged voyde , and vpon this no laps shall incurre against the lay patron , without notice ( of such incapacity , & sentence of deprivation therevpon ) to him giuen , king h. 4. presented one that was incapable of his presentation , and the presentee was thereby admitted , instituted & inducted , and afterward the pope enabled the presentee by his bill , yet the king had a scire fac . and thereby recovered his presentation againe , because the incumbent was not capable whē he was presented . if the patron present one that is meerely a lay ▪ man , within the age of 25. & . he vpon this be admitted , instituted , and inducted , and afterward a qua. imp. be brought against the patron and the same incumbent , whereof iudgment is given by the default of the incumbent , where indeed the incumbent was neuer at any time duely sommoned according to the law , by reason of which iudgment , the same incumbent is removed , if vpon this afterward , the said incumbent by sentence declaratory be deprived in the spirituall court , for want of capacity in suite there , for the cause of his incapacity exhibited against him , such sentence is good , & availeable in the common law , although the said incumbent were before removed from his beneside by the iudgement giuen against him in the qu. imp. for though such declaratory sentence giuen against him by the spirituall law , cannot remoue him that is removed already , yet it shall make this incumbent answerable to the next incumbent , for all the meane profits received by him , that was the first incumbent , from the time of his induction . yet if the first incumbent so depriued , will afterward bring a writ of deceipt vpon the iudgement given against him in the quare impedit by default ; for that , that he was not sommoned as aforesaid , hee shall haue iudgement herein , and the same deprivation had in the meane season in the spirituall court , no impediment therevnto ; for that , that in the said suite of deceipt the incumban●i● shall not be in question , but onely the disturbance of the plaintiffe , in the quare impedit , and so for incapacitie . contempt , may likewise be a cause of deprination , as if the parson or other incumbent bee excommunicate , and he so remaineth in his obstinacie for the space of fortie dayes , hee is for this depriuable of his benefice , and yet the church is not voyd in deed , without sentence in depriuation giuen against him , and if before such depriuation , the king as supreame ordinarie and the head of the church would haue a dispensation to the incumbent , who for all the sentence of depriuation for his contempt had , hee shall hold his benefice ; such dispensation were voyde , and should restraine the patron from his presentation acrewed to him , by meanes of such depriuation after ensuing . the third cause , is crime , within which may be comprehended delappidation , or spoyle of the church benefice , once , in our bookes , worthy of depriuation , likewise sohisme or heresie ; for the which , or if for some other causes the incumbent were depriued in ancient time in the court of rome , vpon such depriuation comming in question in our law , the issue should be vpon the avoydance , and it should be tryed where the church or dignitie is ; but because , crime is hidra , with many heads , and an evill tree , whereof is bred ingens prouentus much fruit , for all fruit of offences which may be comprehended vnder this name ; therefore let vs surcease further to deale with it , onely in generall , noting those three things as the incidents , and consequents of depriuations . first , that our law adiudgeth not the church actually voyde , without a sentence of depriuation , as hath beene before prooued . secondly , that though such sentence of deprivation be meerely wrongfull ; yet the dignitie is voyd , and the sentence remaineth in his force , vntill it bee released . thirdly and lastly , if the party depriued within time require by this law an appeale ( vpon such sentence of depriuation giuen against him at the court of the high iurisdiction ) such is the nature of an appeale , that it holdeth ( the sentence vpon which it was first brought ) in suspence ; because , in the common law it is said , to haue effectum suspensum prioris pronuntiati ; and therefore , if it bee brought vpon depriuation , it voydeth the vigour thereof , and reuiueth the former dignity , for such church shall not be voyde , vntill the first sentence of depriuation chance to be affirmed in the appeale , and thus much of depriuations in the spirituall court , shall suffice at this time . concerning depriuation by censure of statutes and positiue lawes , see these books ; that is tosay , 13. el. cap. 12. 26 , h. 8. cap. 3. reviued by the 1. el. cap. 31. or 3. lect . 15. the third particular cause of avoydance , being spirituall , is resignation . the precedent lecture before going , hath shewed the particuler causes of auoydance of churches , whereof the two first , death and depriuation , hath beene at large disciphered ; the next is resignation , of which i will also at this time something speake . resignation , or as the canonists tearmes it remytation , est iuris proprij spontanea refutatio , or whereas resignation is the voluntarie yeelding vp of the incumbent ( into the hands of the ordinarie ) his intrest and right which he hath in the spirituall benefice , to which he was promoted . of which the matter or subiect is the spirituall benefice , as promotion ecclesiasticall . the forme is the manner how , and with what words and due circumstances it is or should be accomplished . the finall causes or effects hereof , is eyther thereby to make the spirituall benefice void and destitute of its incumbent , or vtterly to anient and totally to extinguish such spirituall promotion . the efficient causes are the persons that resigne ▪ and the persons to whom it is or ought to be resigned . as concerning the matter ; this onely may suffice to be obserued , that all spirituall dignities presentatiue may properly be resigned , although they be abbies , priories , prebends , parsonages , or vicaridges , yet such dignities as are certaine may also be resigned , or to speake more properly relinquished , as were some of the abbies in the time of king hen. the 8. and so may bishop . pricks at this day be resigned , &c. into the hands of the king as supreme ordinarie of the church and rightfull patron of the same bishoprickes . as concerning the forme of resignation , and protestation which must be when the partie will resigne , they are set out in the register , fol. 302. in the folioes of the booke following , as fitzh . noteth in his nat br. fol. 273. f. or s. the words of chiefe effect in such instrument of resignatine , are remantiare , edere , & dimittere , for resignation is not any proper tearme of the common law. yet the law of this realme , more respecting matter then formalitie of words , hath adjudged a graunt made by a prebenda●ie to the king , to be an effectuall resignation in the forme of these words following , that is to say : noverint me a. &c. exanimo deliberatiuo , certa scientia & mero motu , & ex quibusda● causis iustis & rationalibus me specialiter m●uent . vltrò & sponte dedisse serenissimo domino ●●stro ed. 6. angliae , &c. supremo capiti totor●● prebendarum suorum ac omnia maneria terras , tenement a possessiones & hereditament a quecunque , tam spiritualia quam temporalia , ac omnem plenam & liberam facultat . dispositionem authoritat . & potestat . dictae prebendae pertinen . spectan . appenden , &c. habendum & tenendum eidem rege hereditor . & successoribus suis , ad eius vel corum proprium vsum , &c. as touching the efficient causes of resignation ; as first , the person that resigne , if hee be not but onely admitted and instituted , although as concerning the spirituall function he be a parson before induction , yet because no part of the free-hold of the spirituall benefice is transferred to him , but by the induction , hee cannot vntill after the induction , if the king be patron , make any good and effectuall resignation ; as therefore , renuntiatio respi●it plerumque ius quesitum , ac repudiamco pertinet adius nondum acquisitum . as also for that , that by this submission and institution , the church is not full in respect that the king being patron , such incumbent before induction is full subiect to haue his presentation and institution revoked . but if a subiect bee patron , and his presentee be admitted , such presentee ( if hee be willing to leaue his charge ) may before induction resigne the church , for the espirituall dignitie was ful of an incumbent in respect of his patron , and because also there is no other meanes to cleare the church of him but by such renunciation . as concerning the person to whom resignation must be made ▪ distinguendum est ; for if he be onely purposed to auoyd the church , and to cause the patron to present againe , then it ought to bee done to the ordinarie to whom of right the admission and institution belongeth , and to whom the patron is bound to present ; for it is a rule amongst the canonists , apud enim debet fieri renuntiatio apud quem pertinere , dignoscitur confirmatio , and reason will , it shall be so ; because the king as supreame ordinarie , if such resignation should be made to him , hee is not compelable to giue notice to the patron of such resignation , nor can hee or any other ordinarie collate vpon the patron such notice . notwithstanding , if the purpose be vtterly to extinguish such dignitie spirituall , the same resignation may be made to the king , as to the supreame head of the church , as in ancient time it might haue beene made to the pope . for such authoritie and iurisdiction as the pope vsed in this realme , was contradicted by an act of parliament made in the 25 h. 8. and other statutes to be in h. 8. and his successors ; which iudgement and opinion i hold to bee firme law , especially where the king himselfe is patron , or where the patronage is to some spirituall man for euer , vpon spirituall parsons the pope ( before the statute of the 25. e. 3. ) by his prouisions and other meanes vsed more iurisdictions then at any time lay persons could be permitted to doe . the finall effect which consisteth in the end , wherefore resignation was ordained , wee haue heard to be two fold , the one to adnihilate the spirituall promotion , the other to make it voyde and fit for no incumbent ▪ of the first , we haue sufficiently spoken before , and the vse of the other is manifest by those authorities subsequent . a prebend maketh a lease for yeares rendering rent , and after resigneth it , it is holden cleerely , that by this his resignation , this prebend is discharged of the rent , and therefore such charge shall not be any burthen to his successour ; likewise if a parson resigne after hee hath made a lease for yeares , the lease is avoyded . likewise , if a parson permute or change his benefice , which indeed cannot bee accomplished without resignation , the charge or graunt made by such incumbent for yeares , is vtterly voyde . if a parson grant an anuitie out of the parsonage , and after resigne , if after all this the patron and ordinarie will confirme such graunt , the confirmation , and the graunt which was voyd before confirmation cannot be availeable . with which agreeth pollyard , who saith ; that if a parson charge a gleebe , and after resigneth or dyeth , the charge is avoyded . a recoverie was had against a parson in an action of debt , and in a fierifac . therevpon the sheriffe returned , that the defendant was clericus beneficiatus & non , &c. in this case , if the defendant resigne , the plaintiffe is destitute of his recovery , for by such resignation the church is discharged ; because , the ordinary cannot sequester the spirituall benefice vpon any processe awarded to him . but if the incumbent that so chargeth , bee such as hath by the law absolute power to deale with the lands of his spirituall dignitie , without the confirmation of any other , and may by the law discontinue as abbot or pryor or such like , then such charge by him shall not be voyd , by such resignation , but shall continue against his successors vntill it bee avoyded by some other meanes . thus much concerning the finall cause of resignation , to which suffer vs to annexe the causes allowed by the common law , to mooue a byshop or any other bene●iced parson to relinquish and surrender their function , conscientia criminis , debilitas corporis , defectus scientia , malitiae plebis , graue scandolum , & irregularitas persona . lastly , let vs consider , that resignation is deemed in the law totally to be the act of the partie , and therefore if any incument being plaintiffe in any action resigne his dignity or promotion , his writ brought by him as incumbent shall abate . but if such incumbent take out a writ concerning his r●ctory , and afterward resigne , and againe be promoted to the same dignity , before the returne of the writ aforesaid , it is good and auaileable . vpon the part of the de●endant vpon the same reason , is the law ; that if any action bee brought against any incumbent , that may charge him in respect of his seuerall promotions , his resignation ( hauing the same suite ; for that , that it is his act ) shall not abate such writ or action . it is to be noted , that there are two sorts of resignations , the one is absolute , when the incumbent intendeth so to make voyde the church , and to surrender his right therein to the ordinary , wherevpon the patron may present whosoever it shall please him to the church , as if the said had beene voyded by death , or other meanes of avoydance , as by precedent authorities hath appeared . the other cause of resignation , is causa permutationis , of which in the register , fol. 306. b. appeareth a precedent . whereupon also ensueth the forme of presentation in this manner . in dei nomine , ego h. w. nunc rector ecclesiae de p. london . diocefies & prius rector ecclesiae de l. ● . dictae p. diocesies protestor dico & allego in hijs scriptis quod si contingit quod huiusmodi ecclesia me● , de p. absque dolo & culpa meis in hac parte à me aliqualiter evincatur volo & intendo ad dictam ecclesiam de n. absque aliqua difficultat . libere & licite redire , & eam rehabere iuxta canonicas sanctiones & protestor insuper quod non intendo nec volo ab huiusmodi protestatione seu affectu eiusdem recedere aliqualiter in futurum sed eidem protestitationi & contentis in eadem volo & intendo in futuris temporibus sirmiter adhaerere , iuris benesicio in omnibus semper soluo , &c. but to what purpose protestation should seem in our law , i cannot perceiue ; for that , that it appeareth by the booke in the 45 ▪ h. 3. & fitzh . exchange it . lect . 16. the next speciall meanes , in avoydance of spirituall promotions presentatiue , is creation . now creation is , where the incumbent is not onely elected , but consecrated byshop , or atchbishop . by the former dignities of such consecrated , the benefices becomes voyd , and the churches or places seuerall ( where their former sanctuarie was to be executed ) and vtterly discharged of their incumbent , and this immediatly vpon consecration without solemne sentence declaratorie in the spirituall court. the reason whereof , is not onely for inconuenience of pluralities ; but also , because it should be likewise inconuenient for one and the same parson to be a subiect and a soueraigne , which in the course of our manner of iurisdiction cannot be , but is reserued in the superiour . neuerthelesse , such auoyuance is not before consecration or creation , nor before consecration is he that is promoted , deemed or called bishop , or archbishop : as appeareth by those authorities of 5. e. 2. fitzh . br . 250. vide 9. e. 3. f. 1. trial . 571. 7. e. 3. 40. a. b. vide 21. e. 3. 40. a. b. 41. e. 3. 56. b. 46. e. 3. 32. 11. h. 4. 37. 59. 76. & 22. h. 6. 27. ● . for the better vnderstanding of this kind of auoydance , it is to be noted , that as foure things are required to concurre for the full perfecting of any parson or parsons preferred to any dignitie ecclesiasticall , presentatiue or collatiue , as ( to wit , ) first of all presentation , or as the case requireth collation ; secondly , admission ; thirdly , institution , and fourthly & lastly , induction . so in the promoting of a bishop or archbishop , by the spirituall lawes , were required ( before the statute of the 25. h. 8. cap. 20. ) also foure things , answerable in many respects to the foure former before recited . as first election , secondly confirmation , thirdly consecration , creation , or investure ; and fourthly , installation , or inthronation . the election was made by the deane and chapter , or by the pryor and co●ent , where they being as deane and chapter , as in euery of the seas cathedrall of canterbury , worcester , and norwich , in which churches the pryor and covent was till the dissolution of monasteries , at which time the same pryories were dissolued , and in steed of them in euery of the same cathedrall churches , a deane and chapter hath been by priuate acts of parliament erected . but in some other cathedrall churches , the election hath beene both by deane and chapter , as of wells ; and by the pryor and covent at bathe ; and in the sea of coventry and lichsield . and in some other cathedrall seas , the election of the byshop haue beene by two severall deanes and chapters , as in the archbyshopricke of dublin in ireland , where both the deane and the chapter of christs church , and the deane and chapter of saint patricks joyned in election , and both of them vsed to confirme the grants of the byshop , although christs church was knowne to be the more ancient church to that sea. as concerning therefore the election of archbyshops and byshops , the kings of this realme of their prerogatiue royall , and being immediate patrons of the same cathedrall church , in ancient time gaue and bestowed of their imperiall inrisdiction , archbyshopricks and byshopricks , to such worthy parsons as they thought fit , without any election of the chapter as appeareth , in the 17. e. 3. 46. stower , and this inuesture was by a ring and a little staffe , by the deliuerie of the king , and ensignes of the byshop ; but afterward in the time of king iohn , in as much , as the popes had made constitution , that no man should enter into the church by a secular person , totally , and that the bishop of rome coueted to erect the popery aboue the throne of kings . a great controuersie was now amongst the monkes of canterbury , vpon the death of hubbert their archbyshop , concerning the election of a new one , and although the youngest sect of the monkes hauing license of the king , and also appointment of the king to chuse iohn gray , one of the byshops in this realme for their archbyshop , yet the quarrell grew to such fervencie , that it could not be quenched vnlesse from rome , where the pope taking opportunity of such discention , would not receiue any of the elected , but forced the monkes to chuse for their archbyshop stephen langhton , then cardinall of saint chrisogon , whereof ensued the great discord betweene the king , and the pope ; of which , such was the tyranny of antichrist , that not onely the whole land was interdicted , and so remained fiue yeares . but the king was accursed , and the subiects were discharged of their obedience , and oath of their allegiance to their naturall prince ; and lewis the french kings son provoked to make warre , against king iohn , vntill he were constrained to seeke peace at the hands of the pope , to yeeld his crowne to the legate , and after fiue dayes to take it againe at the legates hands , and become feodary tenant to the pope for the same , paying an annuall sum of mony to the church of rome , for euer ; but also to content his cleargy , he gaue to them alwayes free election of spirituall dignities , which memorable antiquitie of the kings praerogatiue and the losse thereof , is briefly touched in the 2. h. 4. 686. and more at large by the hystories of those times , and although hereby free elections were giuen to the cleargie , yet sued they forth the kings license to proceed to election . the election of a bishop thus made , did not beare the name of a bishop but was to be called lord elect of the place or bishoprick , to which he was elected . the second is confirmatiō , which was vsually made by the bishop of rome and not any other , who ( before such confirmation ) vsed to examine the partie , and vpon cause of nonabilitie to refuse him . the third is consecration , which was performer by the bishop and two other bishops at the least of the same province where the bishoprick then was , being thereunto appointed with the vse of certaine ceremonies , as beatitudes , holding of the bible ouer the head of the parson to be consecrated , laying on of their hands vpon his head , anointing , and other rites , therevnto requisite ; and yet it is said , that the pope reserued the consecration of the bishop to himselfe after election and confirmation , and before creation and consecration : he that was so elected and consecrated , might still retaine the name of his former dignity , and if hee would refuse the imposed charge of the bishopricke . and yet after confirmation and before consecration , of the parson confirmed , hee might exercise so much of his spirituall function as concerned the iurisdiction , but no matters concerning ordination might he meddle with , for the full vnderstanding whereof it is to bee knowne , that all things belonging to the episcopall function or ministery , are to be reduced to three points ; for they belong to him , either ratione iurisdictionis , as the hearing of spirituall causes , censures , and corrections ecclesiasticall , as excommunications vpon offenders and such like which may be performed by him after confirmation . or , ratione ordinationis , as giuing of orders , consecrating or allowing of churches , or such like , which he cannot doe before consecration . or , lege diocesiana , as the execution of ecclesiasticall payments and pensions due to him , as dioclesian of the clargie rated vpon the bishoppricks of his diocesse , called therefore by the common law census cathedraticus . notwithstanding , the king may restore to him his temporalties after confirmation and before consecration if so it please his highnesse , but this is de gracia & non deiure . but after consecration , he was holden in all respects a perfect bishop , and all his former dignities thereby were avoided , for although by confirmation spirituale coniugium contrahetur , yet by consecration consumatur . the last thing is , installation or inthronation , by which he is fully enabled , to pursue his temporalties out of the hands of the king , and actually to enioy the benefit thereof , but if after consecration and before he sue for the temporalties out of the hands of the king , the free-hold bee in him , or not is diue●sly taken in the 38. e. 3. ●0 . ● , 5. notwithstanding , the metropolitan ought to certifie the day and time of the consecration of euery bishop , within his diocesse , for according therevnto he shall be restored to his temporalties , and this i thinke to be reason . thus you see , that in some respect the election of a bishop resembleth the presentation of a parson , the confirmation , resembleth the admission , of a parson , the creation resembleth the institution of a parson , and the installation or the inthronation the induction of a parson , yet in many other respects they differ . and although after the abrograting of the popes authoritie out of this realme , it be ordained by the 25. h. 8. cap. 20. that the election of bishops and archbishops , should be altered and the king restored to his ancient prerogatiue therein , which prerogatiue king iohn and his ancient progenitors long since enioyed , and although likewise the ceremonies , forme , and manner of consecration of bishops by the authority of parliaments , in the time of king ed. the sixt , were now appointed and published , all acts of parliament being repealed by the first and second of philip and mary , are now reviued and in force , by eliz. yet our former position holds now firme law , that no church nor spirituall dignitie at this day , becommeth voyde , by king the incumbent thereof byshop , vntill his consecration , as well by rigour of ancient time , as by statute . and therefore at the common law , if the king vpon defect , or otherwise , giue by vertue of the 25. h. 8. 20 ▪ by his letters pattents to any fit parson , any byshopricke or archbyshopricke within this realme , without election , and therevpon before consecration restore to him his temporalties , or if the pope had giuen a byshopricke to any fit person by reseruation , which amounteth in law to an election and confirmation , if the king had restored to him his temporalties , yet in both cases vntill consecration , he is no perfect byshop , nor his former dignities by such grant and restitution of temporalties become voyde vntill consecration as aforesaid . if before the 25. of h. 8. 10. the incumbent of a benefice had beene elected byshop and confirmed , and before consecration had , obtained of the byshop of rome , a dispensation still to enioy his former benefice , notwithstanding his creation or consecration , had ensued accordingly ; yet by such creation , the church should not haue beene voyde , but the partie still enabled to retaine the same benefice against the patron by vertue of such dispensation . so at this day , if an incumbent of a spirituall benefice , be elected and confirmed , and before hee bee consecrated , obtaine licence or dispensation of the archbyshop of canterbury , to detaine the benefice incommendam ; yet hee shall be promoted to the same byshopricke , although his licence neuer bee enrolled in the chancerie , according to the 25. h. 8. but onely enrolled by the register of the archbyshop , although the consecration be before this licence or dispensation appointed to take effect , yet by vertue of such dispensation , the former dignitie or benefice becommeth not voyd , by the same consecration . yet if the i●eumbent of any spirituall benefice be elected , consecrated , and confirmed byshop , and after his consecration procureth a dispensation of the pope in papacie , or of the metropolitan since the stat. of the 25. h. 8. c. 20. such dispensation shall not be available ; because , by the consecration , the former dignity or benefice was actually , and in deed voyd ; and then , neyther the dispensation of the pope , could at any time , nor of the metropolitā at this time , take from the patron , the right of his presentation of such avoyded dignitie , by the consecration acrewed to him ; because , after the first dignitie is once voyde by the consecration , the dispensation commeth too late . yet the king , ex summa authoritate sua regia ecclesiastica qua fungitur , may grant ( to the byshop that is consecrated ) power to take and receiue by presentation , institution and induction , any spirituall benefice , and to hold the same in commendam , notwithstanding his estate of being byshop , for so the pope vsed to doe , and the same authority is recognised by the statute of the 25. h. 8. to be in the king or queene of this land , which was within this realme by the pope . finally , this is to be noted , that whereas before it hath bin said , that deprivation is the act of the law , yet grounded vpon the act of the partie ; so is creation of the byshop , the act of the law , wherefore if a man bring an action and pendant his writ , bee created byshop , the writ shall not abate ; because , it is onely the act of the law , but yet resignation is meerely the act of the party , thus much for creation . finis . notes, typically marginal, from the original text notes for div a20574-e450 tull : offi● . lib. 1. quid. fitzh . n. br. 30. ibid. 33. a. 31. e. ib. 34. 9. e. 14. h. 3. fetzh . quare imp. 183. summa ho●stènsis d● jure patrono . sūma anglse eod . tit . sūma siluestrinae tit . patronatus . 34. h. 6. 40 v. asliton . iohan. bellonius de et imologijs . 34. e. 3. fitzh . qu. imp. 187. ●●●ma hostieus . ti● . ius patronas . i. honos onus . vtilitas . breuia . 33. h. 6. 34 b. & 35 a. act . 13. e. 3. 15. b. 33. h. 6. 33. a. 5. h. 7. 36. b. 37. a. fitz● . 1● br . 217. b. 12. h. 8. 7. b. per pollyard . com. 284. a com. 487. b bracton jus. 2. h. 7. 36. ratio 1. 12. h. 8. 7. b 21. h. 7. 4. ae ratio , 2. 31 , ● . 3. graunt 90 , anuitie 53. ratio , 3. fitzh . release , 57. ●ur ven . 6. 33. aide ●● roie , 103. 7. h. 6. 38. b 8. h. 6. 24. 21. h. 7. 44 7. h. 4. 16. ● 11. h. 5. ● . 8 ▪ b. 14. h. 8. 31. ● . fitzh . 30. b 38 ▪ ● . 6 , 20 a. per por●escue . com. 157. ● 45. e. 3. 19. b 32. h. 6. 3● a. 7. h. ● . 13 , b. fitzh . fol. 34. f. 9. e. 3 43. e. 3. 16. 20. e. 4. 15. b 5. h. 7. 17. b 6. h. 7. 3. a. 12. h. 7. 16. a 26. h. 8. 2. a 33. h. 6. 34. b. com. 176. v 21. e. 3. 5. a 40. e. 3. 44. b. 42. e. 3. 7. b. 1. h. 4. 16. a. 33. h. 6. 34. b. 5. h. 7. 37. 14. h. 7. 26. a. 15. h. 7. 8. 43. e. 3 ▪ 15. b 33. h. 6. 35. 5. h. 7. 33. b. 33 , h 6. 35 b. 5. h. 7. 37 , b. 15. h 8. a. 5. h. 7 , 37. on. 38 , b. 20. e. 4. 15 , b 5. h. 7 , 38. 15. h. 7. 8 a. 7 e , 4 6. fitzh . 29 3 , 1 49. d 3. h 7. 5 , a. 19. e. 2. fitzh . qu. imp. 177. fitzh . 3. b. 32. h. 6. 11 b. 14 h , 6. 15 , b. fitzh . 30. v. 7 , e. 3. 30 , b fitzh , 31. b. 14 , h. 6 , 15 , b. 33 , h 6 , 11 , b. 5 , h , 7 , 7 , b. 14 ▪ h. 6 15 b , fitzh , 11 br , 39. 29 , e , 3 , 5. b. 9 , h , 6. 57 , a , 32 , h , 6 , 22 ▪ a. 5 ▪ h 7 , 36. a ▪ 37 , b , 12. h ▪ 8 , a. 8 , e , 3. fitzh , recouery in value 11 , & 9. 33 h , 6. 4. lit. 20 , e. 4. 15 , a. 8 , h. 7 ▪ 4 ▪ b. com. 161 ▪ ● 5. h. 7. 6. 5. ● . 7 ▪ 37. a. 13. a ▪ 11 ▪ e. 4. 11. v. 2● e. 4. 15 ▪ b. fitzh , 33. k ● . 10. h. 7. 19 33. h. 6 ▪ 4. b. lib. vlt. 34. ● . 3. quare ●●p . fitzh , 10. 9. e. 6. 5. 9. b. 20. dyer . 14 h. 6. 25 b. fitzh . 39 ●2 . h. 6. 64. b. 33. h. 6. 11 12. a. 6 , ● . 6. 74. b 44. dyer . 18 , e. 3 , ●5 . 41 , h. 4. fitzh . 88. 33. h. 6. 5. a. fine . 5. h. 7. 10. a fitzh . feofments and feof . 115. 17. e. 3. 45 18 , 19 , 21 , 22. e. 3. 6. b 7. a. thorpe . fitzh . 32 ▪ ● 43 ▪ e. 3. 26. b or . v. thorp . 17. e. 5. a. mombray com. 170. b. 16 , h. 7 , 13 b ▪ & . 9 , b. 17 , e , 3 , 51 ▪ ● 20. e. 4. 6. b. 11 , h 6. 32. b 5. e. ● . qu. imp. 165. & 178. 7. e. 3 12 , a. 51. a. 16. e. 3. w , d● faits , 11 , 6 , 5. e. 3. 26 b. 11 , h. 6. 18 b. 31. h. 6 , 14. a. fitzh . 33. v. t. 34 & 35. f. 2. e. 3. grants , 89. & 56 , dyer 35 , 7 , e. 4. 61. a , 75 , a : 11. h , 6 , 18 a. & 32. b. 17. e. 3. 51. ● 11. h , 6. 18 & 32. b. ● 11 ▪ h. 6. 18 & 22. 8 , h. 7 , 16. com. 169 , b 43 , e , 3. 30 a. fitzh . qu. i 〈…〉 p. 13 33. e. 3. fitzh . aid le roy , 103. ibid. fitzh . 103. ratio . 1. 22. h 6 33 lib. fund leg . 70. 2. ratio . 2. 9. h 6. ●8 or 8. b. 38. h. 6 , 33 a , 39. b. 10. h. 7. 19 a , keeble . ratio . 3. 5 h. 7. 36 , a & 38 , a 4. e , 4 , 36. b ●it . 184. 9. e. 4 , 39. b 5 ▪ h. 7. 5. h , 7. 4. b 21 e. 4. 32. b 19. ass 10 8. h. 7. 6. 1. e. 4 10. a. 18 h. 7 12 , b 11 , h. 6. 81 21. ass . 53. br. incid . 34 12. e. 288. 1. reason answered . fitzh . 181. 44 e ▪ 3 , bre , 581 , 5. h , 7 , 37 , b. 9 , h , 6 , 28 , b , ●3 . h. 6. 39. 38. h. 6. 38. a. 3. reason answered . 19. e. 3. fitzh . br . 884. regist . 228. br . incid . 38. p. 39. 39. eliz. rot. 2024. longs case , in com. bank : 5. e. 6. 70. pl. 41. dyer iudgement . bracton . lib. ● . ●● . 55. c. 23. 38. h 6. 38 b. 38. a. ●4 . e. 3. 69 a. b. 14. h. 4 11. a. 1. h. 5 16. ● . & . 4. 123. a. 21. h. 6. 17. fit●b . 33. b 14. h. 4. 11. a. 21. h. 6. ●7 . a. 24. e. 3. 69 b. com. 526. ●1 . e. 3. ● . ● 1. 2. 14. h. 8. 8. a 38. ● . 3. 30 b. 5. ● . 2. fitzh . 800 , 2 , e , 3 ▪ fitzh ▪ bre . 250 , 21 , ● . ● . 5. 6. 41 , e , 3 , 56 46 , ● , 3. 32 ● . constitutions and canons ecclesiastical treated upon by the bishop of london, president of the convocation for the province of canterbury, and the rest of the bishops and clergy of the said province, and agreed upon with the king's majesty's licence in their synod begun at london anno domini 1603, and in the year of the reign of our sovereign lord james, by the grace of god, king of england, france, and ireland the first, and of scotland the thirty seventh : and now published for the due observation of them, by his majesty's authority, under the great seal of england. church of england. 1678 approx. 172 kb of xml-encoded text transcribed from 40 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-10 (eebo-tcp phase 1). a32989 wing c4101 estc r40829 12952478 ocm 12952478 95976 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32989) transcribed from: (early english books online ; image set 95976) images scanned from microfilm: (early english books, 1641-1700 ; 2331:2) constitutions and canons ecclesiastical treated upon by the bishop of london, president of the convocation for the province of canterbury, and the rest of the bishops and clergy of the said province, and agreed upon with the king's majesty's licence in their synod begun at london anno domini 1603, and in the year of the reign of our sovereign lord james, by the grace of god, king of england, france, and ireland the first, and of scotland the thirty seventh : and now published for the due observation of them, by his majesty's authority, under the great seal of england. church of england. bancroft, richard, 1544-1610. [6], 64, [8] p. printed for samuel mearne ..., and robert pawlet, london : 1678. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual 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characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -government. ecclesiastical law -england -early works to 1800. 2003-04 tcp assigned for keying and markup 2003-05 aptara keyed and coded from proquest page images 2005-03 jonathan blaney sampled and proofread 2005-03 jonathan blaney text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion constitutions and canons ecclesiastical , treated upon by the bishop of london , president of the convocation for the province of canterbury , and the rest of the bishops and clergy of the said province : and agreed upon with the king's majesty's licence in their synod begun at london anno domini , 1603. and in the year of the reign of our sovereign lord james , by the grace of god king of england , france , and ireland the first , and of scotland the thirty seventh : and now published for the due observation of them , by his majesty's authority , under the great seal of england . london , printed for samuel mearne , stationer to the king 's most excellent majesty , and robert pawlet , 1678. james by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . whereas our bishops , deans of our cathedral churches , archdeacons , chapters and colledges , and the other clergy of every diocess within the province of canterbury , being summoned and called by virtue of our writ directed to the most reverend father in god , john , late archbishop of canterbury , and bearing date the 31. day of january , in the first year of our reign of england , france and ireland , and of scotland the 37. to have appeared before him in our cathedral church of st. paul in london , the 20. day of march then next ensuing , or elsewhere , as he should have thought it most convenient , to treat , consent , and conclude upon certain difficult and urgent affairs mentioned in the said writ , did thereupon at the time appointed , and within the cathedral church of st. paul aforesaid , assemble themselves , and appear in convocation for that purpose , according to our said writ , before the right reverend father in god , richard , bishop of london , duly ( upon a second writ of ours dated the 9. day of march aforesaid ) authorized , appointed and constituted , by reason of the said archbishop of canterbury his death , president of the said convocation , to execute those things which by virtue of our first writ did appertain to him the said archbishop to have executed if he had lived : we , for divers urgent and weighty causes and considerations us thereunto especially moving , of our especial grace , certain knowledge , and meer motion , did by virtue of our prerogative royal , and supreme authority in causes ecclsieastical , give and grant by our several letters patents under our great seal of england , the one dated the 12. day of april last past , and the other the 25. day of june then next following , full , free and lawful liberty , licence , power and authority unto the said bishop of london , president of the said convocation , and to the other bishops , deans , archdeacons , chapters and colledges , and the rest of the clergy before mentioned of the said province , that they from time to time during our first parliament now prorogued , might confer , treat , debate , consider , consult and agree of , and upon such canons , orders , ordinances and constitutions , as they should think necessary , fit and convenient for the honour and service of almighty god , the good and quiet of the church , and the better government thereof , to be from time to time observed , performed , fulfilled , and kept as well by the archbishops of canterbury , the bishops and their successors , and the rest of the whole clergy of the said province of canterbury in their several callings , offices , functions , ministeries , degrees and administrations , as also by all and every dean of the arches , and other iudge of the said archbishop's courts , guardians of spiritualties , chancellors , deans and chapters , archdeacons , commissaries , officials , registers , and all and every other ecclesiastical officers , and their inferiour ministers whatsoever , of the same province of canterbury , in their and every of their distinct courts , and in the order and manner of their and every of their proceedings : and by all other persons within this realm , as far as lawfully , being members of the church , it may concern them , as in our said letters patents amongst other clauses more at large doth appear . forasmuch as the bishop of london , president of the said convocation , and others the said bishops , deans , archdeacons , chapters and colledges , with the rest of the clergy , having met together at the time and place before mentioned , and then and there by virtue of our said authority granted unto them , treated of , concluded , and agreed upon certain canons , orders , ordinances and constitutions , to the end and purpose by us limited and prescribed unto them , and have thereupon offered and presented the same unto us , most humbly desiring us to give our royal assent unto their said canons , orders , ordinances and constitutions , according to the form of a certain statute or act of parliament made in that behalf , in the 25. year of the reign of king henry the eighth , and by our said prerogative royal and supreme authority in causes ecclesiastical , to ratifie by our letters patents under our great seal of england , and to confirm the same ; the title and tenour of them being word for word , as ensueth . constitutions and canons ecclesiastical , treated upon by the bishop of london , president of the convocation for the province of canterbury , and the rest of the bishops and clergy of the said province ; and agreed upon with the king's majesty's licence in their synod begun at london , anno dom. 1603. and in the year of the reign of our sovereign lord james by the grace of god , king of england , france , and ireland the first , and of scotland the thirty seventh . of the church of england . i. the king's supremacy over the church of england , in causes ecclesiastical , to be maintained . as our duty to the king 's most excellent majesty requireth , we first decree and ordain , that the archbishop of canterbury ( from time to time ) all bishops of this province , all deans , archdeacons , parsons , vicars , and all other ecclesiastical persons , shall faithfully keep and observe , and ( as much as in them lieth ) shall cause to be observed and kept of others , all and singular laws and statutes made for restoring to the crown of this kingdom , the ancient jurisdiction over the state ecclesiastical , and abolishing of all foreign power repugnant to the same . furthermore , all ecclesiastical persons having cure of souls , and all other preachers , and readers of divinity lectures , shall to the uttermost of their wit , knowledge and learning , purely and sincerely ( without any colour or dissimulation ) teach , manifest , open , and declare four times every year ( at the least ) in their sermons and other collations and lectures , that all usurped and foreign power , ( forasmuch as the same hath no establishment , nor ground by the law of god ) is for most just causes taken away and abolished : and that therefore no manner of obedience , or subjection within his majesty's realms and dominions , is due unto any such foreign power : but that the king's power within his realms of england , scotland and ireland , and all other his dominions and countries , is the highest power under god , to whom all men , as well inhabitants , as born within the same , do by god's laws owe most loyalty and obedience , afore and above all other powers and potentates in earth . ii. impugners of the king's supremacy , censured . whosoever shall hereafter affirm , that the king's majesty hath not the same authority in causes ecclesiastical , that the godly kings had amongst the jews , and christian emperours of the primitive church , or impeach any part of his regal supremacy in the said causes restored to the crown , and by the laws of this realm therein established : let him be excommunicated ipso facto , and not restored , but only by the archbishop , after his repentance and publick revocation of those his wicked errors . iii. the church of england , a true and apostolical church . whosoever shall hereafter affirm , that the church of england by law established under the king's majesty , is not a true and an apostolical church , teaching and maintaining the doctrine of the apostles : let him be excommunicated ipso facto , and not restored , but only by the archbishop , after his repentance and publick revocation of this his wicked errour . iv. impugners of the publick worship of god established in the church of england , censured . whosoever shall hereafter affim , that the form of god's worship in the church of england , established by law , and contained in the book of common prayer and administration of sacraments , is a corrupt , superstitious , or unlawful worship of god , or containeth any thing in it that is repugnant to the scriptures : let him be excommunicated ipso facto , and not restored , but by the bishop of the place , or archbishop , after his repentance and publick revocation of such his wicked errors . v. impugners of the articles of religion established in the church of england , censured . whosoever shall hereafter affirm , that any of the nine and thirty articles agreed upon by the archbishops and bishops of both provinces , and the whole clergy in the convocation holden at london , in the year of our lord god , one thousand five hundred sixty two , for avoiding diversities of opinions , and for the establishing of consent touching true religion , are in any part superstitious or erroneous , or such as he may not with a good conscience subscribe unto : let him be excommunicated ipso facto , and not restored , but only by the archbishop , after his repentance and publick revocation of such his wicked errors . vi. impugners of the rites and ceremonies established in the church of england , censured . whosoever shall hereafter affirm , that the rites and ceremonies of the church of england by law established , are wicked , antichristian , or superstitious , or such as being commanded by lawful authority , men who are zealously and godly affected , may not with any good conscience approve them , use them , or as occasion requireth , subscribe unto them : let him be excommunicated ipso facto , and not restored until he repent , and publickly revoke such his wicked errors . vii . impugners of the government of the church of england by archbishops , bishops , &c. censured . whosoever shall hereafter affirm , that the government of the church of england under his majesty by archbishops , bishops , deans , archdeacons , and the rest that bear office in the same , is antichristian , or repugnant to the word of god : let him be excommunicated ipso facto , and so continue until he repent , and publickly revoke such his wicked errors . viii . impugners of the form of consecrating and ordering archbishops , bishops , &c. in the church of england , censured . whosoever shall hereafter affirm or teach , that the form and manner of making and consecrating bishops , priests and deacons , containeth any thing in it , that is repugnant to the word of god ; or that they who are made bishops , priests or deacons in that form , are not lawfully made , nor ought to be accounted either by themselves or others ; to be truly either bishops , priests or deacons , until they have some other calling to those divine offices : let him be excommunicated ipso facto , not to be restored until he repent , and publickly revoke such his wicked errors . ix . authors of schism in the church of england , censured . whosoever shall hereafter separate themselves from the communion of saints , as it is approved by the apostles rules in the church of england , and combine themselves together in a new brother-hood , accompting the christians who are conformable to the doctrine , government , rites and ceremonies of the church of england , to be prophane and unmeet for them to joyn with in christian profession : let them be excommunicated ipso facto ; and not restored , but by the archbishop , after their repentance and publick revocation of such their wicked errors . x. maintainers of schismaticks in the church of england , censured . whosoever shall hereafter affirm , that such ministers as refuse to subscribe to the form and manner of god's worship in the church of england , prescribed in the communion book , and their adherents , may truly take unto them the name of another church not established by law , and dare presume to publish it , that this their pretended church hath of long time groaned under the burthen of certain grievances imposed upon it , and upon the members thereof before mentioned , by the church of england , and the orders and constitutions therein by law established : let them be excommunicated , and not restored until they repent , and pulickly revoke such their wicked errors . xi . maintainers of conventicles , censured . whosoever shall hereafter affirm or maintain , that there are within this realm other meetings , assemblies or congregations , of the king 's born subjects , than such as by the laws of this land are held and allowed , which may rightly challenge to themselves the name of true and lawful churches : let him be excommunicated , and not restored , but by the archbishop , after his repentance , and publick revocation of such his wicked errors . xii . maintainers of constitutions made in conventicles , censured . whosoever shall hereafter affirm , that it is lawful for any sort of ministers and lay-persons , or of either of them , to joyn together , and make rules , orders , or constitutions in causes ecclesiastical , without the king's authority , and shall submit themselves to be ruled and governed by them : let them be excommunicated ipso facto , and not be restored until they repent , and publickly revoke those their wicked and anabaptistical errors . of divine service , and administration of the sacraments . xiii . due celebration of sundays and holy-days . all manner of persons within the church of england , shall from henceforth celebrate and keep the lord's day , commonly called sunday , and other holy-days , according to god's holy will and pleasure , and the orders of the church of england , prescribed in that behalf ; that is , in hearing the word of god read and taught , in private and publick prayers ; in acknowledging their offences to god , and amendment of the same , in reconciling themselves charitably to their neighbours , where displeasure hath been , in oftentimes receiving the communion of the body and blood of christ , in visiting of the poor and sick , using all godly and sober conversation . xiv . the prescript form of divine service to be used on sundays and holy-days . the common prayer shall be said or sung distinctly and reverently upon such days as are appointed to be kept holy by the book of common-prayer , and their eves , and at convenient and usual times of those days , and in such place of every church as the bishop of the doicess , or ecclesiastical ordinary of the place shall think meet for the largeness or straitness of the same , so as the people may be most edified . all ministers likewise shall observe the orders , rites , and ceremonies prescribed in the book of common-prayer , as well in reading the holy scriptures , and saying of prayers , as in administration of the sacraments , without either diminishing in regard of preaching , or in any other respect , or adding any thing in the matter or form thereof . xv. the letany to be read on wednesdays and fridays . the letany shall be said or sung when , and as it is set down in the book of common-prayer , by the parsons , vicars , ministers , or curats , in all cathedral , collegiate , parish churches and chapels , in some convenient place , according to the discretion of the bishop of the diocess , or ecclesiastical ordinary of the place . and that we may speak more particularly , upon wednesdays and fridays weekly , though they be not holydays , the minister at the accustomed hours of service , shall resort to the church and chapel , and warning being given to the people by tolling of a bell , shall say the letany prescribed in the book of common-prayer : whereunto we wish every housholder dwelling within half a mile of the church , to come or send one at the least of his houshold fit to joyn with the minister in prayers . xvi . colledges to use the prescript form of divine service . in the whole divine service , and administration of the holy communion , in all colledges and halls in both universities , the order , form and ceremonies , shall be duly observed , as they are set down and prescribed in the book of common-prayer , without any omission or alteration . xvii . students in colledges to wear surplices in time of divine service . all masters and fellows of colledges or halls , and all the scholars and students in either of the universities , shall in their churches and chapels upon all sundays , holydays , and their eves , at the time of divine service , wear surplices according to the order of the church of england : and such as are graduats , shall agreeably wear with their surplices such hoods as do severally appertain unto their degrees . xviii . a reverence and attention to be used within the church in time of divine service . in the time of divine service , and of every part thereof , all due reverence is to be used , for it is according to the apostle's rule , let all things be done decently , and according to order : answerable to which decency and order , we judge these our directions following ; no man shall cover his head in the church or chapel in the time of divine service , except he have some infirmity ; in which case , let him wear a night-cap or coif . all manner of persons then present , shall reverently kneel upon their knees when the general confession , letany , and other prayers are read ; and shall stand up at the saying of the belief , according to the rules in that behalf prescribed in the book of common-prayer : and likewise when in time of divine service the lord jesus shall be mentioned , due and lowly reverence shall be done by all persons present , as it hath been accustomed ; testifying by these outward ceremonies and gestures , their inward humility , christian resolution , and due acknowledgement , that the lord jesus christ , the true eternal son of god , is the only saviour of the world , in whom alone all the mercies , graces and promises of god to mankind , for this life and the life to come , are fully and wholly comprized . none , either man , woman or child , of what calling soever , shall be otherwise at such times busied in the church , than in quiet attendance to hear , mark and understand that which is read , preached or ministred ; saying in their due places audibly with the minister , the confession , the lord's prayer and the creed ; and making such other answers to the publick prayers , as are appointed in the book of common-prayer : neither shall they disturb the service or sermon by walking or talking , or any other way , nor depart out of the church during the time of service or sermon , without some urgent or reasonable cause . xix . loyterers not to be suffered near the church in time of divine service . the church-wardens or quest-men , and their assistants , shall not suffer any idle persons to abide either in the church-yard or church-porch , during the time of divine service or preaching ; but shall cause them either to come in , or to depart . xx. bread and wine to be provided against every communion . the church-wardens of every parish against the time of every communion , shall at the charge of the parish , with the advice and direction of the minister , provide a sufficient quantity of fine white bread , and of good and wholesom wine for the number of communicants that shall from time to time receive there : which wine we require to be brought to the communion table in a clean and sweet standing pot , or stoop of pewter , if not of purer metal . xxi . the communion to be thrice a-year received . in every parish church and chapel where sacraments are to be administred within this realm , the holy communion shall be ministred by the parson , vicar , or minister , so often , and at such times as every parishioner may communicate , at the least thrice in the year ( whereof the feast of easter to be one ) according as they are appointed by the book of common-prayer . provided , that every minister as oft as he administreth the communion , shall first receive that sacrament himself . furthermore , no bread or wine newly brought shall be used ; but first the words of institution shall be rehearsed when the said bread and wine be present upon the communion table . likewise the minister shall deliver both the bread and the wine to every communicant severally . xxii . warning to be given beforehand for the communion . vvhereas every lay person is bound to receive the holy communion thrice every year , and many notwithstanding do not receive that sacrament once in a year : we do require every minister to give warning to his parishioners publickly in the church at morning prayer , the sunday before every time of his administring that holy sacrament , for their better preparation of themselves : which said warning we enjoyn the said parishioners to accept and obey , under the penalty and danger of the law. xxiii . students in colledges to receive the communion four times a-year . in all colledges and halls within both the universities , the masters and fellows , such especially as have any pupils , shall be careful that all their said pupils , and the rest that remain amongst them , be well brought up , and throughly instructed in points of religion , and that they do diligently frequent publick service , and sermons , and receive the holy communion ; which we ordain to be administred in all such colledges and halls , the first and second sunday of every month , requiring all the said masters , fellows , and scholars , and all the rest of the students , officers , and all other the servants there so to be ordered , that every one of them shall communicate four times in the year at the least , kneeling reverently and decently upon their knees , according to the order of the communion book prescribed in that behalf . xxiv . copes to be worn in cathedral churches by those that administer the communion . in all cathedral and collegiate churches , the holy communion shall be administred upon principal feast-days , sometimes by the bishop , if he be present , and sometimes by the dean , and at some times by a canon , or prebendary , the principal minister using a decent cope , and being assisted with the gospeller and epistler agreeably , according to the advertisements published ann. 7 elizabethae : the said communion to be administred at such times , and with such limitation as is specified in the book of common-prayer . provided , that on such limitation by any construction shall be allowed of , but that all deans , wardens , masters , or heads of cathedral and collegiate churches , prebendaries , canons , vicars , petty canons , singing-men , and all others of the foundation , shall receive the communion four times yearly at the least . xxv . surplices and hoods to be worn in cathedral churches when there is no communion . in the time o` divine service and prayers in all cathedral and collegiate churches , when there is no communion , it shall be sufficient to wear surplices : saving that all deans , masters and heads of collegiate churches , canons and prebendaries being graduats , shall daily at the times both of prayer and preaching , wear with their surplices such hoods as are agreeable to their degrees . xxvi . notorious offenders not to be admitted to the communion . no minister shall in any wise admit to the receiving of the holy communion , any of his cure or flock which be openly known to live in sin notorious without repentance , nor any who have maliciously and openly contended with their neighbours , until they shall be reconciled : nor any churchwardens or side-men , who having taken their oaths to present to their ordinaries all such publick offences as they are particularly charged to enquire of in their several parishes , shall ( notwithstanding their said oaths , and that their faithful discharging of them is the chief means whereby publick sins and offences may be reformed and punished ) wittingly and willingly , desperately and irreligiously incur the horrible crime of perjury , either in neglecting or in refusing to present such of the said enormities and publick offences , as they know themselves to be committed in their said parishes , or are notoriously offensive to the congregation there , although they be urged by some of their neighbours , or by their minister , or by their ordinary himself , to discharge their consciences by presenting of them , and not to incur so desperately the said horrible sin of perjury . xxvii . schismaticks not to be admitted to the communion . no minister when he celebrateth the communion , shall wittingly administer the same to any but to such as kneel , under pain of suspension , nor under the like pain to any that refuse to be present at publick prayers , according to the orders of the church of england , nor to any that are common and notorious depravers of the book of common-prayer , and administration of the sacraments , and of the orders , rites , and ceremonies therein prescribed , or of any thing that is contained in any of the articles agreed upon in the convocation , one thousand five hundred sixty and two , or of any thing contained in the book of ordering priests and bishops , or to any that have spoken against and depraved his majesty's sovereign authority in causes ecclesiastical ; except every such person shall first acknowledge to the minister before the church-wardens , his repentance for the same , and promise by word ( if he cannot write ) that he will do so no more ; and except ( if he can write ) he shall first do the same under his hand-writing , to be delivered to the minister , and by him sent to the bishop of the diocess , or ordinary of the place . provided , that every minister so repelling any ( as is specified either in this or in the next precedent constitution ) shall upon complaint , or being required by the ordinary , signifie the cause thereof unto him , and therein obey his order and direction . xxviii . strangers not to be admitted to the communion . the church-wardens or quest-men , and their assistants , shall mark as well as the minister , whether all and every of the parishioners come so often every year to the holy communion , as the laws and our constitutions do require : and whether any strangers come often and commonly from other parishes to their church , and shall shew their minister of them , lest perhaps they be admitted to the lord's table amongst others , which they shall forbid , and remit such home to their own parish churches and ministers , there to receive the communion with the rest of their own neighbours . xxix . fathers not to be godfathers in baptism , nor children not communicants . no parent shall be urged to be present , nor be admitted to answer as godfather for his own child : nor any godfather or godmother shall be suffered to make any other answer or speech , than by the book of common-prayer is prescribed in that behalf : neither shall any person be admitted godfather or godmother to any child at christening or confirmation , before the said person so undertaking hath received the holy communion . xxx . the lawful use of the cross in baptism explained . vve are sorry that his majesty's most princely care and pains taken in the conference at hampton court , amongst many other points , touching this one of the cross in baptism , hath taken no better effect with many , but that still the use of it in baptism is so greatly stuck at and impugned . for the further declaration therefore of the true use of this ceremony , and for the removing of all such scruple as might any ways trouble the consciences of them who are indeed rightly religious , following the royal steps of our most worthy king , because he therein followeth the rules of the scriptures , and the practice of the primitive church ; we do commend to all the true members of the church of england , these our directions and observations ensuing . first , it is to be observed , that although the jews and ethnicks derided both the apostles , and the rest of the christians , for preaching and believing in him who was crucified upon the cross ; yet all , both apostles and christians , were so far from being discouraged from their profession by the ignominy of the cross , as they rather rejoyced and triumphed in it . yea , the holy ghost , by the mouths of the apostles , did honour the name of the cross ( being hateful among the jews ) so far , that under it he comprehended not only christ crucified , but the force , effects and merits of his death and passion , with all the comforts , fruits and promises which we receive or expect thereby . secondly , the honour and dignity of the name of the cross , begat a reverend estimation even in the apostle's times , ( for ought that is known to the contrary ) of the sign of the cross , which the christians shortly after used in all their actions , thereby making an outward shew and profession , even to the astonishment of the jews , that they were not ashamed to acknowledge him for their lord and saviour , who died for them upon the cross. and this sign they did not only use themselves with a kind of glory , when they met with any jews , but signed therewith their children when they were christened , to dedicate them by that badge to his service , whose benefits bestowed upon them in baptism , the name of the cross did represent . and this use of the sign of the cross in baptism was held in the primitive church , as well by the greeks as the latins , with one consent and great applause . at what time , if any had opposed themselves against it , they would certainly have been censured as enemies of the name of the cross , and consequently of christ's merits , the sign whereof they could no better endure . this continual and general use of the sign of the cross , is evident by many testimonies of the ancient fathers . thirdly , it must be confessed , that in process of time the sign of the cross was greatly abused in the church of rome , especially after that corruption of popery had once possessed it . but the abuse of a thing doth not take away the lawful use of it . nay , so far was it from the purpose of the church of england to forsake and reject the churches of italy , france , spain , germany , or any such like churches , in all things which they held and practised , that , as the apology of the church of england confesseth , it doth with reverence retain those ceremoni●s which do neither endamage the church of god , nor offend the minds of sober men : and only departed from them in those particular points , wherein they were fallen both from themselves in their ancient integrity , and from the apostolical churches which were their first founders . in which respect , amongst some other very ancient ceremonies , the sign of the cross in baptism hath been retained in this church , both by the judgment and practice of those reverend fathers and great divines in the days of king edward the sixth , of whom some constantly suffered for the profession of the truth ; and others being exiled in the time of queen mary , did after their return , in the beginning of the reign of our late dread sovereign , continually defend and use the same . this resolution and practice of our church hath been allowed and approved by the censure upon the communion book , in king edward the sixth his days , and by the harmony of confessions of later years : because indeed the use of this sign in baptism was ever accompanied here with such sufficient cautions and exceptions against all popish superstition and error , as in the like cases are either fit or convenient . first , the church of england since the abolishing of popery hath ever held and taught , and so doth hold and teach still , that the sign of the cross used in baptism , is no part of the substance of that sacrament : for when the minister dipping the infant in water , or laying water upon the face of it , ( as the manner also is ) hath pronounced these words , i baptize thee in the name of the father , and of the son , and of the holy ghost , the infant is fully and perfectly baptized . so as the sign of the cross being afterwards used , doth neither add any thing to the virtue and perfection of baptism , nor being omitted doth detract any thing from the effect and substance of it . secondly , it is apparent in the communion-book , that the infant baptized is by virtue of baptism , before it be signed with the sign of the cross , received into the congregation of christ's flock , as a perfect member thereof , and not by any power ascribed unto the sign of the cross. so that for the very remembrance of the cross , which is very precious to all them that rightly believe in jesu christ , and in the other respects mentioned , the church of england hath retained still the sign of it in baptism : following therein the primitive and apostolical churches , and accounting it a lawful outward ceremony and honourable badge , whereby the infant is dedicated to the service of him that died upon the cross , as by the words used in the book of common prayer , it may appear . lastly , the use of the sign of the cross in baptism , being thus purged from all popish superstition and error , and reduced in the church of england to the primary institution of it , upon those true rules of doctrine concerning things indifferent , which are consonant to the word of god , and the judgments of all the ancient fathers , we hold it the part of every private man , both minister and other , reverently to retain the true use of it prescribed by publick authority considering that things of themselves indifferent , do in some sort alter their natures , when they are either commanded or forbidden by a lawful magistrate , and may not be omitted at every man's pleasure contrary to the law , when they be commanded , nor used when they are prohibited . ministers , their ordination , function and charge . xxxi . four solemn times appointed for the making of ministers . forasmuch as the ancient fathers of the church , led by example of the apostles , appointed prayers and fasts to be used at the solemn ordering of ministers ; and to that purpose allotted certain times , in which only sacred orders might be given or conferred : we , following their holy and religious example , do constitute and decree , that no deacons or ministers be made and ordained , but only upon the sundays immediately following jejunia quatuor temporum , commonly called ember-weeks , appointed in ancient time for prayer and fasting , ( purposely for this cause at their first institution ) and so continued at this day in the church of england . and that this be done in the cathedral or parish-church where the bishop resideth , and in the time of divine service , in the presence not only of the arch-deacon , but of the dean and two prebendaries at the least , or ( if they shall happen by any lawful cause to be lett or hindred ) in the presence of four other grave persons , being masters of arts at the least , and allowed for publick preachers . xxxii . none to be made deacon and minister both in one day . the office of deacon being a step or degree to the ministery , according to the judgment of the ancient fathers , and the practice of the primitive church ; we do ordain and appoint , that hereafter no bishop shall make any person , of what qualities or gifts soever , a deacon and a minister both together upon one day ; but that the order in that behalf prescribed in the book of making and consecrating bishops , priests and deacons , be strictly observed . not that always every deacon should be kept from the ministery for a whole year , when the bishop shall find good cause to the contrary ; but that there being now four times appointed in every year for the ordination of deacons and ministers , there may ever be some time of trial of their behaviour in the office of deacon , before they be admitted to the order of priesthood . xxxiii . the titles of such as are to be made ministers . it hath been long since provided by many decrees of the ancient fathers , that none should be admitted either deacon or priest , who had not first some certain place where he might use his function . according to which examples we do ordain , that henceforth no person shall be admitted into sacred orders , except he shall at that time exhibit to the bishop of whom he desireth imposition of hands , a presentation of himself to some ecclesiastical preferment then void in that diocess : or shall bring to the said bishop a true and undoubted certificate , that either he is provided of some church within the said diocess , where he may attend the cure of souls , or of some ministers place vacant , either in the cathedral church of that diocess , or in some other collegiate church therein also situate , where he may execute his ministery : or that he is a fellow , or in right as a fellow , or to be a conduct or chaplain in some colledge in cambridge or oxford : or except he be a master of arts of five years standing , that liveth of his own charge in either of the universities : or except by the bishop himself , that doth ordain him minister , he be shortly after to be admitted either to some benefice or curatship then void . and if any bishop shall admit any person into the ministery that hath none of these titles , as is aforesaid , then he shall keep and maintain him with all things necessary , till he do prefer him to some ecclesiastical living . and if the said bishop shall refuse so to do , he shall be suspended by the archbishop , being assisted with another bishop , from giving of orders by the space of a year . xxxiv . the quality of such as are to be made ministers . no bishop shall henceforth admit any person into sacred orders , which is not of his own diocess , except he be either of one of the universities of this realm , or except he shall bring letters dimissory ( so termed ) from the bishop of whose diocess he is , and desiring to be a deacon , is three and twenty years old , and to be a priest , four and twenty years compleat , and hath taken some degree of school in either of the said universities , or at the least , except he be able to yield an account of his faith in latin , according to the articles of religion approved in the synod of the bishops and clergy of this realm , one thousand five hundred sixty and two , and to confirm the same by sufficient testimonies out of the holy scriptures : and except moreover , he shall then exhibit letters testimonial of his good life and conversation , under the seal of some college of cambridge or oxford , where before he remained , or of three or four grave ministers , together with the subscription and testimony of other credible persons , who have known his life and behaviour by the space of three years next before . xxxv . the examination of such as are to be made ministers . the bishop before he admit any person to holy orders , shall diligently examine him in the presence of those ministers that shall assist him at the imposition of hands : and if the said bishop have any lawful impediment , he shall cause the said ministers carefully to examine every such person so to be ordered . provided that they who shall assist the bishop in examining and laying on of hands , shall be of his cathedral church , if they may conveniently be had , or other sufficient preachers of the same diocess , to the number of three at the least : and if any bishop or suffragan shall admit any to sacred orders , who is not so qualified and examined , as before we have ordained , the archbishop of his province having notice thereof , and being assisted therein by one bishop , shall suspend the said bishop or suffragan so offending , from making either deacons or priests for the space of two years . xxxvi . subscription required of such as are to be made ministers . no person shall hereafter be received into the ministery , nor either by institution or collation admitted to any ecclesiastical living , nor suffered to preach , to catechize , or to be a lecturer or reader of divinity in either university , or in any cathedral or collegiate church , city or market-town , parish-church , chapel , or in any other place within this realm , except he be licensed either by the archbishop , or by the bishop of the diocess , ( where he is to be placed ) under their hands and seals , or by one of the two universities under their seal likewise ; and except he shall first subscribe to these three articles following , in such manner and sort as we have here appointed . 1. that the king's majesty under god , is the only supream governour of this realm , and of all other his highness 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 , preheminence or authority ecclesiastical or spiritual , within his majesty's said realms , dominions and countries . 2. that the book of common-prayer , and of ordering of bishops , priests and deacons , containeth in it nothing contrary to the word of god , and that it may lawfully so be used , and that he himself will use the form in the said book prescribed in publick prayer , and administration of the sacraments , and none other . 3. that he alloweth the book of articles of religion agreed upon by the archbishops , and bishops of both provinces , and the whole clergy in the convocation holden at london in the year of our lord god , one thousand five hundred sixty and two : and that he acknowledgeth all and every the articles therein contained , being in number nine and thirty , besides the ratification , to be agreeable to the word of god. to these three articles whosoever will subscribe , he shall for the avoiding of all ambiguities , subscribe in this order and form of words , setting down both his christian and sirname , viz. in. n. do willingly and ex animo subscribe to these three articles above-mentioned , and to all things that are contained in them . and if any bishop shall ordain , admit or license any , as is aforesaid , except he first have subscribed in manner and form as here we have appointed , he shall be suspended from giving of orders and licences to preach for the space of twelve months . but if either of the universities shall offend therein , we leave them to the danger of the law , and his majesty's censure . xxxvii . subscription before the diocesan . none licensed , as is aforesaid , to preach , read lecture , or catechise , coming to reside in any diocess , shall be permitted there to preach , read lecture , catechise or minister the sacraments , or to execute any other ecclesiastical function , by what authority soever he be thereunto admitted ) unless he first consent and subscribe to the three articles before mentioned , in the presence of the bishop of the diocess , wherein he is to preach , read lecture , catechise or administer the sacraments , as aforesaid . xxxviii . revolters after subscription , censured . if any minister , after he hath once subscribed to the said three articles , shall omit to use the form of prayer , or any of the orders or ceremonies prescribed in the communion-book , let him be suspended : and if after a month he do not reform and submit himself , let him be excommunicated : and then if he shall not submit himself within the space of another month , let him be deposed from the ministery . xxxix . cautions for institution of ministers into benefices . no bishop shall institute any to a benefice , who hath been ordained by any other bishop , except he first shew unto him his letters of orders , and bring him a sufficient testimony of his former good life and behaviour , if the bishop shall require it : and lastly , shall appear upon due examination to be worthy of his ministery . xl. an oath against simony at institution into benefices . to avoid the detestable sin of simony , because buying and selling of spiritual and ecclesiastical functions , offices , promotions , dignities and livings , is execrable before god ; therefore the arch-bishop , and all and every bishop or bishops , or any other person or persons , having authority to admit , institute , collate , install , or to confirm the election of any archbishop , bishop , or other person or persons to any spiritual or ecclesiastical function , dignity , promotion , title , office , jurisdiction , place or benefice , with cure or without cure , or to any ecclesiastical living whatsoever , shall before every such admission , institution , collation , installation or confirmation of election , respectively minister to every person hereafter to be admitted , instituted , collated , installed or confirmed in or to any archbishoprick , bishoprick , or other spiritual or ecclesiastical function , dignity , promotion , title , jurisdiction , place or benefice with cure or without cure , or in or to any ecclesiastical living whatsoever , this oath in manner and form following , the same to be taken by every one whom it concerneth in his own person , and not by a proctor : in. n. do swear , that i have made no simoniacal payment , contract or promise , directly or indirectly , by my self or by any other to my knowledge or with my consent , to any person or persons whatsoever , for or concerning the procuring and obtaining of this ecclesiastical dignity , place , preferment , office or living , ( respectively and particularly naming the same whereunto he is to be admitted , instituted , collated , installed or confirmed ) nor will at any time hereafter perform or satisfie any such kind of payment , contract or promise made by any other without my knowledge or consent : so help me god through jesus christ. xli . licences for plurality of benefices limited , and residence enjoined . no licence or dispensation for the keeping of more benfices with cure than one , shall be granted to any , but such only as shall be thought very well worthy for his learning , and very well able and sufficient to discharge his duty , that is , who shall have taken the degrce of a master of arts at the least in one of the universities of this realm , and be a publick and sufficient preacher licensed . provided always , that he be by a good and sufficient caution bound to make his personal residence in each his said benefices for some reasonable time in every year : and that the said benefices be not more than thirty miles distant asunder : and lastly , that he have under him in the benefice where he doth not reside , a preacher lawfully allowed , that is able sufficiently to teach and instruct the people . xlii . residence of deans in their churches . every dean , master or warden , or chief governour of any cathedral or collegiate church , shall be resident in his said cathedral or collegiate church fourscore and ten days conjunction or divisim in every year at the least , and then shall continue there in preaching the word of god , and keeping good hospitality , except he shall be otherwise let with weighty and urgent causes to be approved by the bishop of the diocess , or in any other lawful sort dispensed with . and when he is is present , he , with the rest of the canons or prebendaries resident , shall take special care , that the statutes and laudable customs of their church , ( not being contrary to the word of god , or prerogative royal ) the statutes of this realm being in force concerning ecclesiastical order , and all other constitutions now set forth and confirmed by his majesty's authority , and such as shall be lawfully enjoyned by the bishop of the diocess , in his visitation , according to the statutes and customs of the same church , or the ecclesiastical laws of this realm , be diligently observed , and that the petty canons , vicars choral , and other ministers of their church , be urged to the study of the holy scriptures ; and every one of them to have the new testament not only in english , but also in latin. xliii . deans and prebendaries to preach during their residence . the dean , master , warden or chief governour , prebendaries and canons in every cathedral and collegiate church shall not only preach there in their own persons so often as they are bound by law , statute , ordinance or custom , but shall likewise preach in other churches of the same diocess where they are resident , and especially in those places whence they or their church receive any yearly rents or profits . and in case they themselves be sick , or lawfully absent , they shall substitute such licensed preachers to supply their turns , as by the bishop of the diocess shall be thought meet to preach in cathedral churches . and if any otherwise neglect or omit to supply his course , as is aforesaid , the offender shall be punished by the bishop , or by him or them to whom the jurisdiction of that church appertaineth , according to the quality of the offence . xliv . prebendaries to be resident upon their benefices . no prebendaries nor canons in cathedral or collegiate churches , having one or more benefices with cure , ( and not being residentiaries in the same cathedral or collegiate churches ) shall under colour of their said prebends , absent themselves from their benefices with cure above the space of one month in the year , unless it be for some urgent cause , and certain time to be allowed by the bishop of the diocess . and such of the said canons and prebendaries as by the ordinances of the cathedral or collegiate churches do stand bound to be resident in the same , shall so among themselves sort and proportion the times of the year , concerning residence to be kept in the said churches , as that some of them always shall be personally resident there : and that all those who be , or shall be residentiaries in any cathedral or collegiate church , shall after the days of their residency appointed by their local statutes or customs expired , presently repair to their benefices , or some one of them , or to some other charge where the law requireth their presence there to discharge their duties according to the laws in that case provided . and the bishop of the diocess shall see the same to be duly performed and put in execution . xlv . beneficed preachers being resident upon their livings , to preach every sunday . every beneficed man allowed to be a preacher , and residing on his benefice , having no lawful impediment , shall in his own cure , or in some other church or chappel where he may conveniently , near adjoyning ( where no preacher is ) preach one sermon every sunday of the year , wherein he shall soberly and sincerely divide the word of truth to the glory of god , and to the best edification of the people . xlvi . beneficed men , not preachers , to procure monthly sermons . every beneficed man , not allowed to be a preacher , shall procure sermons to be preached in his cure once in every month at the least , by preachers lawfully licensed , if his living in the judgment of the ordinary , will be able to bear it . and upon every sunday when there shall not be a sermon preached in his cure , he or his curate shall read some one of the homilies prescribed , or to be prescribed by authority to the intents aforesaid . xlvii . absence of beneficed men to be supplied by curates that are allowed preachers . every beneficed man licensed by the laws of this realm , upon urgent occasions of other service not to reside upon his benefice , shall cause his cure to be supplied by a curate that is a sufficient and licensed preacher , if the worth of the benefice will bear it . but whosoever hath two benefices shall maintain a preacher licensed , in the benefice where he doth not reside , except he preach himself at both of them usually . xlviii . none to be curates but allowed by the bishop . no curate or minister shall be permitted to serve in any place , without examination and admission of the bishop of the diocess or ordinary of the place having episcopal jurissdiction , in writing under his hand and seal , having respect to the greatness of the cure , and meetness of the party . and the said curates and ministers , if they remove from one diocess to another , shall not be by any means admitted to serve without testimony of the bishop of the diocess , or ordinary of the place as aforesaid , whence they came , in writing , of their honesty , ability , and conformity to the ecclesiastical laws of the church of england . nor any shall serve more than one church or chapel upon one day , except that chapel be a member of the parish church , or united thereunto ; and unless the said church or chapel where such a minister shall serve in two places , be not able in the judgment of the bishop or ordinary as aforesaid , to maintain a curate . xlix . ministers not allowed preachers may not expound . no person whatsoever not examined and approved by the bishop of the diocess , or not licensed as is aforesaid , for a sufficient or convenient preacher , shall take upon him to expound in his own cure or elsewhere , any scripture or matter of doctrine , but shall only study to read plainly and aptly ( without glossing or adding ) the homilies already set forth , or hereafter to be published by lawful authority , for the confirmation of the true faith , and for the good instruction and edification of the people . l. strangers not admitted to preach without shewing their licence . neither the minister , church wardens , nor any other officers of the church , shall suffer any man to preach within their churches or chapels , but such as by shewing their licence to preach , shall appear unto them to be sufficiently authorized thereunto , as is aforesaid . li. strangers not admitted to preach in cathedral churches without sufficient authority . the deans , presidents , and residentiaries of any cathedral or collegiate church , shall suffer no stranger to preach unto the people in their churches , except they be allowed by the archbishop of the province , or by the bishop of the same diocess , or by either of the universities . and if any in his sermon shall publish any doctrine , either strange or disagreeing from the word of god , or from any of the articles of religion agreed upon in the convocation house , anno 1562. or from the book of common prayers , the dean or the residents shall by their letters subscribed with some of their hands that heard him , so soon as may be , give notice of the same to the bishop of the diocess , that he may determine the matter , and take such order therein as he shall think convenient . lii . the names of strange preachers to be noted in a book . that the bishop may understand ( if occasion so require ) what sermons are made in every church of his diocess , and who presume to preach without licence , the church-wardens and side-men shall see that the names of all preachers which come to their church from any other place , be noted in a book , which they shall have ready for that purpose : wherein every preacher shall subscribe his name , the day wherein he preached , and the name of the bishop of whom he had licence to preach . liii . no publick opposition between preachers . if any preacher shall in the pulpit particularly , or namely of purpose , impugn or confute any doctrine delivered by any other preacher in the same church , or in any church near adjoyning , before he hath acquainted the bishop of the diocess therewith , and received order what to do in that case , because upon such publick and dissenting and contradicting , there may grow much offence and disquietness unto the people : the church-wardens or party grieved shall forthwith signifie the same to the said bishop , and not suffer the said preacher any more to occupy that place which he hath once abused , except he faithfully promise to forbear all such matter of contention in the church until the bishop hath taken further order therein : who shall with all convenient speed so proceed therein , that publick satisfaction may be made in the congregation where the offence was given . provided , that if either of the parties offending do appeal , he shall not be suffered to preach pendentelite . liv. the licences of preachers refusing conformity , to be void . if any man licensed heretofore to preach , by any archbishop , bishop , or by either of the universities , shall at any time from henceforth refuse to conform himself to the laws , ordinances , and rites ecclesiastical established in the church of england , he shall be admonished by the bishop of the diocess , or ordinary of the place , to submit himself to the use and due exercise of the same . and if after such admonition , he do not conform himself within the space of one month , we determine and decree , that the licence of every such preacher shall thereupon be utterly void and of none effect . lv. the form of a prayer to be used by all preachers before their sermons . before all sermons , lectures and homilies , the preachers and ministers shall move the people to joyn with them in prayer , in this form or to this effect , as briefly as conveniently they may . ye shall pray for christ's holy catholick church , that is , for the whole congregation of christian people dispersed throughout the whole world , and especially for the churches of england , scotland and ireland . and herein i require you most especially to pray for the kings most excellent majesty , our soveraingn lord iames , king of england , scotland , france , and ireland , defender of the faith , and supream governor in these his realms , and all other his dominions and countreys , over all persons , in all causes , as well ecclesiastical as temporal . ye shall also pray for our gracious queen anne , the noble prince henry , and the rest of the king and queens royal issue . ye shall also pray for the ministers of gods holy word and sacraments , as well archbishops and bishops , as other pastors and curates . ye shall also pray for the kings most honourable council , and for all the nobility and magistrates of this realm , that all and every of these in their several callings , may serve truly and painfully to the glory of god , and the edifying and well governing of his people , remembring the account that they must make . also ye shall pray for the whole commons of this realm , that they may live in the true faith and fear of god , in humble obedience to the king , and brotherly charity one to another . finally let us praise god for all those which are departed out of this life in the faith of christ , and pray unto god that we may have grace to direct our lives after their good example : that this life ended , we may be made partakers with them of the glorious resurrection in the life everlasting ; always concluding with the lord's prayer . lvi . preachers and lecturers to read divine service , and administer the sacraments twice a year at the least . every minister being possessed of a benefice , that hath cure and charge of souls , although he chiefly attend to preaching , and hath a curate under him to execute the other duties which are to be performed for him in the church , and likewise every other stipendiary preacher that readeth any lecture , or catechiseth or preacheth in any church or chappel , shall twice at the least every year read himself the divine service upon two several sundays publickly , and at the usual times , both in the fore-noon and after-noon in the church which he so possesseth , or where he readeth , catechiseth , or preacheth , as is aforesaid , and shall likewise as often in every year administer the sacraments of baptism ( if there be any to be baptized ) and of the lords supper , in such manner and form , and with the observation of all such rites and ceremonies as are prescribed by the book of common-prayer in that behalf : which if he do not accordingly perform , then shall he that is possessed of a benefice ( as before ) be suspended : and he that is but a reader , preacher , or catechiser , be removed from his place by the bishop of the diocess , until he or they shall submit themselves to perform all the said duties , in such manner and sort as before is prescribed . lvii . the sacraments not to be refused at the hands of unpreaching ministers . whereas divers persons seduced by false teachers , do refuse to have their children baptized by a minister that is no preacher , and to receive the holy communion at his hands in the same respect , as though the vertue of those sacraments did depend upon his ability to preach : forasmuch as the doctrine both of baptism and of the lord's supper is so sufficiently set down in the book of common-prayer to be used at the administration of the said sacraments , as nothing can be added unto it that is material or necessary : we do require and charge every such person seduced as aforesaid , to reform that their wilfulness , and to submit himself to the order of the church in that behalf , both the said sacraments being equally effectual , whether they be ministred by a minister that is no preacher , or by one that is a preacher . and if any hereafter shall offend herein , or leave their own parish churches in that respect , and communicate , or cause their children to be baptized in other parishes abroad , and will not be moved thereby to reform that their error and unlawful course : let them be presented to the ordinary of the place by the minister , church-wardens , and side-men or quest-men of the parishes where they dwell , and there receive such punishment by ecclesiastical censures , as such obstinacy doth worthily deserve : that is , let them ( persisting in their wilfulness ) be suspended , and then after a months further obstinacy , excommunicated . and likewise if any parson , vicar , or curate , shall after the publishing hereof , either receive to the communion any such persons which are not of his own church and parish , or shall baptize any of their children , thereby strengthening them in their said errors : let him be suspended and not released thereof , until he do faithfully promise that he will not afterwards offend therein . lviii . ministers reading divine service , and administring the sacraments , to wear surplices , and graduates therewithal , hoods . every minister saying the publick prayers , or ministring the sacraments , or other rites of the church , shall wear a decent and comely surplice with sleeves , to be provided at the charge of the parish . and if any question arise touching the matter , decency , or comeliness thereof , the same shall be decided by the discretion of the ordinary . furthermore , such ministers as are graduates , shall wear upon their surplices at such times , such hoods as by the orders of the universities are agreable to their degrees , which no minister shall wear ( being no graduate ) under pain of suspension . notwithstanding it shall be lawful for such ministers as are not graduates , to wear upon their surplices instead of hoods , some decent tippet of black , so it be not silk . lix . ministers to catechize every sunday . every parson , vicar , or curate , upon every sunday and holy-day before evening prayer , shall for half an hour or more , examine and instruct the youth and ignorant persons of his parish , in the ten commandments , the articles of the belief , and in the lord's prayer : and shall diligently hear , instruct , and teach them the catechism set forth in the book of common prayer . and all fathers , mothers , masters and mistresses , shall cause their children , servants , and apprentices , which have not learned the catechism to come to the church at the time appointed , obediently to hear , and to be ordered by the minister until they have learned the same . and if any minister neglect his duty herein , let him be sharply reproved upon the first complaint , and true notice thereof given to the bishop or ordinary of the place . if after submitting himself , he shall willingly offend therein again , let him be suspended . if so the third time , there being little hope that he will be therein reformed , then excommunicated , and so remain until he will be reformed . and likewise , if any of the said fathers , mothers , masters or mistresses , children , servants , or apprentices shall neglect their duties , as the one sort in not causing them to come , and the other in refusing to learn as aforesaid : let them be suspended by their ordinaries , ( if they be not children ) and if they so persist by the space of a month , then let them be excommunicated . lx. confirmation to be performed once in three years . forasmuch as it hath been a solemn , ancient , and laudable custom in the church of god , continued from the apostles times , that all bishops should lay their hands upon children baptized and instructed in the catechism of christian religion , praying over them and blessing them , which we commonly call confirmation , and that this holy action hath been accustomed in the church in former ages , to be performed in the bishops visitation every third year : we will and appoint , that every bishop or his suffragan in his accustomed visitation , do in his own person carefully observe the said custom . and if in that year , by reason of some infirmity , he be not able personally to visit , then he shall not omit the execution of that duty of confirmation the next year after as he may conveniently . lxi . ministers to prepare children for confirmation . every minister that has cure and charge of souls , for the better accomplishing of the orders prescribed in the book of common-prayer concerning confirmation , shall take especial care , as that none shall be presented to the bishop for him to lay his hands upon , but such as can render an account of their faith according to the catechism in the said book contained . and when the bishop shall assign any time for the performance of that part of his duty , every such minister shall use his best endeavour to prepare and make able , and likewise to procure as many as he can to be then brought , and by the bishop to be confirmed . lxii . ministers not to marry any persons without banns or licence . no minister , upon pain of suspension per triennium ipso facto , shall celebrate matrimony between any persons without a faculty or licence granted by some of the persons in these our constitutions expressed , except the banns of matrimony have been first published three several sundays or holy-days in the time of divine service in the parish-churches and chapels where the said parties dwell , according to the book of common prayer . neither shall any minister , upon the like pain , under any pretence whatsoever , joyn any persons so licensed in marriage at any unseasonable times , but only between the hours of eight and twelve in the fore-noon , nor in any private place , but either in the said churches or chapels where one of them dwelleth , and likewise in time of divine service : nor when banns are thrice asked ( and no licence in that respect necessary ) before the parents or governours of the parties to be married , being under the age of twenty and one years , shall either personally , or by sufficient testimony , signifie to him their consents given to the said marriage . lxiii . ministers of exempt churches , not to marry without banns or licence . every minister who shall hereafter celebrate marriage between any persons contrary to our said constitutions , or any part of them , under colour of any peculiar liberty or privilege claimed to appertain to certain churches and chapels , shall be suspended per triennium , by the ordinary of the place where the offence shall be committed . and if any such minister shall afterwards remove from the place where he hath committed that fault before he bo suspended , as is aforesaid , then shall the bishop of the diocess , or ordinary of the place where he remaineth , upon certificate under the hand and seal of the other ordinary from whose jurisdiction he removed , excute that censure upon him . lxiv . ministers solemnly to bid holy-days . every parson , vicar or curate , shall in his several charge declare to the people every sunday at the time appointed in the communion book , whether there be any holy-days , or fasting-days the week following . and if any do hereafter wittingly offend herein , and being once admonished thereof by his ordinary , shall again omit that duty , let him be censured according to law , until he submit himself to the due performance of it . lxv . ministers solemnly to denounce recusants and excommunicates . all ordinaries shall in their several jurisdictions carefully see and give order , that as well those who for obstinate refusing to frequent divine service established by publick authority within this realm of england , as those also ( especially of the better sort and condition ) who for notorious contumacy or other notable crimes stand lawfully excommunicate , ( unless within three months immediately after the said sentence of excommunication pronounced against them , they reform themselves , and obtain the benefit of absolution ) be every six months ensuing , as well in the parish church as in the cathedral church of the diocess , in which they remain , by the minister openly in time of divine service upon some sunday , denounced and declared excommunicate , that others may be thereby both admonished to refrain their company and society , and excited the rather to procure out a writ de excommunicato capiendo , thereby to bring and reduce them into due order , and obedience . likewise the register of every ecclesiastical court , shall yearly between michaelmas and christmas , duly certifie the archbishop of the province of all and singular the premises aforesaid . lxvi . ministers to confer with recusants . every minister being a preacher , and having any popish recusant or recusants in his parish , and thought fit by the bishop of the diocess , shall labour diligently with them from time to time , thereby to reclaim them from their errors . and if he be no preacher , or not such a preacher , then he shall procure , if he can possibly , some that are preachers so qualified , to take pains with them for that purpose . if he can procure none , then he shall inform the bishop of the diocess thereof , who shall not only appoint some neighbour preacher or preachers adjoyning to take that labour upon them , but himself also ( as his important affairs will permit him ) shall use his best endeavour by instruction , persuasion , and all good means he can devise , to reclaim both them and all other within his diocess so affected . lxvii . ministers to visit the sick. vvhen any person is dangerously sick in any parish , the minister or curate ( having knowledge thereof ) shall resort unto him or her ( if the disease be not known , or probably suspected to be infectious ) to instruct and comfort them in their distress , according to the order of the communion book , if he be no preacher ; or if he be a preacher , then as he shall think most needful and convenient . and when any is passing out of this life , a bell shall be tolled , and the minister shall not then slack to do his last duty . and after the parties death ( if it so fall out ) there shall be rung no more but one short peal , and one other before the burial , and one other after the burial . lxviii . ministers not to refuse to christen or bury . no minister shall refuse or delay to christen any child according to the form of the book of common prayer , that is brought to the church to him upon sundays or holydays to be christened , or to bury any corps that is brought to the church or church-yard ( convcnient warning being given him thereof before ) in such manner and form as is prescribed in the said book of common prayer . and if he shall refuse to christen the one or bury the other , except the party deceased were denounced excommunicated majori excommunicatione , for some grievous and notorious crime , ( and no man able to testifie of his repentance ) he shall be suspended by the bishop of the diocess from his ministery by the space of three months . lxix . ministers not to defer christening , if the child be in danger . if any minister being duly without any manner of collusion , informed of the weakness and danger of death of any infant unbaptized in his parish , and thereupon desired to go or come to the place where the said infant remaineth , to baptize the same , shall either wilfully refuse so to do , or of purpose , or of gross negligence shall so defer the time , as when he might conveniently have resorted to the place , and have baptized the said infant , it dieth through such his default unbaptized ; the said minister shall be suspended for three months , and before his restitution shall acknowledge his fault , and promise before his ordinary , that he will not wittingly incur the like again . provided , that where there is a curate or a substitute , this constitution shall not extend to the parson or vicar himself , but to the curate or substitute present . lxx . ministers to keep a register of christenings , weddings and burials . in every parish church and chapel within this realm , shall be provided one parchment book at the charge of the parish , wherein shall be written the day and year of every christening , wedding and burial which have been in that parish since the time that the law was first made in that behalf , so far as the ancient books thereof can be procured , but especially since the beginning of the reign of the late queen . and for the safe keeping of the said book , the church-wardens at the charge of the parish , shall provide one sure coffer with three locks and keys ; whereof the one to remain with the minister , and the other two with the church-wardens severally ; so that neither the minister without the two church-wardens , nor the church-wardens without the minister , shall at any time take that book out of the said coffer . and henceforth upon every sabbath day , immediately after morning or evening prayer , the minister and church-wardens shall take the said parchment book out of the said coffer , and the minister in the presence of the church-wardens shall write and record in the said book , the names of all persons christened , together with the names and surnames of their parents , and also the names of all persons married and buried in that parish , in the week before , and the day and year of every such christening , marriage and burial : and that done , they shall lay up that book in the coffer as before : and the minister and church-wardens unto every page of that book , when it shall be filled with such inscriptions , shall subscribe their names . and the church-wardens shall once every year within one month after the five and twentieth day of march , transmit unto the bishop of the diocess , or his chancellor , a true copy of the names of all persons christened , married or buried in their parish in the year before ( ended the said five and twentieth day of march ) and the certain days and months in which , every such christening , marriage and burial was had , to be subscribed with the hands of the said minister and church-wardens , to the end the same may faithfully be preserved in the registry of the said bishop : which certificate shall be received without fee. and if the minister or church-wardens shall be negligent in performance of any thing herein contained , it shall be lawful for the bishop or his chancellor to convent them , and proceed against every of them as contemners of this our constitution . lxxi . ministers not to preach or administer the communion in private houses . no minister shall prench or administer the holy communion in any private house , except it be in times of necessity , when any being either so impotent as he cannot go to the church , or very dangerously sick , are desirous to be partakers of the holy sacrament , upon pain of suspension for the first offence , and excommunication for the second . provided , that houses are here reputed for private houses , wherein are no chapels dedicated and allowed by the ecclesiastical laws of this realm . and provided also under the pains before expressed , that no chaplains do preach or administer the communion in any other places , but in the chapels of the said houses ; and that also they do the same very seldom upon sundays and holy-days : so that both the lords and masters of the said houses and their families shall at other times resort to their own parish churches , and there receive the holy communion at the least once every year . lxxii . ministers not to appoint publick or private fasts or prophesies , or to exercise , but by authority . no minister or ministers shall without the licence and direction of the bishop of the diocess first obtained and had under his hand and seal , appoint or keep any solemn fasts , either publickly or in any private houses , other than such as by law are , or by publick authority shall be appointed , nor shall be wittingly present at any of them , under pain of suspension for the first fault , of excommunication for the second , and of deposition from the ministery for the third . neither shall any minister not licensed , as is aforesaid , presume to appoint or hold any meetings for sermons , commonly termed by some prophesies or exercises , in market-towns or other places , under the said pains : nor without such licence to attempt upon any pretence whatsoever , either of possession or obsession , by fasting and prayer to cast out any devil or devils , under pain of the imputation of imposture or cozenage , and deposition from the ministery . lxxiii . ministers not to hold private conventicles . forasmuch as all conventicles and secret meetings of priests and ministers have been ever justly accounted very hurtful to the state of the church wherein they live : we do now ordain and constitute , that no priests or ministers of the word of god , nor any other persons shall meet together in any private house or elsewhere , to consult upon any matter or course to be taken by them or upon their motion or direction by any other , which may any way tend to the impeaching or depraving of the doctrine of the church of england , or of the book of common prayer , or any part of the government and discipline now established in the church of england , under pain of excommunication ipso facto . lxxiv . decency in apparel enjoyned to ministers . the true , ancient and flourishing churches of christ being ever desirous that their prelacy and clergy might be had as well in outward reverence , as otherwise regarded for the worthiness of their ministery , did think it sit by a prescript form of decent and comely apparel , to have them known to the people , and thereby to receive the honour and estimation due to the special messengers and ministers of almighty god : we therefore following their grave judgment , and the ancient custom of the church of england , and hoping that in time new-fangleness of apparel in some factious persons will die of it self , do constitute and appoint , that the archbishops and bishops , shall not intermit to use the accustomed apparel of their degrees . likewise all deans , masters of colleges , archdeacons and prebendaries in cathedral and collegiate churches , ( being priests or deacons ) doctors in divinity , law and physick , batchellors in divinity , masters of arts and batchellors of law having any ecclesiastical living , shall usually wear gowns with standing collars and sleeves strait at the hands , or wide sleeves , as is used in the universities , with hoods or tippets of silk or sarcenet , and square caps . and that all other ministers admitted or to be admitted into that function , shall also usually wear the like apparel as is aforesaid , except tippets only . we do further in like manner ordain , that all the said ecclesiastical persons above mentioned , shall usually wear in their journeys cloaks with sleeves , commonly called priests cloaks , without gards , welts , long buttons or cuts . and no ecclesiastical person shall wear any coife or wrought night-cap , but only plain night-caps of black silk , satten or velvet . in all which particulars concerning the apparel here prescribed , our meaning is not to attribute any holiness or special worthiness to the said garments , but for decency , gravity and order , as is before specified . in private houses and in their studies , the said persons ecclesiastical may use any comely and scholar-like apparel , provided that it be not cut or pinckt ; and that in publick they go not in their doublet and hose , without coats or cassocks : and that they wear not any light coloured stockings . likewise poor beneficed men and curates ( not being able to provide themselves long gowns ) may go in short gowns , of the fashion aforesaid . lxxv . sober conversation required in ministers . no ecclesiastical person shall at any time , other then for their honest necessities resort to any taverns or alehouses , neither shall they boad or lodge in any such places . furthermore , they shall not give themselves to any base or servile labour , or to drinking , or riot , spending their time idlely by day or by night , playing at dice , cards or ta●les , or any other unlawful game : but at all times convenient , they shall hear or read somewhat of the holy scriptures , or shall occupy themselves with some other honest study or exercise , always doing the things which shall appertain to honesty , and endeavouring to profit the church of god , having always in mind that they ought to excel all others in purity of life , and should be examples to the people to live well and christianly , under pain of ecclesiastical censures to be inflicted with severity , according to the qualities of their offences . lxxv . ministers at no time to forsake their calling . no man being admitted a deacon or minister , shall from thenceforth voluntarily relinquish the same , nor afterward use himself in the course of his life , as a lay-man , upon pain of excommunication . and the names of all such men so forsaking their calling , the church-wardens of the parish where they dwell shall present to the bishop of the diocess , or to the ordinary of the place , having episcopal jurisdiction . school-masters . lxxvii . none to teach school without licence . no man shall teach either in publick school , or private house , but such as shall be allowed by the bishop of the diocess , or ordinary of the place under his hand and seal , being found meet , as well for his learning and dexterity in teaching , as for sober and honest conversation , and also for right understanding of gods true religion , and also except he shall first subscribe to the first and third articles aforementioned simply , and to the two first clauses of the second article . lxxviii . curates desirous to teach , to be licensed before others . in what parish church or chappel soever there is a curate which is a master of arts , or batchelor of arts , or is otherwise well able to teach youth , and will willingly so do , for the better increase of his living , and training up of children in principles of true religion : we will and ordain , that a licence to teach youth of the parish where he serveth , be granted to none by the ordinary of that place , but only to the said curate . provided always , that this constitution shall not extend to any parish or chappel in countrey towns , where there is a publick school founded already : in which case we think it not meet to allow any to teach grammar , but only him that is allowed for the said publick school . lxxxix . the duty of school-masters . all school-masters shall teach in english or latin , as the children are able to bear , the larger or shorter catechism heretofore by publick authority set forth . and as often as any sermon shall be upon holy and festival days , within the parish where they teach , they shall bring their schollars to the church where such sermon shall be made , and there see them quietly and soberly behave themselves , and shall examine them at times convenient after their return , what they have born away of such sermons . upon other days , and at other times they shall train them up with such sentences of holy scriptures , as shall be most expedient to induce them to all godliness : and they shall teach the grammar set forth by king henry the eighth , and continued in the times of king edward the sixth , and queen elizabeth of noble memory , and none other . and if any school-master being licensed , and having subscribed , as aforesaid , shall offend in any of the premisses , or either speak , write , or teach against any thing whereunto he hath formerly subscribed , ( if upon admonition by the ordinary he do not amend and reform himself ) let him be suspended from teaching school any longer . things appertaining to churches . lxxx . the great bible and book of common prayer , to be had in every church . the church-wardens or quest-men of every church and chappel , shall at the charge of the parish provide the book of common prayer , lately explained in some few points by his majesties authority according to the laws and his highness prerogative in that behalf , and that with all convenient speed , but at the furthest within two months after the publishing of these our constitutions . and if any parishes be yet unfurnished of the bible of the largest volume , or of the books of homilies allowed by authority , the said church-wardens shall within convenient time provide the same at the like charge of the parish . lxxxi . a font of stone for baptism in every church . according to a former constitution , too much neglected in many places , we appoint , that there shall be a font of stone in every church and chappel where baptism is to be ministred ; the same to be set in the ancient usual places . in which only font the minister shall baptize publickly . lxxxii . a decent communion table in every church . vvhereas we have no doubt but that in all churches within the realm of england , convenient and decent tables are provided and placed for the celebration of the holy communion , we appoint that the same tables shall from time to time be kept and repaired in sufficient and seemly manner , and covered in time of divine service with a carpet of silk or other decent stuff thought meet by the ordinary of the place , if any question be made of it , and with a fair linen cloth at the time of the ministration , as becometh that table , and so stand , saving when the said holy communion is to be administred . at which time the same shall be placed in so good sort within the church or chancel , as thereby the minister may be more conveniently heard of the communicants in his prayer and ministration , and the communicants also more conveniently and in more number may communicate with the said minister : and that the ten commandments be set upon the east-end of every church and chappel where the people may best see and read the same , and other chosen sentences written upon the walls of the said churches and chappels in places convenient and likewise , that a convenient seat be made for the minister to read service in . all these to be done at the charge of the parish . lxxxiii . a pulpit to be provided in every church . the church-wardens or quest-men at the common charge of the parishioners in every church , shall provide a comely and decent pulpit , to bo set in a convenient place within the same , by the discretion of the ordinary of the place , if any question do arise , and to be there seemly kept for the preaching of gods word . lxxxiv . a chest for alms in every church . the church-wardens shall provide and have within three months after the publishing of these constitutions , a strong chest , with a hole in the upper part thereof , to be provided at the charge of the parish ( if there be none such already provided ) having three keys ; of which one shall remain in the custody of the parson , vicar or curate , and the other two in the custody of the church-wardens for the time being : which chest they shall set and fasten in the most convenient place , to the intent the parishioners may put into it their alms for their poor neighbours . and the parson , vicar or curate shall diligently from time to time , and especially when men make their testaments , call upon , exhort , and move their neighbours to confer , and give as they may well spare to the said chest , declaring unto them , that whereas heretofore they have been diligent to bestow much substance otherwise then god commanded , upon superstitious uses , now they ought at this time to be much more ready to help the poor and needy , knowing that to relieve the poor , is a sacrifice which pleaseth god : and that also whatsoever is given for their comfort , is given to christ himself , and is so accepted of him , that he will mercifully reward the same . the which alms and devotion of the people , the keepers of the keys shall yearly , quarterly , or oftner ( as need requireth ) take out of the chest , and distribute the same in the presence of most of the parish , or six of the chief of them , to be truly and faithfully delivered to their most poor and needy neighbours . lxxxv . churches to be kept in sufficient reparations . the churchwardens or questmen shall take care , and provide that the churches be well and sufficiently repair'd , and so from time to time kept and maintained , that the windows be well glazed , and that the floors be kept paved , plain , and even , all things there in such an orderly and decent sort , without dust , or any thing that may be either noysome or unseemly , as best becometh the house of god , and is prescribed in an homily to that effect . the like care they shall take , that the church-yards be well and sufficiently repaired , fenced and maintained with walls , rails or pales , as have been in each place accustomed , at their charges unto whom by law the same appertaineth : but especially they shall see that in every meeting of the congregation peace be well kept , and that all persons excommunicated , and so denounced , be kept out of the church . lxxxvi . churches to be surveyed , and the decays certified to the high commissioners . every dean , dean and chapter , archdeacon , and others which have authority to hold ecclesiastical visitations by composition , law or prescription , shall survey the churches of his or their jurisdiction , once in every three years in his own person , or cause the same to be done , and shall from time to time within the said three years , certifie the high commissioners for causes ecclesiastical , every year of such defects in any the said churches , as he or they do find to remain unrepaired , and the names and sirnames of the parties faulty therein . upon which certificate we desire that the said high commissioners will ex officio mero send for such parties and compel them to obey the just and lawful decrees of such ecclesiastical ordinaries making such certificates . lxxxvii . a terrier of glebe-lands and other possessions belonging to churches . we ordain , that the archbishops , and all bishops within their several diocesses , shall procure ( as much as in them lieth ) that a true note and terrier of all the glebes , lands , medows , gardens , orchards , houses , stocks , implements , tenements and portions of tythes , lying out of their parishes ( which belong to any parsonage , or vicarage , or rural prebend ) be taken by the view of honest men in every parish by the appointment of the bishop , whereof the minister to be one , and be laid up in the bishops registry there to be for a perpetual memory thereof . lxxxviii . churches not to be prophaned . the church-wardens or quest-men and their assistants shall suffer no plays , feasts , banquets , suppers , church-ales , drinkings , temporal courts or lets , lay-jurys , musters , or any other prophane usage to be kept in the church , chappel or church-yard , neither the bells to be rung superstitiously , upon holy-days or eves abrogated by the book of common prayer , not at any other times , without good cause to be allowed by the minister of the place , and by themselves . church-wardens or quest-men , and side-men or assistants . lxxxix . the choice of church-wardens , and their accompt . all church-wardens or quest-men in every parish , shall be chosen by the joynt consent of the minister and the parishioners , if it may be : but if they cannot agree upon such a choice , then the minister shall chuse one , and the parishioners another : and without such a joynt or several choice , none shall take upon them to be church-wardens , neither shall they continue any longer then one year in that office , except perhaps they be chosen again in like manner . and all church-wardens at the end of their year , or within a month after at the most , shall before the minister and the parishioners , give up a just account of such money as they have received , and also what particularly they have bestowed in reparations , and otherwise for the use of the church . and last of all , going out of their office , they shall truly deliver up to the parishioners whatsoever money or other things of right belonging to the church or parish , which remaineth in their hands , that it may be delivered over by them to the next church-wardens by bill indented . xc . the choice of sidemen , and their joynt office with church wardens . the church-wardens or quest-men of every parish and two or three or more discreet persons in every parish to be chosen for sidemen or assistants , by the minister and parishioners , if they can agree , ( otherwise to be appointed by the ordinary of the diocess ) shall diligently see , that all the parishoners duly resort to the church upon all sundays and holydays , and there continue the whole time of divine service : and none to walk or to stand idle or taking in the church , or in the church-yard , or the church-porch , during that time . and all such as shall be found slack or negligent in resorting to the church , ( having no great or urgent cause of absence ) they shall earnestly call upon them : and after due monition ( if they amend not ) they shall present them to the ordinary of the place . the choice of which persons , viz. church-wardens or quest-men , side-men or assistants shall be yearly made in easter-week , parish clerks . xci . parish clerks to be chosen by the minister . no parish clerk upon any vacation shall be chosen within the city of london , or elsewhere within the province of canterbury , but by the parson or vicar : or where there is no parson or vicar , by the minister of that place for the time being : which choice shall be signified by the said minister , vicar or parson , to the parishioners the next sunday following in the time of divine service . and the said clerk shall be of twenty years of age at the least , and known to the said parson , vicar or minister , to be of honest conversation , and sufficient for his reading , writing , and also for his competent skill in singing ( if it may be . ) and the said clerks so chosen shall have and receive their ancient wages , without fraud or diminution , either at the hands of the church-wardens at such times as hath been accustomed , or by their own collection according to the most ancient custom of every parish . ecclesiastical courts belonging to the archbishops jurisdiction . xcii . none to be cited into divers courts for probate of the same will. forasmuch as many heretofore have been by aparitors both of inferiour courts , and of the courts of the archbishops prerogatives much distracted , and diversly called , and summoned for probate of wills , or to take administrations of the goods of persons dying intestate and are thereby vexed and grieved with many causeless and unnecessary troubles , molestations and expences : we constitute and appoint , that all chancellors , commissaries or officials , or any other exercising ecclesiastical jurisdiction whatsoever , shall at the first charge with an oath all persons called , or voluntarily appearing before them for the probate of any will , or the administration of any goods , whether they know , or ( moved by any special inducement ) do firmly believe that the party deceased ( whose testaments or goods depend now in question ) had at the time of his or her death , any goods or good debts in any other diocess or diocesses , or peculiar jurisdiction within that province , then in that wherein the said party died , amounting to the value of five pounds . and if the said person cited , or voluntarily appearing before him , shall upon his oath affirm , that he knoweth , or ( as aforesaid ) firmly believeth , that the said party deceased had goods or good debts in any other diocess or diocesses , or peculiar jurisdiction within the said province , to the value aforesaid , and particularly specifie and declare the same : then shall he presently dismiss him , not presuming to intermeddle with the probate of the said will , or to grant administration of the goods of the party so dying intestate : neither shall he require or exact any other charges of the said parties more then such only as are due for the citation , and other precess had and used against the said parties , upon their further contumacy ; but shall openly and plainly declare and profess , that the said cause belongeth to the prerogative of the archbishop of that province , willing and admonishing the party to prove the said will , or require administration of the said goods in the court of the said prerogative , and to exhibite before him the said judge the probate or administration under the seal of the prerogative within fourty days next following . and if any chancellor , commissary , official or other exercising ecclesiastical jurisdiction whatsoever , or any their register shall offend herein , let him be ipso facto suspended from the execution of his office , not to be absolved or released until he have restored to the party all expences by him laid out contrary to the tenour of the premisses and every such probate of any testament or administration of goods so granted , shall be held void and frustrate to all effects of the law whatsoever . furthermore , we charge and enjoyn , that the register of every inferiour judge do without all difficulty or delay , certify and inform the apparitor of the prerogative court , repairing unto him once a month , and no oftner , what executors or administrators have been by his said judge for the incompetency of his own jurisdiction , dismissed to the said prerogative court within the month next before , under pain of a months suspension from the exercise of his office for every default therein . provided , that this canon or any thing therein contained , be not prejudicial to any composition between the archbishop and any bishop , or other ordinary , nor to any inferiour judge that shall grant any probate of testament of administration of goods to any party that shall voluntarily desire it , both out of the said inferiour court , and also out of the prerogative . provided likewise , that if any man dye in itinere , the goods that he hath about him at that present , shall not cause his testament or administration to be liable unto the prerogative court. xciii . the rate of bona notabilia liable to the prerogative court. furthermore , we decree and ordain , that no judge of the archbishops prerogative shall henceforward cite , or cause to be cited ex officio any person whatsoever to any of the aforesaid intents , unless he have knowledge that the party deceased was at the time of his death possessed of goods and chattels in some other diocess or diocesses , or peculiar jurisdiction within that province , than in that wherein he died , amounting to the value of five pounds at the least : decreeing and declaring , that whoso hath not goods in divers diocesses to the said sum or value , shall not be accounted to have bona notabilia . always provided , that this clause here , and in the former constitution mentioned , shall not prejudice those diocesses where by composition or custom bona notabilia are rated at a greater sum . and if any judge of the prerogative court , or any his surrogate , or his register or apparitor , shall cite , or cause any person to be cited into his court contrary to the tenor of the premisses , he shall restore to the party so cited all his costs and charges , and the acts and proceedings in that behalf shall be held void and frustrate . which expences if the said judge or register , or apparitor shall refuse accordingly to pay , he shall be suspended from the exercise of his office untill he yield to the performance thereof . xciv . none to be cited into the arches or audience , but dwellers within the archbishops diocess or peculiars . no dean of the arches nor official of the archbishops consistory , nor any judge of the audience , shall henceforward in his own name , or in the name of the archbishop , either ex officio , or at the instance of any party , originally cite , summon , or any way compel , or procure to be cited , summoned , or compelled any person which dwelleth not within the particular diocess or peculiar of the said archbishop , to appear before him or any of them , for any cause or matter whatsoever belonging to ecclesiastical cognizance , without the licence of the diocesan first had and obtained in that behalf , other than in such particular cases only as are expresly excepted and reserved in and by a statute ann. 23 h. 8. cap. 9. and if any of the said judges shall offend herein , he shall for every such offence be suspended from the exercise of his office , for the space of three whole months . xcv . fhe restraint of double quarrels . albeit by former constitutions of the church of england , every bishop hath had two months space to enquire and inform himself of the sufficiency and qualities of every minister , after he hath been presented unto him to be instituted into any benefice : yet for the avoiding of some inconveniencies , we do now abridge and reduce the said two months unto eight and twenty days only . in respect of which abridgement , we do ordain and appoint , that no double quarrel shall hereafter be granted out of any of the archbishops courts at the suit of any minister whosoever , except he shall first take his personal oath , that the said eight and twenty days at the least are expired , after he first tendered his presentation to the bishop , and that he refused to grant him institution thereupon : or shall enter bonds with sufficient sureties to prove the same to be true , under pain of suspension of the granter thereof from the execution of his office , for half a year toties quoties , to be denounced by the said archbishop , and nullity of the double quarrel aforesaid , so unduly procured , to all intents and purposes whatsoever . always provided , that within the said eight and twenty days , the bishop shall not institute any other to the prejudice of the said party before presented , sub poena mullitatis . xcvi . inhibitions not to be granted without the subscription of an advocate . that the jurisdictions of bishops may be preserved ( as near as may be ) entire and free from prejudice , and that for the behoof of the subjects of this land , better provision be made , that henceforward they be not grieved with frivolous and wrongful suits and molestations : it is ordained and provided , that no inhibition shall be granted out of any court belonging to the archbishop of canterbury at the instance of any party , unless it be subscribed by an advocate practising in the said court : which the said advocate shall do freely , not taking any fee for the same , except the party prosecuting the suit , do voluntarily bestow some gratuity upon him for his counsel and advice in the said cause . the like course shall be used in granting forth any inhibition at the instance of any party by the bishop or his chancellor against the archdeacon , or any other person exercising ecclesiastical jurisdiction : and if in the court or consistory of any bishop there be no advocate at all , then shall the subscription of a proctor practising in the same court be held sufficient . xcvii . inhibitions not to be granted until the appeal be exhibited to the iudge . it is further ordered and decreed , that henceforward no inhibition be granted by occasion of any interlocutory decree , or in any cause of correction whatsoever , except under the form aforesaid : and moreover , that before the going out of any such inhibition , the appeal it self , or a copy thereof ( avouched by oath to be just and true ) be exhibited to the judge or his lawful surrogate , whereby he may be fully inform'd , both of the quality of the crime , and of the cause of the grievance , before the granting forth of the said inhibition . and every appellant or his lawful proctor shall before the obtaining of any such inhibition , shew and exhibit to the judge or his surrogate in writing , a true copy of those acts , wherewith he complaineth himself to be aggrieved , and from which he appealeth , or shall take a corporal oath that he hath performed his diligence , and true endeavour for the obtaining of the same , and could not obtain it at the hands of the register in the country , or his deputy , tendring him his fee. and if any judge or register shall either procure or permit any inhibition to be sealed , so as is said , contrary to the form and limitation above specified , let him be suspended from the execution of his office , for the space of three months : if any proctor , or other person whatsoever by his appointment , shall offend in any of the premisses , either by making or sending out any inhibition , contrary to the tenour of the said premisses , let him be removed from the exercise of his office , for the space of a whole year without hope of release or restoring . xcviii . inhibitions not to be granted to factious appellants , unless they first subscribe . forasmuch as they who break the laws cannot in reason claim any benefit or protection by the same : we decree and appoint , that after any judge ecclesiastical hath proceeded judiciously against obstinate and factious persons , and contemmers of ceremonies , for not observing the rites and orders of the church of england , or for contempt of publick prayer , no judge ad quem , shall admit or allow any his or their appeals , unless he having first seen the original appeal , the party appellant do first personally promise and avow , that he will faithfully keep and observe all the rites and ceremonies of the church of england , as also the prescript form of common prayer , and do likewise subscribe to the three articles formerly by us specified and declared . xcix . none to marry within the degrees prohibited . no persons shall marry within the degrees prohibited by the laws of god , and expressed in a table set forth by authority in the year of our lord god 1563. and all marriages so made and contracted shall be adjudged incestuous and unlawful , and consequently shall be dissolved as void from the beginning , and the parties so married shall by course of law be separated . and the aforesaid table shall be in every church publickly set up and fixed at the charge of the parish . c. none to marry under xxi years , without their parents consent . no children under the age of one and twenty years compleat , shall contract themselves or marry without the consent of their parents , or of their guardians and governors , if their parents be deceased . ci. by whom licences to marry without banns shall be granted , and to what sort of persons . no faculty or licence shall be henceforth granted for solemnization of matrimony betwixt any parties , without thrice open publication of the banns according to the book of common prayer , by any person exercising any ecclesiastical jurisdiction , or claiming any priviledges in the right of their churches ; but the same shall be granted only by such as have episcopal authority , or the commissary for faculties , vicars general of the archbishops and bishops sede plena or sede vacante , the guardian of the spiritualties , or ordinaries exercising of right episcopal jurisdiction in their several jurisdictions , respectively , and unto such persons only as be of good state and quality , and that upon good caution and security taken . cii . security to be taken at the granting of such licences , and under what conditions . the security mentioned shall contain these conditions : first , that at the time of the granting every such licence , there is not any impediment of precontract , consanguinity , affinity , or other lawful cause to hinder the said marriage . secondly , that there is not any controversie or suit depending in any court before any ecclesiastical judge touching any contract or marriage of either of the said parties with any other . thirdly , that they have obtained thereunto the express consent of their parents ( if they be living ) or otherwise of their guardians or governours . lastly , that they shall celebrate the said matrimony publickly in the parish church or chappel where one of them dwelleth , and in no other place , and that between the hours of eight and twelve in the forenoon . ciii . oaths to be taken for the conditions . for the avoiding of all fraud and collusion in the obtaining of such licences and dispensations : we further constitute and appoint , that before any licence for the celebration of matrimony , without publication of banns be had or granted , it shall appear to the judge by the oaths of two sufficient witnesses , one of them to be known either to the judge himself , or to some other person of good reputation then present , and known likewise to the said judge , that the express consent of the parents or parent , if one be dead , or guardians , or guardian of the parties , is thereunto had and obtained . and furthermore , that one of the parties personally swear , that he believeth there is no let or impediment of precontract , or kindred , or alliance , or of any other lawful cause whatsoever , nor any suit commenced in any ecclesiastical court , to bar or hinder the proceeding of the said matrimony , according to the tenor of the foresaid licence . civ . an exception for those that are in widowhood . if both the parties which are to marry being in widowhood , do seek a faculty for the forbearing of banns , then the clauses before mentioned requiring the parents consents , may be omitted ; but the parishes where they dwell both shall be expressed in the licence , as also the parish named where the marriage shall be celebrated . and if any commissary for faculties , vicars general , or other the said ordinaries shall offend in the premisses , or any part thereof , he shall for every time so offending , be suspended from the execution of his office for the space of six months ; and every such licence or dispensation shall be held void to all effects and purposes , as if there had never been any such granted , and the parties marrying by vertue thereof , shall be subject to the punishments which are appointed for clandestine marriages . cv . no sentence for divorce to be given upon the sole confession of the parties . forasmuch as matrimonial causes have been always reckoned and reputed amongst the weightiest , and therefore require the greater caution when they come to be handled and debated in judgment , especially in causes wherein matrimony having been in the church duly solemnized , is required upon any suggestion or pretext whatsoever to be dissolved or annulled : we do straitly charge and injoyn , that in all proceedings to divorce and nullities of matrimony , good circumspection and advice be used , and that the truth may ( as far as is possible ) be sifted out by the deposition of witnesses , and other lawful proofs and evictions , and that credit be not given to the sole confession of the parties themselves howsoever taken upon oath , either within or without the court. cvi. no sentence for divorce to be given but in open court. no sentence shall be given either for separation a thoro & mensa , or for annulling of pretended matrimony , but in open court , and in the seat of justice , and that with the knowledge and consent either of the archbishop within his province , or of the bishop within his diocess , or of the dean of the arches , the judge of the audience of canterbury , or of the vicars general , or other principal officials , or sede vacante of the guardians of the spiritualties , or other ordinaries to whom of right it appertaineth , in their several jurisdictions and courts , concerning them only that are then dwelling under their jurisdictions . cvii . in all sentences for divorce , bond to be taken for not marrying during each others life . in all sentences pronounced only for divorce and separation a thoro & mensa , there shall be a caution and restraint inserted in the act of the said sentence , that the parties so separated , shall live chastly and continently ; neither shall they , during each others life , contract matrimony with other person . and for the better observation of this last clause , the said sentence of divorce shall not be pronounced , until the party or parties requiring the same , have given good and sufficient caution and security into the court , that they will not any way break or transgress the said restraint or prohibition . cviii . the penalty for iudges offending in the premisses . and if any judge giving sentence of divorce or separation shall not fully keep and observe the premisses , he shall be by the archbishop of the province , or by the bishop of the diocess , suspended from the exercise of his office for the space of a whole year , and the sentence of separation so given contrary to the form aforesaid , shall be held void to all intents and purposes of the law , as if it had not at all been given or pronounced . ecclesiastical courts belonging to the jurisdiction of bishops and arch-deacons , and the proceedings in them . cix . notorious crimes and scandal to be certified into ecclesiastical co●rts by pre●entment . if any offend their brethren , either by adultery , whoredom , incest , or drunkenness , or by swearing , ribbaldry , usury , or any other uncleanness and wickedness of life , the church wardens or quest-men , and sidemen in their next presentments to their ordinaries , shall faithfully present all and every of the said offenders , to the intent that they and every of them may be punished by the severity of the laws , according to their deserts ; and such notorious offenders shall not be ad●●tted to the holy communion till they be reformed . cx . schismaticks to be presented . if the church-wardens or quest-men or assistants , do or 〈…〉 any man within their parish or elsewhere , that is a hindere●… 〈◊〉 the word of god to be read or sincerely preached , or of the 〈…〉 these our constitutions , or a factour of any usurped or foreign 〈◊〉 by the laws of this realm justly rejected and taken away , or a 〈…〉 popish and erroneous doctrin : they shall detect and present the same to the bishop of the diocess or ordinary of the place , to be censured and punished according to such ecclesiastical laws as are prescribed in that behalf . cxi . disturbers of divine service to be presented . in all visitations of bishops and arch-deacons , the church-wardens or quest-men and sidemen , shall truly and personally present the names of all those which behave themselves rudely and disorderly in the church , or which by untimely ringing of the bells , by walking , talking , or other noise shall hinder the minister or preacher . cxii . not communicants at easter to be presented . the minister , church-wardens , quest-men and assistants of every parish church and chappel , shall yearly within forty days after easter exhibit to the bishop or his chancellor , the names or sirnames of all the parishioners , as well men as women , which being of the age of sixteen years , received not the communion at easter before . cxiii . ministers may present . because it often cometh to pass , that the church-wardens , sidemen , quest-men , and such other persons of the layity as are to take care for the suppressing of sin and wickedness in their several parishes , as much as in them lieth , by admonition , reprehension , and denunciation to their ordinaries , do forbear to discharge their duties therein , either through fear of their superiors , or through negligence , more then were fit , the licentiousness of these times considered : we ordain , that hereafter every parson and vicar , or in the lawful absence of any parson or vicar , then their curates and substitutes may joyn in every presentment with the said church-wardens sidemen , and the rest above mentioned at the times hereafter limited , if they the said church-wardens and the rest will present such enormities as are apparent in the parish : or if they will not , then every such parson and vicar , or in their absence as aforesaid , their curates may themselves present to their ordinaries at such times and when else they think it meet , all such crimes as they have in charge , or otherwise , as by them ( being the persons that should have the chief care for the suppressing of sin and impiety in their parishes ) shall be thought to require due reformation . provided always , that if any man confess his secret and hidden sins to the minister for the unburthening of his conscience , and to receive spiritual consolation and ease of mind from him , we do not any way bind the said minister by this our constitution , but do straitly charge and admonish him , that he do not at any time reveal and make known to any person whatsoever , any crime or offence so committed to his trust and secrecy ( except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same ) under pain of irrgularity . cxiv . ministers shall present recusants . every parson , vicar , or curate , shall carefully inform themselves every year hereafter , how many popish recusants , men , women and children above the age of thirteen years ; and how many being popishly given ( who though they come to the church , yet do refuse to receive the communion ) are inhabitants , or make their abode either as sojourners or common guests in any of their several parishes , and shall set down their true names in writing ( if they can learn them ) or otherwise such names , as for the time they carry , distinguishing the obsolute recusants from half recusants : and the same so far as they know or believe so distinguished and set down under their hands , shall truly present to their ordinaries before the feast of the nativity next ensuing , under pain of suspension to be inflicted upon them by their said ordinaries , and so every year hereafter upon the like pain , before the feast of st. john baptist. also we ordain , that all such ordinaries , chancellors , commissaries , arch-deacons , officials , and all other ecclesiastical officers to whom the said presentments shall be exhibited , shall likewise within one month after the receipt of the same , under pain of suspension by the bishop , from the execution of their offices for the space of half a year ( as often as they shall offend therein ) deliver them or cause to be delivered to the bishop respectively ; who shall also exhibit them to the archbishop within six weeks , and the archbishop to his majesty within other six weeks after he hath received the said presentments . cxv . ministers and churchwardens not to be sued for presenting . vvhereas for the reformation of criminous persons and disorders in every parish , the churchwardens , questmen , sidemen , and such other church officers are sworn , and the minister charged to present as well the crimes and disorders committed by the said criminous persons , as also the common fame which is spread abroad of them , whereby they are often maligned and sometimes troubled by the said dilinquents or their friends : we do admonish and exhort all judges , both ecclesiastical and temporal , as they regard and reverence the fearful judgment-seat of the highest judge , that they admit not in any of their courts , any complaint , plea , suit , or suits against any such churchwarden , questmen , sidemen , or other church-officers , for making any such presentments , nor against any minister for any pres●ntment that he shall make : all the said presentments tending to the restraint of shameless impiety , and considering that the rules both of charity and government do presume that they did nothing therein of malice , but for the discharge of their consciences . cxvi . churchwardens not bound to present oftner than twice a year . no churchwardens , questmen , or sidemen of any parish , shall be inforced to exhibit their presentments to any having ecclesiastical jurisdiction , above once in every year , where it hath been no oftner used , nor above twice in any diocess whatsoever , except it be at the bishops visitation . for the which presentments of every parish church or chappel , the register of any court where they are to be exhibited , shall not receive in one year above four pence , under pain for every offence therein , of suspension from the execution of his office for the space of a month toties quoties . provided always , that as good occasion shall require , it shall be lawful for every minister , churchwardens , and sidemen , to present offenders as oft as they shall think meet . and likewise for any godly disposed person , or for any ecclesiastical judge , upon knowledge or notice given unto him or them , of any enormous crime within his jurisdiction , to move the minister , churchwardens , or sidemen , as they tender the glory of god and reformation of sin , to present the same , if they shall find sufficient cause to induce them thereunto , that it may be in due time punished and reformed . provided , that for these voluntary presentments , there be no fee required or taken of them under the pain aforesaid . cxvii . churchwardens not to be troubled for not presenting oftner then twice a year . no church-wardens , quest-men , or side-men shall be called or cited , but only at the said time or times before limited , to appear before any ecclesiastical judge whosoever , for refusing at other times to present any faults committed in their parishes , and punishable by ecclesiastical laws . neither shall they nor any of them , after their presentments exhibited at any of those times , be any further troubled for the same , except upon manifest and evident proof it may appear that they did then willingly and wittingly omit to present some such publick crime or crimes as they knew to be committed , or could not be ignorant that there was then a publick fame of them , or unless there be very just cause to call them for the explanation of their former presentments . in which case of wilful omission , their ordinaries shall proceed against them in such sort as in causes of wilful perjury in a court ecclesiastical it is already by law provided . cxviii . the old churchwardens to make their presentments before the new be sworn . the office of all church-wardens and side-men , shall be reputed ever hereafter to continue until the new church-wardens that shall succeed them , be sworn , which shall be the first week after easter , or some week following , according to the direction of the ordinary . which time so appointed , shall always be one of the two times in every year , when the minister and church-wardens , and side-men of every parish shall exhibit to their several ordinaries , the presentments of such enormities as have hapned in their parishes since their last presentments . and this duty they shall perform before the newly chosen church-wardens and side-men be sworn , and shall not be suffered to pass over the said presentments to those that are newly come into office , and are by intendment ignorant of such crimes , under pain of those censures which are appointed for the reformation of such dalliers and dispencers with their own consciences and oaths . cxix . convenient time to be assigned for framing presentments . for the avoiding of such inconveniences as heretofore have happened by the hasty making of bills of presentments , upon the days of the visitation and synods , it is ordered , that always hereafter , every chancellor , archdeacon , commissary and official , and every other person having ecclesiastical jurisdiction , at the ordinary time when the church-wardens are sworn : and the archbishop and bishops when he or they do summon their visitation , shall deliver , or cause to be delivered to the church-wardens , quest-men and side-men of every parish , or to some of them , such books of articles as they or any of them shall require for the year following the said church-wardens , quest-men and side-men , to ground their presentments upon at such times as they are to exhibit them . in which book shall be contained the form of the oath which must be taken immediately before every such presentment : to the intent that having beforehand time sufficient , not only to peruse and consider what their said oath shall be , but the articles also whereupon they are to ground their presentments , they may frame them at home both advisedly and truly to the discharge of their own consciences , after they are sworn , as becometh honest and godly men . cxx . none to be cited into ecclesiastical courts by process of quorum nomina . no bishop , chancellor , archdeacon , official , or other ecclesiastical judge , shall suffer any general processes of quorum nomina , to be sent out of his court : except the names of all such as thereby are to be cited , shall be first expresly entered by the hand of the register , or his deputy , under the said processes , and the said processes and names be first subscribed by the judge , or his deputy and his seal thereto affixed . cxxi . none to be cited into several courts for one crime . in places where the bishop and archdeacon do by prescription or composition visit at several times in one and the same year , lest for one and the self same fault any of his majesties subjects should be challenged and molested in divers ecclesiastical courts : we order and appoint , that every archdeacon or his official , within one month after the visitation ended that year , and the presentments received , shall certifie under his hand and seal , to the bishop or his chancellor , the names and crimes of all such as are detected and presented in his said visitation , to the end the chancellor shall thenceforth forbear to convent any person for any crime or cause so detected or presented to the archdeacon . and the chancellor within the like time after the bishops visitation ended , and presentments received , shall under his hand and seal signifie to the archdeacon or his official , the names and crimes of all such persons which shall be detected or presented unto him in that visitation , to the same intent as is aforesaid . and if these officers shall not certifie each other as is here prescribed , or after such certificate shall intermeddle with the crimes or persons detected and presented in each other visitation ; then every of them so offending shall be suspended from all exercise of his jurisdiction , by the bishop of the diocess , until he shall repay the costs and expences which the parties grieved have been at by that vexation . cxxii . no sentence of deprivation or deposition to be pronounced against a minister , but by the bishop . when any minister is complained of in any ecclesiastical court belonging to any bishop of his province for any crime , the chancellor , commissary , official , or any other having ecclesiastical jurisdiction to whom it shall appertain , shall expedite the cause by processes and other proceedings against him : and upon contumacy for not appearing , shall first suspend him , and afterwards his contumacy continuing , excommunicate him . but if he appear and submit himself to the course of law , then the matter being ready for sentence , and the merits of his offence exacting by law , either deprivation from his living , or deposition from the ministry , no such sentence shall be pronounced by any person whosoever , but only by the bishop , with the assistance of his chancellor , the dean ( if they may conveniently be had ) and some of the prebendaries , if the court be kept near the cathedral church , or of the arch-deacon , if he may be had conveniently , and two other at the least grave ministers and preachers to be called by the bishop , when the court is kept in other places . cxxiii . no act to be sped but in open court. no chancellor , commissary , archdeacon , official , or any other person using ecclesiastical jurisdiction whosoever , shall speed any judicial act , either of contentious or voluntary jurisdiction , except he have the ordinary register of that court , or his lawful deputy : or if he or they will not , or cannot be present , then such persons as by law are allowed in that behalf to write or speed the same , under pain of suspension ipso facto . cxxiv . no court to have more than one seal . no chancellor , commissary , archdeacon , official , or any other exercising ecclesiastical jurisdiction , shall without the bishops consent have any more seals than one for the sealing of all matters incident to his office : which seal shall always be kept either by himself , or by his lawful substitute exercising jurisdiction for him , and remaining within the jurisdiction of the said judge , or in the city , or principal town of the county . this seal shall contain the title of that jurisdiction which every of the said judges or their deputies do execute . cxxv . convenient places to be chosen for the keeping of courts . all chancellors commissaries , archdeacons , officials , and all other exercising ecclesiastical jurisdiction , shall appoint such meet places for the keeping of their courts by the assignment or approbation of the bishop of the diocess , as shall be convenient for entertainment of those that are to make their appearance there , and most indifferent for their travel . and likewise they shall keep and end their courts in such convenient time , as every man may return homewards in as due season as may be . cxxvi . peculiar and inferiour courts to exhibit the original copies of wills into the bishops registry . whereas deans , archdeacons , prebendaries , parsons , vicars , and others exercising ecclesiastical jurisdiction , claim liberty to prove the last wills and testaments of persons deceased within their several jurisdictions , having no known nor certain registers , nor publick place to keep their records in , by reason whereof many wills , rights and legacies , upon the death or change of such persons and their private notaries , miscarry , and cannot be found , to the great prejudice of his majesties subjects : we therefore order and enjoyn that all such possessors and exercisers of peculiar jurisdiction , shall once in every year exhibite into the publick registry of the bishop of the diocess , or of the dean and chapter , under whose jurisdiction the said peculiars are , every original testament of every person in that time deceased , and by them proved in their several peculiar jurisdictions , or a true copy of every such testa ment examined , subscribed , and sealed by the peculiar judge and his notary . otherwise if any of them fail so to do , the bishop of the diocess , or dean and chapter , unto whom the said jurisdictions do respectively belong , shall suspend the said parties , and every of them from the exercise of all such peculiar jurisdiction , until they have performed this our constitution . judges ecclesiastical and their surrogates . cxxvii . the quality and oath of iudges . no man shall hereafter be admitted a chancellor , commissary or official , to exercise any ecclesiastical jurisdiction , except he be of the full age of six and twenty years at the least , and one that is learned in the civil and ecclesiastical laws , and is at the least a master of arts , or batchelor of law , and is reasonably well practised in the course thereof , as likewise well affected , and zealously bent to religion , tou●hing whose life and manners no evil example is had , and except before he enter into , or execute any such office , he shall take the oath of the kings supremacy in the presence of the bishop , or in the open court , and shall subscribe to the articles of religion , agreed upon in the convocation , in the year one thousand five hundred , sixty and two , and shall also swear that he will to the uttermost of his understanding , deal uprightly and justly in his office , without respect , or favour of reward : the said oaths and subscription to be recorded by a register then present . and likewise all chancellors , commissaries , officials , registers , and all other that do now possess or execute any places of ecclesiastical jurisdiction , or service , shall before christmas next , in the presence of the archbishop of bishop , or in open court , under whom or where they exercise their offices , take the same oaths , and subscribe as before is said : or upon refusal so to do , shall be suspended from the execution of their offices , until they shall take the said oaths , and subscribe as aforesaid . cxxviii . the quality of surrogates . no chancellor , commissary , arch-deacon , official , or any other person using ecclesiastical jurisdiction , shall at any time substitute in their absence any to keep any court for them , except he be either a grave minister and a graduate , or a licensed publick preacher , and a beneficed man near the place where the courts are kept , or a batcheler of law , or a master of arts at least , who hath some skill in the civil and ecclesiastical law , and is a favourer of true religion , and a man of modest and honest conversation , under pain of suspension for every time that they offend therein from the execution of their offices for the space of three months toties quoties : and he likewise that is deputed , being not qualified as is before expressed , and yet shall presume to be a substitute to any judge , and shall keep any court as is aforesaid , shall undergo the same censure in manner and form as is before expressed . proctors . cxxix . proctors not to retain causes without the lawful assignment of the parties . none shall procure in any cause whatsoever , unless he be thereunto constituted and appointed by the party himself , either before the judge , and by act in court , or unless in the beginning of the suit , he be by a true and sufficient proxy thereunto warranted and enabled . we call that proxy sufficient , which is strengthened and confirmed by some authentical seal , the parties approbation , or at least his ratification therewithal concurring . all which proxies shall be forthwith by the said proctors exhibited into the court , and be safely kept and preserved by the register in the publick registry of the said court. and if any register or proctor shall offend herein , he shall be secluded from the exercise of his office for the space of two months , without hope of release or restoring . cxxx . proctors not to retain causes without the counsel of an advocate . for lessening and abridging the multitude of suits and contentions , as also for preventing the complaints of suiters in courts ecclesiastical , who many times are overthrown by the over-sight and neglience , or by the ignorance and insufficiency of proctors , and likewise for the furtherance and increase of learning , and the advancement of civil and canon law , following the laudable customs heretofore observed in the courts pertaining to the arch-bishop of canterbury , we will and ordain , that no proctor exercising in any of them shall entertain any cause whatsoever , and keep and retain the same for two court days , without the counsel and advice of an advocate , under pain of a years suspension from his practice : neither shall the judge have power to release or mitigate the said penalty , without express mandate and authority from the arch-bishop aforesaid . cxxxi . proctors not to conclude in any cause without the knowledge of an advocate . no judge in any of the said courts of the arch-bishop , shall admit any libel , or any other matter , without the advice of an advocate admitted to practice in the same court , or without his subscription : neither shall any proctor conclude any cause depending , without the knowledge of the advocate retained and fee'd in the cause : which if any proctor shall do , or procure to be done , or shall by any colour whatsoever defraude the advocate of his duty or fee , or shall be negligent in repairing to the advocate , and requiring his advice what course is to be taken in the cause , he shall be suspended from all practice for the space of six months , without hope of being thereunto restored before the said term be fully compleat . cxxxii . proctors prohibited the oath , in animam domini sui . forasmuch as in the probate of testaments and suits for administration of the goods of persons dying intestate , the oath usually taken by proctors of courts , in animam constituentis , is found to be inconvenient : we do therefore decree and ordain , that every executor or suiter for administration , shall personally repair to the judge in that behalf , or his surrogate , and in his own person ( and not by proctor ) take the oath accustomed in these cases . but if by reason of sickness or age , or any other just let or impediment , he be not able to make his personal appearance before the judge : it shall be lawful for the judge ( there being faith first made by a credible person , of the truth of his said hinderance or impediment ) to grant a commission to some grave ecclesiastical person abiding near the party aforesaid , whereby he shall give power and authority to the said ecclesiastical person in his stead , to minister the accustomed oath above mentioned , to the executor or suiter for such administration , requiring his said substitute , that by a faithful and trusty messenger he certifie the said judge truly and faithfully what he hath done therein . lastly , we ordain and appoint , that no judge or register , shall in any wise receive for the writing , drawing or sealing of any such commission , above the sum of six shillings and eight pence ; whereof one moyety to be for the judge , and the other for the register of the said court. cxxxiii . proctors not to be clamorous in court. forasmuch as it is found by experience , that the loud and confused cries and clamours of proctors in the courts of the arch-bishop , are not only troublesom and offensive to the judges and advocates , but also give occasion to the standers by , of contempt and calumny toward the court it self : that more respect may be had to the dignity of the judge , then heretofore , and that causes may more easily and commodiously be handled and dispatched , we charge and enjoyn , that all proctors in the said courts do especially intend , that the acts be faithfully entred and set down by the register , according to the advice and direction of the advocate , that the said proctors refrain loud speech and brabling , and behave themselves quietly and modestly , and that when either the judges or advocates , or any of them , shall happen to speak , they presently be silent , upon pain of silencing for two whole terms then immediately following every such offence of theirs . and if any of them shall the second time offend herein , and after due monition shall not reform himself ; let him be for ever removed from his practice . registers . cxxxiv . abuses to be reformed in register if any register or his deputy , or substitute whatsoever , shall receive any certificate without the knowledge and consent of the judge of the court , or willingly omit to cause any person cited to appear upon any court day to be called , or unduly put off , and defer the examination of witnesses to be examined by a day set and assigned by the judge , or do not obey and observe the judicial and lawful monition of the said judge , or omit to write , or cause to be written such citations and decrees as are to be put in execution and set forth before the next court day , or shall not cause all testaments exhibited into his office to be registred within a convenient time , or shall set down or enact as decreed by the judge any thing false , or conceited by himself , and not so ordered o● decreed by the judge , or in the transmission of processes to the judge ad quem , shall add , or insert any falsehood or untruth , or omit any thing therein , either by cunning , or by gross negligence , or in causes of instance , or promoted of office , shall receive any reward in favour of either party , or to be of counsel directly or indirectly with either of the parties in suit , or in the execution of their office shall do ought else maliciously , or fraudulently , whereby the said ecclesiastical judge or his proceedings may be slandered or defamed : we will and ordain , that the said register or his deputy or substitute , offending in all , or any of the premisses , shall by the bishop of the diocess be suspended from the exercise of his office , for the space of one , two or three months , or more , according to the quality of his offence , and that the said bishop shall assign some other public notary to execute and discharge all things pertaining to his office , during the time of his said suspension . cxxxv . a certain rate of fees due to all ecclesiastical officers . no bishop , suffragan , chancellor , commissary , arch-deacon , official , nor any other exercising ecclesiastical jurisdiction whatsoever , nor any register of any ecclesiastical courts , nor any minister belonging to any of the said officers or courts , shall hereafter for any cause incident to their several offices , take or receive any other or greater fees , then such as were certified to the most reverend father in god , john , late arch-bishop of canterbury , in the year of our lord god , one thousand five hundred ninety and seven , and were by him ratified and and approved , under pain that every such judge , officer or minister offending herein shall be suspended from the exercise of their several offices , for the space of six months for every such offence . always provided , that if any question shall arise concerning the certainty of the said fees or any of them : those fees shall be held for lawful , which the arch-bishop of canterbury for the time being shall under his hand approve , except the statutes of this realm before made , do in any particular case express some other fees to be due . provided furthermore , that no fee or money shall be received either by the arch-bishop , or any bishop or suffragan , either directly or indirectly , for admitting of any into sacred orders , nor that any other person or persons under the said arch-bishop , bishop or suffragan , shall for parchment , writing , wax , sealing , or any other respect thereunto appertaining , take above ten shillings , under such pains as are already by law prescribed . cxxxvi . a table of the rates and fees to be set up in courts and registries . vve do likewise constitute and appoint , that the registers belonging to every such ecclesiastical judge , shall place two tables , containing the several rates and sums of all the said fees : one in the usual place or consistory where the court is kept , and the other in his registry , and both of them in such sort , as every man whom it concerneth may without difficulty come to the view and perusal thereof , and take a copy of them ; the same tables to be so set up before the feast of the nativity next ensuing . and if any register shall fail to place the said tables according to the tenour hereof , he shall be suspended from the execution of his office , until he cause the same to be accordingly done : and the said tables being once set up , if he shall at any time remove or suffer the same to be removed , hidden or any way hindered from sight , contrary to the true meaning of this constitution , he shall for every such offence be suspended from the exercise of his office for the space of six months . cxxxvii . the whole fees for shewing letters of orders , and other licences , due but once in every bishops time . forasmuch as a chief and principal cause and use of visitation is , that the bishop , arch-deacon or other assigned to visit , may get some good knowledge of the state , sufficiency and ability of the clergy , and other persons whom they are to visit : we think it convenient , that every parson , vicar , curate , schoolmaster , or other person licensed whosoever , do at the bishops first visitation , or at the next visitation after his admission , shew and exhibit unto him his letters of orders , institution and induction , and all other his dispensations , licences or faculties whatsoever , to be by the said bishop either allowed , or ( if there be just cause ) disallowed and rejected : and being by him approved , to be , as the custom is , signed by the register ; and that the whole fees accustomed to be paid in the visitations in respect of the premisses , be paid only once in the whole time of every bishop , and afterwards , but half of the said accustomed fees , in every other visitation during the said bishops continuance . apparitors . cxxxviii . the number of apparitors restrained . forasmuch as we are desirous to redress such abuses and aggrievances as are said to grow by somners or apparitors ; we think it meet that the multitude of apparitors be ( as much as is possible ) abridged or restrained : wherefore we decree and ordain , that no bishop or archdeacon , or their vicars or officials , or other inferior ordinaries , shall depute or have more apparitors to serve in their jurisdictions respectively , then either they or their predecessors were accustomed to have thirty years before the publishing of these our present constitutitions . all which apparitors shall by themselves faithfully execute their offices , neither shall they by any colour or pretence whatsoever cause or suffer their mandates to be executed by any messengers or substitutes ▪ unless it be upon some good cause to be first known and approved by the ordinary of the place . moreover , they shall not take upon them the office of promoters or informers for the court , neither shall they exact more or greater fees than are in these our constitutions formerly prescribed . and if either the number of the apparitors deputed shall exceed the fore said limitation , or any of the said apparitors shall offend in any of the premisses , the persons deputing them , if they be bishops , shall upon admonition of their superiour , discharge the persons exceeding the number so limited : if inferiour ordinaries , they shall be suspended from the execution of their office until they have dismissed the apparitors by them so deputed , and the parties themselves so deputed shall for ever be removed from the office of apparitors : and if being so removed , they desist not from the exercise of their said offices , let them be punished by ecclesiastical censures as persons contumacious . provided , that if upon experience the number of the said apparitors be too great in any diocess in the judgment of the archbishop of canturbury for the time being , they shall by him be so abridged as he shall think meet and convenient . authority of synods . cxxxix . a national synod the church representative . whosoever shall hereafter affirm , that the sacred synod of this nation in the name of christ , and by the king's authority assembled , is not the true church of england by representation , let him be excommunicated , and not restored until he repent and publickly revoke that his wicked error . cxl . synods conclude as well the absent as the present . whosoever shall affirm , that no manner of person either of the clergy or laity , not being themselves particularly assembled in the said sacred synod , are to be subject to the decrees thereof in causes ecclesiastical ( made and ratified by the kings majesties supream authority ) as not having given their voices unto them ; let him be excommunicated , and not restored until he repent and publickly revoke that his wicked error . cxli . depravers of the synod censured . whosoever shall hereafter affirm , that the sacred synod assembled as aforesaid , was a company of such persons as did conspire together against godly and religious professors of the gospel : and that therefore both they and their proceedings in making of canons and constitutions in causes ecclesiastical by the kings authority as aforesaid , ought to be despised and contemned , the same being ratified , confirmed and enjoyed by the said regal power , supremacy and authority : let them be excommunicated , and not restored until they repent and publickly revoke that their wicked error . we of our princely inclination , and royal care for the maintenance of the present estate and government of the church of england , by the laws of this our realm now settled and established , having diligently , with great contentment and comfort , read and considered of all these their said canons , orders , ordinances , and constitutions agreed upon , as is before expressed ; and finding the same such , as we are perswaded will be very profitable , not only to our clergy , but to the whole church of this our kingdom , and to all the true members of it , ( if they be well observed ) have therefore us , our heirs and lawful successors , of our special grace , certain knowledge , and meer motion given , and by these presents do give our royal assent , according to the form of the said statute or act of parliament aforesaid , to all and every of the said canons , orders , ordinances and constitutions , and to all and every thing in them contained , as they are before written . and furthermore , we do not only by our said prerogative royal , and supream authority in causes ecclesiastical , ratifie , confirm , and establish by these our letters patents , the said canons , orders , ordinances and constitutions , and all and every thing in them contained , as is aforesaid , but do likewise propounid , publish , and straightway enjoyn and command by our said authority , and by these our letters patents , the same to be diligently observed , executed , and equally kept by all our loving subjects of this our kingdom , both within the province of canturbury and york , in all points wherein they do or may concern every or any of them according to this our will and pleasure hereby signified and expressed : and that likewise for the better observation of them , every minister , by what name or title soever he be called , shall in the parish church or chappel where he hath charge read all the said canons , orders , ordinances and constitutions once every year , upon some sundays or holy days , in the afternoon before divine service , dividing the same in such sort , as that the one half may be read one day , and the other another day : the book of the said canons to be provided at the charge of the parish betwixt this and the feast of the nativity of our lord god next ensuing : straightly charging and commanding all archbishops , bishops , and all other that exercise any ecclesiastical iurisdiction within this realm , every man in his place , to see , and procure ( so much as in them lieth ) all and every of the same canons , orders , ordinances and constitutions to be in all points duly observed , not sparing to execute the penalties in them severally mentioned , upon any that shall wittingly or wilfully break , or neglect to observe the same , as they tender the honour of god , the peace of the church , the tranquility of the kingdom and their duties and service to us their king and sovereign . in vvitness , &c. the table . of the church of england . 1 the kings supremacy over the church of england in causes ecclesiastical , to be maintained . page 1 2 impugners of the kings supremacy , censured 2 3 the church of england , a true and apostolical church . ib. 4 impugners of the publick worship of god established in the church of england , censured . ib. 5 impugners of the articles of religion established in the church of england censured . 3 6 impugners of the rites and ceremonies established in the church of england censured . ib. 7 impugners of the government of the church of england by archbishops , bishops , &c. censured . ib. 8 impugners of the form of consecrating and ordering archbishops , bishops , &c. in the church of england , censured . ib. 9 authors of schism in the church of england , censured . 4 10 maintainers of schismaticks in the church of england , censured ib. 11 maintainers of con●nticles , censured . ib. 12 maintainers of constitutions made in conventicles , censured . 5 of divine service and administration of the sacraments . 13 due celebration of sundays and holy-days . 5 14 the prescript form of divine service to be used on sundays and holy-days . ib. 15 the letany to be read on wednesdays and fridays . 6 16 colledges to use the prescript form of divine service . ib. 17 students in colledges to wear surplices in time of divine service . ib. 18 a reverence and attention to be used within the church in time of divine service . 7 19 loyterers not to be suffered near the church in time of divine service . 8 20 bread and wine to be provided against every communion . ib. 21 the communion to be thrice a year received . ib. 22 warning to be given beforehand for the communion . ib. 23 students in colledges to receive the communion four times a year . 9 24 copes to be worn in cathedral churches by those that administer the communion . ib. 25 surplices and hoods to be worn in cathedral churches when there is no communion . 10 26 notorious offenders not to be admitted to the communion . ib. 27 schismaticks not to be admitted to the communion . ib. 28 strangers not to be admitted to the communion . 11 29 fathers not to be godfathers in baptism , nor children not communicants . ib. 30 the lawful use of the cross in baptism explained . 12 ministers , their ordination , function and charge . 31 four solemn times appointed for the making of ministers . 14 32 none to be made deacon and minister both in one day . 15 33 the titles of such as are to be made ministers . ibid. 34 the quality of such as are to be made ministers 16 35 the examination of such as are to be made ministers . ib. 36 subscriptions required of such as are to be made ministers . 17 37 subscription before the diocesan . 18 38 revolters after subscription , censured . ib. 39 cautions for institution of ministers into benefices . ib. 40 an oath against simony at institution into benefices . ib. 41 licences for plurality of benefices limited , and residence enjoined . 19 42 residence of deans in their churches . 20 43 deans and prebendaries to preach during their residence . ib. 44 prebendaries to be resident upon their benefices . 21 45 beneficed preachers being resident upon their livings , to preach every sunday . 21 46 beneficed men not preachers , to procure monthly sermons . ib. 47 absence of beneficed men to be supplied by curates that are allowed preachers . 22 48 none to be curates but allowed by the bishops . ib. 49 ministers not allowed preachers may not expound . ib. 50 strangers not admitted to preach without shewing their licence . 23 51 strangers not admitted to preach in cathedral churches without sufficient authority . ib. 52 the names of strange preachers to be noted in a book . ib 53 no publick opposition between preachers . ib. 54 the licences of preachers refusing conformity , to be void . 24 55 the form of a prayer to be used by all preachers before their sermons . ib. 56 preachers and lecturers to read divine service , and administer the sacraments twice a year at the least . 25 57 the sacraments to be refused at the hands of unpreaching ministers . 26 58 ministers reading divine service , and administring the sacraments , to wear surplices , and graduates therewithal , hoods . ib. 59 ministers to catechize every sunday . 27 60 confirmation to be performed once in three years . ib. 61 ministers to prepare children for confirmation . 28 62 ministers not to marry any persons without banns or licence . ib. 63 ministers of exempt churches , not to marry without banns or licence . 29 64 ministers solemnly to bid holy-day . ib. 65 ministers solemnly to denounce recusants and excommunicates : ib. 66 ministers to confer with recusants . 30 67 ministers to visit the sick. ib. 68 ministers not to refuse to christen or bury . 31 69 ministers not to defer christning , if the child be in danger . ib. 70 ministers to keep a register of christenings , weddings and burials . ib. 71 ministers not to preach or administer the communion in private houses . 32 72 ministers not to appoint publick or private fasts or prophesies or to exercise , but by authority . 33 73 ministers not to hold private conventicles . ib. 74 decency in apparel enjoyned to ministers . 34 75 sober conversation required in ministers . 35 76 ministers at no time to forsake their calling . ib. school-masters . 77 none to teach school without licence . 35 78 curates destrous to teach , to be licensed before others . 36 79 the duty of school-masters . ib. things appertaining to churches . 80 the great bible , and book of common prayer , to be had in every church . 36 81 a font of stone for baptism in every church 37 82 a decent communion table in every church . ib. 83 a pulpit to be provided in every church . 38 84 a chest for alms in every church ib. 85 churches to be kept in sufficient reparation . ib. 86 churches to be surveyed , and the decays certified to the high commissioners . 39 87 a terrier of glebe-lands and other possessions belongin to churches . ib. 88 churches not to be prophaned . 40 church-wardens or quest-men , and side-men or assistants . 89 the choice of churchwardens , and their accompt . 40 90 the choice of sidemen , and their joynt office with church-wardens . ib. parish clerks . 91 parish clerks to le chosen by the minister . 41 ecclesiastical courts belonging to the archbishops jurisdiction 92 none to be cited into divers courts for probate of the same will. 41 93 the rate of bona notabilia liable to the prorogative court. 43 94 none to be cited into the arches or audience , but dwellers within the archbishops diocess or peculiars . ib. 95 the restraint of double quarrels . 44 96 inhibitions not to be granted without the subscription of an advocate . ib. 97 inhibitions not to be granted until the appeal be exhibited to the iudge . 45 98 inhibitions not to be granted to factious appellants , unless they first subscribe . ib. 99 none to marry within the degrees prohibited . 46 100 none to marry under xxi years , without their parents consent . ib. 101 by whom licences to marry without banns shall be granted , and to what sort of persons . ib. 102 security to be taken at the granting of such licences , and under what conditions . 47 103 oaths to be taken for the conditions . ib. 104 an exception for those that are in widdowhood . ib. 105 no sentence for divorce to be given upon the sole confession of the parties . 48 106 no sentence for divorce to be given but in open court. ib. 107 in all sentences for divorce , bond to be taken for not marrying during each others life ib. 108 the penalty for iudges offending in the premisses . 49 ecclesiastical courts belonging to the jurisdiction of bishops and arch-deacons , and the proceedings in them . 109 notorious crimes and scandal to be certified into ecclesiastical courts by presentment . 49 110 schismaticks to be presented . ib. 111 disturbers of divine service to be presented . 50 112 not communicants at easter to be presented ib. 113 ministers may persent . ib. 114 ministers shall present recusants . 51 115 ministers and churchwardens not to be sued for presenting . ib. 116 churchwardens not bound to present oftner than twice a year . 52 117 churchwardens not to be troubled for not presenting oftner then twice a year . ib. 118 the old church-wardens to make their presentments before the new be sworn . 53 119 convenient time to be assigned for framing presentments ib. 120 none to be cited into ecclesiastical courts by process of quorum nomina . 54 121 none to be cited into several courts for one crime . ib. 122 no sentence of deprivation or deposition to be pronounced against a minister , but by the bishop . 55 123 no act to be sped but in open court. ib. 124 no court to have more than one seal . ib. 125 convenient places to be chosen for the keeping of courts . 56 126 peculiar and inferiour courts to exhibit the original copies of wills into the bishops registry . ib. judges eccleslastical and their surrogates . 127 the quality and oath of iudges . 56 128 the quality of surrogates . 57 proctors . 129 pproctors not to retain causes without the lawful assignment of the parties . 58 130 proctors not to retain causes without the counsel of an advocate . ib. 131 proctors not to conclude in any cause without the knowledge of an advocate . 59 132 proctors pohibited the oath , in animam domini sui ib. 133 proctors not to be clamorous in court. 60 registers . 134 a buses to be reformed in registers . 60 135 a certain rate of fees due to all ecclesiastical officers . 61 136 a table of the rates and fees to be set up in courts and registers . 62 137 the whole fees for shewing letters of orders , and other licences , due but once in every bishops time . ib. apparitors . 138 the number of apparitors restrained 63 authority of synods . 139 a national synod the church representative . 64 140 synods conclude as well the absent as the present . ib. 141 depravers of the synod censured . ib. finis . certaine considerations drawne from the canons of the last sinod, and other the kings ecclesiasticall and statue law ad informandum animum domini episcopi wigornensis, seu alterius cuiusuis iudicis ecclesiastici, ne temere & inconsulto prosiliant ad depriuationem ministrorum ecclesiæ: for not subscription, for the not exact vse of the order and forme of the booke of common prayer, heeretofore provided by the parishioners of any parish church, within the diocesse of worcester, or for the not precise practise of the rites, ceremonies, & ornaments of the church. 1605 approx. 177 kb of xml-encoded text transcribed from 35 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2006-02 (eebo-tcp phase 1). a17925 stc 4585 estc s120971 99856162 99856162 21688 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a17925) transcribed from: (early english books online ; image set 21688) images scanned from microfilm: (early english books, 1475-1640 ; 1373:3) certaine considerations drawne from the canons of the last sinod, and other the kings ecclesiasticall and statue law ad informandum animum domini episcopi wigornensis, seu alterius cuiusuis iudicis ecclesiastici, ne temere & inconsulto prosiliant ad depriuationem ministrorum ecclesiæ: for not subscription, for the not exact vse of the order and forme of the booke of common prayer, heeretofore provided by the parishioners of any parish church, within the diocesse of worcester, or for the not precise practise of the rites, ceremonies, & ornaments of the church. babington, gervase, 1550-1610. [16], 52 p. printed by richard schilders], [middelburg : 1605. place of publication and printer's name from stc. reproduction of the original in the henry e. huntington library and art gallery. some print faded and show-through; some leaves cropped. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england. -constitutions and canons. 1603 -early works to 1800. ecclesiastical law -great britain -early works to 1800. 2005-07 tcp assigned for keying and markup 2005-08 aptara keyed and coded from proquest page images 2005-10 robert cosgrove sampled and proofread 2005-10 robert cosgrove text and markup reviewed and edited 2006-01 pfs batch review (qc) and xml conversion certaine considerations drawne from the canons of the last sinod , and other the kings ecclesiasticall and statute law , ad informandum animum domini episcopi wigornensis , seu alterius cuiusuis iudicis ecclesiastici , ne temere & inconsulto prosiliant ad depriuationem ministrorum ecclesiae : for not subscription , for the not exact vse of the order and forme of the booke of common prayer , heeretofore provided by the parishioners of any parish church , within the diocesse of worcester , or for the not precise practise of the rites , ceremonies , & ornaments of the church . prov. 25. 2. the glory of god is to conceale a thing secret , but the kings honor is to search out a thing . esai 51. 7. hearken vnto me ye that know righteousnes , the people in whose heart is my law , feare ye not the reproch of men , neither be ye afraid of their rebukes . cod. de episcopis & cleric l. nul . li licere . nec delatoris nomen suspicionemque formident , cum ●ides atque industria corum , tam laude , quam honestate , ac pariter pretate , non careat , cum veritatem in publicas aures , lucemque deduxerint . 1605. to the right honorable lords , the lords of his maiesties most honorable privie counsell . most noble lords , may it please your good lordshippes , to be put in remembrance how the holy ghost calleth and entituleth the princes of the earth by the name of gods. by which so rare and admirable a style , so high & supereminent a title , men of your estate , cōdition & qualitie be taught , that as your names are , so should your persons be , gods by name & calling , therefore every way such maner of persons , as the most high god , the god of gods , hath commaunded you to be . that is to say ( as iob sayeth ) deliverers of the poore and fatherles , when they crie , and there is none to helpe ; eyes to the blind , & feete to the lame ; diligent in searching out things you know not ; breakers of the chawes of the lyons , and the pluckers of the pray out of their teeth . that so you being covered with iustice , as with a robe , and with a crowne , the blessing of them which are ready to perish , might come vpon you , and the distressed beeing succoured , might have cause to prayse you . and ( most honorable lords ) by so much the more have we presumed to tender vnto your lordships favorable examinatiō , these considerations , by how much the more your fame , prayse and honour may be sounded , and resounded throughout all the churches , when you shall be well pleased to become humble intercessors vnto our most gracious and christian lord and king , for a more temperate , mild , and charitable course , by the diocesans and other ordinaries , hereafter to bee held against the ministers ; vntill they shall defend their late censures , penall proceedings and sentences , for omission of rites , ceremonies , ornamentes , &c. to be in every due regard and circumstance answerable to the kings ecclesiasticall lawes and statutes . in the meane season , that more rigour and severitie of law hath of late bene vsed in some of their consistories , then was meete , these considerations with their reasons drawen from the lawes , statutes , and canons , which them selves professe and practise ( if rightly they were applied to their proceedings ) may sufficiently witnes . for by these groūds and reasons , if inquisition or information had ben made , or taken , sentences of grace and absolution , rather then of disgrace and condemnation ought ( in our iudgement ) to have ensued . if we should be demanded , what colour of law or reason they can pretend , for their forme and maner of proceedings , we might rather have cause to wonder , then be able to yeeld any reasonable aunswere to such demaund . and therefore as they be old inough , so good leave shal they have from vs , to make answere for them selves . only thus much we might be able , reasonably to defend , that a good government being lightsome , can not brooke the darksomnes of that which is evill . and on the other side , that an evill governement , being darksome , can not but flie the lightsomnes of that which is good . if the government then of the church by diocesans , & other ordinaries , had bene lightsomnes , and not rather darksomnes , it could not have come so to passe , as it hath done , that the moone , as it were abashed , and the sunne , as it were ashamed , should flye before the obscuritie of most grosse darknes : that lampes of pure oyle , and candlestickes of fine golde , standing and burning day & night in the temple , should be removed and put out : and that in steed thereof , both woodden candlestickes , and lights of bulrushes , should be brought in , and set vp . nay , if we had not seene it with our eyes , & heard it with our eares , it would have seemed a wonder , altogether vncredible vnto vs , that not one ( so farre as we can learne ) among 2. or 3. thousand ministers ( some whereof are notoriously knowne , to be ignorant & vnlearned , some idle and non resident , some common bibbers & taverne haunters , some dycers and gamesters ▪ some fighters and quarellers , some wanton & adulterous , some simoniacall and vsurious , some pompous and ambitious , some greedy and covetous , some swearers and swaggerers , and some prophane and voyd of all honestie of life ) should so much as once in twoo yeares , for any of these grosse impieties , bee publickly admonished , or marked with the least note of disgrace , for not conformitie to the holy lawes of god : and yet notwithstanding , that a third or fourth part of three or foure hundred painfull , discreet , learned , grave and godly ministers , within lesse then sixe monethes , should be suspended , deprived , or deposed some from their offices , and some from their benefices ; not for commission of the least of the grossest of these sinnes , but only for omission of the least of the commaundements and traditions of men . if wee say we had not both heard and seene , and knowne these things , wee could never have beleeved them to be true . nay if we had not heard it , and knowne it , how incredible might it be , that sundry learned and godly ministers , vowing , protesting , & offering to testifie vpon their corporall othes , that they abstayned from the vse of ceremonies , for none other cause , but onely for feare of offendinge god , wounding their owne weake consciences , & scandalizing their brethren , could not for all this , by the diocesans be accepted , but commanded away and put to silence . now alas ( most noble lords ) if such a course of iustice , and such an hand of iudgement , by your lordshippes , or other the kings iustices & officers were held in the civil governement of the common weale , what out-cryes would there be made in all the corners of the land , yea & with what swarmes of disordered and riotous persons , would the kings dominions , in short space , be oversflowen and pestered ? it is true ( my lordes ) we confesse , that non relatione criminum , sed innocentia rei purgantur . and therefore to excuse any minister wherein he may iustly be blamed , is farre from our minde and purpose . for we graunt that every one must beare his owne burthen , and that every man ought by his owne innocencie , to purge himselfe , bee other mens offences never so great , or seeme his owne , in his owne eyes , never so small . but we have therefore balanced the toleration of scandalous and vnlearned ministers , with the molestation of learned and godly ministers , to the end your lordshippes vnderstanding the number of sinnes and impieties every where daily abounding , by the multitude of the former , and the scarcitie of godlines in every place to be seene , by the pa●citie of the later , your lordshippes by your wisedomes might foresee , and by your authorities prevent that pestilent contagion of ignorance of gods revealed will , which by this preposterous sufferance , of the one , & violent progresse against the other , is ready to infect the whole church , and by consequence , to lay wast the common weale , as a pray to the popish faction . for is there not by this me●nes a way prepared and made ready for the greatest part of the people , to revolt from the gospell to poperie ? and so from their naturall and christian lord and king to a forein & antichristian pope ? for let the booke of god be once sealed vp from the people in english , as in time of poperie it was sealed vp , vnto our fathers in latine ; and let the people by example of the wicked & scandalous life of ministers be drawne along in their owne naturall corruption , who will not be ready to assist every iesuite & seminarie , whē he shal preach poperie , the very mistris and mother of all corruption & rebellion ? the wearing of a whit surplice , and the feyned making of an ayrie crosse in baptisme , how litle the popish faction , by the same wil be quieted and kept in awe , the late outragious starting out in wales , and their madd combynings in other places , may be a good caveat for your lordshippes to consider : whether their driftes bee not rather to enterprise a more publike disturbance , then to continew them selves within the listes of that obedience wherevnto they were constreyned in the raigne of our late soveraigne of blessed memorie , queene elizabeth . your lordships therefore could not but performe a most acceptable service , first vnto god , and his church : secondly vnto the king & his realme , if your lordships would be pleased to bee petitioners vnto his maiestie , that by his regale and supreame power , there might bee an healing of the former errour , and vncharitablenes of the diocesans and other ordinaries . for it can not be denied but that by their manner of proceedings , they haue sinned against god ; in this , that they have aequaled , nay rather in some things preferred their owne canons & decrees , before the commaundement of god. and therfore it cannot be but that they have herein , as much as in them lay , provoked the wrath of god against the king and his whole realme , if by the kings zeale , this their so grosse a sinne be not reformed . my lordes , we are well advised what we speake herein before your lordships , for we speake nothing but what we prove thus : whosoever for not wearing a surplice , or for not crossing in baptisme , suspendeth or depriveth a preaching minister , otherwise vnreproveable for life and doctrine , and not suspendeth , nor depriveth , but tolerateth an vnpreaching minister , scandalous in life , & ignorant of doctrine , the same person preferreth in this thing , the observation of his owne canon and decree : before the commandement of god. but some diocesans and ordinaries , for not wearing a surplice , & for not making a crosse in baptisme , do suspend and deprive preaching ministers , otherwise vnreprovable for life and doctrine , and yet doe neither suspend , nor deprive , but tolerate vnpreaching ministers , scandalous in life , and ignorant of doctrine . therefore some diocesans and ordinaries in this thing , preferre the observation of their owne canons and decrees , before the commandement of god. we could heape argument vpon argument , vnanswerable to this purpose , but we should then passe the boundes of an epistle , and become over tedious vnto your lordshippes . only therefore we most humbly beseech your lordships in the behalfe of the faithful ministers of christ , with patience to heare thus much ▪ viz. that for their dissenting in matter of ceremonie , from the diocesans , they ought no more by the diocesans to be traduced for factious sectaries , or seditious scismatickes , then the diocesans them selves ought to be traduced , for such maner persons , by their owne dissenting from the cardinals and popes of rome . for there being as litle difference betweene a sect , and a scisme , as there is betwene a besome & a broome , & there being also as smal oddes betweene faction and sedition , as betweene an edifice and a building , it followeth , the ministers dissenting from the diocesans of england , or the same diocesans dissenting from the cardinalls and popes of rome , if neither of them be seditious scismatickes , that neither of them can be factious sectaries . when paule was accused by tertullus , that he was found a pestilent fellow , and a moover of sedition among all the iewes thorough all the world ; the apostle answered that they neither found him in the temple disputing with any man , neither making vproare among the people , neither in the synagogues nor in the citie . art not thou ( saith the chief captaine , speaking to paule ) the egyptian , who before these dayes raysed a sedition , and led out into the wildernes , foure thousand men that were murtherers ? by which places it appeareth , that a seditious or factious person , by the holy scriptures , is adiudged to be such a kind of person , as who boasting himselfe , rayseth , leadeth , or draweth away much people after him , and vnto whom much people resort and obey : yea and by the civile law , not every one that omitteth some duetie commanded , but such a one as gathereth people together , or stirreth thē to make a tumult , and shall drawe him selfe and his followers , to some place of safetie to defende him selfe and them against an evident commandement , and publike discipline , only such a man , i say , by the civile lawe is to be punished , as a seditious & factious person . for these kind of mē only are properly said , seorsum ire , & partes facere . seditio then being quasi seorsum itio , and faction quasi partium factio , yea a a sect also , being sic dicta , quia fit quasi sectio , vel divisio : and a b scisme , being illicita divisio , per inobedientiam , ab vnitate ecclesiae facta , vel illicita di●cessio eorum , inter quos vnitas esse debet : it followeth , that whosoever by inobedience , or tumultuouslie goeth not a part , or maketh not a part from the vnitie of the church , but either in doing , or suffering , quietly submitteth him self to the lawes , that he can neither be factious sectarie , nor seditious scismaticke . and indeed ( my lords ) from hence is it , that the diocesans and whole clergie of england ( ever since they made a separation from the vnitie of the church of rome ) have falslie bene named , and reputed sectaries & scismatickes , as though they had without cause devided them selves from the vnitie of the true church of christ. whereas in trueth , the church of rome by hir apostasie , having cut hir selfe from the vnitie and vniversalitie of the doctrine and discipline of the true and mother church of ierusalem , is hir selfe become the most notable and prime sectarist and scismatick of all the world . and of whose schismes our diocesans , so farre as they partake with hir , can not be but guiltie . vnles then the diocesans can approve them selves , touching their vse of ceremonies and diocesan governement , to stand in vnitie with the true & new ierusalem , in these dayes repaired & departed from the old scismes and sectes of rome ; we assure our selves that they shall never bee able to prove those ministers which stand not in vnitie either of iudgement , or practise with them , but be conscionably and so lawfully divided in these things , from them , for such division , to be sectaries or scismatickes ? for it must be an vnlawful discession , by inobedience , from the vnitie of the first and mother church of ierusalem , and not a lawfull departure , vpon conscienc , efrō the vnitie of the daughter●church of england , that maketh a sect or scisme . for otherwise , ought not all other churches stande in vnitie of ceremonies and governement with the church of england ? or vnlawfully dividing them selves from the church of england , must they not become scismatickes & sectaries ? and how then are not almost all the christian and reformed churches in the world , not onely almost , but altogether scismatickes and heretickes ? for have they not divided them selves from all those rites , ceremonies and ornaments , yea & from that maner of diocesan governement , which are yet reteyned in the church of england ? my lords , i confesse that brevitie and perspicuitie are two commendable graces of the toung and of the penn ; & such as in all mens speeches and writings , are much to be affected . but yet how long or tedious soever already i have bene , i most humbly beseech your honorable lordshippes , to licence me to passe on one steppe further , especially the matter being of such importance , as the same may not well bee passed over with silence . it hath pleased sir edward cooke knight , his maixsesties attornie generall , with all candor and charitie , to confirme and satisfie by demōstrative profes , all such as were not instructed in these points following ; first , that an ecclesiastical iudge , may punish such parsons , vicars &c. as shall deprave , or not observe the booke of common prayer , by admonition , excommunication , sequestration , or deprivation , & other censures and processe , in like forme as heretofore hath beene vsed in like cases by the queenes ecclesiasticall lawes , though the act of primo eliza had never insflicted any punishment for depraving , or not observing the same . secondly , seeing the authoritie of an ecclesiasticall iudge , is to proceed , and to give sentence in ecclesiasticall causes , according to the ecclesiasticall law , that the iudges of the common law ought to give faith & credit to their sentence , and to allow it to be done according to the ecclesiasticall law , when the iudge ecclesiasticall hath given sentence in a case ecclesiasticall , vpon his proceedings , by force of that law . for ( saith he ) cuilibet in sua arte perito est credendum . now then , as these two pointes bee plainly taught and demonstrated vnto vs , so also even by the same demonstrative reasons , it is cleere , that there must be , first , a depraving , or not observing of the booke : secondly , that every sentence given by an ecclesiasticall iudge , in a case of depraving , or not observing of that booke , must be given , according to the ecclesiasticall law , and vpon his proceedings by force of that lawe in like forme , &c. from whence it followeth , that all sentences touching depravation or not observatiō of the booke , be either voyd sentences by reason of nullitie , or no good sentences by reason of iniquitie and iniustice , if by the iudges ecclesiasticall , vpon their proceedings , the same sentences have not bene given by force and according to the same lawes , in like forme as heretofore hath bene vsed in like cases by the kings . ecclesiasticall lawes ; or if the factes charged vpon the ministers , by the iudges ecclesiasticall , by the letter & intendement of the law , be no depravations , or not observations of the same booke . and therefore to the end all questions touching these two poyntes , might hereafter vtterly cease , and bee quite buried , your lordshipps could not performe a more acceptable service to the king , the church , and realme , then by an humble importuning his maiestie , to have it explaned by parliament ; both who ( by the letter and true meaning of the statute ) bee depravers or not observers of the booke , and also what lawes ecclesiasticall , may , and of right ought to be called , indeed and trueth , the kings ecclesiastical lawes . for vnlesse aswell touching these pointes , as touching the former pointes of sir edward cooks , it be throughly decided , what is the binding and assured law , how should the ministers , or others , content and satisfie themselves with an vndoubted trueth ? and that this maner of controversie about the invaliditie of sentences , of deprivation , given by ecclesiasticall iudges , is not a controversie now first moved , but that the same hath bene long since handled and discussed , is a matter yet remayning ( i doubt not ) vpon publike record . for whereas sentences were given in the tyme of king edward the sixt , for the depriving of steven gardener , from the bishoprick of wincester , bonner from the bishopricke of london : heath from the bishoprick of worcester : day from the bishopricke of chester : tunstall from the bishopricke of durham : vessay from the bishopricke of exeter : wherein many grave and learned commissioners were imployed : as the archbishop cranmer , ridlie bishop of london : goodrick bishop of elie ; sir william peeter , and sir thomas smith , the kings secretaries : sir iames hales , one of the iudges of the law : maister gosnell , maister goodrick , maister lisley , maister stamford , men notably learned in the common lawes of this realme mai. leveson , and mai. oliver , doctors of the civill law , nevertheles the same sentences , were in the tyme of queene mary , revoked and disannulled without perliament , within the space ( as myne authour sayth ) of three dayes , by vertue of other commissioners , for faultes found in the processes , viz. that the former commissioners had proceeded ex officio , without authoritie , contrary to the kings ecclesiastical law : sometimes quod iuris ordo non fuerit servatus , &c. sometimes that the interrogatories were ministred to divers persons without knowledge of the defendants , &c. sometimes that some of the witnesses were examined privately without oath : sometimes that their exceptions and appellations , were not admitted , but their persons committed to prison , pendente appellatione , &c. and therefore ( most honorable lords ) it is to be considered , if the like , or greater and more notorious defaultes and enormities , bee to bee found in any sentence of deprivation , given ex officio , by a diocesan governour at this day , whether the same sentence ought to be maintayned as good and iust , or rather whether the same ought not ( as the kings law requireth ) to bee reversed and disannulled , as evill and erroneous ? and thus i leave and commend vnto your most honorable care , circumspection , and vigilancie , the hearkening and spying out , by all the possible wayes and meanes in your highest wisedomes , you can best devise , how the good lawes , statutes & decrees of the church & realme , being duly executed , a learned , vertuous , paynfull , and godly ministerie may be nursed and suffered to grow vp . and how on the other side , an idle , ignorant , scandalous , and godles ministerie may ( as worthily it deserveth ) be cut downe , and troden vnder foote : the one by a perpetuall decree and ordinance of god , hath establishment from heaven , and therefore without sinne & offence to god can not be neglected : the other springeth from below , and is much like to an evill herbe , or weed , which if it be not speedily rooted vpp , but suffered to spread , will soone so over-spread the gardens of god , with vice and impietie , as there will scarce be any roome left , for vertue and pietie , the one by vse , and execution of the kings ecclesiasticall lawes , may easilie be cherished : the other without abuse and contempt of the same law , can not in any sort bee tolerated . it was said vnto shebna , the steward of the house of king hezekiah : what hast thou to doe here ? and what hast thou here , that thou shouldest hewe thee out a sepulchre , as he that heweth out his sepulchre , in an high place , or graveth an habitation for him selfe in a rocke ? but , oh , you most noble lordes , are not as shebna in the house of hezekiah , but you are vnto king iames , and his house , as was eliakim vnto hezekiah , and to the house of king david . as the key of the house of king david was layde vpon the shoulders of eliakim , so is the key of the house of king iames , laid vpon your shoulders . if you shall open , no man shall shut ; if you shall shut , no man shall open . would your lordshippes then bee fastened as a nayle , in a sure place , as eliakim was ? and would you desire to be the throne of the glorie of your fatbers houses , as eliakim was to his ? you must then hee clothed with the garmentes , and strengthened with the girdle of eliakim : yea and you must be fathers , to the inhabitantes of ierusalem , and of the cittie of god. yea shebna , though he were in mans iudgement so fastened , as though he should never fall , yet must his face bee covered , and he him selfe rouled and turned like a bale in a large lande . yea hee must be driven from his station , destroyed out of his dwellinge place , and bidden to departe . nay the burden that was vppon him , must bee cutt off , that the chariottes of his glorie , may bee the shame of his fathers house . these thinges , most honorable lordes , if you accomplish and bring to effect , you shall approove your selves vnto the great and mighty god , to be such little gods vnder him , as you may not bee ashamed at his glorious appearance , but may reioyce and be glad , that your worthie and divine actes , have beene aunswerable to your divine and worthie names . and thus the god of power , and maiestie , confirme , strengthen , and stablish your heartes faithfully and couragiouslie to doe the worke of god , and of his king. the corrector to the christian reader . this tempest ( good reader ) having blowne downe so many poore parsons houses , vncovered their churches , and overthrowne their pulpits , hath wakened mee to behold the harmes and to consider the danger , least staying vnder the roofe of a tottering building , i might , perhaps , bee suddenly overwhelmed with the ruines . herevpon i betoke me to examine the foundations vpon which this house so sore beaten doth stand : i found the groundworkes good and sure , even christ and his apostles with all the sacred word of god. the walles i perceyved well strengthened with buttresses of the fayrest and firmest stone , that the temple hath bene repayred within these laste times . i grew secure that howsoever the tiles did fly about our eares , yet the walles and the substance would abide : notwithstanding i looked about me still for more props , no store being superfluous in such extreeme perill , and , by gods good providence , i light vpon this worthy treatise , very learnedly written and with great judgement , whereby i receyved comfort and confirmation a fresh . in it i beheld how the vehemencie of the storme forced things cleane contrary to the current of our owne lawes ; and from hence i conceyved this tempest would be blown over anon . for can his sacred maiestie , when he shall throughly vnderstand how his statutes are abused , suffer his most loyall subjects to groane any longer vnder such heavy oppression ? it cannot bee , but together with his high court of parliament , he will at laste take order that the ambition of none shal be of greater force , then his regale decrees . i have thought good to imparte vnto thee this treasure , that thereby thou maist learne what the lawes of the lande require in this case , and maist labour by prayer and by what dutifull and lawfull meanes thou canst to obteyne remedie . farewell . certaine considerations drawne from the canons of the last synod , and other the kings ecclesiasticall & statute law , ad informandum animum domini episcopi wigor●ensis seu alterius cuiusuis iudicis ecclesiastici , ne temere , & incōsulto prosiliant ad deprivationem ministrorum ecclesiae : for not subscription , for the not exact vse of the order and forme of the book of common prayer , &c. first by the letter of the statute 25. h. 8. cap. 19. it seemeth to be a playne case , that no constitutions , canons or decrees , by what name soever they be called , ought to bee made , promulged , or put in execution within this realme , vnlesse the same be made by the whole clergie of the realme , assembled by the kings writ in their convocations . for as by these wordes ( the clergie of the realme ) inserted in the submission & petition of the clergie , the whole clergie of the realme is vnderstood , even so likewise , these wordes , ( clergie of the realme ) beeing repeated in the body of the act , can not well be taken and vnderstood , to bee meant of parte of the clergie , but of the whole body of the clergie of the realme . for otherwise the body of the act should not accord , and bee answerable to the submission . the last synod then , being ( as appeareth by the tytle of the booke of canons ) but a provinciall convocation , for the province of canterbury , consisting only of the bishop of london , president of the same convocation , and the rest of the bishops and clergie of the said province , it followeth ( the archbishop of yorke and the bishops of that province , & so the whole clergie of the realme not beeing assembled with the kings writ to this synod , that the constitutions made in this synode , have nor bene made by the whole clergie of the realme , according to the true intent and meaning of this statute , and consequently , that they ought not to have bene promulged and executed at all , especially within the province of yorke . but to let this passe , and not simply and altogether to stand vpon this poynt , being also ready , vpon better reasons , to alter our opinion , be it for the tyme admitted and graunted , that the canons , and constitutions of the last synod , according to the true meaning of the statute , were lawfully made and promulged . neverthelesse , for so much as throughout all the canons , ther is not so much as mēcion once made of any sentence of deprivation , from an ecclesiasticall benefice , for any crime whatsoever : frō hence it seemeth evident , that the synod never intended , that the peyne of deprivation should follow vpon refusall of subscription , or for the not vse of any ornaments , rites or ceremonies , required and enioyned by those canons . besides , for so much as the synode by the 36. canon , & other canons mentioning the vse of ornaments , rites and ceremonies , hath appointed and ordeyned some certeyne and speciall peynes , yea and peynes farre lesse then deprivation , for the offences aforesaid : herevpon on also it forcibly ensueth , that deprivation for those offences , by the synod , are cleerlie secluded . poenalia sunt odiosa : odia sunt b restringenda ; poenae igitur c molliendae , potius quam exasperondae . and againe● , statutum poenale non est● extendendum ad casus non expresses , sed strictè debet intelligi sicut iacet in suis terminis . and therfore it is concluded that constitutio poenalis , licet detur omnimoda similitudo , & subsit ●adem ratio , non tamen trecipit extensionem , ad non expressa , quia talis extensio fierit per hommem non habentem potestatem condendi legem . the peyne then by the synod being appointed for not subscription to be no greater peyne , then not to be suffered , to preach , to catechise , or to be a lecturer , or reader , &c. it followeth that the synode adiudged , the peyne of deprivatiō to be too great a peyne for the offence of refusall , to subscribe , ex quantitate poenae , cognoscitur quā titas delicti : qu●a poena de●et esse d commensurabilis delicto . and thefore this offence being adiudged by the peyne to bee but small , the peyne can not be extended to deprivation . quia poena non debet excedere delictum , & beneficium non est auferendum alicui etiam a papa , sine magna & manifest a caus● . nay were it so that deprivation had bene mentioned in the canon as a meete peyne , e to have bene inflicted , for the offence of refusall , yet if vpon any wordes of the canon , a doubt might have rysen , whether deprivation should follow or no , in this case , cum simus in poenalibus , verba capi debent , in potior● significatu , vt euitemus poenam . nay more if by the wo●ds of the canon , vere & propriè sumpta , it were without all controversie ; that deprivation for refusal , might be inflicted , neverthelesse this peyne by the opiniō of baldus for this offence in som case , is not to be inflicted : statuta poenalia semper intelliguntur ( saith he ) habere inse clausulam . si delicta dolo committantur . if refusall thē should be made vpon conscience , and consequently , not per dolum : the peyne ceaseth , as a peyne by cōmon right , not comprised within the canon ; yea & in this case , the peyne ceaseth though the cōscience be erron●ous , contra legem conscientiae , non est obediendum superiori , etium g papae : duplex enim est lex . quaedam priuata seu conscientiae , quaedā publica : priuata est potentior publica : hinc dicimus quod quae spiritu dei aguntur , non sunt sub lege k publica . and therefore conscientia quanquam erronea , & scrupulosa sequenda est , si non potest de iure informari , & veniens contr● conscientiam suam , etiam scrupulosam , aedific at ad gehennam , ●d est , committit peccatum mortale , quod punietur paena gehennae : id est ignis aeterni . and another he saith , quod nemo debet grauare conscient●am suam , sed salutem animae suae , praeferre cuicunque officio . and an other concludeth , propter scandalum vitandum potest de iure omitti obedientia , quod quidem procedit , vt non solum supersedendum sit obedientiae superioris , ad scandalum vitandum , cum ipse quod iniquum est praeceper●t , sed etiam cum aliquid iust um praeceperit . yea and master doctor bilson , though not in iudiciali , yet in foro conscientiae , holdeth and teacheth in effect the very same in these words : we ( saith he ) grant , he that woundeth a weake conscience , sinneth against christ : wee may not for things indifferent , trouble the weake mindes of our brethren . nay by thomas archbishop of canterbury , edward archbishop of yorke , & all other the bishops , prelats and archdeacons of the realme , it was concluded and agreed in maner , forme and effect following , viz. one rule or canon is necessary to be considered , concerning the obedience which is required vnto the rules & canōs ordeyned by the priests and bishops . for as much as that parte of the iurisdiction of priestes & bishops which consisteth only in outward ceremonies , and such things as be themselves but meane and indifferent , surely there is no other obedience required in the same , but that men may lawfully omit , or doe otherwise then is prescribed by the said lawes , & commandements of the priests and bishops ; so that they do it not in contempt or despite of the said power and iurisdiction . but have some good and reasonable cause so to doe , and offend not , nor slaunder not their neighbours in their doing . for in these pointes , christian men must studie to preserve that libertie wherevnto they bee called and brought by christes bloud and his doctrine . that is to say : although men ought to repute and thinke that the observation of holydayes , fastingdayes and other constitutions , be expedient and necessarie for such endes and intentes as they be made for . and though men ought to repute and thinke that all the said ends and intentes be very good , expedient & necessarie , aswell for a common order , &c. yet surely men may not esteeme them but as thinges indifferent , & of no such necessitie , but that men may vpon causes reasonable , well omit & leave the same vndone , so that it be not in case of contempt and sclander . this rule and canon men must diligently learne . yea : but did ma. bilson speake that in the person of the magistrate , or in the person of a brother ? as for the rule and canon mentioned by the said archbishops of canterburie and yorke , and other bishops and prelates , it is to be vnderstood of such ceremonies & ordinances , as the priests and bishops prescribe vnto the people , and not of politicke constitutions of the church , given or confirmed by the magistrate . well : but if a christian magistrate ( notwithstanding the dignitie of his person ) be a christian brother , would not my lord of w : ( if he were demanded ) answere , that a christian magistrates sword , is committed vnto him rather for quieting , then for troubling : for healing , then for wounding of the weake consciences of his christian subiects ? for in that , that princes and subiects , meeting in the communion of saints , be therein brethren , how should the person of a christian magistrate ( though in excellencie h● f●rr surmount the persons of all his subiects , ) alter the nature of a christian trueth , in a christian communitie ? and if it be a trueth in christian communitie , that christian brethren , ought not to trouble the weake mindes of their christian brethren , in things indifferent , doeth not a christian magistrate sinne , if he obey not this trueth ? but to let this passe : where you demand , whether m. bilson speake in the person of a magistrate , or in the person of a brother : i referre it to the iudgment of all men , whether in that place of his booke , his wordes immediatly going before , and following after , doe not as directly touch the magistrates office , as by any possible meanes they may . for he in that place mainteyning the magistrats authorite , touching his lawfull requiring of an oth vnto the supremacie , both for coacting and correcting such , as deny the lawfulnes of the same : and for this purpose having cited the desperatenes of the donatists , who slew themselves , rather then they would be forced to forgoe their fancies , in the end saith thus : how beit we grant that he w th woundeth a weak cōscience , sinneth against christ . whervpon also againe follow these words , a litle after ; we may not for things indifferent , trouble the weake mindes of our brethren . a christian magistrate then , ( for of a christian magistrate he speaketh ) sinneth against christ , if he trouble the weake mindes of his christian brethren , or wound their weake consciences for things indifferent . and so this reply might suffice also , vnto that exception made touching the rule and canon of the archbishops and bishops , before rehearsed , had not them selves in expresse termes , more fully cleared this point . for they make no maner difference or distinction , betwene the preceptes and ordinances of priestes and bishops , rightfully made by authoritie of their iurisdiction , whether they be confirmed , or not cōfirmed , by the people , or christian magistrate : but they affirme directly the same precepts and ordinances being once receyved by the common consent of the people , and authorised by the lawes of christian princes , that no other obedience is required to them , but that men may lawfully omitt , or doe otherwise , then as is prescribed by the said lawes and commandements , of the priests and bishops , so that they doe it not in contempt or despite of the said power and iurisdiction . yea moreover ( say they ) although men ought to repute & think , that all the said ends and intents , be also very good , expedient & necessary , aswell for a common order and tranquilitie , to be had among the people , as also for the better instruction & inducement of the people , vnto the observation of these things , wherein consisteth indeed that spirituall iustice , & that spirituall honor and service , which god requireth of vs ; yet surely men may not esteeme them , bus as things indifferent ; and of no such necessitie , but that men may vpon causes reasonable , well omit and leave the same vndone , so that it be not in case of contempt & sclander . and vnto these cases , ( especially at this time , above all times ) speciall regard is to be had , even by the provinciall or ecclesiasticall law it selfe ; for seeing in every diocesse , there be not a few of the principall pastours ( alleadging the holy scriptures , for the ground of their vpright consciences ) that refuse not vpon will , but vpon conscience ; not vpon contempt or despite of the power of bishops , but vpon reasonable cause , and without offence or slandering of their neighbours , to subscribe and vse the ceremonies , it is plaine by the same ecclesiastical law , that they ought to be respected and tolerated : propter multitudinem , vtique seuerit●ti detrahitur : supersedendum ergo correctioni , vbi pacis perturbatio timetur . item vt scandalum vitetur , lustos homines , aliquando simulare oportet , ob suam & aliorum salutem , vt scilicet grauiora vitentur . hoc ergo casu faciet quilibet praelatus , pro salute hominum , quod iustè potest ; nec vltra existimet , se habere , quod faciat , ne ad instar imperiti medici , vno collirio , omnium oculos curare conetur . and vnto this also agreeth , that which is alleadged by panormitane , in a case of the substraction of the fruits of an ecclesiasticall benefice , from a clarke , who by reason of sicknes and infirmitie , is vnable to discharge his cure . quilibet clericus : ( saith he ) dicitur miles dei , & militat in ecclesia : and therefore he concludeth that clerici non debent terreri , nec inhumaniter tractari , ne cum alij , exemple hui●smodi essent deterriti , inueniri forte non posset , qui vellet clericatui inseruire , & ecclesiae militare : hoc enim videtur turbare statum ecclesiasticum , nedum praesentem sed etiam suturum : and further ( saith he ) potest adduei haec ratio multum notabilis in argumentum , quod clericus , non debet priuari beneficio suo , sinc causa , etiam per romanum pontificem , nam existente infirmitate , & sic impotentia seruiendi , cum non subtrahi debeat beneficiam , ne ex hoc turbetur status ecclesiae , ergo multo fortius , vbi nulla subest causa rationabilis : but in the case of refusing to subscribe , or for the not vsing the rites , ceremonies and ornaments , for conscience , there is no reasonable cause of deprivation , therefore , &c. furthermore if the canon had decreed , that a minister refusing to subscribe , should bee punished by ecclesiasticall censure , in this case the peyne of deprivation , ought not to be inflicted , because by this clause ( ecclesiasticall censure ) is vnderstood interdiction , suspention a●d excommunication , which bee poenae multum fauorabiles , & in animarum remedium inductae ; and doeth not comprehend deposition , deprivation , or degradation , quia illae poenae sunt multum odiosae . lastly , were it so that the synod had indeed decreed , that a minister for refusall to subscribe , should be deprived from his ecclesiastical benefice : & were it so likewise , that a minister should indeed refuse , not vpon conscience , but vpon a selfe will , & dolo m●lo to subscribe , in this case i answere , that the minister can not lawfully for this offence , by this provinciall canon be deprived : the reason is this : beneficia ecclesiastica secundū antiquam ordinationem sunt perpetus , & habent fundationem ● lure communi , which ancient ordinances , being agreeable to the common law of the realme , & confirmed by the high court of parliament , can never be disanulled by the synode : quia non potest inferior disponere , nec contra ius commune , nec contra legem superioris , maximè in praeindicium tertij . considerations for the not exact and precise vse , of the booke of common prayer , attayned and gotten by the parishioners of m. for the minister to vse in the same parish church . it is provided and enacted , that the bookes concerning the said services , shal at the costs & charges of the parishioners of every parish , be attayned and gotten , &c. and that such parishes , where the saide bookes shal be attayned and gotten , &c. shall within three w●ckes , after the bookes so attayned and gotten , vse the said service , and put the same in vre according to this act : from whence it seemeth to follow , ( the minister not being commanded to attayne & get the said booke ) if the parishioners have not hitherto attayned and gotten the said booke , that the minister of the same parish , is not boūd to vse the said service , & put the same in vre , which is not attayned & gotten for him , to be vsed & invred . that the parishioners of the said parish church , have not hitherto attay ned & gottē the said book , semeth to be manifest vpō these cōsiderations : the booke which the minister of the same church is bound to vse , should differ from the booke of common prayer , authorised by act of parliament , 5. and 6. ed. 6. but in foure poyntes , that is to say : one of alteration , or addition of certeine lessons , to be vsed on every sunday in the yeare , an alteration & correctiō of the forme of the letany , and two sentences only added , in the delivery of the sacrament , to the cōmunicants , and none other , or otherwise . but in the booke attayned and gotten by the said parishioners , ther● be moe alterations , then are specified in the statute ; the forme of the letany is not corrected and altered , and moreover there is some detraction from the very matter of the booke , which detraction ought not to have bene made , and which is conteyned in this prayer following : from the tyrannie of the bishop of rome , and all his detestable enormities , good lord deliver vs. and as touching the forme of the letanie of k. edw. booke , whereas the same by the letter of the act , seemeth by the parliament , to have ben altered & corrected ( for the words stand thus , viz. altered & corrected , & not to be altered & corrected ) yet now so it is , that the same forme remaineth stil in the parish book vnaltered , & vncorrected . for the whole forme , order , and dispositiō of prayers , which is in the letanie of the parish book is the same forme , order & disposition of prayers which was in the letany of k. ed. book , except vnhappely we shall say , that the transposition and alteration of the prayer of chrysostom ( by the booke of k. edw. according to the nature of the letter of that prayer appointed to be read , last of all the prayers in the letanie ) is an alteration and correction of the forme of the letanie , when as notwithstanding the transposition and alteration of that prayer by the parish booke , appointed not to bee read last , but before sundrie other prayers , is rather a playne corruption , and not a correction , of that parte of the forme of the letanie : for this transposition is as if an husband-man , should set his cart before his horse ; or as an orator should place his cōclusion before his proheme . again it can not probably or reasonably be gathered , that the parliament mentioning an alteration & correction made of the forme of the letany , did intēd by the words ( forme of the letany altered & corrected ) that part of the matter of the letany was or should be altered & corrected . for the matter of that prayer was good , and without fault , & needed no alteration and correction at all , yea and had the parliamēt detracted or intended , that that prayer should be detracted out of the letany , and that by the detraction thereof , the forme of the letanie had ben altered and corrected , then would no doubt the parliament have spoken properly and plainly in this case , like as the same did in the other two cases , in this or the like maner , viz. one prayer against the tyrannie of the bishop of rome , and all his detestable enormities , detracted : in like sorte , i say , as it enacted , one alteration or addition of certeyne lessons to bee vsed on every sunday in the yeare , and two sentences only added in the delivery of the sacraments to the communicants : wherefore the parliament , in the excellencie of their iudgement & sharpnes of their wisdom , by th●se wordes ( forme altered and corrected ) necessarily implying , that the forme of the letany of king edwards booke , was faulty and corrupt , it can not by any reasonable construction bee gathered , that the parliament by forme of the letanie , did intend any part of the matter of the letanie , which was good and sincere . for if we speake properly , and not tropically , plainly , and not obscurely ; iudiciously , and not ridiculously ; ( as all statutes and all wise law-makers speak or ought to speak ) we can not say , that any parte of the matter of a thing , is the forme of a thing . for what a vanitie were it to call the matter of a loafe , the forme of a loase ? the matter of an house , the forme of an house ? or the matter of a man , the forme of a man ? much more vainly then needs must w● speake , if we call the matter of a mast of a ship , the forme of a ship ; the matter of the clapper of a bell , the forme of a bell ; or the matter of the whit of an egge , the forme of an egge . wherefore it can not otherwise be intended by the parliament , but that the faulty and corrupt forme , order , and disposition of prayers conteyned in the letany of king edwards booke , was , or at leastwise , should have bene corrected and altered into an holy & sincere forme , order , and disposition of prayers , and not to have continued still faulty and corrupted , as the same was in the beginning and first originall thereof . yea and that this indeed was the true meaninge of the parliament , is more fully confirmed vnto vs out of the doctrine of one of the homilies , commaunded publikely to bee read in the churches : for cōmon prayer ( saith the homilie ) is rehearsed and said by the publicke minister , in the name of the people & the whole multitude present , whervnto they giving their ready audience , should assent and say amen . but in the letany of the bo●ke attayned and gotten by the parishioners , the forme of prayers is not framed after this maner . for in some part of the letany the minister only repeateth some thing , for the which the people praye , and so it commeth to passe , that the people only praye , and not the minister : yea and so the minister supplieth the place of the people , and the people the place of the minister . agayne in some other partes of the letany , the minister prayeth for one thing , and the people following , pray for another ; by meanes whereof , the faultie and corrupt forme , order and disposition of prayers in the letany , disagreeable to the doctrine of the homilie , remayneth vnaltered and vncorrected , contrarie to the act of parliament and doctrine of the church of england . concerning addition and alteration specified in the act , there be divers and sundry other alterations , and some additions also , in the parish booke ; differing from the booke of king edward , in wel-nigh l. materiall poyntes . and for the vse of which pointes , if the kings iudges and iustices should as strictly and rigorously proceed , as the bb. have done , and yet doe , for the not vse of the su●plice & crosse , they might bring all the ministers of the church within danger of sixe monethes imprisonment , and of the losse of one yeares profite , of all their spirituall promotions to the king. for these words of the statute , that all and singular ministers , in any cathedrall or parish church , &c. be bound to say and vse the mattens , evensong , celebration of the lords supper , and administration of each of the sacramentes , and all their common and open prayer , in such order and forme as is mentioned in the said booke so authorized by parliament in the fifth & sixth yeeres of the raigne of king edward the sixth with one alteration , &c. and none other or otherwise : these wordes ( i say ) doe as exactly and precisely bind all ministers to vse the book of king edw. and none other or otherwise in all poyntes ( excepting the excepted ) as they binde anie ministers to vse the rites & ceremonies , mencioned in the said booke : but how can any minister vse that order of service , and none other or otherwise , which is appointed in the booke of fift and sixt edw. 6. ( excepting the excepted ) when as some other order of service ( exceptinge the excepted ) is concluded within the booke , provided by the parishioners ? and for the vse of which booke , rather then for refusall of the vs● of which booke , a minister is punishable by the statute . and to make the thing which we have in hand to be vndeniable , & without cavil : namely , that the booke provided by the parishioners , is not that booke , which is authorised by act of parliament : it is to be noted ( besides the alterations and additions specified in the statute ) that there is one great and mayne alteration , betweene the two bookes , of sundrie chapters , appointed to be read for the first lessons , at mattens , & evensong , vpon divers festivall dayes . which alteration also , it is evident , that the same was made generally , and for the most part from the better , to the worse , namely from the canonicall scriptures , to the apocriphall writings : from whole chapters , to peeces of chapters , and that as it seemeth not without fraud and collusiō to the queene & realm . the proofe of which alteration is apparantly scene by the severall kalenders , of both bookes . vnto which kalenders , for the first & second lessons , ( except the same be proper lessons ) at morning and evening prayer the minister is referred . for in a rubrick before te deum , at morning prayer , it is said : there shal be read two lessons distinctly with a loude voyce ; the first of the old testament , the second of the new , like as they be appointed by the kalender , except there be proper lessons assigned for that day . and in the order for evening prayer it is thus said : then a lesson of the old testament as is appointed likewise in the kalender , except there be proper lessons appointed for that day . and after magnificat : then a lesson of the new testament ; now these first and second lessons , whether they be proper or not proper lessons , assigned by the parish booke , that many of them doe vary from th● first and second lessons , appointed by the booke of 5. and 6. edw. 6. is plainly to be seene , not only by the kalenders of both bookes , but also by the order appointed for proper lessons : a paterne whereof at certeyne feast dayes followeth :   kalender of king edwards originall printed booke . kalender of the parishes printed booke . stevens day morning prayer . 1. lesson esa . 56 morning prayer . 1. lesson . pro. 28 evening prayer . 1 lesson . esa . 57 evening prayer . 1. lesson . eccle. 4. saint iohn . morning prayer . 1 lesson . esa . 58 morning prayer . 1 lesson . eccle. 5. evening prayer . 1 lesson . esa . 59 evening prayer . 1 lesson . eccle. 6. innocents . evening prayer . 1. lesson . esa . 60 evening prayer . 1 lesson . wisd . 1● vpon the circumcision day both bookes agree saving that king edwa. readeth the whole 10. chapter of deuter. at evening prayer , and the parish booke but part : vpon the epiphanie , the chapters at morning and evening prayer , for first and second lesson by both bookes are the same . but the genealogie of our savior christ mencioned in the third of luke , by the kings booke is appointed to be read , whereas by the kalender and one rubricke in the parish booke , the same is appointed not to be read .   king edw. kalender . the parish bookes kalender . convers . of paule . morning prayer . 1 lesson ge. 46 morning prayer . 1 lesson wisd . 5 evening prayer . 1 lesson gen. 47 evening prayer . 1 lesson wisd . 6 purification of mary . morning prayer . 1 lesson ex. 12 morning prayer . 1 lesson wisd . 9 evening prayer . 1 lesson exo. 13 evening prayer . 1 lesson wisd . 12 mathias . morn . prayer . 1 lesson num. 33 morning prayer . 1 lesson wis . 19 even . prayer . 1 lesson num 34 evening prayer . 1 lesson ecclus. 1 annunciat . of mary . morning prayer . 1 lesson jos . 21 morning prayer . 1 lesson ecclus. 2 evening prayer . 1 lesson jos . 22 evening prayer . 1 lesson ecclus. 3 vpon monday and tewsday in easter weeke , vpon the ascension day and whitsunday king edwa. booke appointeth , no proper chapters , for the first lessons , but only proper chapters for the second lessons : and so referreth the minister for the first lessons on those dayes , to the chapters which by the common kalender are appointed to bee read vpon those dayes . whereas the parish booke appointed proper chapters aswell for the first as second lessons vpon all those dayes . vpon monday and tewsday in whitsunday weeke by the k. book , there be no proper chap. appointed for the first or secōd lesson at morning or evening prayer : whereas the parish book appointed vpon monday part of gene. 11. at morning prayer for the first lesson ; and for the second lesson 1 corint . 12. and for the first lesson at evening prayer , of the same day , parte of the 11. of numbers . vpon tewsday in the same weeke , for the 1. lesson at morning prayer part of the 19. 1. kings , and for the first lesson at evening prayer deut. 30.   king edwa. kalender . the parish bookes kalender . marke . morn . prayer . 1 lesson 2. k. 3 morn . prayer . 1 lesson ecclus. 4 evening prayer . 1 lesson 2. k. 4 evening prayer . 1 lesson ecclus. 5 philip and iacob . morn . prayer . 1 lesson 2. k. 15 morn . prayer . 1 lesson ecclus . 7 evening prayer . 1 lesson 2. k. 16 evening prayer . 1 lesson ecclus . 9 barnabe . morn . prayer . 1 lesson hest . 3 morn . prayer . 1 lesson ecclus . 10 evening prayer . 1 lesson hest . 4 evening prayer . 1 lesson ecclus . 12   king edw. kalender the parish bookes kalender . peter . morn . prayer . 1 lesson iob. 31 morning prayer . 1 lesson ecclu. 15 evening prayer . 1 lesson job . 32 evening prayer . 1 lesson ecclu. 19 iames. morn . prayer . 1 lesson eccl . 10 morning prayer . 1 lesson ecclu. 21 evening prayer . 1 lesson eccle . 11 evening prayer . 1 lesson ecclu. 23 bartholomew . morn . prayer . 1 lesson ezek . 3 morn . prayer . 1 lesson ecclu. 25 evening prayer . 1 lesson ezek . 6 evening prayer . 1 lesson ecclu. 29 matthew . morn . prayer . 1 lesson micha . 7 morning prayer . 1 lesson ecclu. 35 evening prayer . 1 lesson nahu . 1 evening prayer . 1 lesson ecclu. 38 michael . morn prayer . 1 lesson zecha . 7 morning prayer . 1 lesson ecclu. 39 evening prayer . 1 lesson zecha . 8 evening prayer . 1 lesson ecclu. 44 luke . morn . prayer . 1 lesson iudu . 13 morning prayer . 1 lesson ecclu. 51 evening prayer . 1 lesson jud. 14 evening prayer . 1 lesson iob. 1 simon and iude. morn prayer . 1 lesson sapi. 17 morn . prayer . 1 lesson iob. 24. 25 evening prayer . 1 lesson sapi. 18 evening prayer . 1 lesson job . 42 all saints . morni . prayer . 1 lesson wisd . 3 morn . prayer . 1 lesson part of wis . 3 evening prayer . 1 lesson wisd . 5 even . prayer . 1 lesson part of wis . 5 andrew . morni . prayer . 1 lesson esai . 5 morning prayer . 1 lesson pro. 20 evening prayer . 1 lesson esai . 6 evening prayer . 1 lesson pro. 21 thomas . morn . prayer . 1 lesson esa . 48 morning prayer . 1 lesson pro. 23 evening prayer . 1 lesson esa . 49 evening prayer . 1 lesson pro. 24 vnto these alterations there is one maine difference to be added and fitt in this place to be observed , cōcerning certaine dayes , wherein proper lessons are to bee read . for by the booke of king edw. it is said proper psalmes & lessons for divers feasts and dayes , but by the parish booke , the title is after an other maner . viz. lessons proper for holy dayes . from whence it followeth that all those dayes wherein proper lessons are to be read , are by that title accompted to be holy dayes : which is repugnant to a rubricke of the same booke , entituled : these to bee observed for holy dayes , and none other . out of which rubrick ( amongst a number of holy dayes there specified ) six dayes be secluded from being holy dayes ; for the which six dayes notwithstāding , proper lessons are appointed to be read , as vpon holy dayes : and these six dayes be the dayes following : viz. the day of the cōversion of paule , barnabes day , wensday and thursday before easter , goodfriday , and easter even . it seemeth therefore not to be so safe a matter , as men are borne in hand it is , for ministers absolutely to subscribe , that there is nothing in the whole booke of common prayer , repugnant to the holy worde of god , seeing there is so grosse and palpable a repugnancie in the booke it selfe . consentiet null● , qui secum dissidet ipse . vnto which repugnancie also may be added an other repugnancy more absurd . for besides the alterations and additions before specified , and not comprised in the statute , there is a rubrick added , which not only repugneth the booke of k. edward , but also crosseth the kalender , aswell of the parish booke it selfe , as of the booke of k. edward . by which rubrick also there is a detraction from the booke of k. edward , worse then the former of the letany . because this rubrick appointeth onely part of the first chapter of saint matthew , and part of the third chapter of saint luke to be read , whensoever by the kalender or booke , those chapters come to be read . whereas the kalender of both bookes appointeth the whole first chapter of saint matthew , & the whole third chapter of saint luke to be read vpon divers dayes in the yeare . as for example , both bookes on the first sunday after the nativitie , appoint the whole first chapter of saint matthew to be read for the gospell . which whole chapter also is appointed by the kalenders of both bookes , to be read for the second lesson of morning prayer on the second day of lanuary , the third of may , and the 31. of august . the like is to be observed by the kalenders , for the reading of the whole third chapter of saint luke , for the second lesson at morning prayer , vpon the 21. of february , the 19. of iune , and the 17. of october . but these chapters are no part of the booke of cōmon prayer , and by the preface before the second part of the homilies , a minister may for some chapters of the old testament , read some chapters of the new , as to him shall seeme to tend more to edification . by your leave , this your exception seemeth to be but an homelie , & frivoulous exception : for though the chapters bee no part of the booke of common prayer , yet be the chapters part of the matter of the common service of the church prescribed by the booke : yea and the formall and orderly reading of such and such chapters , at such & such times , is part also of the order and forme of saying the same service . insomuch as neither mattens nor evensong , in matter & forme can be song or said , without the chapters be read . and as for the preface to the homilies , that by the same the minister is at libertie to leaue some chapters of the old , for some chapters of the new testament , for first or second lesson , what doeth that helpe the falsification of the parish booke , when the same , in place of six and twentie , or thereabouts , of canonical , hath appointed so many of apocriphall chapters , vpon feast dayes to bee read ? or how can the preface exempt a minister from being punishable before the kinges iustices , if he shall follow some private preface , and breake the kings publike edict ? but both bookes agree in many pointes , and namely that the minister in baptisme shall make a crosse vpon the childes forehead , & shall say : we signe thee with the signe of the crosse , &c. and therefore how soever the bookes may differ in some moe pointes then are mentioned in the statute , yet cleane to disavow the book of common prayer provided by the parishioners , not to bee the booke of common prayer , which the ministers in their dayly minist●atiō are bound to vse , is but a cavill , and reproveth the whole state of prelacie and of the realme , who have received and vsed the same booke , ever since the first yeare of our late queenes raigne . king henrie the eight , writing to the emperour against the pope , telleth him , that a free man ignorant of his freedome , doth not therefore become a bondman , because ignorantly he submitteth him selfe to servitude ; no more ( say we ) is the state of the realme , lyable to reproofe , when having committed the ordering of these affayres to the fidelitie and circumspection of the clergie , it hath bene abused by the clergie . howsoever the state then of the realme have received and vsed the booke , attayned and gotten by the parishioners , it mattereth not to the point in question . for if the clergie vnwitting to the state , have caused or suffered a booke to bee printed and published , which hath but the shew of a booke , then ( as it seemeth ) hath the clergie no law , but the shewe of a law to enforce the vse of such a booke , as the state hath not authorized . and therefore we may not for clearing the clergies iust reproofe , confesse an vntrueth , and still conceale a kinde of iniustice ( vnwitting to the state ) executed by the cleargie , vnder a colour of iustice , as if their iniustice by colour of errour , were maintainable by the state : for so contrarie to all reason and good duetie , ( which we owe to the state and to the church ) we should not only interlace the innocencie of the state , with the guiltines of the cleargie , but also mingle the churches industrie , with the clergies ill husbandrie . it is therefore no cavill , to oppose a iust and true answere , to an vntrue and vnsound plea : for albeit the two bookes agree in many pointes , and specially in mencioning the making of a crosse , &c. nevertheles the parish booke , can not therefore any more truely be counted , that booke which is authorised by act of parliament , then can that coyne bee reckoned to be the kings coyne , which hath in it , nine partes silver , and the tenth part copper , nether is it any more lawfull for an ordinary , to presse the vse of a booke , in it selfe corrupted , though in many points it agree with the originall ; then it is sufferable for the kings iustices , to enforce the vse of a coyne in it selfe counterfeite , though in forme and charactere , it be like the kings image and superscription . wherefore the mencion made in the parish booke of making of a crosse , &c. not being a matter of power sufficient to warrant the parish booke ; but the booke authorised by act of parliament , being a matter of power to warrant the making of a crosse , &c. wee may iustly avow the booke of common prayer , attayned and gotten by the parishioners , not to bee that booke , which the ministers in their day he ministration of divine service , be bound to vse , notwithstanding the making of a crosse and signing the child in the forehead with a crosse , be therein mencioned : if reply bee made that this plea would but litle ease or advantage the ministers in case the right booke should be reviewed , corrected and new printed , we then reioyne and averre . first , that the day is past long since , before which time this worke should have bene refined , and that therefore it is now too late , without a new law , to reviewe and amend the same . secondly , that this plea will not only , but litle ease and advantage the nullities , iniquities and iniustices of sentences heretofore passed , by the ordinaries vnder colour of that booke , but also much advantage the king and his state , if his maiestie might bee pleased to do as king ioash , king of iudah , or as k. henry the eighth , king of england did : king ioash , in , or about the beginning of his raigne ( as it seemeth ) having appointed the priestes to take all the silver of dedicate thinges brought to the house of the lord , and therwith to repaire the broken places of the house , wheresoever any decay was found , and the priests vntill the three and twentith yeare of his raigne , not having mended , that which was decayed , nor repayred the ruines of the temple , the king ( i say ) because of the priests negligence , commanded the priests to receive no more money , and tooke from them the ordering of the money , and committed the same to his secretary , and to ieho●ada the high priest , who gaue the money made ready , into the hands of them that vndertooke the worke , and that had the oversight of the house of the lorde , of whom there was no reckoning taken , because they dealt faithfully . if the priestes then of our age , have not only not within three and twentie , but not within three and fortie yeares published that booke , which is mended and corrected by the queene & her state , in the first yeare of her raigne ; but also for the space of eight and fortie yeares , have suffered a corrupted booke , to be intruded into the place of a true booke , we commend it to the wisedome of our soveraigne lord king iames , ( who is as an angell of god to discerne betweene things that differ ) ( there being no high priest in our dayes like faithfull as was iehoiada the high priest in the dayes of king ioash ) whether his maiestie might not be pleased for the redresse of this and other corruptions in the ecclesiasticall state , to appoint as king henry the eighth did , an other cromwell , to be his maiesties vicegerent and vicare generall over the clergie . vnto these differences and alterations betwene the two bookes , not mencioned in the statute may be annexed , both an addition of certaine new prayers , and some alteration also of the forme of the old prayers to be said after the end of the letanie . by addition in the parish booke , there be set three severall prayers , not any one of them mencioned in the kings booke , viz. a prayer for our bishops & curates , beginning thus : almightie and everlasting god , which only workest great marveilles , send downe vpon our bishops and curats , &c. secondly , a prayer out of the 2. of corint . 13. 13. viz. the grace of our lord jesus christ , &c. and thirdly , a prayer beginning thus : o god whose nature and propertie is ever to have mercie , &c. and whereas by the forme of king edwards booke , the letanie should ever end with this collect following : viz. almightie god , which hast given vs grace at this time with one accord , &c. and so this collect should be after the prayers for rayne , for faire weather , in the time of dearth , in the time of warre , and in the time of any common plague , or sicknes , as the time requireth . this collect ( i say ) by king edw. booke appointed to be said after all these prayers , is by the parish booke set before all these . yea and it is to be said also , before the prayer beginning : o god whose nature & propertie is ever to have mercy . by meanes wherof the very forme and order of some prayers , appointed in the kings booke , and by the statute commaunded to be vsed , and none other , or otherwise is so transposed , and inverted , as that the minister observing the parish booke , can not but breake the order and forme of common prayer , commanded to be vsed , and so can not but cast his body , & one whole yeares fruites of his benefice , vpon the kings iudges , and iustices mercy . moreover , besides these additions and alterations , in the end of the letany of king edw. booke , there is one prayer inserted , which by the parish booke is wholy left out , namely : o god mercifull father , which in the time of heliseus , &c. lastly , at the latter end of the communion , in the kings book there is one rubrick concerning kneeling at the communion , which rubrick is not in the parish booke , & the same beginneth thus : although no order , &c. there is also one rubrick among those rubricks which are in the parish booke not to be found in the kinges booke , beginning thus : and in cathedrall or collegiat churches , &c. wherefore the parish booke , in so many and materiall poyntes , being thus grosly corrupted , and no one true original copie provided by the parishioners for the ministers to vse , it seemeth to be a very lamentable and wofull case ; that subscription to a feyned record should bee thus streightly vrged . and that so many learned , peynfull and godly ministers for refusing to subscribe , or precisely to vse an vnauthenticall scedule , should be grieved and molested . by what guyle , or by whose cunning so foule a stratageme , to the deluding of the queene , the lords , and commons in parliament assombled , was first wrought , we know not . neither have we any reason to charge any of the clergie now living , with so foule and grosse an abuse . because there is not one of the clergie , to our knowledge , living , that in the beginning of our late queenes raigne , had ought to medle in church-government , or survey of printing bookes . but this we may speake , and not speake ( as we thinke ) vntruly that some one guilfull priest , or other , vnwitting to the queene and state , yea and it may be vnwitting to the clergie too , was suffered to shoufle , and to set the cardes with the sleight of a false finger . for otherwise , it could not possibly have come to passe , that so many chapters of the apocryphall writings , should be conveyed into the parish booke , in steed of so many chapters of the true and authenticall scriptures , appointed by k. edw. booke ; especially the same chapters , in the parish booke , ( as it were of set purpose ) being ordered to be read , when all the people are solemnly assembled , togither vpon festivall dayes . wherefore these differences betweene these bookes being apparantlie true , and the statute having decreed , that the minister shal be bound to say , and vse the mattens , evensong , &c. in such order and forme , as is mencioned in the same booke of king edward , with such alterations and additions , as be mentioned in the act , & none other , or otherwise , and the parishioners not having atteyned and gotten the saide booke , it is a matter that worthily and necessarily requireth the consideration and resolution of the kings learned iudges and iustices : whether a minister by the letter of the statute be bound exactly and precisely to vse a booke atteyned and gotten by the parishioners , the same booke not being authorised by the letter of the statute ? and if not , then whether the minister by the letter of the statute , bee to loose and forfeite to the king , one yeares profit of all his spirituall benefices and promotions , and his body to suffer imprisonment by the space of six monethes , if he shall refuse to vse some part of a booke not authorised . for it semeth ( as yet ) to vs absurd , that a minister should bee vrged to vse such a booke , as for the vse whereof , hee hath no authoritie , or that he should be punished for refusing the vse of such a booke , as for the vse whereof , hee is by the law punishable . but be it graunted , that the very booke authorised , and none other is atteyned and gotten by the parishioners for the minister to vse ; then is it againe a matter carefully to be weighed , and for the ful contentation of the mindes of all persons to be resolved , by the iudges , what maner of fact is to be holden and adiudged by the letter of the statute , to be a breach of the statute , and for the which fact , a minister , before the kings iustices , is punishable in maner and forme expeessed in the act. for the better resolution of which question , it shall not be amisse to repeate in this place the first clause of the body of this statute . for in the clause of the repeale of the statute of queene mary , and reviving the booke of king edw. it is said ; that the laid booke shall stande and be in full force and effect , according to the tenor and effect of this statute , the tenor and effect of this statute then , is to bee noted , the wordes whereof are these : and further be it enacted by the queenes highnes , with the assent of the lords and commons in this present parliament assembled , and by authoritie of the same , that all and singular ministers in any cathedrall or parish church , &c. shall from , and after , &c. be bound to say and vse the mattens , even song , celebration of the lords supper , and administration of each of the sacramentes , and all their common and open prayer , in such order and forme , as is mentioned in the said booke so authorised by parliament , in the said fifth & sixth yeares of the raign of king edward the sixth , with one alteration or addition of certayne lessons to be vsed on every sunday in the yeare , and the forme of the letany altered and corrected , and two sentences only added , in the deliverie of the sacrament to the communicantes , and none other or otherwise . out of which clause one special poynt for the better vnderstanding of the whole tenor and effect of the statute is to be observed : namely , that the parliament hath wholy in this branch omitted , and not once mencioned the vse of any rites , or ceremonies , in saying and vsing the mattens , evensong , celebration of the lords supper , and administration of each of the sacramentes . so that vnlesse such rites and ceremonies , as be mentioned in the book of k. edw. the sixth , be respectively part of the order & forme of saying & vsing mattens , euensong , celebration of the lords supper , and administration of each of the sacramentes , &c. it can not bee denied , but that rites and ceremonies mencioned in that book , are secluded out , and not comprised within this branch ; and therefore not commanded by this branch to be vsed . the 2. branch of the body of this statute followeth in these words : and that if any maner parson , vicare , or other what soever minister , that ought or should sing or say common prayer mencioned in the said booke , or minister the sacramentes , &c. refuse to vse the said common prayers , or to minister the sacramentes , &c. as hee should vse to minister the same , in such order and forme , as they be mencioned and set forth in the said booke , or shall wilfully standing in the same , vse any other rite , ceremonie , order , forme or maner of celebrating of the lordes supper , openly or privily , or mattens , evensong , administration of the sacramentes , or other open prayers , then is mentioned and set foorth in the said booke , &c. or shall preach , declare , or speake any thing in the derogation or depraving of the said booke , &c. & shal be therof lawfully convicted , according to the lawes of this realme , &c. shall loose and forfeite to the queenes highnes , &c. for his first offence , the profite of all his spirituall benefices and promotions , comming and arising in one whole yeare next after his conviction . and also , that the parson so convicted , shall for the same offence suffer imprisonment for the space of sixe monethes , without bayle or mainprise . now by the letter of this branch , it can not be denied , but that foure severall kindes of offences mencioned in the same , by what soever minister , they shal be committed , are every of them punishable alike , by one and the self same maner of peyne , notwithstanding the offences seeme to be of divers natures . one consisting in the refusall of the vse of common prayer ; an other in the refusall of the administration of the sacramentes , in such order and forme , as they be mencioned and set foorth in the said booke . a third vpon a wilfull and obstinate standing in the same , in vsing some other rite or ceremonie , then is mencioned and set foorth in the said booke . and a fourth in speaking against , or depraving the booke , or any part thereof . as for the which speaking against , or depraving the booke , the letter of the statute seemeth to bee so playne , as that no maner scruple can be moved , what the minde & intendement of the parliament was , about the speakers against , or depravers thereof . but touching the offence of a ministers refusing to vse the said cōmon prayers , and of his refusing to minister the sacramentes in such order and forme as they be mencioned , & set forth in the said booke , and wilfully & obstinately standing in the same , of his vsing any other rite or ceremonie , then is mencioned , &c. these queres following , reallie and properly arise from the letter of the foresaide two former branches . for seeing there is no mention at all made of rites and ceremonies , in the former branch , and seeing also there is no punishment by the second branch , mencioned to be inflicted vpon a minister for the refusall of the vse of rites and ceremonies , but onely vpon a wilfull and obstinate standing in the same , for the vse of other rites and ceremonies , then are mentioned and set foorth in the saide booke , it seemeth doubtfull and questionable . first quaere . whether a minister conscionably refusing to vse some of the rites and ceremonies mencioned and set forth in the saide booke , be punishable before the kings iustices , in maner and forme before expressed , vnles wilfully & obstinately standing in the same , hee shall vse any other rite or ceremonie , then is mencioned , &c. second quaere . if a minister that is bound to minister the sacrament of batisme , doe not refuse to minister the same sacrament , in such order and forme as is mencioned & set forth in the said booke , but shall in very deed and trueth minister the same sacrament in such order and forme , as is mencioned and set foorth in the said booke ; whether the same minister bee punishable before the kings iustices in maner and forme before expressed , for not making a crosse , or not signing the childe in the forehead with a crosse , after the sacrament of baptisme is fully and perfectly ministred ? for so this sacrament bee ministred in such order and forme , and with such rites and ceremonies preceeding baptisme , as be mencioned in the said booke , and none other rite or ceremony , with wilful obstinacie be vsed in the ministration of baptisme , it seemeth cleere by the letter and sense of the statute , that the minister is not punishable , before the kings iustices , by the peyne of imprisonment , &c. for omission of the crosse after baptisme . for this fact ( of not crossing after baptisme ) not being within the letter of the statute , it is absurd to say that the same fact should be punishable by the law , when as the same fact is not within but without the compasse , scope and letter of the law . that this omission of crossing , is an omission after the ministration of baptisme , and not an omission of the order & forme mencioned to bee in the ministration of baptisme , is made cleere vnto vs , by the decree of all the lordes spirituall , and clergie , by the kings confirmation , vnder the great seale of england , & by the opinion of some great lawyers & iudges , published in open seates of iustice . for this hath ben decreed , confirmed and published that the making of a crosse , and signing the childe in the forehead with a crosse , is no parte of the sacrament of baptisme ; and that baptisme is fully and perfectlie ministred , without these rites and ceremonies . this case then of the omission of the crosse after baptisme , being most cleere by such a cloud of witnesses , that the same is not an omission of that order and forme appointed to be in the ministration of baptisme , it seemeth to be a thing most cleere , that a minister by the letter of the statute , is no more punishable before the kings iustices , for omission of the crosse after baptisme , then is any person by the letter of the statute of queene mary punishable by the kings iustices , for maliciouslie or contemptuously molesting , letting , vexing , or troubling , or by any other vnlawful wayes or meanes disquieting , or misvsing any preacher , not in , but after his sermon , preaching or collation . third quaere . whether a minister that ought or should say common prayer in any parish church , bee punishable before the kings iustices , in maner and forme before expressed , if he shall not refuse to vse all , but shall vse some of the said common prayers , in such order and forme , as they be mencioned , and set forth in the said booke ? for it is not said in this clause ; if he refuse to vse all , or any of the said prayers , but it is saide , if the minister that ought to singe or say common prayer mencioned in the same booke , refuse to vse the said common prayers , &c. if then he observe the order and forme of the booke , by saying some of the prayers , in that order and forme as they bee mencioned in the booke , though hee say not all and singuler the prayers , it seemeth by the letter of the statute that he is not punishable , before the kings iustices : indeed if the booke had appointed , but two prayers onely , as it hath appointed but two sacraments only , and the minister in this case should haue refused to say one prayer , and only have said the other prayer ; in this case it seemeth to be without all controversie , that hee should have violated the law , because the letter of the law sayth , if he shall refuse to vse the said common prayers , which word prayers being of the plurall nomber , must conteyne two prayers at the least . fourth quaere . whether a minister that ought or should vse the rites and ceremonies , mencioned in the said booke of common prayer , be punishable before the kings iustices , in maner & forme before expressed , if he shall not refuse to vse all but shall vse some of the said rites and ceremonies , in such order & forme as they be mencioned and set forth in the said booke ? for it is not enacted , that the minister shall vse all and every the said rites & ceremonies , or if he shall refuse to vse any of the saide rites and ceremonies , but it is said , or shall wilfully and obstinately standing in the same , vse any other rite , ceremonie , order , forme , or maner , &c. by which letter of the statute , it seemeth that the minister is none otherwise punishable before the kings iustices , vnlesse wilfully and obstinately standing in the same , hee shall vse some other rite , ceremonie , order , forme or maner of celebrating the lords supper , then is mencioned , &c. and vpon this clause ( as hath bene heretofore generally conceaved ) certaine inditements , exactly framed even by some iustices of assises sitting vpon the bench , against certaine ministers , for the not observation of the booke , before other of the queenes iustices haue ben traversed and avoyded , as being in this point erroneous , and not agreeable to the intendement of the statute . yea and it hath bene the opinion of some great lawyers , who have bene since iudges , that it is almost impossible to frame an indightement against a minister , for the breach of the first parte of the former clause of the statute , which is not traversable and avoydable . fift quaere . if a minister bound to say common prayer in any parish church , shall not refuse to vse , but indeed shall vse the said common prayers , in such order and forme as they bee mencioned in the said booke , whether he be punishable before the kings iustices , in maner and forme before expressed , if he refuse to say any part , chapter or section , of the said booke , which part , chapter of section conteyneth no prayer . for howsoever the whole booke be authorised , yet the peyne seemeth in this case to have bene inflicted , only for the omission of prayer , and not for the omission of every part , chapter or section of the booke . besides these questions and their reasons there bee other reasons to induce vs , to be of opinion that a minister before the kings iustices is not punishable in maner and forme , above expressed , for his refusing to vse all and every prayer , and prayers ; rite , and rites ; ceremonie , and ceremonies ; section , and sections , in such order and forme as they bee mencioned and set forth in the said booke . in the preface to the booke it is confessed , that nothing can almost so plainly be set forth , but that doubts may arise in the vse and practising of the same , and therefore for the appeasing of all such diversi●ie , and for the resolution of all doubts concerning the maner how to vnderstand , doe , and execute the things conteyned in the booke , it is provided that the parties that so doubt , or diversly take any thing , shalresort to the bishop of the diocesse , who by his discretion shall take order for the quieting and appeasing of the same , so that the same order be not contrarie to any thing , contained in the said booke . and in the two last clauses of the preface , it is said , that all priestes and deacons shall be bound to say daylie the morning & evening prayer , either privately or openly , except they be lett by preaching , studying of divinitie , or by some other vrgent cause . and that the curate that ministreth in any parish church or chappell , being at home , and not otherwise reasonably lett , shall say the same in the parish church or chappell , where hee ministreth . from which places of the preface , ( being part of the booke ) it is plainly to be gathered , that the intent and meaning of the parliament was not to have the ministers to be punished before the kings iustices , in maner and forme before expressed , for refusing to vse all , and singuler the prayers , rites , ceremonies and sections , in such order & forme as they be mencioned in the said booke , if either vpon the ministers doubts rysing in the vse and practise of these things , the bishop by his discretion did not take order for the quieting and appeasing of the same ; or if the minister by preaching the word , studying of divinitie , or by some other vrgent or reasonable cause , were let so to doe . and if no minister , in any of the cases before mēcioned , be punishable , by the kings iustices in maner and forme aboue expressed , then it is manifest by the provisoes following , that the archbishops and bishops have no power and authoritie , by vertue of this act , to inquire and punish the default of any minister , in these cases , by admonition , excommunication , sequestration , or deprivation . and this not onely by the letter of the last provisoe , ordeyned for corroboration of the archbishops , bishopps , and other ordinaries power and authoritie , but also by the provisoe next and immediately following that provisoe , is a matter most cleere and vndeniable . provided alwayes , and be it enasted , &c. that all and singular archbishops and bishops , &c. shall have full power and authoritie , by vertue of this act , aswell to inquire in their visitation , synodes , &c. to take accusations , and informations , of all and every the thinges above mentioned , done , committed or perpetrated , within the limites of their jurisdictions , &c. and to punish the same by admonition , excommunication , sequestration , or deprivation , &c. if then a minister shall not doe , commit , or perpetrate any of the things above mencioned , and so not be punishable by the kings iustices , it followeth that the same minister is not punishable by the ordinarie . and this also by the next provisoe is more playne , by which it is enacted : that what soever person offending in the premises , shall for his offence first receyne punishment of the orainarie , shall not for the same offence est soones be convicted before the lustices ; and likewise receyving for the said first offence punishment by the iustices , he shall not for the same offence est soones receyve punishment of the ordinarle : no offence then punishable before the iustices , no offence punishable by the ordinarie . from all which premises it seemeth that the queene , the lords and commons , never intended to impose such an exact and precise observation of the booke of common prayer vpon the ministers , as that in no place , nor at any tyme , they should omitt the reading , saying , or vsing of a chapter , a prayer , a section , a rite or ceremonie , vpon peyne of imprisonment , &c. before the queenes iustices , or vppon peyne of deprivation before the ordinary . and therefore the intent of the parliament , not beeing so much to binde the minister to such an exact and precise observation , as to seclude all orders and formes of prayers , ministration of sacramentes , vse of rites and ceremonies , not mentioned and set forth in the saide booke , it seemeth very vnreasonable , and much derogatorie to the authoritie of that parliament , that archbishoppes and bishoppes , who were all secluded from that parliament , should by their extentions , constructions , and interpretations ( as it were ) invert the playne meaning of the parliament , and that , ea qua sunt destinata in vnum sinem , should by them bee converted to an other end . but now if the archbishops and bishops ( at the abandoning of the popes power out of the realme ) have ( as we confesse they had ) an ordinarie iurisdiction by the statutes of the realme , reserved to their arch●episcopall and episcopall seas , shall therevpon thinke , that lawfully by their ordinary iurisdiction onely ( without regard of any authoritie graunted vnto them by the statute ) they may proceed ex officio , to punish these defaultes , then we pray their lordships to resolve vs , by what law , besides this statute , they may so proceed . first , this booke before 5. and 6. of edward the sixth , was never alive , and being once dead by the statute of queene mary , was but restored to life by the queenes statute of reviver . before this statute thē was revived , these offences were no offences , for where no lawe was , there could be no offence . besides , we have some reason to conceave thus well of the ordinaries , that they should be more prudent & discreete , then to iustifie their criminall processe ex officio , by a plenarie power , or a soveraigne pleasure . and to say , that ex officio , by vertue of the popish canon law they may lawfully proceed to suspension , excommunication , or deprivatiō of any minister of the gospell , for the not observation of the booke of common prayer , we assure our selves , that so to say , were to say amisse , yea and more then ever they will be able to proove . first , the whole forme & order of common service , administration of sacramentes , vse of rites and ceremonies , as they be mencioned and set forth in the booke of common prayer , by all the groundes & rules of that popish law , is adiudged to be erroneous , scismaticall and hereticall . and therefore the refusing to vse the same booke , or any parte thereof , is so farre from being punishable by the same law , as by the same law , it is a matter worthy of high prayse , and commendation for a minister to refuse to vse it . againe , what a vaine part were it , for an ordinarie to plead the popish canon law , for the validitie of his proceding ex officio , when as the whole body and every title , chapter and versicle of the same law , at the petition and submission of the clergie hath long since bene for ever adnulled , made voide and of no value , by an act of parliament ? in regard whereof , and in regard also , that every ordinaries processe ex officio , may be aswell iustifiable in respect of him selfe , as aequall toward the kings subiects , it much every way importeth him , that his proceedings ex officio , be tempered hereafter with better morter , and grounded vpon a surer foundation , then be the maximes & principles of that law . namely it behooveth that they bee founded and established vpon the kings , either ecclesiasticall or temporall lawes and statutes , of which sorte of the kings lawes we may bouldly and honestly say , that the popish and foraine canon law is none : which saying also of ours we briefly proove thus : the clergie of the realme , aswell for their successors , as for themselves , having ( like humble and obedient subiects to the king ) promised in verbo sacerdotij , that they would , never from thence forth , presume to attempt , alleage , claime or put in vre , or enact , promulge or execute any new canons , costitutions or ordinances , provinciall or other , &c. it was enacted by authoritie of parliament , according to the said submission and petition of the clergie , that neither they , nor any of them from thence forth should presume to attempt , alleadge , claime or put in vre any constitutions or ordinances provinciall or sinodalls , or any other canons . all canons then ( by these wordes or any other canons ) of what sort or degree soever , whether domesticall and homebread or strangbread and foraine canons , before that time made , were once vtterly forbidden to be attempted , alleadged , claimed or put in vre , by which meanes they were once , concerning their practise and execution , with vs adnulled and made void , and therefore so many of them , as at that time were not , or since that time have not bene revived and reauthorized , ought not to be attempted , alleadged , claymed or put in vre at this day . it remaineth then to be discussed , what canons , constitutions , ordinances provinciall or synodall , or what other canons , were at that time , or have at any time sithence bene recommanded , & reestablished ; vnto which point from the whole scope & plaine letter of the statute , we answere , that only such canons , constitutions and ordinances provinciall or synodall , may be attempted , alleadged , claimed and put in vre , as were made before that time , by the clergie within the realm , & were not contrariant nor repugnant to the lawes , statuts and customes of the realme , nor to the domage or hurt of the kings prerogative royall . and that therefore all canons , decrees , decretall , sextes , clementines , extravagants and all other whatsoever constitutions and ordinances , papall , being strangers and aliens from the common wealth of england , and not begotten by the clergie within the realme , are forbidden at this day to be attempted , alleadged , claimed or put in vre : the reasons of which our answere drawne from the letter of the statute , be these : the parliament having enacted , as before is mencioned , did neverthelesse ( according to an other branch of the petition of the clergie ) not only give to the king & 32. persons , by him to be nominated , &c. power and authoritie to viewe , search and examine the said constitutions and ordinances provinciall and synodall , before that time made by the clergie of this realme ; but also enacted , that such of them , as the kings highnes and the said 32. persons should deeme & adiudge worthy to be continued and kept , should be from thence forth kept , obeyed and executed within this realme ; all canons then made before that time , without the realme , being secluded by the parliament , from the view , search and examination of the king and 32. persons , though he and they had deemed and adiudged the said canons to have bene continued , kept , and obeyed : yet notwithstanding the same canons ought not to have bene kept , obeyed and executed . for only such canons , by the king and 32. persons , ought to have ben deemed & adiudged worthie to be continued & kept ; for the continuance and keeping wherof , power & authoritie by parliament was given to the king and 32. persons . but such canons , constitutions and ordinances , provinciall or sinodall only , and not papall , were committed , &c. therefore papall being once disclaymed , and disauthorised by parliament , and not againe committed by parliament , to view , search and examination , were never by intendement of parliament , to bee continewed , kept and obeyed within this realme . and this againe most pregnantly is confirmed vnto vs by the last provisoe of this act , the wordes whereof are these : provided also that such canons , constitutions , ordinances , and synodalls provinciall being already made , which be not contrariant or repugnant to the lawes , statutes and customes of the realme , nor to the domage or hurt of the kings prerogative royall , shall now still be vsed and executed as they were before the making of this act , till such time as they be viewed , searched or otherwise ordered and determined by the said 32. persons , or the more part of them , according to the tenor and effect of this act : now by what other words , then by these of this provisoe , could the parliament more fully and clearly have expressed their mind , that the same , by the tenor and effect of this provisoe intended for ever wholy to seclude all papall and foraine canons , from being vsed and executed within this realme ? for at the petition and submission of the clergie , the parliament having first enacted , that neither they , nor any of them from thencefoorth , should presume to attempt , alleadge , clayme , or put in vre any constitutions o● ordinances provincionall , or synodalles , or any other canons : and againe , at the petition and submission of the clergie , the same parliament having committed to the view , search ; examination and iudgement of the king ; and 32. persons , such canons , constitutions , and ordinances , or the said canons , constitutions , and ordinances provinciall and synodall , which as thertofore had bene made by the clergie of this realme : and lastlie by this proviso , the same parliament having enacted , that such canons provinciall , constitutions provinciall , ordinances provinciall , & synodalls provinciall ( for the word provinciall by the whole tenor and effect of this act , can not in this place but have reference to everie of these wordes ) shall still be vsed and executed , &c. till such tyme as they be viewed , searched , or otherwise ordered and determined by the said two & thirtie persons , &c. seeing these things ( i say ) be thus , first submitted , then afterwards committed , and lastly provided , and not one word , sillable , or lotter ayming at the continuance , vse , keeping , or obedience of the popish canon law , it can not bee averred by any , vnlesse he be too too conceited , & opiniative , that the canon law or any part thereof , made by the pope without the realme , may lawfully at this day be attempted , alleadged , claymed , or put in vre within the realme , by any iudge ecclesiasticall what soever : yea and thus much also is confirmed by a statute 37. h. 8. c. 17. howsoever therefore the kings of england , deryving their ecclesiasticall lawes from others , being proved , approved and allowed hereby and with a generall consent , are rightly and aptly called the kings ecclesiasticall lawes of englande in like maner as those lawes which the normans borrowed from england , were called the lawes of normandie , and as those lawes which the romans fetching from athens , being allowed and approved by that state , were called ius ciuile romanorum , howsoever i say this be true , nevertheles herevpon it will not follow that those ecclesiasticall lawes thus borrowed and derived from others , may then any more rightly and aptly be called the kings ecclesiasticall lawes of englande , when once by and with a generall consent in parliament , they have bene disproved and disallowed ; yea and when also they have bene vtterly adnulled , and commanded never to be put in execution within the realme of england : from whence it seemeth to follow , that whatsoever subiect shall take vpon him , full and plenarie power to deliver iustice in any cause to any the kinges subiects , or to punish any crime and offence within the kings dominions by vertue of those lawes , once by so absolute & high an authoritie disanulled , that the same person denyeth the parliament , to have full power to allow and disalow lawes in all causes , to all the kinges subiects , and consequently , that the high court of parliament , is not a compleat court for the whole and intyre body of the realme . wherefore , albeit we graunt ( as the trueth of the kings law is ) vnto the archbishops , bishops , & other ordinaries , that lawfully they may proceede to inquire in their visitations and synodes , and els where , to take accusations and informations of all and every thing and things above mencioned , done , committed , and perpetrated within the limites of their iurisdictions and authoritie , and to punish the same by admonition , suspension , sequestration , or deptivation , though thus much had never bene provided by the statute : nevertheles we desire to be resolved , whether any minister ought to bee punished by these , or any other censures and processe , before the ordinarie , for any offence mencioned in this act , if for the same offence the same minister , by vertue of this act , be not punishable before the kings iustices ? and therefore for example sake , put this case , viz. that a minister for the not crossing of a childe vpon the forehead ( after baptisme is fully administred ) be indighted before some of the kings iustices , and afterward vpon a traverse before some other of the kings iustices , the same minister be found to have ministred the same sacrament of baptisme , in such order and forme , as in the booke is prescribed . notwithstanding the omission of this ceremonie , after baptisme , and that vpon such a traverse , the indightment , before the said second iustices , be found to be vnsufficient in law , and the minister by the same iustices be adiudged not to be in danger of the penaltie of imprisonment , &c. because his such not crossing is no offence against the law , we demand ( we say ) in this case , whether the same minister , by the bishops of the diocesse , may be suspended , or deprived from his ministerie , or from his benefice for the same his not crossing , yea or no. considerations against the deprivation of a minister , for the not vse of a surplice in divine service . in the whole body of the statute , there is not one syllable or letter , frō the which any semblance of reason can be deduced , that any minister of the church , for refusing to vse , or for the not vsing of any ornament appointed by the statute , or by the book to bee in vse , should be punished with the peyne of deprivatiō . for what soever punishment a minister , for the breach of the statute , may sustayne , by the kings iustices , the same is only to be imposed for such offences , as are specified before the last provisoe of the statute . ornamentes therfore of the church provided to be reteyned , and to be in vse , being not cōteyned in those premises , or things mencioned before the second provisoe , concerning the archbishops and bishops authoritie , and for refusing whereof , a minister , by the premises is punishable , it followeth ( there being no punishmēt for refusing the vse of ornaments in the last provisoe ) that the not vse of ornamentes , is not punishable before the kings iustices . and if there be no punishment appointed to be inflicted before the kings iustices for the refusing to vse any ornament , thē much lesse is there any punishment to be inflicted for the refusall of the vse of a surplice . for the surplice is so farre from being commanded to be worne , as an ornament , in every service of the church , as the same is not so much as once particularly mencioned , either in the parish booke , or in the statute . nay by the generall wordes , both of the statute and the booke , the surplice is wholy secluded from being appointed to be an ornament of it selfe , in some part of the service of the church . for if with the same in some part of the service there be not a cope provided to bee worne , the surplice may not be worne . for the better manifestation whereof , it is necessary that we set downe the wordes of the statute , of the parish booke , and of the booke of the second of k. edw. the sixth : vnto which booke of king edward , for the vse of ornaments , the ministers be referred , both by the parish booke & statute of 1. eliza. c. 2. the wordes of which statute are these : provided alwayes and be it enacted , that such ornamentes of the church , and of the ministers shall be retayned and be in vse as was in the church of england , by authoritie of parliament , in the second yeare of the raigne of king edward the 6. vntill other order shal be therein taken by authoritie of the queenes matestie , with the advise of her commissioners , appointed and authorised vnder the great seale of england , for causes ecclesiasticall , or of the metropolitane of this realme . thus farre the statute : the wordes of the parish booke follow : it is to be noted , that the minister at the time of the communion and other times in his ministration shall vse such ornamentes in the church , as were in vse by authoritie of parliament , in the second yeare of king edw. the sixth , according to the act of parliament , in that case enacted and provided . the wordes of which booke of the second of king edward , are these : vpon the day and at the time appointed , for the ministration of the holy communion , the priest that shall execute the holy ministerie , shall put vpon him the vesture appointed for that ministration , that is to say , a white albe playne , with a vestiment or cope : afterward it is said thus : vpon wensdayes and fridayes the english letany shal be said or song , &c. and though there he none to communicate with the priest , yet those dayes ( after the let any ended ) the priest shall put vpon him a playne albe , or surplice , with a cope , and say all things at the altar , &c. from all which places it is plaine , first , that no minister , at any time vpon wensdayes and fridayes , after the letany ended , was bound simplie to weare a surplice at the altare , for it was in his choyse , to put vpon him a playne albe or surplice , with a cope . secondly , that no priest vpon the day and at the time appointed for the ministration of the holy communion , might put vpon him a surplice , but only a white albe playne , with a vestiment or cope . thirdly , that no minister vpon wensdayes and fridayes , when hee read the letany , did weare , or was bound to weare an albe , or surplice and cope . for it had bene in vayne and a thing ridiculouse for the booke to have willed the minister , after the letany ended , to put vpon him those ornamentes , if in the time of reading the letany , hee had had them vpon his backe . fourthly , that no minister at or in any of the times & services aforesaid , is bound to put vpō him a surplice , vnlesse therewithall he weare a cope . for the vse of ornamentes ought to be according to the act of parliament . and therefore where no cope , there by the act no surplice : where no altar to goo vnto after the letany ended , there no surplice to be put on after the letany : where a communion with a white albe plaine , & a vestiment or cope , there a cōmunion without a surplice . there is yet one other speciall observation before touched , though for an other purpose , worthy to be reiterated in this place against the vse of the surplice at the communion , reading the letany , and saying prayers at the altar . and that is this : namely for that as well the statute 1. eliza. as the parish booke hath revived and commaunded the vse of those ornamentes , according to the act of parliament , 2. edw. 6. which were repealed and forbidden by the booke of the 5. and 6. of king edward the sixth . it is to be noted , saith the booke of 5. and 6. of king edw. 6. that the minister , at the time of the communion , and all other times , in his ministration shall vse neither albe , vestiment nor cope , but being an archbishop or bishop , he shall have and weare a rochet , and being a priest or deacon , he shall have and weare a surplice only . and here it is to be noted ( sayeth the parish booke ) that the minister at the time of the communion , and at all other tymes , in his ministration , shall vse such ornamentes in the church as were in vse by authoritie of parliament in the 2. yeare of the reigne of king edw. the 6. according to the act of parliament in that case made and provided , which were as the booke of k. edw. saith , an albe with a vestiment or cope , at the communion , and an albe or surplice with a cope , vpon wensdayes and fridayes after the letany ended . but by the provinciall constitutions , ratified and confirmed by act of parliament , the parishioners are enioyned , at their costes and charges , to provide a surplice , and in vayne were this charge layde vpon them , if so be the minister were not bound by the law to weare it . it is true , and can not be denied , that all parishioners are enioyned , and that every masse-priest is bound by the provincials , the one sorte , to provide , the other to weare a surplice , for and at the celebration of the masse , and for and in the vse of other popish services . the reason of the vse of which surplice , by the popish glosers and provincials , is yeelded to be this ; that the priest must be clothed with white , to signifie his innocencie and puritie , and also ob reverentiam & salvatoris nostri & totius caelestis curiae , quam sacramento altaris consiciendo & confecto non est dubium interesse . but how doeth it follow , either from the provincall , or reason of the provinciall , that a minister of the gospell is bound by the provinciall to weare a surplice at the ministration of the word and sacraments of the gospell , when the doctrine and service of the gospell is contrarie and repugnant to the service and doctrine of the masse ? and when by the statute the provinciall is not to be vsed and executed , but as it was vsed and executed before the making of the statute , which was anno 25. of king henry the eight , at what time the service of the masse , called the sacrament of the altar , was only in request . a minister therefore of the gospell , by the provinciall is no more bound to weare a surplice , then by the provincials & other lawes of the realme , he is bound to say a masse : for the provinciall appointeth a surplice to bee worne at the masse and other idolatrous services , all which services and which masse ( as being blasphemous to the sacrifice of our saviour christ once made vpon the crosse , & repugnant to the holy worship of god ) is abrogated by the lawes of the realme . now then it were to bee wished that all states were given to vnderstand , by what equitie , law or good conscience grounded vpon the said statute , bookes or provincials , sundry grave , learned and godly pastors and other ministers , for sundry yeares passed , have bene deprived , suspended or excommunicated from their benefices , dignities , promotions and ministeries , for not vsing the surplice ? if the archbishops , bishops and other ordinaries , have heretofore proceeded lawfully in this case , by any other right then statute lawe , it were greatly to be wished , & a thing tending every way to their honor , credite and reputation , that the same their iustice were made publikely knowne , to the end all maner persons and states ; might rest them selves fully satisfied and well perswaded of the integritie of such their proceedings , as wherof they now stand in doubt . for our partes we acknowledge , that the queenes highnes had authoritie by the statute with the advise of her commissioners , &c. or metropolitane , to take other order for ornamentes . but wee never yet vnderstood , that any other order was taken accordingly : and especiallie in any such sorte , as that the archbishops , bishops & other ordinaries might warrant their sentences of deprivation to be lawfull against the ministers , which refuse to vse the surplice . by the advertisements wherevpon ( as it seemeth ) they did principally rely , and by authoritie whereof they did chiefly proceed , it is apparant that neither the letter , nor intendement of the statute ( for the alteration of ornamentes ) was observed : and that therefore the commaundement of wearing a surplice in steed of a white albe playne , by the advertissementes , was not duely made . for though by her highnes letters it doth appeare , that she was desirous , as the preface to the advertisemēts importeth , to have advise from the metropolitane & cōmissioners , that she might take order ; nevertheles that her highnes , by her authority , with their advise , did take order & alter the ornamēts : this ( i say ) doth no where appeare , no not by the advertisements them selves . howsoever then the metropolitane vpon the queenes mandative letters , that some orders might be taken , had conference and communication , and at the last , by assent , and consent of the ecclesiasticall commissioners , did think such orders as were specified in the advertisements , meete and convenient to be vsed and followed : neverthelesse , all this proveth not that these orders were taken by her maiesties authoritie . for the metropolitane and commissioners , might thinke , agree and subscribe , that the advertisementes were meete and convenient , and yet might these advertisements be never of any valew , as wherevnto her highnes authoritie was never yeelded . but be it graunted that the surplice by the advertisements , or other canons , hath bene duely authorized , yet herevpon it can not bee concluded , that an ordinary by his ordinarie iurisdiction , hath power to deprive a minister from his benefice for not vsing a surplice . vbi non sertur in contra facientes aliqua poena , constitutio est imperfecta , & modicum prodesse poterit , quoad contra facientes , there being thē no peine mencioned in the advertisementes to bee imposed vpon a minister for the not vse of a surplice , how should a minister for the not vse of a surplice , suffer the losse of his benefice , which is one of the greatest peynes ? herevnto happily it wil be answered , that vbi certa poena statuta est , non debet iudex ab ea recedere , vbi vero non est statuta , tunc est imponenda ad arbitrium iudicantis . and further , that , respectu poenae infligendae proper contemptum iudicis ; non reperitur provisio regulariter , à lege facta , & ideo judex potest arbitrio suo poenam imponere . touching which answeres it may brieflie be replyed , that the peyne spoken of in the civil law , is generally vnderstoode of a pecuniarie peyne , to be assessed and applied to the silke ; or more specially , it may be vnderstood , that among many corporall peynes , the iudge arbitrarily may choose which shall seeme to him most modicinable . now , these kinde of peynes , it is manifest , that neither of them by the ordinarie iurisdiction ecclesiasticall , in the church of england , can be imposed for contempt . and as for that which to the same effect may bee alleadged , out of the forein canonistes or forein canon law , thus standeth the case : the whole plott & frame of the building of the canon law ( as before hath bene proved ) is cleane ruinated and wasted . from whence it followeth , that all the posts , sommers , walles , plates , rafters , and roofe of that pallace , with all the yron , leaden and wooden implementes , and vtensilles thereof , be all likewise rotten and naught , else but drosse & canker . and so from the nullitie thereof , it is to be inferred , that an ordinary can not defend or practise his ordinarie iurisdiction by that law , against any of the kings subiectes . for all strange and forein law , is both a strange power , and a forein traytor to the kings crowne , and for that cause , can not be pleaded in any of the kinges ecclesiasticall courtes , without being in danger of loosing her head . howsoever then this rule , in the romish consistories , by the romish law , be true that an ordinarie for inobedience or contempt , may impose an arbitrary peyne , where a statute or constitution hath appointed no peyne : yet because this rule is an irregular enimy to the regiment of the kings crowne , it seemeth that the kings subiect is wronged whensoever an ecclesiasticall ordinary , for contempt , shal impose arbitrarily , any peyne , for the which peyne he hath not expresse warrant from the kings ecclesiasticall law . besides , if the romish canon law , were the kings ecclesiasticall law , yet doth not the former exception prove , that a parson or vicare , may be deprived from his benefice , by the ordinaries iurisdiction , for the not vse of a surplice ; only the said exceptiō affordeth thus much : viz. that if an ordinarie iudicially and canonically ( as they call it ) according to the sanctions , not of the english , but of the romish church , have admonished a minister to weare a surplice , the exception ( i say ) affordeth in this case thus much , that his ordinary for contempt may impose an arbitrary peyne , if so be nether by common right , nor by constitutiue law , there be an ordinarie peyne imposed . but now so it is , that this case falleth not out to be within the compasse of the peyne of deprivation , for not wearing a surplice . for it is contempt only , and not the not wearing of a surplice , that arbitrarily may bee punished in this case : why then though an ordinary be not able by the kings ecclesiasticall lawes , to drawe in a ministers deprivation , principally and by the head , for not wearing a surplice , yet it seemeth that he may drawe in the same consequently , & as it were by the tayle ; namely , by chardging him with wilfull periury or obstinat contempt ; for the which causes he may iustly be deprived . nay , soft good sir , your conclusion is without premisses . for who ever graunted that the romish canon lawe was the kings ecclesiasticall law ? howsoever then , from part of mine answere made to the exception , of contempt , you might gather that by the romish canon lawe , the deprivation of a parson or vicare , for contempt , may bee drawne in by the tayle , though not by the head ; nevertheles we stil denie that any parsons or vicares deprivation , directly or indirectly by the head , or by the tayle , either for contempt or periury , pretended to be committed for inobedience to canonicall admonition , can iustly be inflicted by the kings ecclesiasticall lawes . first wee affirme ( as earst hath bene said ) that aswell the branch as the budd , the tayle as the head of the romish canon law is cleane cutt of from the body of the kings ecclesiasticall law . secondly , that the oath of canonicall obedience , exacted by the ordinary from the parson or vicare , hath ever bene exacted hetherto , onely by vertue of the foraine canon lawe , and not so farre ( as we can learne ) by any the kings ecclesiasticall lawes . and therefore periury against a parson or vicare , for refusing to weare a surplice at his ordinaries command ( by the kings ecclesiasticall lawes ) can not be obiected ; for where there is no lawfull oath taken , there no lawfull punishment for the breach of the same oath can be inflicted , by meanes whereof , one halfe of the tayle before spoken of , is disiointed . and as for the other halfe , viz. that for contempt of the ordinaries iurisdiction , a parson or vicar ( having promised reverently to obey his ordinary , and other chief ministers vnto whom the governement and charge is committed over him ; following with a glad minde and will their godly admonition , and submitting them selves to their godlie iudgementes ) that a parson or vicar , i say , may lawfully for contempt be deprived from his benefice , if he refuse to put vpon him a surplice at his ordinaries admonition , and vpon his ordinaries iudgment , this might have some colour , if the ordinaries admonition and iudgment by the holy scriptures , could be proved to be a godly admonition , and a godly iudgement : or if the former rule were a rule aswell drawne from the kings ecclesiasticall law , as from the forain canon law ; or if there were no certeyne peyne by the kings ecclesiasticall law appointed for contempt : or that among divers certeyne peynes , deprivation were one . but seeing the same rule is none of the kings ecclesiasticall rules , and that admonition , suspension and excommunication , & not deprivation by the kings ecclesiasticall lawes , be certeyne and ordinarie peynes , to be inflicted for contempt , it followeth by the kings ecclesiasticall laws , that an ordinarie may not arbitrarily , at his pleasure , for such contempt , inflict the peyne of deprivation . nay , were it true that the romish and forein canon law , touching this point of punishment by deprivation for contempt , were in force within the realme of england , yet we affirme , even by the same law , that a parson or vicare , for the not wearing of a surplice , in divine worship , at his ordinaries commaundement , is no more by his ordinarie , to be deprived from his benefice , having a reasonable cause to refuse the wearing of a surplice , then is a bishop to be deprived by an archbishop from his bishopricke , for not putting in execution some of his provinciall decrees ; when as the same bishop hath any reasonable impediment , not to execute the same decree . for this rule , contemptus fit , ex ce ipso , quòd dum possunt hoc facere , illud tamen exequi contradicunt , is of no more efficacie ●gainst a minister subiect to a bishop , then it is against a bishop subiect to an archbishop . for as episcopus est ordinarius omnium presbyterorum suae dioceseos , so is archiepiscopus , ordinarius omnium episcoporum suae provinciae . and therfore as it may be said , quod praecipitur rectori , seu vicario , ab episcopo imperatur ei , & quod a imperatur necesse est fieri ab eo , & si non fiat , poenam habet ; so likewise , vbi preceptum archiepiscopi est factum episcopo , ibi necesse est vt obediat . vnde verbum b praecipimus , habet vim sententiae definitiuae , aswell by an archbishop against a bishop , as by a bishop against a parson or vicare . for as haec dictio praecipimus , vsed by a bishop to a parson or vicare , importat aliquid de voluntate & authoritate episcopi faciendum , vel non faciendū , so by the same word vsed by an archbishop to a bishob , tenetur episcopus cui praecipitur , quòd praeceptum adimpleat , voluntate & authoritate archiepiscopi . in like sort then , as a bishop to save him selfe , both from contempt , & the penaltie of contempt , may alleadge , and plead against an archbishop , that he did not therefore obey and execute his metropolitanes commandement , by reason of absence out of his diocesse , sicknes or other reasonable impediment , even so every parson and vicare to avoid contempt , may pleade for his innocencie , against the admonition of a bishop , that iustam habet excusationem , quare illud non debeat , vel non possit , vel nolit facere . non enim potest dica sponte negligere , qui potestatē faciendi , quod incumbit non habet . et negligens dicitur , qui desidiosus , vel inconsiderains est , ad ea quae agere debet , cum non subsit rationabile impedimentum & contemnere dicitur , qui sine causa , non facit quod preceptum est . et contemnere videtur . jdem esse quod aspernari , vel non curare , & hoc est verum quando non subest causa . wherevpon linwood concluding , that propter inobedientiam possunt subditi corum benesicjs priuari , quia graviter pecat ; qui obedientiam infringot hoc verum est , saith he , si sponte , & sine causa hoc siat . let vs then for examples sake only , suppose that the bishop of chichester , commanded by the archbishops grace of canterbury , to proceed to the deprivation of m. n. vicare of p. in the diocesse of chichester , for his not cōformity in wearing a surplice , should notwithstanding his commandement , spare the said vicare his deprivation , and being convented before his metropolitane to answere this contempt , should for his excuse alleadge that he had received letters of speciall grace , in behalf of the said vicare from the kings maiestie , by which he was required to respite the said vicare , and to assigne him a longer day . suppose this ( i say ) for examples sake to be true , i demand in this case , whether the kings letters directed to the bishop , were not a reasonable impediment and iust cause , to save the bishop from the penalty of contempt , ( which by the canon lawe , is the losse of his bishoprick ) for the not execution of the archbishops provinciall mandate . if all the advocates of the archbishops consistories , must needs grant that his highnes letters were a iust excuse to exempt the bishop from the penalty of contempt , how much more iustly and reasonably may those advocats conclude , that the same vicare was to be excused from contempt , against the bishops admonition , when for his defence he alleadged , and was ready by his oath to have avowed the testimony of his owne conscience , rightly ( as he was perswaded ) grounded vpon the holy commandement of the most high god , that he durst not for feare of wounding his owne conscience , and displeasing god , to weare the surplice in any part of divine worship ? for if the request of an earthly king superior to an archb. be a reasonable excuse , to save a bb. from contempt against an archb. how much more ought the authoritie and precept of an heavenly king , be a iust and reasonable impediment , to save a minister , from contempt against a bishops admonitiō ? vnlesse then a bishop will avow and be able out of holy writ , to iustifie that a ministers conscience ( especially a ministers conscience , who walketh ( as zakarias did ) in all the commandements and ordinances of the lord without reproofe , can not be any iust or reasonable excuse or impediment , why he ought not , or may not , or will not in divine worship weare a surplice , being thervnto admonished by his ordinary , vnles ( i say ) the bishop out of holy writ be able fully to prove that such a ministers conscience is no iust or reasonable cause to stay him from wearing a surplice in divine worship , in this case i say , that even by the romish canon law it self , there can no contempt be charged vpon such a minister , for not obeying his ordinaries , first , second & third admonitions ; the reasons whereof , even out of the same canon law have bene alleadged before in the first parte of these cōsiderations . but to leave the foraine canon law , and all the rules thereof , as being no branches of the ecclesiasticall lawes of england , let it be granted that before the statute of 25. h. 8. c. 19. some canon or constitution synodall or provinciall , had bene made , or since have bene made , by the clergie of the realme , in their cōvocation assembled by the kings writ , that a parson or vicare , for periurie or contempt ecclesiasticall , should bee deprived of his benefice ; neverthelesse it seemeth that the same is a voide canon , and a void constitution : because it is contrary or repugnant to the lawes and customes of the realme : by which lawes and customes no free man of the realme , can be dispossessed , of his franck tenement , for contempt or periury in any of the kings temporall courts . all parsons and vicars then canonically instituted & inducted , being not subiects at this day to any forain power , but being freemen of the realme , in as large and ample maner as any layickes , the kings other subiects be , it seemeth that a parson & vicare ( by the lawes and customes of the realme ) being a freehoulder , should for none other cause loose his freehould , then for the which like cause , a layicke may loose his . yea and because no layicke by the laws & customes of the realme , may bee put from his freehould for contempt , no though the same cōtempt be committed against the kings proclamation , or any decree made in his high courte of chancerie : by so much the more vnreasonable it seemeth to be , that a parson or vicare for contempt against his ordinaries admonition , should bee deprived from his benefice , by how much a contempt against the kings commaundement , is more heinous then is a contempt against the ordinaries admonition . you mistake the cases , & as it seemeth , you vnderstand not the law . the freehold of a layick , and the freehold of an ecclesiasticall person be not of one nature . the former belongeth vnto him by a title invested in his person , but the latter apperteyneth vnto a church-man , in the right of his church : if then the churchman be displaced from his church , it followeth by a necessary cōsequence , that he must likewise be discharged from his freehold . for he , being in the eye of the law dead vnto his church , can no more enioy the freehold which he held in the right of his church , then can a dead layick any longer holde a franktenement , in right of his person . and for your better satisfaction herein , i would have you to consider , that the like course of iustice is kept and ministred against certeine officers in the common weale : which officers , so soone as for any iust cause they shall be put frō their offices , doe withall and forthwith loose such their freeholdes , as iointly with their offices , and in regard of their offices they held . the maister of the rolles and warden of the fleete , having their offices graunted for terme of life , though other of them by the same graunt be seised of a freehold , the one of the house called the rolles , the other of the house called the fleete : nevertheles if the first bee put from his mastership , and the second from his wardenship , neither can the one , nor the other , by the law and iustice of the realme , reteyne either of those houses , as his freehold ; for as the houses were iointly with their offices , & in respect of their offices granted . so their offices being once taken from thē , they must withal by necessary consequence forgo those their houses , w ch for the time they held as their freeholds . well : if this be all that may gaynesay our position , then be not our cases mistaken , neither yet have we so ignorantly vrged & applied the law and free customes of the realme , as you would beare vs in hande . for though we grant , whatsoever you have excepted , to be true , yet can not the same be a barre against our pleading . for wee have hetherto pleaded no more in effect , but thus , viz. that a parson or vicar during his ministeriall function , being in the eye of the law , no dead but a living person , and a free man of the realme , ought no more , for a contempt vnto his ordinaries admonition , by any law of he realme bee dispossessed from the freehold , which in right of his function he enioyeth , then can a layicke for contempt vnto the kings commandement , be disseised of his . and what if the freeholdes of a layick , & of an ecclesiastical person , be ( as you say they be ) diversly possessed , the one by right of church , the other by right of person , what doeth this ( i say ) impugne our saying , that no freeholder for cōtempt of the kings cōmandment may be punished with losse of his freehold , whē the great charter of england telleth vs , that a freemā shall not be amerced for a small fault , but after the quantity of the fault . and for a great fault , after the maner therof , saving to him his contenement or freehold . if then vnto every freemā punishable by the law , though his fault be great , his contenement or freehold ought to be reserved ; it seemeth much more reasonable to follow , that no churchman , being a freeman of the realme , may for contempt be punished , with losse of his contenement or freehold . and that you may consider ( against our next conference ) more deeply of this matter , let me put this case vnto you viz. that a churchman and a temporall person , both freemen of the realme ; for one and the selfe same contempt against the king , were punishable by the great lordes in the starre chamber , or in any other court , by other of the kings iustices ; would our lawes & freecustomes of the realme ( think you ) iustifie , that the spirituall person , enioyning still his spiritual function , might in this case be mulcted with the losse of his benefice , and yet the tēporal person not to be punishable by the losse of his freehold ? the examples produced by you , relieve no whit at all your case , nay rather they stand on our side , and make good our part . for how long soever the maister of the rolles and warden of the fleete , doe enioy their offices , for so long time , by your owne collection , they ought to enioy their freeholdes , annexed to their offices ; yea and you assume in effect , that they may not lawfully for contempt , or any other cause , be disseised of their freeholds , so long as they be possessed of their offices . now then , if from the identity of reason you would conclude , that a parson or vicare for contempt lawfully deposed from his ministeriall function , should in like maner lawfully loose his freehold , annexed to his office , as the maister of the rolles , and warden of the fleete , put from their offices , should loose theirs , we would not much have gainsaid your assertion . for we hold it vnreasonable that a parson or vicar deposed from his ministeriall function , should enioy that freehold or maintenance which is provided for him that must succeed in his ministerial charge . but then your assertion would make nothing against vs. for so you must prove that your officers for contempt only , may lawfully be put from their freeholds annexed to their offices , and yet notwithstanding remaine the same officers still . and then indeed ; frō some parity or semblance of reason , you might have inferred , that a parson or vicare for cōtempt deprived of his free hold , annexed to his function , might notwithstanding such cōtempt , enioy his ministeriall function still . but to dispute after this sort , were idlely to dispute , & not to dispute ad idem . for how doth this follow ? the kings officer , if for contempt he be displaced from his office can not withall but be displaced from his freehold , which ioyntly with his office , and in regard of his office , he possessed . therfore a parson or vicare for contempt , may lawfully be deprived from his benefice or freehold annexed to his ministeriall function , and yet notwithstanding enioy his ministeriall function still . and this is the maine point & generall case ( for the most part ) of all the ministers which at this day for contempt , stand deprived . for among all the sentences pronounced for contempt , there is scarce one to be foūd which deposeth a parson or vicare from his ministerial office , but onlie which depriveth him from his church , parsonadge , or vicaradge . whereby the vnreasonablenes of certeine ordinaries , in their processe of deprivatiōs , become so much the more vnreasonable , by how much more vnreasonable it seemeth to be , that any publicke officer should lawfully be continued in his publicke office , and yet not be suffered to enioy any publick meanes , to mainteine the same his office . and thus much have we replied vnto your answere , made vnto our pleadings , that by the lawes and freecustomes of the realme , a parson or vicar , being a freeman of the realme , may not for cōtempt vnto his ordinaries admonitiō , be deprived from his freehold , if so be you grant that he may enioy his ministerial function still . as touching the lawes of the church , it hath ben already sufficiently demonstrated , that there is then no contempt at all committed against an admonition , whē the partie admonished can alleadge any iust or reasonable cause of his not yeelding to his admonisher . and if no contempt in such case be made , then no deprivatiō from a benefice , or deposition from the ministerie , in such case ought to follow . considerations against subscription , to the booke of the forme and maner of making and consecrating bishops , priests and deacons . what the reason or cause should be , that subscription vnto this booke of consecration & ordination of bishops , priests and deacons , hath bene of l●te yeares , so hotly and egerly pursued by the lords of the clergie , is a misterie , perhaps , not of many of the laytie well vnderstood . and how soever vnder colour of the maintenance of obedience to the statute of the realme , whereby this booke is confirmed , the same subscription may seeme to be pressed : nevertheles if the maine drift and reason of this pressure , were well boulted out , it is to be feared , that not only the vnlawful supremacie of an archbishop is sought to be advāced above the lawfull supremacie of our soverayne lord king iames ; but also that the synodals , canons and constitutions made by the clergie , in their convocation , are intended , if not , to be preferred above , yet at leastwise to be made equall to the common law and statutes of the realme . by the ancient lawes and customes of the realme , one parcell of the kings iurisdiction and imperiall crowne , hath evermore consisted in graunting ecclesiasticall iurisdiction , vnto archbishops , bishops and other prelats . for the maintenance of wich imperiall iurisdiction and power , against the vsurped supremacie of the bishop of rome , divers statutes , not introductorie of new law , but declaratorie of the old , in the time of king henry the eight , king edward the sixth , and of our late most noble queene deceased , have bene made and enacted . yea and in a book entituled the institution of a christian man , composed by thomas archbishop of canterburie , edward archbishop of yorke & all the bishops , divers archdeacons & prelates of the realme , that then were , dedicated also by them to king henry the eight , it is confessed and acknowledged that the nomination & presentation of the bishopricks , apperteyned vnto the kings of this realme . and that it was and ●halbe lawfull to kinges and princes , and their successors , with consent of their parliaments , to revoke and call againe into their owne handes , or otherwise to restreine all the power and iurisdiction which was given and assigned vnto priests & bishops , by the lycence , consent , sufferance and authoritie of the same kings and princes , and not by authoritie of god and his gospell , whensoever they shall have grounds and causes so to doe , as shal be necessarie , wholesome and expedient for the realmes , the repressing of vice , & the increase of christian faith and religion , ever since which time ( vntill of late yeares , the late archbishops of canterbury , with the counsel of his colledge of bishops , altered that his opinion , which some times in his answere made to the admonition to the parliament , he held ) it was generally and publickely maintained , that the state , power and iurisdiction of provinciall and diocesan bishops in england , stood not by any divine right , but meerly and altogether by humaine policie and ordinance alone . and that therefore , according to the first and best opinion and iudgment of the said archbishops , bishops , &c. the same their iurisdiction might be taken away and altered at the will and pleasure of the kings of england , when soever they should have grounds and causes so to doe . mary since , when as the discipline and governement provinciall , & diocesan ministred and exercised by the late archbishop deceased , and his suffraganes , was diversly handled , disputed and controverted , not to be agreeable , but repugnant to the holy scriptures , & necessarie also for the repressing of vice , the increase of faith and christian religion , to be changed ; they herevpon iustly fearing , that the most vertuous & christian queene deceased , vpon sundry cōplaints made in open parliament , against their many vniust greevances , would have reformed the same their maner of governement ; they then presently vpon new advise and consulation taken , boldly and constantly avouched the same their governement , to have bene from the apostles times , and agreeable to the holy scriptures ; and therefore also perpetuall , and still to be vsed , & in no case to be altered , by any king , or potentate whatsoever . by meanes of which this their enclyning to the popish opinion , and holding their iurisdictiō to bee de iure divino , & professedly mainteyning in the homilie ( wherevnto also subscription is vrged ) that the king , and all the nobilitie , ought to be subiect to excommunication , there is now at length growne such a mayne position , of having a perpetuall diocesan and provinciall governement in the church , that rather then their hierarchie should stoope , they would cause the kings supremacie , which he hath over their said iurisdiction , to fall downe to the ground ; in so much as by their supposition , the king hath no authoritie , no not by his supreame power , to alter their sayd governement at all . and to this end and purpose ( as it seemeth ) in their late canons have they devised and decreed , this booke of ordination , to be subscribed vnto . which subscription can not but quite and cleane overthrow the kings supremacie and auncient iurisdiction , in the most dangerous degree . for if their provinciall and diocesan orders and degrees of ministerie , together with their iurisdiction , be to bee vsed , ( as established and derived vnto them by the holy scriptures ) how then can it be in the power and iurisdiction of the king , to graunt , or not to graunt the vse of provinciall and diocesan bishopisme and iurisdiction ? or how may the provinciall bishops , with their diocesan suffraganes , be called the kings ecclesiasticall officers , if their iurisdictions be not derived vnto them from the king ? for if they be called gods bishops , or bishops of gods making , how then may they anie more be called the kings bishops , or bishops of the kings presenting , nominating and confirming ? nay , besides , who then can alter them ? who can restreyne them ? who can revoke or recall their power and iurisdiction ? who can resist them ? or what king of england may pluck his neck from vnder their yoke ? nay , how should the kings supremacie ( as by the ancient lawes of the realme it ought ) remayne inviolable , when his royall person , whole nobilitie and realme , is subiect and lyable to the censure of the canon law , excommunication ? which law the provinciall and diocesan bishops to this day , in right and by vertue of their provinciall and diocesan iurisdiction , and none otherwise , do stil vse , practise , and put in execution ? besides , if bishops provinciall and diocesan ( as they be described in that book ) be commanded in the scriptures , and were in vse ever since the apostles times , then ought they to be in the church of england , though the king and his law never allowed , nor approved of them . but to hold this opinion , as it will vphold the popes supremacie ( because the generall reasons which vphold a provinciall bishop , will vphold a pope ) so will it once againe , not only impeach the kings supremacie , but also be repugnant to the lawes and customes of the realm . by which supremacie , lawes and customes only , the provinciall & diocesan bishops have bene hitherto vpheld . for seing the lawes and customes of the realme , doe make the kings nomination , presentation , and confirmation , the very essence and being of a provinciall , & diocesan bishop with vs , so that these offices ought to be held only , from the authoritie , gift and graunt of the king : how ought not the kings nomination , presentation , authoritie and gift , yea and the law it self , in this case wholy cease , if the order , degree , ministerie and iurisdiction of a provinciall and diocesan bishop be founded in holy scripture ? vnlesse we shall affirme , that , that was in the apostles times , which was not , or that , that is to be found in holy scripture , which is not ? namely that there were in the apostles times , and that there be in the holy scriptures , no bishops but provinciall and dioceasan bishops to bee found ? and that by the law of god and the gospell , every king and potentate , hath supreme power to suffer none but provinciall & diosan bishops to be in the churches . so that by subscription to allow , that provinciall and diocesan bishops , be scripturely bishops , and that their iurisdiction and power , is a scripturely iurisdiction and power , is to deny that their iurisdiction and power , dependeth vpon the kings iurisdiction and power , or that by the kings gift and authoritie they be made bishops . but how doeth subscription ( you will say ) to the booke of ordination approve the orders and degrees of provinciall & diocesan bishops , to be by divine right , rather then by humane ordinance ? how ? why thus : it is evident ( saith the preface of that booke ) to all men diligently reading holy scripture and ancient authors , that from the apostles times , there have bene these orders of ministers in christes church , bishops , priests and deacons . yea and by the whole order of prayer , and of scripture read , & vsed in the forme of consecrating of an archbishop or bishop , it is apparant that the order of an archbishop or bishop , consecrated by that booke , is reputed & taken to be of divine institution . and therfore seing the names of those orders of ministers , must necessarily be taken and vnderstood of such orders of ministers , as be sett forth and described in the body of that booke , it must needes be intended , that the ministers by their subscription , should approve the orders of ministers , mencioned in that booke , to be of divine institution , and consequently , that provinciall and diocesan ministers or bishops , have not their essence and being from the nomination , gift & authoritie of the king. besides , if we should vnderstand by the word ( bishop ) him that hath the ministrie of the word and sacraments , as the pastor & teacher ; and by the word ( priest ) the presbiter , that is the governing elder ; and by the word ( deacon ) the provider for the poore , then for the ministers to subscribe to the booke of ordination , would no way iustifie those officers or degrees of ministers , which are described in that booke , but would indeed vtterly subvert and overthrow them . because the orders and degrees of a provincial & diocesan bishop , of a priest and deacon mentioned in that booke , be of a farr differing nature from those orders and degrees of ministers , which are mencioned in the scriptures : because they only agree in name , and not in nature . wherfore seeing there be other orders and degrees of bishops then provincial & diocesan bishops found in the holy scriptures , & seeing also kings and princes being vicarij dei , be commanded to authorise all things for the trueth ; and nothing against the trueth : it seemeth necessarie that his maiestie should not only restrayne the provinciall and diocesan bishops , from vrging subscription to this booke of ordination , ( being so derogatory ( in their sence and construction ) to his supremacie as nothing can be more , ) but also to keepe the bishops them selves within the tether and compasse of the word of god. for if the word of god , doe approve amongst the ministers of the word and sacraments , a primacie of order only , & denyeth vnto them any primacie of iurisdiction and power in ecclesiasticall governement , ( as the learned protestants have proved against the papists touching peters supremacie ) then will it follow that ours also ought to bee reduced to the same compasse , both for the kings maiesties safetie , and the churches good . least princes giving them more then god alloweth them , they shoud them selves loose that right and authoritie , which they ought to reteyne in their owne royall persons . now that it may not be obiected that we begge the question of scripturely bishops , not having any primacie of iurisdiction & power in ecclesiasticall government , ( to let passe all particuler reasons of the protestants against the papists in this point ) it shall suffice in this place to produce for witnesses six & forty iurors , against whō no chalendge or exception can be taken ; namely the said thomas crammer , archbishop of canterburie : edward archbishop of yorke : iohn bishop of london : cuthhert dunèlmem steven winton : robert cariolen : iohn exon : iohn lincoln : rowl and coven & lichfield : thomas elien : nicholas sarum : iohn banger : edward herefordien . hugh wigornen . iohn roffen . richard cicestren . william norwicen . william meneven . robert assaven . robert landaven . richard wolman , archdeacon of sudbur . william knight archdeacon of richmond : iohn bell , archdeacon of gloster : edmond boner , archdeacon of lecester : william skipp , archdeacon of dorset : nicholas heeth , archdeacon of stafford cuthbert marshall , archdeacon of notingham : and richard curren , archdeacon of oxford : together with william cliff , galfrid downes ; robert oking , radulf bradford , richard smith , simon mathew , john fryn , william lukemaster , william may , nicholas wotton , richard cox , iohn edmonds , thomas robertson , iohn baker , thomas baret , iohn hase and iohn tyson , sacrae theologiae , iuris ecclesiastici , & civilis professores . all which archbishops , bishops , archdeacons and prelates , having with one voyce and accord shewed vnto king henry the eight , that divers good fathers , bishops of rome , did greatly reprove and abhorre ( as a thing cleane cōtrarie to the gospell & the decrees of the church ) that any bishop of rome , or elswhere , should presume , vsurpe , or take vpon him the tytle and name of the vniversall bishop , or of the head of all priestes , or of the highest priest , or any such like tytle ; proceede further , and in the end conclude , and give vp their verdict thus . for confirmation whereof , it is out of all doubt , that there is no mencion made , neither in scripture , neither in the writings of any authenticall doctour or authour of the church being within the tyme of the apostles : that christ did ever make , or institute any distinction or difference to be in the preeminence of power , order , or iurisdiction betweene the aposties them selves , or betweene the bishops them selves ; but that they were all aequall in power , order , authoritie and iurisdiction . and that there is now , and sith the tyme of the apostles , any such diver●●tie or difference among the bishops , it was devised by the ancient fathers , &c. for the said fathers considering the great and infinite multitude of christian men , and taking examples of the ould testament , thought it expedient to make an order of degrees , to be among bishops and spirituall governours of the church ; and so ordeyned some to be pa●riarkes , some to be primates , some to be metropolitanes , some to be archpishops , some to be bishops , &c. which differences the said holy fathers thought necessarie to enact and establish , by their decrees and constitutions , not for that any such differences were prescribed and established in the gospell , or mencioned in any canonicall writings of the apostles , or testified by any ecclesiasticall writer within the apostles tyme. and thus farre their verdict . but let vs graunt , that orders of bishops , priestes and deacons bee conteyned in the holy scriptures , yet if those orders of bishops , priests and deacons which are established in the booke , be not the same orders of bishops , priestes & deacons , which are authorised by the scriptures : then ( through the aequivocation of these wordes ; orders of bishops , priestes and deacons ) there being afalacie : how should this forme and maner of subscription be lawfull ? viz. that the booke cōteyneth nothing contrarie to the word of god , & that it lawfully may be vsed ? for only such orders of bishops , priestes and deacons , ought to be acknowledged , subscribed vnto , & vsed , as by the holy scriptures are warranted . and therefore such as are conteyned in the booke , if so be they be divers frō those which are approved in the holy scriptures , how should they without sinne be subscribed vnto , and vsed ? vnlesse we shall affirme , that ministers of the gospell of god , may rightfully approove of such orders of ministers , as the lord and law giver of the gospell never allowed ne approoved . and thus much have we spoken touching not subscription , touching the not exact vse of the order and forme of the booke of common prayer , and touchinge the not precise practise and wearing of the rites , ceremonies and ornaments of the church . wherein if we have spoken otherwise then as for our speaking wee have warrant from the kings lawes , our earnest desire is that it may be shewed vnto vs wherein we haue erred . for if there be any thing whereof we be ignorant , we shal be willing to be taught the same , and having learned it , to yeald to the practise thereof . in the meane time , seing not to weare a surplice in the ministration of divine service , not to make a crosse in baptisme , & not to subscribe , &c. in it selfe , is not a sinne against any commandement of god , nor a thing scandalous vnto the people : and seeing also the parsons who refuse to weare and vse the same , be in every respect men of good note , condition , fame , qualitie and behaviour , yea & such as against whom , no misdemeanor for doctrine or life , which might aggravate their offence , can iustly be obiected , we may lawfully ( as we thinke ) conclude in their behalf , that de aequitate & misericordia iuris , they ought to be respected and tolerated , rather then for their refusall meerely standing vpon their consciences ( whether erroneous or not erroneous , it skilleth not ) de rigore iuris , ( if there be any such rigour ) to be suspended , excommunicated or deprived , yea and in so generall and doubtfull a case of conscience , vpon so slender a ground of periury or contempt , vpon persons every way so peaceable & well qualified , and wherein no scandall hath ensued , we suppose it can not bee shewed among all the decrees and sentences recorded , among all the popish canonists , that ever any popish ordinaries , in any age have vsed the like iudiciall rigour against any their popish priests . it is to be noted , that the foraine canon law , is none otherwise in any part of this treatise intended to be the kings ecclesiasticall law , then only vpon a false supposition of the archbishops and bishops : because the same law is yet vsed & practised in their consistories , notwithstanding it hath bene long since abolished by act of parliament . god saue king iames . faultes escaped in printing . in the epistle . fol. 2. pag. 1. lin . 12. say we , for ( say we ) fol. 4 pag. 1. l. à fine . 9. efrom , for from . fol 6. pag. 1. l. à fine 3. wincester for winchester . in the booke . pag. 11. l. à fi . 11. appointed for appointeth . pag 11. l à fi . 6. appointed for appoonteth . pag. 12. the 8. line is superfluous . pag. 19 l. 7. expcessed for expressed . pag. 22 l à si 10 ad in marg . 1. mar ses . 2. 6. 3. pag. 24. l. 14. fift for fifth . pag. 24. l à fi . 11. decretall , for decretalls . pag. 35. l. 11 provincalls , for provincials . pag. 36. in fine , in marg . diceat for dicent . pag. 37. in marg 25. is to be added to h. 8. &c. pag. 39 l à fi . 10 preceptum for praeceptum . ibid in mar . cc. for . c. pag. 40. in mar . casti for cousti . & contemp . for contem . pag. 42. l. vlt he for the. pag. 43 l. 17. à si enioyning for enioying . pag. 46. l. 8. ardbishops , for archbishop . pag. 47. in f. in mar . dioceson for diocesan . pag. 48. l. 12. dioocasan , for diocesan . notes, typically marginal, from the original text notes for div a17925-e120 cap. 29. act. 24. act. 21. 38 act. 5. 36. 37. cod. de seditio li. 1. a glos . lind . de heret . c. 2 verb. sectam b glos lind . de magis ca. 1. verb. scismatum . isa . 22. 11. notes for div a17925-e1040 by whole clergie wee meane the archb bb. & other learned of the clergie heretofore vsually assembled in convocation by the kings writ . the articles of religion 1562. were agreed vpon in convocation by the whole clergie of the realm , vide 13. eliz. ca , 12. par in parē nō habet im perium , and therefore yorke not subiect to canterbury ▪ b sf . de li. & posthu . l. cum quidá . c ●f . de poen . l. interpretatione . de poe . dist . l. ●poenae . lyud , de celeb . miss . c. vle . verb. animabu● , & lind. de cōces●i . preb . ●●esurientis verb procurantes . d mag . char . cap. 14. panor . in 〈◊〉 , querenti de verb. siguif . nu . 5. e panor , in c. multa de preb nu . 10. ca. statut . de cle● . lib. 6. g panor c. inquisition . de sent . excom . nu . 3. k panor . in cad aures , de aeta . & cual ● . panor in c. per tuas ex iii. nu 3. & 4. desimo l. bald. de nihi●urand . l vide . simon de graph. de casibus conscientiae , pa. 359. exacting the oath 1. part. 33. the institutiō of a christian mā dedicated to k. h. 8. fol. 57. 58. answer . reply . fol. 57. 7. constit . o● . c. ecclesias : ne dig . tra● ad sir. & glossa ibid verb ●●●ltitudinis . 8. panor . in 1. de cler , ●grot . 〈◊〉 dist . faperversū , extra . de t. aegrot . 〈◊〉 totum . ●ag . chart . 〈◊〉 . h. 8. c. 〈…〉 ●9 . notes for div a17925-e1990 ●liza . c. 2 ● . 6. the second part of the right vse of the church . obiection . answere . obiection . answere . 2 ▪ k. 12. 4. 5 note that the lordes only , & not lordes spirituall and temporall , are mencioned : spirituall lordes therefore were not of this parliament . for by divers statutes when only lords are mencioned , temporall lordes are included , and spiritual lords excluded . sir edward cooke , de iure reg . eccle , fol. 9. notes for div a17925-e5370 the order where morning & evening prayer , &c. fol. 1. obiection . answere . lind de celebra . missae c. l●●theamina the bishop by his ordinary iurisdictiō hath no authority to deprive a minister for not wearing a surplice . ff . si quis ius diceat non obte l 1. & l 2. si quis in iu● vocat . foraine canō law abolished , 25. h 8. c. 19. a bishop by the forrain canon lawe , hath no iurisdiction . an ordinarie by the kings ecclesiastical law cannot impose an arbitrarie peyne for not wearing a surplice . obiection . answere . a lind. de constitut . ec . quia incontinentiae . verb praecipimus . b verb. praecipimus . ex . de conc . praeb . c. quia &c. vlt. de elect . lind de casti . quia verb neglexerit . lind. de sen ten . excom . verb. contemp . glos in verb contempse●it c. 1. de appell . li. 6. luke 1. answer . reply . notes for div a17925-e6560 cooke de lure . regis eccle . fol. 8 fol. 53. fol. 55. do. sutclif . doct. bilson 2. part of the right vse of y e church if diocesan bishops bee scripturely bishops , thē may they stand without y ● king. dioceson bishops hither to vphelde only by the lawes of the realme . fol. 59. 60. ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the right reverend father in god, edward, lord bishop of worcester. stillingfleet, edward, 1635-1699. 1698 approx. 418 kb of xml-encoded text transcribed from 214 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-05 (eebo-tcp phase 1). a61555 wing s5593 estc r33861 13585131 ocm 13585131 100520 this keyboarded and encoded edition of 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(eebo-tcp ; phase 1, no. a61555) transcribed from: (early english books online ; image set 100520) images scanned from microfilm: (early english books, 1641-1700 ; 1049:29) ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the right reverend father in god, edward, lord bishop of worcester. stillingfleet, edward, 1635-1699. xxvii, [3], 393 p. printed by j.h. for henry mortlock.., london : 1698. reproduction of original in the union theological seminary library, new york. includes bibliographical references. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ecclesiastical law -england. law reports, digests, etc. -england. 2004-02 tcp assigned for keying and markup 2004-02 aptara keyed and coded from proquest page images 2004-03 rina kor sampled and proofread 2004-03 rina kor text and markup reviewed and edited 2004-04 pfs batch review (qc) and xml conversion ecclesiastical cases relating to the duties and rights of the parochial clergy , stated and resolved according to the principles of conscience and law : by the right reverend father in god , edward , lord bishop of worcester . london , printed by i. h. for henry mortlock at the phoenix in st. paul's church-yard , 1698. to the reverend clergy of the diocese of worcester . my brethren , the following discourses do of right belong to you ; the substance of them being contained in what i delivered to you in several times and places , in the course of my visitations : in which i endeavoured to lay open the nature and dignity of your function , the rules you are to observe in the discharge of it , and to state and resolve the most important cases which relate to your duties and rights , according to the principles both of law and conscience . for i observed that some had spoken very well of the general nature of the ecclesiastical function , without a particular regard to the limitations of the exercise of it by our laws . others had endeavoured to give advice and counsel in point of law , who meddle not with the obligation of conscience . and therefore i thought it necessary to joyn both these together , that you might have a clear and distinct view of your duties in both respects . for in a matter of positive institution , where only the general duties are prescribed in scripture , and the bounds of the exercise of them depend upon the laws of the land , i could not see how any person could satisfie himself in the discharge of his duty , without a regard to both . for the care of souls in general , is a matter of wonderful weight and importance , and can never be sufficiently considered by those who are concerned in it . but no man among us takes upon him an indefinite care of souls , without regard to persons or places ; for that would produce confusion and endless scruples , and perplexities of conscience about the nature and obligation to particular duties , which cannot be prevented or removed without a right understanding the different respect all that have taken our holy function upon them , do stand in both to the church in general , and to that particular cure of souls which they are admitted to . the best way i know to represent them , is to consider the case of dominion and property ; and how far the vniversal obligation of mankind to promote each others good , is consistent with the care of their own and families welfare . adam had in himself the entire and original dominion over all those things , which after became the subject of particular property ; when his posterity found it necessary to make and allow several shares and allotments to distinct families , so as they were not to incroach , or break in upon one another . but the law of nature did not prescribe the way and method of partition , but left that to occupancy or compact : and so the heads of families upon their settlement in any countrey , had a twofold obligation upon them ; the first was to preserve the interest of the whole body , to which they still were bound , and were to shew it upon such occasions as required it . the next was to take particular care of these shares which belonged to themselves , so as to improve them for their service , and to protect them from the invasion of others . and although this division of property was not made by any antecedent law , yet being once made , and so useful to mankind , the violation of it , by taking that which is anothers right , is a manifest violation of the law of nature . i do not think , that the distribution of ecclesiastical cures , for the greater benefit of the people , is of so strict a nature ; because the matter of property doth not extend to this case in such a manner . but since an vniversal good is carried on by such a division far better than it could be without it , there is an obligation lying on all persons who regard it , to preserve that order which conduces to so good an end. and i cannot see how any persons can better justifie the breach of parochial communion as such , than others can justifie the altering the bounds of mens rights and properties , because they apprehend that the common good may be best promoted by returning to the first community of all things . if our blessed saviour , or his holy apostles in the first founding of churches , had determined the number of persons , or fixed the bounds of places within which those who were ordained to so holy a function , were to take care of the souls committed to them , there could have been no dispute about it among those who owned their authority . but their business was to lay down the qualifications of such as were fit to be imployed in it ; to set before them the nature of their duties , and the account they must give of the discharge of them ; and to exhort all such as under took it to a watchfulness , and diligence in their places ; but they never go about to limit the precincts , within which they were to exercise the duties incumbent upon them . when churches were first planted in several countries , there could be no such things expected as parochial divisions ; for these were the consequents of the general spreading of christianity among the people . as is evident in the best account we have of the settlement of the parochial clergy among us , after christianity was received by the saxons . which was not done all at once , but by several steps and degrees . it cannot be denied by any , that are conversant in our histories , that the nation was gradually converted from paganism by the succesful endeavours of some bishops and their clergy in the several parts of england . not by commission from one person ( as is commonly supposed ) but several bishops came from several places , and applied themselves to this excellent work , and god gave them considerable success in it . thus bizinus did great service among the west saxons ; and felix the burgundian among the east-saxons ; and the northern bishops in the midland-parts , as well as augustin and his companions in the kingdom of kent . and in these midland-parts , as christianity increased , so the bishops sees were multiplied ( five out of one ) and placed in the most convenient distances for the further inlarging and establishing christianity among the people . the bishops were resident in their own sees , and had their clergy then about them , whom they sent abroad , as they saw cause , to those places where they had the fairest hopes of success . and according thereto they either continued or removed them , having yet no fixed cures or titles . all the first titles were no other than being entred in the bishops register , as of his clergy , from which relation none could discharge himself , without the bishop's consent . but as yet the clergy had no titles to any particular places , there being no fixed bounds of parishes , wherein any persons were obliged to be resident for the better discharge of their duties . this state of an vnfixed and itinerant clergy was soon found to be very inconvenient ; and therefore all incouragement was given , where christianity most prevailed , for the building churches at a convenient distance from the cathedral , and setling a number of presbyters together there , which were after called collegiate-churches ; and the great and devout men of that time gave them liberal endowments that they might the better attend the service of god there , and in the countrey about them . but after that the several parts grew to be more populous , and lords of manors , for the conveniency of themselves and their tenants , were willing to erect churches within their precincts , laws were then made , that they might detain one share of the tithes for the supply of this new church ; the other two remaining due to the mother church . and i can find nothing like any allowance for the lords of manors to appropriate the other two parts as they thought fit . for those manors themselves were but parcels of larger parishes ; and the tithes were due from those estates , which were no part of their manors , and therefore they had nothing to do with them . but after the norman invasion , the poor parochial clergy being saxons , and the nobility and bishops normans , they regarded not how much they reduced the inferiour clergy , to enrich the monasteries belonging to the normans , either at home or abroad . and this i take to be the true reason of the multitude of appropriations of two thirds of the tithes in the norman times , and too often with the consent of the bishops , who ought to have shewed more regard to the interest of the parochial clergy than they generally did . but of this i have discoursed more at large in one of the following cases . in the latter end of the saxon times , if we believe those called the confessors laws , after all the danish devastations , there were three or four churches where there had been but one before . by which it appears that the parochial clergy were numerous before the conquest . and within this diocess , in two deanaries of it , there are to be found in doomsday-book above twenty parish-churches : in the deanary of warwick , ten ; and in the deanary of kingstone , fifteen : but of the former seven were appropriated in the norman times ; and of the latter , ten ; by which we may see to how low a condition they then brought the parochial clergy . one church in the former deanary i find built in that time , and that was at exhal ; which was before a chapel to salford , but was erected in the time of h. 1. by the lord of the manor and freeholders , who gave the glebe and tithes , as appears by the confirmation of simon bishop of worcester . many other parochial churches , i doubt not , were built and endowed after the same manner , although the records of them are lost . and as churches were new erected , the parochial bounds were fixed , that the people might certainly know whither they were to resort for divine worship , who were bound to attend them as part of their charge , from whose hands they were to receive the holy sacraments , and whose advice and counsel they were to take in matters which related to the salvation of their souls . now here lies the main difficulty with some people ; they cannot think that parochial bounds are to determine them in what concerns the good of their souls ; but if they can edifie more by the parts and gifts of another , they conclude , that it is their duty to forsake their own minister , and go to such a one as they like . i meddle not with extraordinary occasions of absence , nor with the case of scandalous incumbents , because it is the peoples fault if they be not prosecuted , and the place supplied by better men. but the case , as it ought to be put , is , how far a regard is to be shewed to a constitution so much for the general good , as that of parochial communion is . we do not say , that mens consciences are bound by perambulations , or that it is a sin at any time to go to another parish ; but we say , that a constant fixed parochial communion , tends more to preserve the honour of god , and the religion established among us , to promote peace and vnity among neighbours , and to prevent the mischief of separation . and what advances so good ends , is certainly the best means of edification : which lies not in moving the fansie , or warming the passions , but in what brings men to a due temper of mind , and a holy , peaceable , and unblameable conversation . and as to these excellent ends , it is not only your duty with great zeal and diligence to perswade your people to them ; but to go before them your selves in the practice of them . for they will never have any hearty regard or esteem for what any one says , if they find him to contradict it in the course of his life . suppose it be the peoples fault to shew so little regard to your profession ; yet you are bound to consider how far you may have given too much occasion for it , and their fault can be no excuse for you , if any of your own were the true occasion of theirs . we live in an age wherein the conversations of the clergy are more observed than their doctrines . too many are busie in finding out the faults of the clergy , the better to cover their own ; and among such priest craft is become the most popular argument for their insidelity . if they could once make it appear ; that all religion were nothing but a cheat and imposture of some cunning men for their own advantage , who believed nothing of it themselves ; and that all the business of our profession was to support such a fraud in the world for our own interest , they were very excusable in their most bitter invectives against such priest-craft . for nothing is more to be abhorred by men of ingenuous minds , and natural probity , than to be the instruments of deceiving mankind in so gross a manner . but , thanks be to god , this is very far from being the case among us ; for our profession is built upon the belief of god and providence , the difference of good and evil , and the rewards and punishments of another life . if these things have no foundations , we are certain that the best , and wisest , and most disinterested men in all ages have been in the same fundamental mistakes . and it is now somewhat too late for any persons to set up for sagacity and true iudgment in these matters , above all those of foregoing ages . there is a mighty difference between slight and superficial reasonings , ( although some may be vain enough to cry them up for oracles ) and those which are built on the nature of things , and have born the test of so many ages , and remain still in the same degree of firmness and strength , notwithstanding all the batteries of profane and atheistical wits . for it cannot be denied , that such there have been in former times as well as now ; but that makes more for the advantage of religion , that our modern pretenders are fain to borrow from the old stock ; and scarce any thing worth answering hath been said by them , but hath been often said , and with more force by their masters . and the best philosophers of this age have given up the cause of atheism as indefensible ; so that the being of god and providence seems to be established by a general consent ; and if any secretly be of another mind , they think it not for their reputation to own it . the main pretence now is against revealed religion ; but without offering to shew how so great and considerable a part of mankind as the christian church hath been made up of , came to be so imposed upon , as to a doctrine which advances morality to the greatest height , and gives mankind the most assured hopes of a blessed immortality , when nothing like interest and design as to this world , could be carried on by the first and greatest promoters of it . but we are told in a late complaint made abroad by a friend of our deists ( wherein i am particularly concerned ) that we make objections for them which are most easie to answer , and pass over their most considerable difficulties . which is a very unjust charge , and cannot be made good but by producing those considerable difficulties which we have taken no notice of . for my part , i know of none such : and we make no objections for them ; however , we may think it our duty to lay open the weakness of them , when we are importuned to do it ; which was my case in the treatise i suppose he refers to . if they keep their considerable difficulties to themselves . i know not how we should be able to answer them . but it is the common way in a baffled cause still to pretend , that the main difficulties were not produced . but this is not a proper occasion to insist lon●er on these matters ; my present business is to answer the objection which immediately regards the clergy ; and the summ of it is , that our profession rather hinders than confirms the belief of religion ; because they who plead for what makes for their interest , are always suspected to be swayed more by interest than by reason . to give a full and clear answer to this , we must consider , that however mankind are apt to be swayed by interest , yet the truth and reason of things do not at all depend upon them ; for a thing is not true or false in it self , because it makes for or against a man ; and the measures of judging truth and falshood , are quite of another nature ; and so mens interests come not into consideration . so that in this case they are not to examine whose turn is served , whether such a thing be true or false ; but whether there be sufficient evidence to convince an impartial mind of the truth of it ; for let the reasons be produced by whom they please , the grounds of conviction are the same . if a man in a dispute about surveying a piece of land , which he claimed a right to , should appeal to the elements of geometry in his case , would the evidence be less because he was concerned in the land ? but we proceed farther ; suppose it be for the interest of religion in a nation , for an order of men to be set apart on purpose to attend the services of it ; and that there should be great incouragements for their education ; and a maintenance set apart for their subsistence afterwards , that they may not live in dependance on the humours and uncertain fancies of the people ; how can such a constitution take off from the credibility of that religion which they are to support ? was it any lessening to the authority of the law of moses , that the tribe of levi was so plentifully provided for by god's own appointment ? they were to teach the law to the people in the places where they were dispersed among the several tribes : and suppose it had been then said , why should we believe what you say , when you live by it ? you have cities , and lands , and tithes , and oblations , and dignities among you ; no wonder you set up this law as divine and holy ; but we get nothing by it , but part with a share of our profits to maintain you ? what then ? was the law therefore false , and moses an impostor ? these are hard consequences , but they naturally follow from such a supposition . and if such an inference were not reasonable then , neither will it appear to be so now . but we do not pretend that the parochial settlement of our clergy is by such a divine law as the levitical priesthood was ; but this we do insist upon , that the christian religion being owned and established in the nation , there was a necessary reason from the nature of it , and the obligation to preserve and support it , that there should be an order of men set apart for that end , that they should instruct the people in it , and perform the several offices belonging to it ; and that a sufficient maintenance be allowed them by the law of the land to support them in doing their duties . and i appeal to any men of sense or of common vnderstanding , whether on supposition that our religion is true , these be not very just and reasonable things ? how then can that make a religion suspected to be false , which are very reasonable , supposing it to be true ? if it be true , as most certainly it is , are not they bound to maintain it to be true ? and can it be the less so , because their subsistence depends upon it ? therefore all the impertinent talk of our profession being a trade , can signifie nothing to any men that understand the difference between scarron and euclid , or the way of burlesquing and of demonstration . there is still one common prejudice to be removed , and that is , that too many of those who preach up our religion , as true , do not live as if they believed it to be so . we are very sorry , there should be any occasion given for such a reproach as this ; and we hope there are not so many instances of it , as some would have it believed . woe be to those by whom such offences come . but supposing the instances true , is there any religion in the world , considering the follies and infirmities of mankind , which can secure all the professors of it from acting against the rules of it ? but if such instances are sufficiently proved , there ought to be the greater severity used in such cases ; because religion it self , as well as the honour of our church , suffers so much by them . but it will still be said , that these persons are secret infidels , and believe nothing of what they profess . this is another point , how far bad lives are consistent with sound opinions : some that think that men act consistently , will not allow that bad men can be any other than meer infidels ; but others who consider the prevalency of mens lusts and passions over their reasons , are apt to think that they may retain their good opinions , even when they act contrary to them : but then their consciences fly in their faces , and they condemn themselves for their evil actions . and then these very instances are an argument against infidelity ; for we may justly presume , that they would shake off their fears of another world , if they could . but why should some instances of this nature signifie more against religion , than the many remarkable examples of a godly , righteous and sober life among the clergy , to a stronger confirmation of it ? for they have had greater occasion of searching into all the considerable difficulties about religion , than others can pretend to ; and i do not know any that have imployed most time and pains about it , but have had greater satisfaction as to the truth and excellency of it . thus i have endeavoured to remove the most common prejudices of our times , against our profession . it would now be proper for me to give some particular directions to you , but that is so much the business of the following discourses , that i shall refer you to them ; and commend you to the grace and blessing of almighty god , that you may so carefully discharge your duties in this world , that it may advance your happiness in another . i am your affectionate friend and brother edw. wigorn . hartlebury c. apr. 23. 1698. errata . preface , pag. viii . lin . 7. read birinus . p. xii . l. 7. r. kington . p. 26. l. 21. after fraudes add & . p. 126. l. 11. r. birinus . p. 129. l. 9. r. wulstan . p. 142. l. 7. r. flocks they go to . p. 157. l. 17. after but , insert to perswade you . p. 226. l. 5. for more r. meer . p. 236. l. 9. for titles r. tithes . p. 241. l. 9. r. a●b●rdus . p. 254. l. 17. r. guthrun . p. 256. l. 17. for than r. as . the contents . case i. the bishop of worcester's charge to the clergy of his diocess , in his primary visitation , &c. p. 1. ii. of the nature of the trust committed to the parochial clergy , &c. p. 103. iii. of the particular duties of the parochial clergy , &c. p. 175. iv. of the maintenance of the parochial clergy by law , p. 229. v. of the obligation to observe the ecclesiastical canons and constitutions , &c. p. 325. to which is annexed a discourse concerning bonds of resignation , &c. a catalogue of books published by the right reverend father in god , edward lord bishop of worcester , and sold by henry mortlock at the phoenix in st. paul's church-yard . a rational account of the grounds of the protestant religion ; being a vindication of the lord archbishop of canterbury's relation of a conference , &c. from the pretended answer of t. c. the second edition . folio . origines britannicae , or the antiquities of the british churches , with a preface concerning some pretended antiquities relating to britain , in vindication of the bishop of st. asaph . folio . irenicum , a weapon-salve for the churches wounds . quarto . origines sacrae : or a rational account of the grounds of christian faith , as to the truth and divine authority of the scriptures , and the matters therein contained . the fifth edition , corrected and amended . quarto . the unreasonableness of separation , or an impartial account of the history , nature and pleas of the present separation from the communion of the church of england . quarto . a discourse concerning the idolatry practised in the church of rome , and the hazard of salvation in the communion of it , in answer to some papers of a revolted protestant , wherein a particular account is given of the fanaticism and divisions of that church . octavo . an answer to several late treatises occasioned by a book , entitled , a discourse concerning the idolatry practised of the church of rome , and the hazard of salvation in the communion of it : part i. octavo . a second discourse in vindication of the protestant grounds of faith , against the pretence of infallibility in the church of rome , in answer to the guide in controversie , by r. h. protestancy without principles , and reason , and religion ; or the certain rule of faith , by e. w. with a particular enquiry into the miracles of the roman church . octavo . an answer to mr. cressy's epistle apologetical to a person of honour , touching his vindication of dr. stillingfleet . octavo . a defence of the discourse concerning the idolatry practised in the church of rome , in answer to a book entitled , catholicks no idolaters . octavo . several conferences between a romish priest , a fanatick chaplain , and a divine of the church of england ; being a full answer to the late dialogues of t. g. octavo . the council of trent examin'd and disprov'd by catholick tradition , in the main points in controversie between us and the church of rome ; with a particular account of the times and occasions of introducing them . a discourse concerning the doctrine of christ's satisfaction ; or the true reasons of his sufferings , with an answer to the socinian objections , and a preface concerning the true state of the controversie about christ's satisfaction . octavo . second edition . a discourse in vindication of the doctrine of the trinity : with an answer to the late socinian objections against it , from scripture , antiquity and reason : and a preface concerning the different explication of the trinity , and the tendency of the present socinian controversie . octavo . second edition . the bishop of worcester's answer to mr. locke's letter concerning some passages relating to his essay of humane understanding , mention'd in the late discourse in vindication of the trinity . octavo . the bishop of worcester's answer to mr. locke's second letter , wherein his notion of idea's is proved to be inconsistent with it self , and with the articles of the christian faith. octavo . sermons preached upon several occasions , in three volumes in octavo . the effigies of the right reverend father in god , edward lord bishop of worcester , engraven on a copper-plate . price 6 d. the bishop of worcester's charge to the clergy of his diocese , in his primary visitation , begun at worcester , september 11 th . 1690. my brethren , this being my primary visitation , i thought it fitting to acquaint my self with the ancient as well as modern practice of episcopal visitations , and as near as i could , to observe the rules prescribed therein , with respect to the clergy , who are now summoned to appear . and i find there were two principal parts in them , a charge and an enquiry . the charge was given by the bishop himself , and was called admonitio episcopi , or allocutio ; wherein he informed them of their duty , and exhorted them to perform it . the enquiry was made according to certain articles drawn out of the canons , which were generally the same ; according to which the iuratores synodi ( as the ancient canonists call them ; or testes synodales ) were to give in their answers upon oath ; which was therefore called iuramentum synodale ; for the bishop's visitation was accounted an episcopal synod . the former of these is my present business ; and i shall take leave to speak my mind freely to you , this first time , concerning several things which i think most useful , and fit to be considered and practised by the clergy of this diocese . for , since it hath pleased god , by his wise and over-ruling providence , ( without my seeking ) to bring me into this station in his church , i shall esteem it the best circumstance of my present condition , if he please to make me an instrument of doing good among you . to this end , i thought it necessary in the first place , most humbly to implore his divine assistance , that i might both rightly understand , and conscientiously perform that great duty which is incumbent upon me ; for without his help , all our thoughts are vain , and our best purposes will be ineffectual . but god is not wanting to those who sincerely endeavour to know , and to do their duty ; and therefore in the next place , i set my self ( as far as my health and other occasions would permit ) to consider the nature and extent of my duty ; with a resolution not to be discouraged , altho i met with difficulties in the performance of it . for such is the state and condition of the world , that no man can design to to do good in it ; but when that crosses the particular interests and inclinations of others , he must expect to meet with as much trouble as their unquiet passions can give him . if we therefore consulted nothing but our own ease , the only way were to let people follow their humours and inclinations , and to be as little concerned as might be , at what they either say or do . for if we go about to rowze and awaken them , and much more to reprove and reform them , we shall soon find them uneasie and impatient ; for few love to hear of their faults , and fewer to amend them . but it is the peculiar honour of the christian religion , to have an order of men set apart , not meerly as priests , to offer sacrifices ( for that all religions have had ) but as preachers of righteousness , to set good and evil before the people committed to their charge ; to inform them of their duties , to reprove them for their miscarriages ; and that , not in order to their shame , but their reformation : which requires not only zeal , but discretion , and a great mixture of courage and prudence , that we may neither fail in doing our duty , nor in the best means of attaining the end of it . if we could reasonably suppose , that all those who are bound to tell others their duties , would certainly do their own , there would be less need of any such office in the church as that of bishops ; who are to inspect , and govern , and visit , and reform those who are to watch over others . but since there may be too great failings even in these ; too great neglect in some , and disorder in others ; too great proneness to faction and schism , and impatience of contradiction from mere equals ; therefore st. ierom himself grants , that to avoid these mischiefs , there was a necessity of a superiour order to presbyters in the church of god ; ad quem omnis ecclesiae cura pertineret , & schismatum semina tollerentur ; as he speaks , even where he seems most to lessen the authority of bishops . but whatever some expressions of his may be , ( when the bishop of ierusalem and the roman deacons came into his head ) his reasons are very much for the advantage of episcopal government . for can any man say more in point of reason for it , than that nothing but faction and disorder followed the government of presbyters , and therefore the whole christian church agreed in the necessity of a higher order , and that the peace and safety of the church depends upon it ; that if it be taken away , nothing but schisms and confusions will follow . i wish those who magnifie s. ierom's authority in this matter , would submit to his reason and authority both , as to the necessity and usefulness of the order of bishops in the church . but beyond this , in several places , he makes the bishops to be successors of the apostles , as well as the rest of the most eminent fathers of the church have done . if the apostolical office , as far as it concerns the care and government of churches , were not to continue after their decease , how came the best , the most learned , the nearest to the apostolical times , to be so wonderfully deceiv'd ? for if the bishops did not succeed by the apostles own appointment , they must be intruders and usurpers of the apostolical function ; and can we imagine the church of god would have so universally consented to it ? besides , the apostles did not die all at once ; but there were successors in several of the apostolical churches , while some of the apostles were living : can we again imagine , those would not have vindicated the right of their own order , and declared to the church , that this office was peculiar to themselves ? the change of the name from apostles to bishops , would not have been sufficient excuse for them ; for the presumption had been as great in the exercise of the power without the name . so that i can see no medium , but that either the primitive bishops did succeed the apostles by their own appointment and approbation , ( which irenaeus expresly affirms , qui ab apostolis ipsis instituti sunt episcopi in ecclesiis ) or else those who governed the apostolical churches after them , out-went diotrephes himself ; for he only rejected those whom the apostles sent ; but these assumed to themselves the exercise of an apostolical authority over the churches planted and setled by them . but to let us see how far the apostles were from thinking that this part of their office was peculiar to themselves , we find them in their own time , as they saw occasion , to appoint others to take care of the government of the churches , within such bounds as they thought fit . thus timothy was appointed by st. paul at ephesus , to examine the qualifications of such as were to be ordained ; and not to lay hands suddenly on any ; to receive accusations , if there were cause , even against elders ; to proceed judicially before two or three witnesses : and if there were reason , to give them a publick rebuke . and that this ought not to be thought a slight matter , he presently adds , i charge thee before god , and the lord iesus christ , and the elect angels , that thou observe these things , without preferring one before another , doing nothing by partiality . here is a very strict and severe charge for the impartial exercise of discipline in the church upon offenders . and although in the epistle to titus , he be only in general required to set in order the things that are wanting , and to ordain elders in every city , as he had appointed him ; yet we are not to suppose , that this power extended not to a iurisdiction over them when he had ordained them . for if any of those whom he ordained ( as believing them qualified according to the apostles rules ) should afterwards demean themselves otherwise , and be self-willed , froward , given to wine , brawlers , covetous , or any way scandalous to the church , can we believe that titus was not as well bound to correct them afterwards , as to examine them before ? and what was this power of ordination and iurisdiction , but the very same which the bishops have exercised ever since the apostles times ? but they who go about to unbishop timothy and titus , may as well unscripture the epistles that were written to them ; and make them only some particular and occasional writings , as they make timothy and titus to have been only some particular and occasional officers . but the christian church preserving these epistles , as of constant and perpetual use , did thereby suppose the same kind of office to continue , for the sake whereof those excellent epistles were written : and we have no greater assurance that these epistles were written by st. paul , than we have that there were bishops to succeed the apostles in the care and government of churches . having said thus much to clear the authority we act by , i now proceed to consider the rules by which we are to govern our selves . every bishop of this church , in the time of his consecration makes a solemn profession , among other things , that he will not only maintain and set forward , as much as lies in him , quietness , love and peace among all men ; but that he will correct and punish such as be unquiet , disobedient , and criminous within his diocese , according to such authority as he hath by god's word , and to him shall be committed by the ordinance of this realm . so that we have two rules to proceed by , viz. the word of god , and the ecclesiastical law of this realm . ( 1 ) by the word of god ; and that requires from us , diligence , and care , and faithfulness , and impartiality , remembring the account we must give , that we may do it with ioy and not with grief . and we are not meerly required to correct and punish , but to warn and instruct , and exhort the persons under our care , to do those things which tend most to the honour of our holy religion , and the church whereof we are members . and for these ends there are some things i shall more particularly recommend to you . ( 1. ) that you would often consider the solemn charge that was given you , and the profession you made of your resolution to do your duty at your ordination . i find by the provincial constitution of this church , that the bishops were to have their solemn profession read over to them twice in the year , to put them in mind of their duty . and in the legatine constitutions of otho , ( 22 h ▪ 3. ) the same constitution is renewed , not meerly by a legatine power , but by consent of the archbishops , and bishops of both provinces ; wherein i● is declared , that bishops ought to visi● their diocesses at fit times , correcting and reforming what was amiss , and sowing the word of life in the lords field ; and to put them the more in mind of it , they were twice in the year to have their solemn profession read to them . it seems then , that profession contained these things in it ; or else the reading that could not sti● them up to do these things . what the profession was which presbyters then made at their ordination , we have not so clear an account , but in the same council at oxford , 8 h. 3. i● is strictly enjoined , that all rector● and vicars should instruct the people committed to their charge , and fee● them , pabulo verbi dei , with the food of god's word ; and it is introduced with that expression , that they might excite the parochial clergy to be more diligent in what was most proper for those times . and if they do it not , they are there called canes muti : and lyndwood bestows many other hard terms upon them , which i shall not mention ; but he saith afterward , those who do it not , are but like idols , which bear the similitude of a man , but do not the offices proper to men. nay , he goes so far as to say , that the spiritual food of god's word is as necessary to the health of the soul , as corporal food is to the health of the body . which words are taken out of a preface to a canon in the decretals de officio iud. ordinarii , inter caetera . but they serve very well to shew how much even in the dark times of popery , they were then convinced of the necessity and usefulness of preaching . these constitutions were slighted so much , that in 9 edw. 1. the office of preaching was sunk so low , that in a * provincial constitution at that time , great complaint is made of the ignorance and stupidity of the parochial clergy , that they rather made the people worse than better . but at that time the preaching friars had got that work into their hands by particular priviledges , where it is well observed , that they did not go to places which most needed their help , but to cities and corporations , where they found most incouragement . but what remedy was found by this provincial council ? truly , every parochial priest four times a year was bound to read an explication of the creed , ten commandments , the two precepts of charity , the seven works of mercy , the seven deadly sins , the seven principal vertues , and the seven sacraments . this was renewed in the province of york , ( which had distinct provincial constitutions ) in the time of edw. 4. and here was all they were bound to by these constitutions . but when wickliff and his followers had awakened the people so far , that there was no satisfying them without preaching , then a new provincial constitution was made under arundel , archbishop of canterbury ; and the former constitution was restrained to parochial priests who officiated as curates ; but several others were authorized to preach ; as ( 1. ) the mendicant friars were said to be authorized iure communi , or rather privilegio speciali , ( but therefore lyndwood saith , it is said to be iure communi , because that privilege is recorded in the text of the canon law ) these were not only allowed to preach in their own churches , but in plateis publicis , saith lyndwood , out of the canon law ( wherein those words were expressed ) and at any hour , unless it were the time of preaching in other churches ; but other orders , as augustinians and carmelites , had no such general license . those preaching friars were a sort of licensed preachers at that time , who had no cures of souls ; but they were then accounted a kind of pastors . for io. de athon . distinguisheth two sorts of pastors ; those who had ecclesiastical offices , and those who had none , but were such only verbo & exemplo ; but they gave very great disturbance to the clergy , as the pope himself confesses in the canon law. ( 2. ) legal incumbents authorized to preach in their own parishes iure scripto . all persons who had cures of souls , and legal titles , were said to be missi à iure ad locum & populum curae suae , and therefore might preach to their own people without a special license ; but if any one preached in other parts of the diocess , or were a stranger in it , then he was to be examined by the diocesan , and if he were found tam moribus quam scientia idoneus , he might send him to preach to one or more parishes , as he thought meet ; and he was to shew his license to the incumbent of the place , before he was to be permitted to preach , under the episcopal seal . and thus , as far as i can find , the matter stood as to preaching , before the reformation . after it , when the office of ordination was reviewed and brought nearer to the primitive form ; and instead of delivering the chalice and patten , with these words , accipe potestatem offerre deo sacrificium , &c. the bishop delivered the bible with these words , take thou authority to preach the word of god , and to minister the holy sacraments in the congregation , &c. the priests exhortation was made agreeable thereto , wherein he exhorts the persons in the name of our lord jesus christ , to consider the weight and importance of the office and charge they are called to ; not barely to instruct those who are already of christ's flock , but to endeavour the salvation of those who are in the midst of this naughty world. and therefore he perswades and charges them from a due regard to christ , who suffered for his sheep , and to the church of christ , which is so dear to him , to omit no labor , care or diligence in instructing and reforming those who are committed to their charge . and the better to enable them to perform these things , there are some duties especially recommended to them , viz. prayer , and study of the holy scriptures , according to which they are to instruct others , and to order their own lives , and of those who belong to them . and that they might the better attend so great a work , they are required to forsake and set aside ( as much as they may ) all worldly cares and studies , and apply themselves wholly to this one thing , that they may save themselves and them that hear them . after which follows the solemn profession , wherein they undertake to do these things . this is that , my brethren , which i earnestly desire of you , that you would often consider . you are not at liberty now , whether you will do these things or not ; for you are under a most solemn engagement to it . you have put your hands to the plough , and it is too late to think of looking back ; and you all know the husbandman's work is laborious and painful , and continually returning . it is possible after all his pains , the harvest may not answer his expectation ; but yet if he neither plows nor sows , he can expect no return ; if he be idle and careless , and puts off the main of his work to others , can he reasonably look for the same success ? believe it , all our pains are little enough to awake the sleepy and secure sinners , to instruct the ignorant , to reclaim the vitious , to rebuke the profane , to convince the erroneous , to satisfie the doubtful , to confirm the wavering , to recover the lapsed ; and to be useful to all , according to their several circumstances and conditions . it is not to preach a sermon or two in a weeks time to your parishioners , that is the main of your duty ; that is no such difficult task , if men apply their minds as they ought to do to divine matters , and do not spend their retirements in useless studies ; but the great difficulty lies in watching over your flock , i. e. knowing their condition , and applying your selves uitably to them . he that is a stranger to his flock , and only visits them now and then , can never be said to watch over it ; he may watch over the fleeces , but he understands little of the state of his flock , viz. of the distempers they are under , and the remedies proper for them . the casuists say , that the reason why there is no command for personal residence in scripture , is , because the nature of the duty requires it ; for if a person be required to do such things which cannot be done without it , residence is implied . as a pilot to a ship , needs no command to be in his ship ; for how can he do the office of a pilot out of it ? let none think to excuse themselves by saying , that our church only takes them for curates , and that the bishops have the pastoral charge ; for by our old provincial constitutions ( which are still in force so far as they are not repugnant to the law of the land ) even those who have the smallest cures are called pastors ; and lyndwood there notes , that parochialis sacerdos dicitur pastor ; and that not meerly by way of allusion , but in respect of the care of souls . but we need not go so far back . for what is it they are admitted to ? is it not ad curam animarum ? did not they promise in their ordination , to teach the people committed to their care and charge ? the casuists distinguish a threefold cure of souls . 1. in foro interiori tantum , and this they say is the parochial cure. 2. in foro exteriori tantum , where there is authority to perform ministerial acts , as to suspend , excommunicate , absolve , ( sine pastorali curâ : ) and this archdeacons have by virtue of their office. 3. in utroque simul , where there is a special care , together with jurisdiction : this is the bishops . and every one of these , say they , secundum commune ius canonicum , is obliged to residence , i. e. by the common law ecclesiastical ; of which more afterwards . the obligation is to perpetual residence , but as it is in other positive duties , there may other duties intervene , which may take away the present force of it ; as care of health , necessary business , publick service of the king or church , &c. but then we are to observe that no dispensation can justifie a man in point of conscience , unless there be a sufficient cause ; and no custom can be sufficient against the natural equity of the case , whereby every one is bound from the nature of the office he hath undertaken . i confess the case in reason is different , where there is a sufficient provision by another fit person , and approved by those who are to take care that places be well supplied , and where there is not ; but yet , this doth not take off the force of the personal obligation , arising from undertaking the cure themselves , which the ecclesiastical law understands to be , not meerly by promise , but cum effectu , as the canonists speak ; which implies personal residence . not that they are never to be away ; non sic amarè intelligi debet , ut nunquam inde recedat , saith lyndwood ; but these words are to be understood civili modo , as he expresses it , i. e. not without great reason . there must not be , saith he , callida interpretatio , sed talis ut cessent fraudes negligentiae , i. e. there must be no art used to evade the law , nor any gross neglect of it . it 's true , the canonists have distinguished between rectories and vicarages , as to personal residence ; but we are to consider these things . 1. the canon law strictly obliges every one that hath a parochial cure to perpetual residence , and excepts only two cases , when the living is annexed to a prebend or dignity ; and then he who hath it , is to have a perpetual vicar instituted , with a sufficient maintenance . 2. after this liberty obtained for dignified persons to have vicars endowed in their places , the point of residence was strictly enjoined to them : and we find in the provincial constitutions a difference made between personatus and vicaria ; but this was still meant of a vicarage endowed . this was in the time of stephen langton , archbishop of canterbury ; and in another constitution he required an oath of personal residence from all such vicars , altho' the place were not above the value of five marks ; which , as appears by lyndwood elsewhere , was then sufficient for maintenance and hospitality . and to cover the shameful dispensations that were commonly granted to the higher clergy , under pretence of the papal power , the poor vicars by a constitution of otho , were bound to take a strict oath of continual residence ; and without it their institution was declared to be null . but even in that case the gloss there saith , that they may be some time absent for the benefit of the church or state ; but not for their own particular advantage . 3. the obligation in point of conscience remains the same , but dispensing with laws may take away the penalty of non-residence in some cases . ioh. de athon . canon of lincoln , who wrote the glosses on the legatine constitutions , doth not deny , but that rectors are as well bound to residence as vicars ; but these are more strictly tied by their oath ; and because a vicar cannot appoint a vicar , but a parson may . and altho' that name among some be used as a term of reproach , yet in former ages personatus and dignitas were the same thing ; and so used here in england in the time of henry ii. but afterwards it came to be applied to him that had the possession of a parochial benefice in his own immediate right ; and was therefore bound to take care of it . for the obligation must in reason be supposed to go along with the advantage ; however local statutes may have taken off the penalty . ii. when you have thus considered the obligation which lies upon you , to take care of your flock , let me in the next place recommend to you a plain , useful , and practical way of preaching among them . i mean such as is most likely to do good upon them ( which certainly ought to be the just measure of preaching . ) i do not mean therefore a loose and careless way of talking in the pulpit , which will neither profit you , nor those that hear you . he that once gets an ill habit of speaking extempore , will be tempted to continue it by the easiness of it to himself , and the plausibleness of it to less judicious people . there is on the other side , a closeness and strength of reasoning , which is too elaborate for common understandings ; and there is an affected fineness of expression which by no means becomes the pulpit : but it seems to be like stroaking the consciences of people by feathers dipt in oil. and there is a way of putting scripture-phrases together without the sense of them , which those are the most apt to admire , who understand them least : but for those who have not improved their minds by education , the plainest way is certainly the best and hardest , provided , it be not flat , and dry , and incoherent , or desultory , going from one thing to another , without pursuing any particular point home to practice , and applying it to the consciences of the hearers . and give me leave to tell you , that meer general discourses have commonly little effect on the peoples minds ; if any thing moves them , it is particular application as to such things which their consciences are concerned in . and here i must recommend to you the pursuing the design of his majesties letter , which hath been some time since communicated to you ; by it you are required to preach at some times on those particular vices which you observe to be most prevalent in the places you relate to , such as drunkenness , whoredom , swearing , profaning the lord's day , &c. if ever we hope to reform them , you must throughly convince them , that what they do is displeasing to god. and there are two sorts of men you are to deal with , 1. profane scoffers at religion . these seldom trouble you ; but if any good be to be done upon them , it is by plain and evident proofs of the good and evil of moral actions . for , as long as they think them indifferent , they will never regard what you say , as to the rewards or punishments of them . 2. stupid and senseless people , whose minds are wholly sunk into the affairs of the world , buying and selling and getting gain . it is a very hard thing to get a thought into them above these matters . and whatever you talk of meer religion , and another life , is like metaphysicks to them ; they understand you not , and take no care to do it : but if you can convince them , that they live in the practice of great sins , which they shall certainly suffer for , if they do not repent , they may possibly be awakened this way ; if not , nothing but immediate grace can work upon them ; which must work on the will , whatever becomes of the understanding . iii. after preaching , let me intreat you to look after catechizing and instructing the youth of your parishes . he that would reform the world to purpose , must begin with the youth ; and train them up betimes , in the ways of religion and virtue . there is far less probability of prevailing on those who have accustomed themselves to vicious habits , and are hardened in their wickedness . it seems strange to some , that considering the shortness of human life , mankind should be so long before they come to maturity ; the best account i know of it , is , that there is so much longer time for the care of their education , to instill the principles of virtue and religion into them , thereby to soften the fierceness , to direct the weakness , to govern the inclinations of mankind . it is truly a sad consideration , that christian parents are so little sensible of their duties , as to the education of their children ; when those who have had only natural reason to direct them , have laid so much weight upon it . without it , plato saith , that mankind grew the most unruly of all creatures . aristotle , that as by nature they are capable of being the best , so being neglected , they become the worst of animals , i. e. when they are brought up without virtue . education and virtue , saith he , is a great thing , yea , it is all in all , and without it they will be much worse than beasts . the main care of the education of children must lie upon parents ; but yet ministers ought not only to put them in mind of their duty , but to assist them all they can , and by publick catechizing , frequently to instruct both those who have not learned , and those who are ashamed to learn any other way . and you must use the best means you can to bring them into an esteem of it ; which is by letting them see , that you do it , not meerly because you are required to do it , but because it is a thing so useful and beneficial to them , and to their children . there is a great deal of difference between peoples being able to talk over a set of phrases , about religious matters , and understanding the true grounds of religion ; which are easiest learned , and understood , and remembred in the short catechetical way . but i am truly sorry to hear , that where the clergy are willing to take pains this way , the people are unwilling to send their children . they would not be unwilling to hear them instructed , as early as might be , in the way to get an estate , but would be very thankful to those who would do them such a kindness ; and therefore it is really a contempt of god and religion , and another world , which makes them so backward to have their children taught the way to it . and methinks those who have any zeal for the reformation , should love and pursue that which came into request with it . indeed the church of rome it self hath been made so sensible of the necessity of it , that even the council of trent doth not only require catechizing children , but the bishops to proceed with ecclesiastical censures against those who neglect it . but in the old provincial constitutions i can find but one injunction about catechizing ; and that is when the priest doubts whether the children were baptized or not ; and if they be born eight days before easter and whitsontide , they are not to be baptized till those days , and in the mean time they are to receive catechism . what is this receiving catechism by children , before they are eight days old ? it is well exorcism is joyned with it ; and so we are to understand by it the interrogatories in baptism : and lyndwood saith , the catechism is not only required for instruction in faith , but propter sponsionem , when the godfather answers , de fidei observantiâ . it is true , the canon law requires in adult persons catechizing before baptism ; but i find nothing of the catechizing children after it ; and no wonder , since lyndwood saith , the laity are bound to no more than to believe as the church believes ; nor the clergy neither , unless they can bear the charges of studying , and have masters to instruct them . this was good doctrine , when the design was to keep people in ignorance . for learning is an irreconcilable enemy to the fundamental policy of the roman church ; and it was that which brought in the reformation , since which a just care hath still been required for the instruction of youth ; and the fifty ninth canon of our church is very strict in it , which i desire you often to consider with the first rubrick after the catechism , and to act accordingly . iv. after catechizing , i recommend to you the due care of bringing the children of your parishes to confirmation . which would be of excellent use in the church , if the several ministers would take that pains about it , which they ought to do . remember that you are required to bring or send in writing , with your names subscribed , the names of all such persons in your parish , as you shall think fit to be presented to the bishop to be confirmed . if you take no care about it , and suffer them to come unprepared for so great , so solemn a thing , as renewing the promise and vow made in baptism , can you think your selves free from any guilt in it ? in the church of rome indeed great care was taken to hasten confirmation of children all they could : post baptismum quam citius poterint , as it is in our constitution provincial ; in another synodical , the parochial priests are charged to tell their parishioners , that they ought to get their children confirmed as soon as they can . in a synod at worcester , under walter de cantilupo , in the time of henry iii. the sacrament of confirmation is declared necessary for strength against the power of darkness ; and therefore it was called sacramentum pugnantium : and no wonder then that the parochial priests should be called upon so earnestly to bring the children to confirmation ; and the parents were to be forbidden to enter into the church , if they neglected it for a year after the birth of the child , if they had opportunity . the synod of exeter allowed two years , and then if they were not confirmed , the parents were to fast every friday , with bread and water , till it were done . and to the same purpose , the synod of winchester in the time of edw. i. in the constitutions of richard , bishop of sarum , two years were allowed , but that time was afterwards thought too long ; and then the priest as well as the parents was to be suspended from entrance into the church . but what preparation was required ? none that i can find : but great care is taken about the fillets to bind their heads to receive the unction , and the taking them off at the font , and burning them , lest they should be used for witchcraft , as lyndwood informs us . but we have no such customs , nor any ▪ of the reformed churches : we depend not upon the opus operatum , but suppose a due and serious preparation of mind necessary , and a solemn performance of it . i hope , by god's assistance , to be able , in time , to bring the performance of this office into a better method ; in the mean time i shall not fail doing my duty ; have you a care you do not fail in yours . v. as to the publick offices of the church , i do not only recommend to you a due care of the diligent , but of the devout performance of them . i have often wondred how a fixed and stated liturgy for general use , should become a matter of scruple and dispute among any in a christian church , unless there be something in christianity which makes it unlawful to pray together for things which we all understand beforehand to be the subject of our prayers . if our common necessities and duties are the same ; if we have the same blessings to pray , and to thank god for in our solemn devotions , why should any think it unlawful or unfitting to use the same expressions ? is god pleased with the change of our words and phrases ? can we imagine the holy spirit is given to dictate new expressions in prayers ? then they must pray by immediate inspiration ( which i think they will not pretend to , lest all the mistakes and incongruities of such prayers be imputed to the holy ghost ) but if not , then they are left to their own conceptions , and the spirits assistance is only in the exciting the affections and motions of the soul towards the things prayed for ; and if this be allowed , it is impossible to give a reason why the spirit of god may not as well excite those inward desires , when the words are the same as when they are different . and we are certain , that from the apostles times downwards , no one church or society of christians can be produced , who held it unlawful to pray by a set-form . on the other side , we have very early proofs of some common forms of prayer , which were generally used in the christian churches , and were the foundations of those ancient liturgies , which , by degrees were much enlarged . and the interpolations of later times , do no more overthrow the antiquity of the ground-work of them , than the large additions to a building , do prove there was no house before . it is an easie matter to say , that such liturgies could not be st. iames's or st. mark 's , because of such errors and mistakes , and interpolations of things and phrases of later times ; but what then ? is this an argument there were no ancient liturgies in the churches of ierusalem and alexandria , when so long since , as in origen's time we find an entire collect produced by him out of the alexandrian liturgy ? and the like may be shewed as to other churches , which by degrees came to have their liturgies much enlarged by the devout prayers of some extraordinary men , such as s. basil and s. chrysostom in the eastern churches . but my design is not to vindicate our use of an excellent liturgy , but to put you upon the using it in such manner , as may most recommend it to the people . i mean with that gravity , seriousness , attention , and devotion , which becomes so solemn a duty as prayer to god is . it will give too just a cause of prejudice to our prayers , if the people observe you to be careless and negligent about them ; or to run them over with so great haste , as if you minded nothing so much as to get to the end of them . if you mind them so little your selves , they will think themselves excused , if they mind them less . i could heartily wish , that in greater places , especially in such towns where there are people more at liberty , the constant morning and evening prayers were duly and devoutly read ; as it is already done with good success in london , and some other cities . by this means religion will gain ground , when the publick offices are daily performed ; and the people will be more acquainted with scripture , in hearing the lessons , and have a better esteem of the prayers , when they become their daily service , which they offer up to god as their morning and evening sacrifice ; and the design of our church will be best answered , which appoints the order for morning and evening prayer daily to be said , and used throughout the year . vi. as to the dissenters from the church ; the present circumstances of our affairs require a more than ordinary prudence in your behaviour towards them . it is to no purpose to provoke or exasperate them , since they will be but so much more your enemies for it ; and if you seem to court them too much , they will interpret your kindness to be a liking their way better than your own ; so that were it not for some worldly interest , you would be just what they are ; which is in effect to say , you would be men of conscience , if ye had a little more honesty . for they can never think those honest men , who comply with things against their consciences , only for their temporal advantage ; but they may like them as men of a party , who under some specious colours , promote their interest . for my own part , as i do sincerely value and esteem the church of england ( and i hope ever shall ) so i am not against such a due temper towards them , as is consistent with the preserving the constitution of our church . but if any think , under a pretence of liberty , to undermine and destroy it , we have reason to take the best care we can , in order to its preservation . i do not mean by opposing laws , or affronting authority , but by countermining them in the best way , i.e. by out-doing them in those things which make them most popular , if they are consistent with integrity and a good conscience . if they gain upon the people by an appearance of more than ordinary zeal for the good of souls , i would have you to go beyond them in a true and hearty concernment for them ; not in irregular heats and passions , but in the meekness of wisdom , in a calm and sedate temper ; in doing good even to them who most despitefully reproach you , and withdraw themselves and the people from you . if they get an interest among them by industry , and going from place to place , and family to family ; i hope you will think it your duty to converse more freely and familiarly with your own people . be not strangers , and you will make them friends . let them see by your particular application to them , that you do not despise them . for men love to value those who seem to value them ; and if you once slight them , you run the hazard of making them your enemies . it is some trial of a christians patience , as well as humility , to condescend to the weaknesses of others ; but where it is our duty , we must do it , and that chearfully , in order to the best end , viz. doing the more good upon them . and all condescension and kindness for such an end , is true wisdom as well as humility . i am afraid distance and too great stiffness of behaviour towards them , have made some more our enemies than they would have been . i hope they are now convinced , that the persecution which they complained lately so much of , was carried on by other men , and for other designs than they would then seem to believe . but that persecution was then a popular argument for them ; for the complaining side hath always the most pity . but now that is taken off , you may deal with them on more equal terms . now there is nothing to affright them , and we think we have reason enough on our side to perswade them . the case of separation stands just as it did in point of conscience , which is not now one jot more reasonable or just than it was before . some think severity makes men consider ; but i am afraid it heats them too much , and makes them too violent and refractary . you have more reason to fear now , what the interest of a party will do , than any strength of argument . how very few among them understand any reason at all for their separation ! but education , prejudice , authority of their teachers sway them ; remove these , and you convince them . and in order thereto , acquaint your selves with them , endeavour to oblige them , let them see you have no other design upon them , but to do them good ; if any thing will gain upon them , this will. but if after all , they grow more headstrong and insolent by the indulgence which the law gives them ; then observe , whether they observe those conditions on which the law gives it to them . for these are known rules in law , that he forfeits his privilege who goes beyond the bounds of it ; that no privileges are to be extended beyond the bounds which the laws give them ; for they ought to be observed as they are given . i leave it to be considered , whether all such who do not observe the conditions of the indulgence , be not as liable to the law , as if they had none . but there is a very profane abuse of this liberty among some , as tho' it were an indulgence not to serve god at all . such as these , as they were never intended by the law , so they ought to enjoy no benefit by it : for this were to countenance profaneness and irreligion , which i am afraid , will grow too much upon us , unless some effectual care be taken to suppress it . vii . there is another duty incumbent upon you , which i must particularly recommend to your care , and that is , of visiting the sick. i do not mean barely to perform the office prescribed , which is of very good use , and ought not to be neglected ; but a particular application of your selves to the state and condition of the persons you visit . it is no hard matter to run over some prayers , and so take leave ; but this doth not come up to the design of our church in that office : for , after the general exhoratation and profession of the christian faith , our church requires , that the sick person be moved to make special confession of his sins , if he feel his conscience troubled with any weighty matter ; and then if the sick person humbly and heartily desires it , he is to be absolved after this manner , our lord iesus christ , who hath left power in his church to absolve all sinners who truly repent and believe in him , &c. where the power of absolution is grounded upon the supposition of true faith and repentance ; and therefore when it is said afterwards , and by his authority committed to me , i absolve thee from the same , &c. it must proceed on the same supposition . for the church cannot absolve when god doth not . so that all the real comfort of the absolution depends upon the satisfaction of the person's mind , as to the sincerity of his repentance and faith in christ. now here lies the great difficulty of this office ; how to give your selves and the wounded conscience satisfaction , as to the sincerity of those acts ; i do not mean as to the sincerity of his present thoughts , but as to the acceptableness of his faith and repentance with god , in order to remission of sins . but what if you find the persons so ignorant , as not to understand what faith and repentance mean ? what if they have led such careless and secure lives in this world , as hardly ever to have had one serious thought of another ? is nothing to be done but to come and pray by them , and so dismiss them into their eternal state ? is this all the good you can , or are bound to do them ? i confess it is a very uncomfortable thing to tell men how they are to begin to live , when they are liker to die than to live ( and the people generally have a strange superstitious fear of sending for the minister , while there is any hope of recovery . ) but at last you are sent for ; and what a melancholy work are you then to go about ? you are , it may be , to make a man sensible of his sins , who never before considered what they were , or against whom they were committed , or what eternal misery he deserves by committing them . but i will suppose the best i can in this case , viz. that by your warm and serious discourse , you throughly awaken the conscience of a long and habitual sinner ; what are you then to do ? will you presently apply all the promises of grace and salvation to one whose conscience is awakened only with the fears of death , and the terrors of a day of judgment ? this , i confess , is a hard case ; on the one side , we must not discourage good beginnings in any ; we must not cast an awakened sinner into despair ; we must not limit the infinite mercy of god : but on the other side , we must have a great care of incouraging presumptuous sinners to put off their repentance to the last , because then upon confession of their sins , they can so easily obtain the churches absolution , which goes no farther , than truly repenting and believing . but here is the difficulty , how we can satisfie our selves that these do truly repent and believe , who are out of a capacity of giving proof of their sincerity by amendment of life ? i do not question the sincerity of their present purposes ; but how often do we find those to come to nothing , when they recover and fall into the former temptations ? how then shall they know their own sincerity till it be tried ? how can it be tried , when they are going out of the state of trial ? the most we can do , is to encourage them to do the best they can in their present condition , and to shew as many of the fruits of true repentance as their circumstances will allow ; and with the greatest humility of mind , and most earnest supplications to implore the infinite mercy of god to their souls . but besides these , there are many cases of sick persons , which require very particular advice , and spiritual direction , which you ought to be able to give them , and it cannot be done without some good measure of skill and experience in casuistical divinity . as , how to satisfie a doubting conscience , as to its own sincerity , when so many infirmities are mixed with our best actions ? how a sinner who hath relapsed after repentance , can be satisfied of the truth of his repentance , when he doth not know , but he may farther relapse upon fresh temptations ? how he shall know what failings are consistent with the state of grace , and the hopes of heaven , and what not ? what measure of conviction and power of resistance is necessary to make sins to be wilful and presumptuous ? what the just measures of restitution are in order to true repentance , in all such injuries which are capable of it ? i might name many others , but these i only mention to shew how necessary it is for you to apply your selves to moral and casuistical divinity , and not to content your selves barely with the knowledge of what is called positive and controversial . i am afraid there are too many who think they need to look after no more than what qualifies them for the pulpit ; ( and i wish all did take sufficient care of that ) but if we would do our duty as we ought , we must inquire into , and be able to resolve cases of conscience . for the priests lips should keep this kind of knowledge ; and the people should seek the law at his mouth ; for he is the messenger of the lord of hosts , mal. 2. 7. if this held in the levitical priesthood , much more certainly under the gospel , where the rates and measures of our duties are not to be determined by levitical precepts , but by the general reason and nature of moral actions . viii . among the duties of publick worship , i must put you in mind of a frequent celebration of the lord's supper . there is generally too great a neglect of this , which is the most proper part of evangelical worship . the duties of prayers and praises , are excellent and becoming duties , as we are creatures with respect to our maker and preserver . the duty of hearing the word of god read and explained , is consequent upon our owning it to be the rule of our faith and manners ; and all who desire to understand and practise their duty , can never despise or neglect it . but that solemn act of worship wherein we do most shew our selves christians , is the celebrating the holy eucharist . for , therein we own and declare the infinite love of god in sending his son into the world to die for sinners , in order to their salvation ; and that this is not only a true saying , but worthy of all men to be credited . therein , we lift up our hearts , and give thanks to our lord god ; we joyn with angels and archangels in lauding and magnifying his glorious name . therein , we not only commemorate the death and sufferings of our lord , but are made partakers of his body and blood , after a real , but sacramental manner . therein we offer up our selves to god , to be a reasonable , holy and lively sacrifice unto him . therein we adore and glorifie the ever blessed trinity ; and humbly implore the grace and assistance of our ever blessed mediator . and what now is there in all this , which is not very agreeable to the faith , hope and charity of christians ? nay , what duty is there , which so much expresses all these together , as this doth ? nor , whereby we may more reasonably expect greater supplies of divine grace to be bestowed upon us ? what then makes so many to be so backward in this duty , which profess a zeal and forwardness in many others ? if we had that warmth and fervor of devotion , that love to christ , and to each other , which the primitive christians had , we should make it as constant a part of our publick worship , as they did ; but this is not to be expected . neither did it always continue in the primitive church , when liberty , and ease , and worldly temptations made persons grow more remiss and careless in the solemn duties of their religion . s. chrysostom takes notice in his time of the different behaviour of persons , with respect to the holy ●●charist . there were some who pretended to greater holiness and austerity of life than others , who withdrew from the common conversation of mankind , and so by degrees from joining in the acts of publick worship with them . which did unspeakable mischief to christianity ; for then the perfection of the christian life , was not supposed to consist in the active part of it , but in retirement and contemplation . as tho' our highest imitation of christ lay in following him into the wilderness to be tempted of the devil ; and not in walking as he walked , who frequented the synagogues , and went about doing good . but this way of retirement happening to be admired by some great men , the publick worship came to be in less esteem ; and others upon reasons of a different nature , withdrew themselves from such acts of devotion as required a stricter attendance , and a more prepared temper of mind . and there were some who did abstain , because they were not so well satisfied with themselves as to their own preparations ; and such as these s. chrysostom seems to favour , rather than such who came often without due care , as to the whole course of their lives ; only out of custom , or out of regard to the orders of the church . from hence many thought it better to forbear , as long as they did it not out of contempt . and so by degrees the people were content to look on it as a sacrifice for them to be performed by others , rather than as an office , wherein they were to bear a part themselves ; at least , they thought once or thrice a year sufficient for them . and to this , as appears by our old provincial constitutions , they were forced by severe canons . when the reformation began , this disuse of this holy sacrament was looked on , by the chief reformers , as a great abuse and corruption crept into the church , which ought by all means to be reformed ; and the frequent celebration of it set up in the reformed churches . but unreasonable scruples in some , and misapprehensions in others , and a general coldness and indifference , as to matters of religion , have hitherto hindered the reviving this primitive part of devotion among us . i do not go about to determine the frequency in your parishes , which the scripture doth not as to the christian church , but supposes it to be often done ; but i may require you to take care that christ's institution be observed among you ; and that with your utmost care , both as to the decency and purity of it . the last thing i recommend to you all , is , to have a great care of your conversations . i do not speak it out of a distrust of you ; i hope you do it already : and your case will be so much worse , if you do it not , because you very well know how much you ought to do it . for the honour of god and religion , and the success of your ministry , as well as your own salvation , depend very much upon it . lead your flock by your example , as well as by your doctrine , and then you may much better hope that they will follow you ; for the people are naturally spies upon their ministers , and if they observe them to mind nothing but the world all the week , they will not believe them in earnest , when on the lords days they perswade them against it . and it takes off the weight of all reproof of other mens faults , if those they reprove have reason to believe them guilty of the same . i do not think it enough for a preacher of righteousness merely to avoid open and scandalous sins , but he ought to be a great example to others in the most excellent virtues which adorn our profession , not only in temperance and chastity , in iustice and ordinary charity , but in a readiness to do good to all , in forgiving injuries , in loving enemies , in evenness of temper , in humility and meekness , and patience , and submission to god's will , and in frequent retirements from the world , not meerly for study , but for devotion . if by these and such things you shine as lights among your people , they will be more ready to follow your conduct ; and in probability you will not only stop their mouths , but gain their hearts . for among all the ways of advancing the credit and interest of the church of england , one of the most succesful will be the diligent labours , and the exemplary lives of the clergy in it . but if men will not regard their own , or the churches interest in this matter ; if they will break their rules in such a manner , as to dishonour god , and the church , and themselves by it ; then you are to consider the next thing i was to speak to , which is , ii. what authority is given to us for the punishing offenders in our diocesses by the ecclesiastical law of this realm . for this we are to consider , that our authority herein is not derived from any modern canons or constitutions of this church ( altho' due regard ought to be shewed to them ) but from the ancient common law ecclesiastical in this realm , which still continues in force . for as there is a common law with respect to civil rights , which depends not on the feudal constitutions , altho' in many things it be the same with them ; but upon ancient practice , and general consent of the people from age to age. so , i say , there is a common law ecclesiastical , which altho' in many things it may be the same with the canon law , which is read in the books ; yet it hath not its force from any papal or legatine constitutions , but from the acceptance and practice of it in our church . i could easily shew ( if the time would permit ) that papal and legatine constitutions were not received here , altho' directed hither ; that some provincial constitutions never obtained the force of ecclesiastical laws ; but my business is to shew what did obtain and continue still to have the force of such ecclesiastical laws among us . by the statute of 25 h. 8. c. 19. it is declared , that such canons , constitutions , ordinances , and synodals provincial being already made , which be not contrariant nor repugnant to the laws , statutes , and customs of this realm , nor to the damage or hurt to the king's prerogative royal , shall now still be used and executed as they were afore the making of this act , &c. it 's true , a review was appointed , but such difficulties were found in it , as to the shaking the foundations of the ecclesiastical law here , that nothing was ever legally established in it ; and therefore this law is still in force . in the statute 25 h. 8. c. 21. it is said , that this realm recognizing no superiour under god but the king , hath been , and is free from subjection to any man's laws , but only to such as have been devised , made , and observed within this realm , for the wealth of the same : or to such other , as by the sufferance of the king and his progenitors , the people of this realm have taken at their free liberty , by their own consent , to be used amongst them , and have bound themselves by long use and custom to observance of the same , not as to the observance of the laws of any foreign prince , potentate , or prelate , but as to the customs and ancient laws of this realm , originally established , as laws of the same by the said sufferance , consent , custom , and none otherwise . all that i have now to do ; is to shew what authority the bishops had over the clergy by the ancient ecclesiastical law of this realm ; and what censu●es they were liable to for some particular offences . i. by the ecclesiastical law the bishop is iudge of the fitness of any clerk presented to a benefice . this is confessed by the lord coke in these words : and the examination of the ability and sufficiency of the person presented , belongs to the bishop , who is the ecclesiastical iudge , and in the examination he is a iudge , and not a minister , and may and ought to refuse the person presented , if he be not persona idonea . but this is plain to have been the ancient ecclesiastical law of this realm , by the articul . cleri in edw. ii. time , de idoneitate personae praesentatae ad beneficium ecclesiasticum pertinet examinatio ad iudicem ecclesiasticum , & ita est hactenus usitatum , & fiat in futurum . by the provincial constitutions at oxford in the time of hen. iii. the bishop is required to admit the clerk who is presented , without opposition , within two months , dum tamen idoneus sit , if he thinks him fit . so much time is allowed , propter examinationem , saith lyndwood ; even when there is no dispute about right of patronage . the main thing he is to be examined upon , is his ability to discharge his pastoral duty , as coke calls it ; or as lyndwood saith , whether he be commendandus scientia & moribus . as to the former , the bishop may judge himself ; but as to the latter , he must take the testimonials of others ; and i heartily wish the clergy would be more careful in giving them , by looking on it as a matter of conscience , and not meerly of civility ; for otherwise it will be impossible to avoid the pestering the church with scandalous and ignorant wretches . if the bishop refuses to admit within the time ( which by the modern canons is limited to twenty eight days after the presentation delivered ) he is liable to a duplex querela in the ecclesiastical courts , and a quare impedit at common law ; and then he must certifie the reasons of his refusal . in specot's case it is said , that in 15 hen. 7. 7 , 8. all the iudges agreed , that the bishop is iudge in the examination , and therefore the law giveth faith and credit to his iudgment . but because great inconveniencies might otherwise happen , the general allegation is not sufficient , but he must certifie specially and directly ; and the general rule is , and it was so resolved by the judges , that all such as are sufficient causes of deprivation of an incumbent , are sufficient causes to refuse a presentee . but by the canon law * more are allowed . in the constitutions of othobon , the bishop is required particularly to enquire into the life and conversation of him that is presented ; and afterwards , that if a bishop admits another who is guilty of the same fault for which he rejected the former , his institution is declared null and void . by the canon law , if a bishop maliciously refuses to admit a fit person , he is bound to provide another benefice for him ; but our ecclesiastical law much better puts him upon the proof of the cause of his refusal . but if the bishop doth not examine him , the canonists say it is a proof sufficient that he did it malitiosé . if a bishop once rejects a man for insufficiency , he cannot afterwards accept or admit of him ; as was adjudged in the bishop of hereford's case . if a man brings a presentation to a benefice , the bishop is not barely to examine him as to life and abilities , but he must be satisfied that he is in orders . how can he be satisfied , unless the other produce them ? how can he produce them , when it may be they are lost ? what is to be done in this case ? the canon is express , that no bishop shall institute any to a benefice , who hath been ordained by any other bishop , ( for if he ordained him himself , he cannot after reject him , because the law supposes him to have examined and approved him ) except he first shew unto him his letters of orders , and bring him a sufficient testimony of his fo●mer good life and behaviour , if the bishop shall require it ; and lastly , shall appear upon due examination to be worthy of the ministry . but yet in palmes and the bishop of peterborough's case , it was adjudged , that no lapse did accrue by the clerk's not shewing his orders , for the bishop upon his not coming to him again , collated after six months . but the court agreed , that the clerk ought to make proof of his orders ; but they differed about the manner of their proof . anderson said , the bishop might give him his oath . but if a proof were necessary , and the clerk did not come to make proof , it seems to me to be a very hard judgment . ii. the bishop by the ecclesiastical law , is to visit his diocess , and to take an account of the clergy how they behave themselves in the duties of their places . by the eldest canons i can find , the bishops visitation is supposed as a thing implied in his office ; whereby he is obliged to look after the good estate of his whole diocess , and especially of the clergy in it . in the time of hubert arehbishop of canterbury , in the beginning of king iohn's time , care is taken in the canons then made , that b●shops should not be burdensom to the clergy in the number of the attendants in their visitations , which then were parochial , and the number allowed of twenty or thirty horse , was too heavy for the clergy to bear . and therefore by degrees it was thought fit to turn that charge into a certainty , which was the original of procurations . by the fourth council of toledo , the bishop was to visit his whole diocess , parochially , every year . the gloss saith , if there were occasion for it ; and that the bishop may visit as often as he sees cause ; but if he be hindered , the canon saith , he may send others ( which is the original of the arch-deacon's visitation ) to see not only the condition of the churches , but the lives of the ministers . the council of braga in the latter end of the sixth century , makes this the first canon , that all bishops should visit their diocesses by parishes , and there should first examine the clergy , and then the people ; and in another canon he was required to receive only his cathedraticum , i. e. a certain sum in lieu of entertainment ; which came to be setled by prescription . the council of cavailon in france , a. d. 831. fixed no sum , but desired the bishops to be no burdens to the clergy in their parochial visitations . lyndwood saith , the ancient procuration here , was a day and nights entertainment ; which after came to be a customary payment : but however it was paid , it is an evident proof of the right of the bishops visitations by the ancient ecclesiastical law ; and by such a custom as is allowable by the rules of our common law. iii. there are some faults which make the clergy liable to deprivation by virtue of the ecclesiastical law , which was here received . i shall name only some of them , and conclude ; these being sufficient for my present purpose . i. excessive drinking . all drinking ( ad potus aequales ) was absolutely forbidden to clergymen , on pain of suspension after admonition ; not only by a synodical , but by a provincial constitution under edmund , archbishop of canterbury . the canon law saith in that case , ab officio vel beneficio suspendatur : but our constitution is more severe , à beneficio & officio . the council of oxford not only strictly forbids all clergymen whatever tends to gluttony and drunkenness ; but it requires the bishops to proceed strictly against those who are guilty , according to the form of the general council , i. e. the lateran , 4. viz. by admonition first , and then suspension . lyndwood complains , that this was not so much looked after as it should be , because it brought no profit ; i hope that reason will not hold among those who pretend to reformation ; which will be very defective , if it extend not to our lives as well as our doctrines : for there can be no greater reproach than to see those loose and dissolute in their conversations , who think it their honour to be ministers of a reformed church . it was a stinging reflection upon our church by the archbishop of spalato , ( who was no very strict man himself ) that he saw nothing reformed among us but our doctrines . i hope there was more of satyr than of truth in it ; for i do not question , but there were many then ( as there are now ) of exemplary lives , and unblameable conversations ; but if there be any others , it will be the more shame not to proceed against them ; since even before the reformation , the canons were so strict and severe in this matter . in the council at westminster in henry ii. time , under richard , archbishop of canterbury , all clergymen are forbidden going into taverns to eat or drink , unless upon travelling ; and the sanction of this canon is , aut cesset , aut deponatur . the same was forbidden in the council at york , in the time of richard i. in the council at london under hubert , in the time of king iohn . and since the reformation the same canon is renewed , that no ecclesiastical persons shall at any time , other than for their honest necessities , resort to any taverns or ale-houses . and there have been instances of the severity of our ecclesiastical censures against drunkenness in clergymen . in 8 iac. parker was deprived of his benefice for drunkenness , and moved for a prohibition , but it was denied him . in 9 iac. another was deprived for the same fault ; and the judges at common law allowed the sentence to be good . no doubt there are other instances , but we had not known of these , if they had not been preserved in books of reports . ii. incontinency . lyndwood saith , those who are proved to be guilty of it , are ipso iure privati ; but he thinks a declaratory sentence of the ecclesiastical judges necessary for the execution of it . since the reformation , we have instances of deprivation for adultery in our law books . one 12 eliz. another 16 eliz. a third 27 eliz. these are enough to shew that the ecclesiastical law is allowed by the judges of common law , to continue in sufficient force for deprivation in this case . iii. simony . which is the name given by the ecclesiastical law , to all contracts for gain in the disposing or obtaining any ecclesiastical promotion or ministry . it is true , these do not come up to the very sin of simon magus , which related to the immediate gifts of the holy ghost ; but because the whole ministerial office in all the parts of it ( especially the cure of souls ) is of a spiritual nature ; and all bargains are so repugnant to the design of it , therefore the ecclesiastical law hath fixed that detestable name upon it : for , all contractus non gratuiti in these things , savour of turpe lucrum , and tend to bring in turpe commercium into the church ; which would really overturn the whole design of that ministry , which was designed for the salvation of souls . and therefore it was necessary , that when persons had received ( by the favour of temporal princes and other benefactors , who were founders of churches ) such endowments as might encourage them in their function , that severe laws should be made against any such sordid and mischievous contracts . and such there were here in england long before the excellent stat. of 31 eliz. c. 6. although it seems the force of them was so much worn out , as to make that statute necessary for avoiding of simony ; which is there explained to be corruption in bestowing or getting possession of promotions ecclesiastical . in a council at london under lanfranc , in the conqueror's time , simony was forbidden , under the name of buying and selling of orders . and it could be nothing else before the churches revenue was setled : but in the time of henry i. ecclesiastical benefices were forbidden to be bought or sold , and it was deprivation then to any clergyman to be convicted of it ; and a layman was to be out-lawed , and excommunicated , and deprived of his right of patronage . and this was done by a provincial synod of that time . in the reign of henry ii. it was decreed , that if any person received any money for a presentation , he was to be for ever deprived of the patronage of that church ; and this was not meerly a provincial constitution , but two kings were present ( hen. ii. and his son ) and added their authority to it . this was not depriving a man of his free-hold by a canon , as a learned gentleman calls it ; for here was the greatest authority , temporal as well as ecclesiastical added to it . but we are told , these canons were of as little effect as that of othobon , which made all simoniacal contracts void ; but some of the most judicious lawyers have held , that simony being contractus ex turpi causâ , is void between parties . all that i aim at is to shew , that by our old ecclesiastical law , simoniacus incurred a deprivation and disability before the stat. 31. eliz. and therein i have the opinion of a very learned judge concurring with me . iv. dilapidations . by which the ecclesiastical law understands any considerable impairing the edifices , woods , and revenues belonging to ecclesiastical persons , by virtue of their places . for it is the greatest interest and concernment of the church to have things preserved for the good of successors ; and it is a part of common iustice and honesty so to do . and the lord coke positively affirms , that dilapidation is a good cause of deprivation . and it was so resolved by the judges in the kings bench , 12 iac. not by virtue of any new law or statute , but by the old ecclesiastical law. for which coke refers to the year-books , which not only shew what the ecclesiastical law then was , but that it was allowed by the common law of england ; and we are told , that is never given to change ; but it may be forced to it by a new law , which cannot be pretended in this case . and by the old constitutions here received , the bishops are required to put the clergy in mind of keeping their houses in sufficient reparations , and if they do it not within two months , the bishop is to take care it be done out of the profits of the benefice . by the injunctions of edw. vi. and queen elizabeth , all persons having ecclesiastical benefices , are required to set apart the fifth of their revenue to repair their houses ; and afterwards to maintain them in good condition . v. pluralities . by the ecclesiastical law , which was here received , the actual receiving institution into a second benefice made the first void ipso iure ; and if he sought to keep both above a month , the second was void too . lyndwood observes , that the ecclesiastical law had varied in this matter . and it proceeded by these steps , ( which are more than lyndwood mentions . ) i. it was absolutely forbidden to have two parishes , if there were more than ten inhabitants in them , because no man could do his duty in both places . and if any bishop neglected the execution of it , he was to be excommunicated for two months , and to be restored only upon promise to see this canon executed . ii. the rule was allowed to hold , as to cities , but an exception was made as to small and remote places , where there was a greater scarcity of persons to supply them . iii. if a man had two benefices , it was left to his choice , which he would have : but he could not hold both . this kind of option was allowed by the ecclesiastical law then in force . iv. that if he takes a second benefice , that institution is void , by the third council of lateran , under alexander 3. v. that by taking a second , the first is void ; which is the famous canon of the fourth lateran council . vi. that if he were not contented with the last , but endeavour to keep both , he should be deprived of both . and this was the ecclesiastical law as it was declared in our provincial constitutions . but the general practice was to avoid the former , according to the lateran council . these were very severe canons , but that one clause of the pope's dispensing power , made them to signifie little , unless it were to advance his power and revenue . for when the dispensing power came to be owned , the law had very little force ; especially as to the consciences of men. for if it were a law of god , how could any man dispense with it ? unless it were as apparent that he had given a power in some cases to dispense , as that he had made the law. those casuists are very hard put to it , who make residence iure divino , and yet say the pope may dispense with it ; which at last comes only to this , that the pope can authoritatively declare the sufficiency of the cause : so that the whole matter depends upon the cause ; whether there can be any sufficient to excuse from personal residence . it is agreed on all hands , that the habitual neglect of a charge we have taken upon our selves , is an evil thing , and that it is so to heap up preferments meerly for riches , or luxury , or ambition ; but the main question in point of conscience is , what is a sufficient cause to justifie any man's breaking so reasonable and just a rule as that of residence is . it cannot be denied , that the eldest canons of the church were so strict and severe , that they made it unlawful for any man to go from that church in which he first received orders ; as well as to take another benefice in it : and so for any bishop to be translated from that place he was first consecrated to ; as well as to hold another with it . but the good of the church being the main foundation of all the rules of it ; when that might be better promoted by a translation , it was by a tacit consent looked on , as no unjust violation of its rules . the question then is , whether the churches benefit may not in some cases make the canons against non-residence as dispensible , as those against translations ? and the resolution of it doth not depend upon the voiding the particular obligation of the incumbent to his cure ; but upon some more general reason with respect to the state of the church ; as being imployed in the service of it , which requires a persons having ( not a bare competency for subsistence , but ) a sufficiency to provide necessaries for such service : for those seem to have very little regard to the flourishing condition of a church , who would confine the sufficiency of a subsistence , meerly to the necessaries of life . but it seems to be reasonable , that clergymen should have incouragement sufficient , not only to keep them above contempt , but in some respect agreeable to the more ample provision of other orders of men. and by god's own appointment the tribe of levi did not fall short of any of the rest , if it did not very much exceed the proportion of others . we do not pretend to the privileges they had , only we observe from thence , that god himself did appoint a plentiful subsistence for those who attended upon his service . and i do not know what there is levitical or ceremonial in that . i am sure the duties of the clergy now require a greater freedom of mind from the anxious cares of the world , than the imployments of the priests and levites under the law. but we need not go so far back ; if the church enjoyed all her revenues as entirely , as when the severe canons against pluralities were made , there would not be such a plea for them , as there is too much cause for in some places , from the want of a competent subsistence . but since that time , the abundance of appropriations ( since turned into lay-fees ) hath extreamly lessened the churches revenues , and have left us a great number of poor vicarages , and arbitrary cures , which would hardly have afforded a maintenance for the nethinims under the law , who were only to be hewers of wood , and drawers of water . but this doth not yet clear the difficulty : for the question is , whether the subsistence of the clergy can lawfully be improved by a plurality of livings ? truly , i think this ( if it be allowed in some cases lawful ) to be the least desirable way of any ; but in some circumstances it is much more excusable than in others . as when the benefices are mean , when they lie near each other , when great care is taken to put in sufficient curates with good allowance ; when persons take all opportunities to do their duties themselves , and do not live at a distance from their benefices in an idle and careless manner . but for men to put in curates meerly to satisfie the law , and to mind nothing of the duties of their places , is a horrible scandal to religion and our church , and that , which if not amended , may justly bring down the wrath of god upon us . for the loosest of all the popish casuists look upon this as a very great sin , even those who attributed to the pope the highest dispensing power in this case . but when the great liberty of dispensing had made the ecclesiastical laws in great measure useless , then it was thought fit by our law-makers to restrain and limit it by a statute made 21 h. viii . wherein it is enacted , that if any person or persons having one benefice with cure of souls , being of the yearly value of eight pounds , or above , accept , or take any other with cure of souls , and be instituted , and inducted in possession of the same , that then , and immediately after such possession had thereof , the first benefice shall be adjudged to be void . and all licenses and dispensations to the contrary are declared to be void and of none effect . this , one would have thought , had been an effectual remedy against all such pluralities and dispensations to obtain them ; and this , no doubt , was the primary design of the law ; but then follow so many proviso's of qualified men to get dispensations , as take off a great deal of the force and effect of this law. but then it ought well to be consider'd , whether such a license being against the chief design of a law , can satisfie any man in point of conscience , where there is not a just and sufficient cause ? for , if the pope's dispensation , with the supposed plenitude of his power , could not satisfie a man's conscience without an antecedent cause , as the casuists resolve , much less can such proviso's do it . it is the general opinion of divines and lawyers , saith lessius , that no man is safe in conscience by the pope's dispensation for pluralities , unless there be a just cause for it . no man can with a safe conscience , take a dispensation from the pope for more benefices than one , meerly for his own advantage , saith panormitan ; and from him sylvester and summ. angelica . a dispensation , saith cardinal to-let , secures a man as to the law ; but as to conscience there must be a good cause for it ; and that is , when the church hath more benefit by it , than it would have without it . but the pope's dispensing power went much farther in point of conscience in their opinion , than that which is setled among us by act of parliament . for it is expressed in the statute of 21 hen. viii . that the dispensation is intended to keep men from incurring the danger , penalty , and forfeiture in the statute comprised . so that the most qualified person can only say , that the law doth not deprive him ; but he can never plead that it can satisfie him in point of conscience , unless there be some cause for it , which is of more moment to the church , than a man 's sole and constant attendance on a particular cure is . but this statute is more favourable to the clergy , than the canon law was before , in two particulars . 1. in declaring that no simple benefices , or meer dignities , as the canonists call them , are comprehended under the name of benefices , having cure of souls , viz. no deanary , archdeaconry , chancellorship , treasurership , chantership , or prebend in any cathedral or collegiate church , nor parsonage that hath a vicar endowed , nor any benefice perpetually appropriate . but all these before were within the reach of the canon law , and a dispensation was necessary for them : which shews , that this law had a particular respect to the necessary attendance on parochial cures , and looked on other dignities and preferments in the church , as a sufficient encouragement to extraordinary merit . 2. that no notice is taken of livings under the valuation of 8 l. which , i suppose , is that of 20 e. 1. for that of h. 8. was not till five years after that statute . but after that valuation it was to be judged according to it , and not according to the real value , as the judges declared 12 car. i. in the case of drake and hill. now here was a regard had to the poorness of benefices , so far , that the statute doth not deprive the incumbent upon taking a second living , if the former be under 8 l. the question that arises from hence is , whether such persons are allowed to enjoy such pluralities by law ; or only left to the ecclesiastical law , as it was before ? it is certain , that such are not liable to the penalty of this law ; but before any person might be deprived by the ecclesiastical law for taking a second benefice without dispensation , of what value soever the former were ; now here comes a statute , which enacts , that all who take a second benefice , having one of 8 l. without qualification , shall lose his legal title to the first ; but what if it be under ? shall he lose it or not ? not by this law. but suppose the ecclesiastical law before makes him liable to deprivation ; doth the statute alter the law without any words to that purpose ? the bishop had a power before to deprive , where is it taken away ? the patron had a right to present upon such deprivation ; how comes he to lose it ? and i take it for granted , that no antecedent rights are taken away by implications ; but there must be express clauses to that purpose . so that i conclude , the ancient ecclesiastical law to be still in force , where it is not taken away by statute . and thus , my brethren , i have laid before you the authority and the rules we are to act by ; i have endeavoured to recommend to you , the most useful parts of your duty , and i hope you will not give me occasion to shew what power we have by the ecclesiastical law of this realm to proceed against offenders . nothing will be more uneasie to me , than to be forced to make use of any severity against you . and my hearts desire is , that we may all sincerely and faithfully discharge the duties of our several places , that the blessing of god may be upon us all ; so that we may save our selves , and those committed to our charge . of the nature of the trust committed to the parochial clergy , at a visitation at worcester , october 21 st . 1696. my brethren , i have formerly , on the like occasion , discoursed to you of the general duties of your function , and the obligation you are under to perform them ; and therefore i shall now confine my discourse to these two things : i. to consider the particular nature of the trust committed to you . ii. the obligation you are under to your parochial cures . i. the first is necessary to be spoken to ; for while persons have only so confused and cloudy apprehensions concerning it , they can neither be satisfied in the nature of their duties , nor in their performance of them . and there is danger as well in setting them so high as to make them impracticable , as in sinking them so low as to make , not only themselves , but their profession contemptible . for the world ( let us say what we will ) will always esteem men , not meerly for a name and profession , but for the work and service which they do . there is , no doubt , a reverence and respect due to a sacred function on its own account ; but the highest profession can never maintain its character among the rest of mankind , unless they who are of it , do promote the general good , by acting suitably to it . and the greater the character is , which any bear , the higher will the expectations of others be concerning them ; and if they fail in the greatest and most useful duties of their function , it will be impossible to keep up the regard which ought to be shew'd unto it . we may complain as long as we please of the unreasonableness of the contempt of the clergy in our days , ( which is too general , and too far spread ) but the most effectual means to prevent or remove it , is for the clergy to apply themselves to the most necessary duties , with respect to the charge and trust committed to them . but here arises a considerable difficulty , which deserves to be cleared ; viz. concerning the just measures of that diligence which is required . for , there are some who will never be satisfied that the clergy do enough , let them do what they can ; and it is to no purpose to think to satisfie them who are resolved not to be satisfied : but on the other side , some care not how little they do , and the less , the better they are pleased with them ; and others again , have raised their duties so high , that scarce any man can satisfie himself that he hath done his duty . it is a matter therefore of the highest consequence to us , to understand , what rule and measure is to be observed , so as we may neither wilfully neglect our duty , nor despair of doing it . here we are to consider two things ; 1. how far the scripture hath determined it . 2. what influence the constitution of our church is to have upon us concerning it . 1. the scripture doth speak something relating to it , both in the old and new testament . in the old testament we have the duties enjoyned to the levitical priesthood , and the extraordinary commissions given to the prophets . as to the levitical priesthood , we can only draw some general instructions , which may be of use , altho' that priesthood hath been long since at an end ; christ being our high-priest after another order , viz. of melchisedeck ; and our duty now is to observe his laws , and to offer that reasonable service which he requires . but even from the levitical priesthood , we may observe these things . 1. that although the main of their duty of attendance respected the temple and sacrifices ; yet at other times they were bound to instruct the people in the law. for so moses leaves it as a special charge to the tribe of levi , to teach iacob his iudgments , and israel his law. and to incourage them to do it , they had a liberal maintenance , far above the proportion of the other tribes . for , by computation it will be found , that they were not much above the sixtieth part of the people ; for when the other tribes were numbred from twenty years old , they made six hundred thousand , and three thousand and five hundred and fifty . but the children of levi were reckoned by themselves from a month old ; and they made but two and twenty thousand ; so that if the males of the other tribes had been reckoned , as they were , it is agreed by learned men , who had no fondness for the clergy , that they did not make above a fiftieth or sixtieth part ; and yet they had near a fifth of the profits , besides accidental perquisites , as to sacrifices , and ransoms of the first-born . thus , say they , god was pleased to enrich that tribe which was devoted to his service . but it was not certainly , that they should spend their time in idleness and luxury , but that they might with the greater freedom apply themselves to the study of the law , that they might instruct the people . for the cities of the levites were as so many colleges dispersed up and down in the several tribes , to which the people might upon occasion , more easily resort . 2. that if the people erred thro' ignorance of the law , god himself laid the blame on those who were bound to instruct them . my people , saith god by the prophet , are destroyed for lack of knowledge . if people are resolved to be ignorant , who can help it ? had they not the law to inform them ? but it is observable , that the peoples errors are laid to the charge of the priests , and the punishment is denounced against them . because thou hast rejected knowledge , i will also reject thee , that thou shalt be no priest unto me . it seems the priests were grown careless and negligent , as to their own improvements ; they did not know to what purpose they should take so much pains in studying the law , and the difficult points of it ; they were for a freedom of conversation , and hoped to keep up their interest among the people that way . therefore isaiah call them shepherds that cannot understand ; but were very intent upon their profits , they all look to their own way , every one for his gain from his quarter . but this was not all , for the prophet charges them with a voluptuous , careless , dissolute life . come ye , say they , i will fetch wine , and we will fill our selves with strong drink , and to morrow shall be as this day , and much more abundant . was not this a very agreeable life for those who were to instruct the people in the duties of sobriety and temperance ? it was death for the priests by the law to drink wine or strong drink , when they went into the tabernacle of the congregation ; and the reason given is , that ye may put a difference between holy and unholy , and between unclean and clean ; and that ye may teach the children of israel all the statutes , which the lord hath spoken to thee by the hand of moses . which implies , that those who are given to drinking wine or strong drink , are very unfit to instruct others in the law of god. and god looked on them as such a dishonour to his worship , that he threatens immediate death to them that approached to his altar , when they had drank wine ; and the iews say , that was the reason why nadab and abihu were destroyed . and then god said , i will be sanctified in them that come nigh me . all nations have abhorred sottish and drunken priests , as most unfit to approach to god when they were not themselves ; or to offer sacrifices for others , when they made beasts of themselves . but this was not all ; for god required from them who were to teach others the law , that they should be always in a capacity of understanding and practising it themselves . but if we proceed to the prophets , nothing can be more dreadful , than what god saith to ezekiel , that if he did not warn the people as he commanded them , their blood will i require at thy hand . is this charge now lying upon every one of you , as to every person under your care ? who would not rather run into a wilderness , or hide himself in a cave , than take such a charge upon him ? but we must distinguish what was peculiar to the prophet's immediate commission to go to any particular person in god's name , from a general charge to inform persons in their duties , and to tell them the danger of continuing in their sins . if any fail for want of information , when you are bound to give it , the neglect must fall heavy , and therefore you are bound to take all just opportunities in publick and private to inform those under your care of such sins as you know them to be guilty of ; not with a design to upbraid , but to reform them . in the new testament the charge is general to feed the flock of god ; and to do it willingly , not for filthy lucre , but of a ready mind ; and to be examples to the flock . but st. peter , who gives this advice , doth not determine who belong to the flock ; nor within what bounds it is to be limited ; and there were many flocks in the iewish dispersion , and many elders scattered up and down among them in pontus , asia , galatia , cappadocia , and bithynia ; so that here we have only general and excellent advice for such who had care of the several flocks , to carry themselves towards them with great humility and tenderness , with charity and goodness , as those that made it their business to do good among them , and conduct them in the way to heaven . st. paul , in his charge to those whom he sent for to miletus , tells them , that they must take heed to themselves , and to all the flock , over which the holy ghost hath made them overseers , to feed the church of god , which he hath purchased with his own blood. it 's possible here might be a particular designation of the flock they were to oversee , by the direction of the holy ghost ; but yet the charge is general to take heed to themselves and to the flock , and to promote the good of the church of god , which christ hath purchased with his own blood. which are the most weighty considerations in the world to excite us to the utmost care and diligence in discharge of our duties . in the epistle to the thessalonians they are said to be over them in the lord , and to admonish them . in that to the hebrews , to watch for their souls , as they that must give an account . no doubt , very great care and watchfulness is required in all that take so great and solemn an office upon them ; but where are the bounds and limits set , as to the people , and nature of the duties required from them ? must every man be left to his own conscience and judgment , what , and how far he is to go ? or can we suppose all men equally careful of doing their duties , if no particular obligation be laid upon them ? some of the eloquent fathers of the church , as st. chrysostom , st. ierom , st. gregory nazianzen , and others , have allowed themselves so much in the flights of fancy , and figures of speaking about the height and dignity of the sacred function , as if they had a mind to discourage all men of modest and humble dispositions from undertaking it . i do not wonder that they ran into solitudes , and withdrew from the world upon it ; but i do wonder how they came from thence and undertook the same charge afterwards , without giving an answer to their own arguments . for the world remained just as it was when they left it . mankind were still as impatient of being governed , or told of their faults , as sickle and humoursom , as prone to evil , and untractable to good , as it was before . and could they hope it would ever mend by their running away from it ? or , was their duty become more easie by declining it ; i think it was very well for the church of god , that , notwithstanding their own many arguments , they took the sacred office upon them at last , and did god and the church good service in it . but if men were to judge by their writings upon this argument , one would think none but those who had a mind to be damned , would undertake it . and their great strains of wit and eloquence , if they had any force , would keep the best men out of the church , who were most likely to do god service in it ; and we need no other instances than these very persons themselves . and if all good , and humble , and conscientious men should for the sake of the hardness of the work , decline the church's service , and take any other lawful imployment , what would become of the church of god ? for none that had , or intended to keep a good conscience , could undertake the cure of souls ; and so they must be left to such as had no regard to their own ; but were either ignorant , stupid and senseless creatures , or such as regarded not their own salvation , who durst undertake such a task , as would not only add to their own guilt , but bring the heavy load of other mens faults upon them too . what is now to be done in this case ? hath god really imposed such a task upon all those who enter into this sacred function , that it is morally impossible for an honest man to discharge it with a good conscience ? how then can any such undertake it ? but if it may be done , what are those bounds and rules we are to observe , so as a good man may satisfie himself in a competent measure , that he hath done his duty ? ii. and this is that which i shall now endeavour to clear . for every one who is in orders , hath a double capacity : one with respect to the church of god in general ; another to that particular flock which is allotted to him , by the constitution of this church , and the law of the land. for although the nature of our duty in general be determined by the word of god , as i have already ready shewed , yet the particular obligation of every one to his own flock , is according to that power and authority , which by the rules and orders of this church is committed to him , and is fully expressed in the office of ordination . by which it plainly appears , that the care of souls committed to persons among us , is not an absolute , indefinite , and unaccountable thing ; but is limited , as to place , persons , and duties , which are incumbent upon them . they are to teach the people committed to their charge ; by whom ? by the bishop when he gives institution . they are to give private as well as publick monitions and exhortations , as well to the sick , as to the whle : what , to all ? no , but to those within their cure. they are to banish erroneous doctrines , and to promote peace and love , especially among them committed to their charge . and last of all , they are to obey those who have the charge and government over them . these things are so express and plain in the very constitution of this church , and owned so solemnly by every one that enters into orders , that there can be no dispute concerning them . and from thence we observe several things that tend to the resolution of the main point , as to the satisfaction of doing your duties , as incumbents on your several places . i. that it is a cure of souls limited as to persons and place , i.e. within such a precinct as is called a parish . ii. that it is limited as to power , with respect to discipline . therefore i shall endeavour to clear these two things : i. what the just bounds and limits of parochial cures are . ii. what is the measure of that diligence which is required within those bounds . as to the former , we are to begin with the limitation as to place . i. that it is a cure of souls limited within certain bounds which are called parishes , which are now certainly known by long usage and custom , and ought still to be preserved with great care ; for otherwise confusion and disputes will arise between several ministers , and several parishes with one another . for since the duties and the profits are both limited , it is necessary that those bounds should be carefully preserved , as they generally are by annual perambulations . but there are some who will understand nothing of this bounding of ministerial duties by distinct parishes , who think they are at liberty to exercise their gifts where-ever they are called ; and that it were better that these parochial inclosures were thrown open , and all left at liberty to chuse such whom they liked best , and under whom they can improve most . these things seem to look plausibly at the first appearance , and to come nearest to the first gathering of churches , before any such thing as parishes were known . but to me this arguing looks like persons going about now to overthrow all dominion and property in lands and estates , because it seems not so agreeable with the first natural freedom of mankind ; who according to the original right of nature , might pick and chuse what served most to their own conveniency . but although this were the first state of things , yet the great inconveniencies which followed it , upon the increase of mankind , made division and property necessary ; and altho' there be no express command of god for it , yet being so necessary for the good of mankind , it was not only continued every where , but those persons were thought fit to be punished by severe laws , who invaded the rights and properties of others , either by open violence and rapine , or by secret stealth and purloining i grant , that at first there were no such parochial divisions of cures here in england , as there are now . for the bishops and their clergy lived in common ; and before that the number of christians was much increased , the bishops sent out their clergy to preach to the people , as they saw occasion . but after the inhabitants had generally embraced christianity , this itinerant and occasional going from place to place , was found very inconvenient , because of the constant offices that were to be administred ; and the peoples knowing to whom they should resort for spiritual offices and directions . hereupon the bounds of parochial cures were found necessary to be settled here by degrees , by those bishops who were the great instruments of converting the nation from the saxon idolatry . but a work of this nature could not be done all at once , as by a kind of agrarian law , but several steps were taken in order to it . at first , as appears by bede , they made use of any old british churches that were left standing ; so augustin at first made use of st. martin's near canterbury , and after repaired christs-church , which were both british churches . but ethelbert gave all incouragement both to repair old churches and to build new. however , the work went on slowly ; augustin consecrated but two bishops , which were setled at london and rochester , where ethelbert built and endowed two churches for the bishops and their clergy to live together . in the western parts bicinus built several churches about dorchester , where his see was fixed . wilfred converted the south-saxons , and settled presbyters in the isle of wight , but they were but two . in the kingdom of mercia there were five diocesses made in theodore's time ; and putta , bishop of rochester , being driven from his see , he obtained from saxulphus , a mercian bishop , a church with a small glebe , and there he ended his days . in the northern parts we read of two churches built by two noblemen , ( puch and addi ) upon their own manors . and the same might be done elsewhere ; but bede would never have mentioned these , if the thing had been common . but in his epistle to egbert , archbishop of york , a little before his death he intimates the great want of presbyters and parochial settlements , and therefore earnestly perswades him to procure more . and if egbert's canons be genuine ( of which there are several ancient mss. ) the duties of presbyters in their several churches are set down : however , the work went not on so fast , but in his successor eanbaldus his time , the bishops were required to find out convenient places to build churches in ; and the same passed in the southern parts by general consent . in the council of cloveshoo , we read of presbyters placed up and down by the bishops in the manors of the laity , and in several parts distinct from the episcopal see ; and there they are exhorted to be diligent in their duties . in the times of edgar and canutus , we read of the mother churches , which had the original settlement of tithes , ( after they were given to the church by several laws ) and of the churches built upon their own lands by the lords of manors ; to which they could only apply a third part of the tithes . but in the laws of canutus , we find a fourfold distinction of churches . 1. the head church , or the bishop's see. 2. churches of a second rank , which had right of sepulture , and baptism , and tithes . 3. churches that had right of sepulture , but not frequented . 4. field-churches or oratories , which had no right of burial . the second sort seem to be the original parochial churches which had the endowment of tithes , and were so large , that several other churches were taken out of them by the lords of manors ; and so the parishes came to be multiplied so much , that in the laws of edward the confessor , c. 9. it is said , that there were then three or four churches , where there had been but one before . in this diocess i find by an epistle of wulston , bishop of worcester , to anselm , that before the conquest there were churches in vills , or upon particular manors that were consecrated . and if william the conqueror demolished six and thirty parish churches in the compass of the new forest , as is commonly said , there must be a very great number before the conquest ; although so few are said to appear in doomsday book ; ( yet there are many parochial churches of this diocess in it , above twenty in two deanaries ) but the normans almost ruined the parochial clergy , by seizing the tithes , and making appropriations of them . but in the saxon times the number still encreased , as lords of manors and others were willing to erect new churches , and to have a settled parochial minister among them , who was to take care of the souls of the people within such a precinct , as hath obtained the name of a parish . but parishes now are of a very different extent and value ; but the obligation which the law puts upon them , is the same ; only where the maintenance is greater they may have the more assistants . and from hence came the difference among the parochial clergy ; for , those whose parishes were better endowed , could maintain inferior clerks under them , who might be useful to them in the publick service , and assist them in the administration of sacraments . and this was the true original of those we now call parish-clerks ; but were at first intended as clerks-assistant to him that had the cure ; and therefore he had the nomination of them , as appears by the ecclesiastical law , both here and abroad . and lyndwood saith , every vicar was to have enough to serve him , and one clerk or more ; and by the canon-law , no church could be founded , where there was not a maintenance for assisting-clerks . in the synod of worcester , under walter cantelupe , in henry the third's time , they are called capellani parochiales , and the rectors of parishes were required to have such with them . and the canon law doth allow a rector to give a title to another to receive orders as an assistant to him ; and this without any prejudice to the patron 's right ; because but one can have a legal title to the cure. but lyndwood observes very well , that those who gives titles to others , as their assistants or curates , are bound to maintain them if they want . these are called vicarii parochiales , & stipendiarii ; but conductitii presbyteri , who are forbidden , were those who took livings to farm , without a title . but after appropriations came in , then there were another sort of vicars called perpetui , and were endowed with a certain portion of the temporalities , and were admitted ad curam animarum : but such could not personam ecclesiae sustinere in an action at law about the rights of the church , but as to their own right they might . but still there is another sort of vicars , who are perpetual , but not endowed any otherwise than the bishop did allow a congrua portio ; and this was in appropriations where the bishop consented only upon those terms , as they generally were so made , till the neglect made the statutes necessary , 15 r. 2. 6. and 4 h. 4. 12. the bishops were to make , or enlarge the allowance , say the canonists , after presentation , and before institution , and were to see that it were a sufficient subsistence . but there were some cures which had chapels of ease belonging to them ; and they who offiuated in them , were called capellani , and had their subsistence out of the oblations and obventions , and were often perpetual and presentative . and where the incumbents had several chapels of ease , and only assistants to supply them , the canon law doth not call them rectores , but plebani ; who had a sort of peculiar jurisdiction in lesser matters ; but still they were under the bishops authority in visitations and other ecclesiastical censures , because the care of the whole diocess belonged to him iure communi ; and so it was taken for granted in all parts of the christian world : and especially in this kingdom , where parochial episcopacy was never heard of till of late years . for , nothing can be plainer in our history , than what is affirmed in two of our laws , stat. of carlisle , 25 e. 1. and the stat. of provisors , 25 e. 3. that the church of england was founded in prelacy , or diocesan episcopacy . for our first bishops were so far from being confined to one church or town , that at first in the saxon-division of kingdoms , every bishop had his diocess equal with the extent of the kingdom , except in kent , where one suffragan to the archbishop at rochester was confirmed . the first conversion of the english nation to christianity from paganism , was by the diocesan bishops , who were sent hither from several parts , and the presbyters imployed by them ; and as the number of christians increased , the number of bishops did so too ; so that in the parts of mercia one diocess was divided into five , that they might the better look after the government of them ; and every bishop , as appears by the saxon-councils , was bound to see parochial churches built , and the clergy to be settled in them to attend upon the duties of their function among the people committed to their charge . that which i have aimed at in this discourse , was to shew , that the original constitution of this church , was episcopal ; but yet that the bishops did still design to fix a parochial clergy under them , as churches could be built and endowed . it remains now to shew , that this constitution of a parochial clergy , is more reasonable , than that of an unfixed , and unsettled clergy by law ; which will easily appear , if we consider , 1. the greater advantage as to unity , and real edification among the people . for this makes them to be as one body within certain bounds : and the people know whither to resort for publick worship and sacraments ; and the inconveniencies , as to the difference of mens abilities , is not so great , as the inconveniency of a broken , divided people , as to religion ; which always creates suspicions and jealousies , and generally contempt and hatred of each other . and i think every wise and good christian will consider , that which tends to peace and unity , is really more edifying than a far better talent of elocution , or the most moving way of exciting the fancies and passions of hearers . for , s. paul tells us , charity is beyond miraculous gifts . it is easie to observe , that the wisest methods are seldom the most popular ; because the generality of mankind do not judge by reason , but by fancy , and humour , and prejudices of one kind or other . from hence the heats of enthusiasm , and odd gestures , and vehement expressions , with no deep or coherent sense , take much more with ordinary and injudicious people , than the greatest strength and clearness of reason , or the soundest doctrine , and the most pious exhortation , if they be not set off in such a way as strikes their imaginations , and raises their passions . and this is that which such do commonly call the most edifying way of preaching , which is like the coming up of the tide with noise and violence , but leaves little effect ; whereas the other is like a constant stream which goes on in a steady and even course , and makes the earth more fruitful . the one is like a storm of thunder and lightning , which startles , and confounds , and amuses more ; but the other is like a gentle rain which softens and mellows the ground , and makes it more apt to produce kindly and lasting fruit. we are to judge of true edification , not by the sudden heat and motion of passions , but by producing the genuine effects of true religion ; which are fixing our minds on the greatest and truest good , and calming and governing our disorderly passions , and leading a godly , righteous and sober life . but we too often find violent and boisterous passions , an ungovernable temper , envy , strife and uncharitableness , growing up with greater pretences to zeal , and better ways of edification . i never expect to see the world so wise , as to have persons and things universally esteemed according to their real worth. for there will be a tincture in most persons , from temper , and inclination , and the principles of education ; but generally speaking matters of order and decency , and things which tend to a publick good , affect those most , who have the best judgment and temper ; and irregular heats , and disorderly methods of praying and preaching , those whose religion makes more impression upon their fancies , than their judgments , and is seen more in the inflaming their passions , than in keeping them in their due order . 2. there is a greater advantage as to discipline : for , if among the teachers they are under no bounds nor subjection to a superiour authority , it is very easie to avoid any kind of censure for the most corrupt doctrines or practices . we cannot boast much of the strict exercise of discipline among us ; and one great reason is , that many have more mind to complain of the want of it , than to do their endeavour to amend it . we hear of many complaints of the clergy in general , and sometimes by those who have more mind to have them thought guilty , than to prove them so , for fear they should acquit themselves , or at least the church should not bear the blame of their miscarriages . but we cannot proceed arbitrarily , we must allow them timely notice , and summon them to appear , and a just liberty of defence ; but if upon proof , and sufficient evidence we have not proceeded against them with the just severity of the law , then we ought to bear the blame , but not otherwise . but whatsoever personal neglects or faults there have been , or may be , my business is to shew , that our way is much better fitted for the just exercise of discipline , than that of independant congregations , altho' the managers of them pick and cull out the best they can for their purpose ; and one would think , when they had made choice of members to their mind , and bound them together by an explicit covenant , they should be very easie , and tractable , and submissive to their own discipline . but they have found the contrary by their sad experience ; they grow too heady and wilful to bear any such thing as strict discipline ; for when they had the courage to exercise it , their congregations were soon broken to pieces , and the several divided parts were for setting up new heads one against another , till at last they found it was much easier to be teaching than to be ruling elders . and so they have let the reins of discipline fall to keep their congregations together . but suppose the teachers should fall out among themselves ; as , to give a fresh and late remarkable instance : suppose some set up antinomianism , and preach such doctrines to the people or flocks before you , which others think of dangerous consequence , what is to be done in such a case ? they may send some brethren to enquire whether the matters of fact be true . suppose they find them true , what then ? what is to be done next ? it may be , some would have them come up to their brethren and answer to the accusations brought against them . but suppose they will not ; and others of the brethren say , they ought not ; and so fall into heats and disputes among themselves about it , and make new parties and divisions : is not this an admirable way of preserving peace , and order , and discipline in a church ? and i am as certain , this is not the way of christ's appointing , as i am , that god is the god of order , and not of confusion ; and that when christ left the legacy of peace to his church , he left a power in some to see his will performed . but these things can never be objected against us ; for all are members of the same body , and are governed by certain and known rules ; and if any be guilty of open violation of it , the way is open to accuse and prosecute them ; and if they be found guilty , the censures of the church will render them uncapable of doing it in such a station ; or at least , to bring them to confession of their fault , and promise of future amendment . and now i leave any one to judge , whether the parochial clergy are not under greater and better discipline , than the teachers of the separate congregations . ii. but the great complaint of such men is , that we want parochial and congregational discipline , so that faults should be examined and punished where they have been committed ; but instead of that , all matters are drawn into the ecclesiastical court , and there causes are managed so , as looks rather like a design to punish men in their purses , than for their faults ; and the delays are so great , that the court it self seems to be designed for penance , and grows very uneasie , even to those who are the members of our church . and some think that the proceeding against men upon articles of enquiry , not so agreeable to the rights and liberties of mankind . in answer to this , i shall consider , ( 1. ) the proceedings upon enquiry at visitations . ( 2. ) the method of proceeding in the ecclesiastical courts . ( 3. ) the inconveniencies of parochial discipline . 1. as to enquiries at visitations . they were grounded upon one of the main pillars of our law , viz. an ancient , immemorial custom founded upon good reason : in the first canons that ever were made in this church under theodore , archbishop of canterbury ; the second is , that every bishop is to look after the government of his own diocess , and not to invade anothers . and that in so doing they went about their diocesses in order to an enquiry and correction of miscarriages , is evident from the council under cuthbert , archbishop of canterbury , can. 3. 25. the first council at calechyth , can. 3. the constitutions of odo , archbishop of canterbury , can. 3. and the canon of edgar , can. 3. but in these saxon times , the visitations were annual , which were found inconvenient ; and therefore in the norman times , the archdeacons were taken into a part of the jurisdiction under the bishop , and visited those years the bishop did not . but we meet with no archdeacons with any kind of jurisdiction in the saxon times ; we read indeed sometimes of the name of archdeacons , but they had nothing to do in the diocess , but only attended the bishop at ordinations , and other publick services in the cathedral . lanfranc was the first who made an archdeacon with jurisdiction in his see. and thomas first archbishop of york , after the conquest , was the first who divided his diocess into archdeaconries ; and so did remigius , bishop of lincoln , his large diocess into seven archdeaconries , saith h. of huntingdon : and so it was with the rest ; of which there were two occasions , 1. the laying aside the corepiscopi in the western parts , as assuming too much to themselves . 2. the publick services which the bishops were more strictly tied to , as the king's barons in the norman times : which was the reason not only of taking in archdeacons , but likewise of archpresbyters or rural-deans , who had some inspection into the several deanaries , and assisted the bishop in such things , as they were appointed to do ; and then came in the other ecclesiastical officers , as vicars general , chancellors , commissaries , &c. for we read not of them here at all in the saxon times ; but about the time of hen. ii. the bishops took them for their assistance in dispatch of causes , when the king required their strict attendance on the publick affairs in the supreme court of parliament . 2. as to the method of proceeding in the ecclesiastical courts , it is no other than hath been continued here without interruption , till of late years , ever since the conquest . for the consistory-court , and the rules of proceeding there , were established by a law in the time of william the first . as far as i can find by king edward's laws , c. 4. the bishops did then proceed by the ecclesiastical laws , although they then sat in the county-court ; but this caused so much confusion , that william , by a general consent , and a charter directed to all the people of england , doth separate the ecclesiastical from the temporal courts ; which was enrolled as good law , 2 r. 2. upon occasion of a suit of the dean and chapter of lincoln ; and therefore the charter of remigius , bishop of lincoln , is more mentioned than others , but the same was to all the bishops and counties of england , as appears by other copies of it . thus the consistory-court was first established , as a distinct court from the county-court , which it was not in the saxon times , for then the bishop sate with the civil magistrate in the same court ; and ecclesiastical causes were first heard and decided there . it seems the people wer very unwilling to go to a new place ; and therefore the law is inforced with severe penalties for contempt . and those who object against the reasonableness of the method of proceeding in those courts , must reflect upon some of the wisest nations in the world , who have gone upon the same grounds , in all that have received the civil law , and upon some of the greatest courts at this time in the kingdom , as the chancery and admiralty , which go by the same fundamental rules . as to any objections which arise from the personal faults of those who are imployed in them , that reaches , i am afraid , to all courts ; and it ought to be the work and business of those who look after them , to do what in them lies , to reform them , that others faults may not be laid at their doors . 3. but for those who would have a parochial or congregational discipline set up , as much better , and more effectual , i shall desire them to consider , that since matters of discipline are such , as that in them the reputation and interest of persons is very much concerned , they ought not to be left to arbitrary proceedings of any persons , but they ought to be managed by the certain and common rules of justice ; since every man hath a right to defend himself , when he is accused . and unless there be known and established methods of proceeding agreeable to natural justice , and the laws of the land , nothing would be more grievous and intolerable than the common exercise of a parochial discipline . for , 1. it cannot be presumed , that there will be competent judges . for every one who hath a faculty of preaching , hath not a faculty of judging in such cases . and where discretion and a judgment of circumstances is wanting , an honest mind will not secure men from doing injury , and exposing their judicature to contempt . 2. they have no fixed and established rules of proceeding , as there are in the ecclesiastical courts , which have been continued down from time to time , and allowed by the laws of the land. and what miserable disorder must follow an arbitrary method , when humour , and will , and passion may over-rule justice , and equity , and conscience ? 3. they are not under the check of the law , as the ecclesiastical courts are . for , if they exceed their bounds , either as to the nature of the cause , or the manner of proceeding , they are liable to prohibitions from the king's courts of justice ; but the law can take no notice of parochial or congregational judicatures , and so men may suffer without remedy . 4. they have no way to judge of legal evidence , which is very material when a person is accused . it is one of the nicest points in all criminal proceedings to determine what is good and sufficient evidence . for several things are to be weighed , before either witnesses or testimonies can be allowed . as to witnesses , it is required that they be persons of reputation , and free from infamy of law and fact ; that they be disinterested , and so not liable to the just suspicion of partiality ; that they be men of discretion and sane memory ; and all reasonable exceptions are to be allowed against them . as to testimonies ; they must be by our law upon oath ; and what authority have such persons to give an oath , and why shall a man be liable to suffer by a testimony , without one , when the law requires it ? they must be deliberate , and not given in passion , consistent as to time , place , and other circumstances : they must be certain and positive , and not upon hear-say , or the believing of other persons : they must be free from any just suspicion of contrivance and conspiracy , or any sort of corruption or partiality . and now is every parochial minister , or select congregation fit to judge of these matters , whereon the reputation , and consequently the interest of every person may be so deeply concerned ? 5. they have no way to prevent a percipitate and hasty sentence . suppose a man be accused by one of interest and passion , who possesses others with the same opinion before-hand , and the judges are all prejudiced before the matter comes to be heard ; and in popular assemblies some few men sway the rest , what a case is a person accused unjustly in ? he hath no liberty for others that are not of the congregation , altho' more disinterested , either to come in to judge , or to plead for him : he can have no advocate to defend him , or to shew the weakness , or inconsistency of the evidence against him . in all ecclesiastical courts , they may sometimes proceed summarily , but even then the fundamental rules of the court must be observed , as to proofs and witnesses , or else the sentence is void ; but here the sentence will take place , altho' there hath not been the least colour of justice in the whole proceedings . 6. here is no settled course of appeals in case of a wrong sentence . but where men are liable to mistake and passion , a right of appeal is one of the fundamental parts of justice . and therefore independent and arbitrary courts of judicature , as all congregational churches are , are inconsistent with the common rights of mankind , and that due subordination which ought to be in all societies in order to the preserving order and justice among men. but suppose , parochial discipline so settled among us , as to allow a liberty of appeal , how would the trouble , and vexation , and expence be increased , by going from the parochial sentence to the bishop's court , and from thence still further ? so that if there be some inconveniencies in point of distance , for persons to be summoned to appear at first so far from home , yet there is some compensation by the less trouble and charges , if due care be taken to prevent delays , and unnecessary expences ; which ought to be done : and those who do make the greatest clamour against our courts , are rather willing they should continue such as they may have cause to complain of , than to do their endeavours to reform them . thus i have endeavoured to shew the just bounds and limits of parochial cures . ii. i now come to consider the just measure of that diligence which is required under those limits . for our church requires faithful diligence in preaching , and sacraments , and prayers , and reading the holy scriptures . if then we can understand what this faithful diligence implies , we may come to satisfie our selves whether we do our duty or not . 1. faithful diligence implies serious application of our minds to the main end and design of our holy function : which is to do good to the souls of men , especially to those committed to your charge . and an idle , careless , santering life ; or one too busie and distracted with the cares of the world , are not consistent with it . i do not go about to take you off from necessary business , and reasonable allowances , as to health and studies ; but that the doing good to your peoples souls , ought to be the principal and chief design of your thoughts , studies and endeavours . and if the people be satisfied that this is really your design among them , you will find , that your doctrine will be easier received , your persons esteemed , and your labours valued . it is possible , you may meet with a froward , peevish , self-willed people ; and it is hard when a man is only set to water and mend a hedge made up of briars and thorns ; the more pains he takes , the more scratches he may meet with ; but if it be your lot , be not discouraged from doing your duty : remember what sort of people the prophets were sent to , and what usage they had from them ; what hardships and reproaches christ and his apostles underwent from a very unkind world ; but a patient continuance in well-doing , gave them inward satisfaction in the midst of all , and did by degrees gain the christian doctrine access to the hearts of those who most opposed it . 2. it implies an honest and conscientious care of discharging the known and common duties of your function , as preaching , praying , catechizing , administring sacraments , visiting the sick , &c. a diligent person is one who neglects no good opportunities of doing his business , but watches for them , and studies to improve them to the best advantage . can those satisfie themselves that they use faithful diligence , who shamefully neglect their cures , and care not how seldom they come at them , nor how they are supplied , if they make a good bargain for their own advantage ? i cannot deny , but that according to the laws of the land , and the canons of this church , some persons are allowed to have two several cures , which must imply a non-residence for some time at least , upon one of them . but they still suppose , that there are persons resident upon them , who are allowed by the bishop to be sufficient to discharge the necessary duties of the place , and not to be taken up like post-horses , the next that comes , and to be turned off at the next stage . i think it a very great fault in those who have pluralities , that they look no more after the curates they imploy , and that they do not bring them to the bishop to be approved , and to have their allowance fixed , before they imploy them . they think no more is required but to pay the fees for a licence ; but i have , and shall endeavour to convince the clergy of this diocess , that licences are not to be taken as st. peter took the fish that first came with money in the mouth of it ; i hope to be able to satisfie them , that it is not the fees that we aim at , but at persons doing their duties . and our canons are express , that no curate is to be allowed in any cure of souls , that hath not been examined and admitted by the bishop or ordinary having episcopal jurisdiction , and attested by the hand and seal of the bishop . how then come curates to officiate without ever coming to the bishop at all , or undergoing any examination by him ? this is a plain breach of the canon , and ought to be reformed . i do not say , that such licences as have customarily passed without the bishop's hand and seal , are void ; but i do say , that they are irregular and voidable , and none ought to be allowed , which are not according to the canon ; and that no incumbent ought to take any one for his curate till the bishop hath allowed and approved him under his hand and seal . and this remedy the law gives us against the inconveniencies which attend pluralities by weak and insufficient curates ; but no man is excused either by law or canons from attending the duties of his place at some times in his own person , and that good part of the year ; in which time he ought to do the duties of his place with diligence and care ; and to acquaint himself with his parishioners , in order to the better discharge of his duty towards them . they have very mean thoughts of their holy function , that think the main part of it lies only in the pulpit ( i wish even that were minded more ) but all the ways you can do good among your people , is within the compass of your duty ; not meerly to instruct them in religion , but to prevent quarrels , and contentions , and meetings for debauchery , which tend to corrupt mens minds , and draw them off from the principles as well as practice of true religion : it is your duty to endeavour to make them live like good christians and good neighbours , and to set patterns your selves of sobriety , meekness , charity , and of every thing praise-worthy . 3. faithful diligence implies filling up your vacant hours with the most useful studies , as to the main end of your function . for in your ordination you solemnly promise to lay aside the study of the world and the flesh , and to apply your selves to the study of the scriptures , and such studies as help to the knowledge of the same . but it may be seasonably asked by some , what method and course of studies will best conduce to that end ? to this i shall endeavour to give a short answer so far as it concerns the main end of your function , which it is most proper for me to consider at this time . 1. look well to the temper of your minds , that it be humble , sober , and religious . for a vain , affected and self-opinionated person can never have an inward and hearty relish of divine truths . the scriptures will appear to him either too plain and easie , or too obscure and intricate ; some things will seem low and flat , and others too lofty and poetical . those who read not with a good mind , will have always something or other to cavil at . it is a mighty advantage in all spiritual knowledge to come to it with an unbiassed mind , free from the power of prejudice and evil inclinations . for these give a strange tincture to the mind , and hinder the clear and distinct perception of revealed truths , as above the natural faculties which god hath given us . some are therefore so fond of philosophical speculations , that unless the letter of the scripture suits with them , they are ready to despise it , and only shame and fear keep up any reverence for it in them . some are altogether for mathematical evidence and demonstration , as though the way to salvation were to be shewed by lines and figures ; why do they not first run down all laws and history , because they are not capable of mathematical evidence . and it argues a far greater measure of true understanding to know when to be satisfied , than to be always disputing and cavilling . the plainness of scripture in some places , is no more an offence to one that wisely considers the design of it , than a beaten road is to a traveller who desires to know which is the true way to his journeys end , and the plainer it is , the more he is satisfied with it . but the scripture wants not its depths , which require a very attentive and considering mind , and will afford matter for exercise of thoughts , and frequent and serious meditation . the excellency of the scripture is , that all necessary things are plain ; and such as are not so , although they are not necessary to be known for salvation , yet require our diligence to understand them ; and give great satisfaction as far as we can know them . 2. not to perplex your minds with difficulties above your reach , as in what relates to the eternal decrees , and the particular manner of that unity of the godhead which is consistent with the trinity of persons . for since the scripture doth assert both , we may safely be contented with what the scripture reveals , although the manner of it be incomprehensible . and as to the other the scripture is clear and positive , as to the moral parts of our duties ; and if we are to seek how to reconcile them with gods decrees , we have this certain rule to go by , that without doing our duty , we cannot be happy ; but we may without understanding how the freedom of our wills is consistent with the divine prescience and decrees . 3. not to fix plain and necessary duties upon new and unaccountable theories . as for instance ; there are no duties of greater consequence , than the love of god and our neighbour : but it would be unspeakable mischief to religion to fix the love of god upon so absurd a principle as his being the immediate cause of all sensation in us . and it would have made the christian doctrine ridiculous to found its fundamental precepts on extravagant notions , and mystical contemplations . and so for the love of our neighbours to allow only a love of benevolence and charity , and not of delight and complacency , is to make nice distinctions , where god hath made none . but to take away the love of complacency in friends and relations , and the blessings which god gives for the comfort of life , is to overthrow the due sense of god's goodness in giving them ; and to take away a great measure of that gratitude we owe to god for them . but when any seem very fond of such notions , and shew so much self-complacency in them ; it is impossible upon such principles that they should love their neighbours as themselves . 4. if you would understand the new testament aright , fix in your minds a true scheme of the state of the controversies of that . time , which will give you more light into the true knowledge of the scriptures , than large volumes of commentators , or the best systems of modern controversies . as what the iewish notions of justification by works , and expiation of sin , were ; and of god's decrees of election and reprobation as to themselves : and what the principles of the judaizing christians were , as to the joyning the law and the gospel , and the pythagorean superstition together . and what the gnosticks , who were professed libertines , held , as to grace , redemption , liberty , government , &c. all which tend very much to the clearing the sense of the new testament . 5. where the sense appears doubtful , and disputes have been raised about it , enquire into the sense of the christian church in the first ages , as the best interpreter of scripture ; as whether the apostles left bishops or presbyters to succeed them in the government of churches ; whether the apostles appointed the lords day to be observed as the day of publick worship ; whether baptism were not to be administred to infants as well as circumcision , both being seals of god's covenant ; whether divine worship doth not belong to christ , and were ●o● given to him in the hymns and doxologies of the primitive church ; and , whether divine worship can be given to any creature ; whether the form of baptism was not understood so , as to imply a trinity of persons ; and , whether all true christians were not baptized into this faith ; and consequently , whether denying the trinity be not renouncing christian baptism . these and many other such questions of great importance , receive great light from the writings of the first ages . but some rules may be very useful for right judging the sense of those times . 1. to distinguish the genuine and supposititious writings of that time. this hath been examined with so much care by learned men of this last age , that it is no hard matter to make a true judgment about them . 2. in those that are genuine , to distingush the sense of the church , delivered by them , from their own particular opinions ; the sense of the church is best known by publick acts , as by creeds , sacraments , hymns , prayers and censures of such as oppose or contradict them . 3. to put a difference between the authority of private persons , and of the bishops and governours of the church , who may be presumed to understand the sense of the church , and the doctrine of the apostles better than the other . and so clemens , ignatius , polycarp , theophilus , and irenaeus are more to be trusted , as to the sense and practice of the christian church , than such as hermes , and papias , and tatianus , who had neither the judgment nor the authority of the other . 4. that may be justly looked on as the sense of the church , which is owned both by the friends and the enemies of it . the enemies of christianity charged them with many things , which the apologists utterly denied . now we find pliny charging the christians with singing hymns to christ , as to god ; several christian writers of that time mention this , but never go about to soften , or to excuse , or deny it . and so we find lucian deriding the christians for the doctrine of three and one ; which the apologists of that time are so far from denying , that they assert and vindicate it , as appears by athenagoras and others . but these things i only touch at , to shew how the sense of the church is to be taken , and how from thence the sense of the scriptures may be cleared . of the particular duties of the parochial clergy , at a visitation , october 27 th . 1696. my brethren , as often as it pleases god in his wise providence to bring me among you in the ordinary course of my visitation , i cannot satisfie my self that i do my own duty , unless i put you in mind of doing yours . we live in an age , wherein the contempt of the clergy is too notorious not to be observed ; but the true reasons are not so well considered as they ought to be . some , to increase the contempt of the clergy , have given such reasons of it , as seem to make it a light and jesting matter ; but truly it is very far from being so : for the contempt of religion is oft-times both the cause and the effect of it . it is not at all to be wondred at , that those who hate to be reformed , should hate those whose duty and business it ought to be to endeavour to reform them . but when religion is struck at through our sides , we ought with patience to bear the wounds and reproaches we receive in so good a cause . wo be to us , if those who are enemies to religion , speak well of us : for it is a strong presumption that they take us to be of their side in our hearts , and that we are distinguished only by our profession , which they look on only as our trade . and we give too much occasion for such suspicions of us , if we do not heartily concern our selves for the honour and interest of true religion in the world , whatever we may suffer , as to our reputation , for the sake of it . it is possible , that if we go about to humour such persons in their infidelity and contempt of religion , we may escape some hard words for the present , but they cannot but have the greatest inward contempt and hatred of all those who live upon religion , and yet have not the courage to defend it . and what satisfaction can such have , when they reflect upon themselves , and think what occasion they have given to confirm such persons in their infidelity , and to make them think the worse of religion for their sakes . the best thing we can do to recover the honour of religion , and to set our profession above contempt , is to apply our selves seriously and conscientiously to do our duties . for if others find that we are in earnest , and make it our great business to do all the good we can , both in the pulpit , and out of it ; if we behave our selves with that gravity , sobriety , meekness and charity which becomes so holy a profession , we shall raise our selves above the common reproaches of a spiteful world ; and do what lies in us to stop the mouths at least , if not to gain the hearts of our enemies . for the real esteem which men have of others , is not to be gained by the little arts of address and insinuation , much less by complying with them in their follies ; but by a steady and resolute practice of our own duties , joyned with a gentle , and easie , and obliging behaviour to others , so far as is consistent with them . but a proud , supercilious , morose behaviour towards our greatest enemies , doth but make them much more so ; if any thing softens them , and makes them more tractable , it will be , joyning a firmness of mind , as to our plain duties , with humility and kindness in other matters . but what are these duties we are obliged to so much care in the performance of ? there is a twofold obligation lying upon us . i. that which is more general from the nature and design of our imployment ; which is the cure of souls ; and that requires great diligence and faithfulness , frequent recollection and consideration , serious application of our selves to divine studies and imployments ; a prudent use of the best methods for the convincing , reproving , directing and assisting those who are committed to our care. and all these are implied in the nature of our office , as it is set forth in holy scripture ; wherein we are described as laborers , and therefore must take pains , and not spend our time in vain and idle company : as teachers , and therefore ought to be stored with a good stock of knowledge our selves , and be ready to communicate it to others : as pastors , and so we ought to look after our flock , and not leave them to the careless management of others , who are not so concerned for their welfare , as we ought to be : as ambassadors from christ , and therefore we are bound to look after the business we are sent upon and the great weight and importance of it , as to your own salvation as well as others : as stewards of the mysteries of god , and the first thing required in them , is to discharge their trust honestly and faithfully , remembring the account they must give to god. but these , you may say , are only general things , and do not determine and limit our duties within certain bounds ; what is there which doth fix and determine our duties , as to the station we have in this church ? ii. i come therefore to the special duties , which by the ancient constitution of this church , and the ecclesiastical laws of it , are incumbent upon you . and you are to consider , that as the law hath taken care for your maintenance and subsistence in doing your duties ; so it doth suppose your careful performance of them , not only in regard to the general rule of conscience , but to that particular obligation you are under , as members of this church . and therefore i shall enquire into two things : i. the duties you are under this obligation to . ii. the incouragement which the law gives in consideration of it . i. the duties are of two sorts : 1. publick and solemn . 2. private and occasional . 1. publick and solemn ; and those either respect the time , or the duties themselves . 1. as to the times of solemn and publick worship , which are the weekly lord's days , and the other holy-days . 1. i begin with the observation of the lord's days ; which i shall now make appear to have been set apart for the solemn worship and service of god , especially by the clergy , from the first settlement of a parochial clergy in this church . in a provincial council held at cloveshoo or cliff , a. d. 747. the king and nobility being present ( where the archbishop and bishops assembled for regulating the worship of god in parochial churches then newly erected in many places ) the fourteenth canon is express , that the lord's day ought to be celebrated with due veneration , and devoted only to divine worship ( divino tantum cultui dedicatus ) and the presbyters are required to officiate in their several churches , both in preaching and praying ; and the people are required to let alone their common worldly affairs , and to attend the publick worship of god. the canons of egbert , archbishop of york , are as clear and full for the northern province , as the other for the southern , can. 104. that nothing is to be done on the lord's day , but what tends to the worship and service of god. and can. 36. that christ sanctified the lord's day by his resurrection . but because these canons of egbert will be often used , something ought to be observed to clear their authority . sir h. spelman saith , there are several ancient mss. of them . mr. selden owns the cotton ms. to be of the time of h. 1. but he suspects that another made the collection , and put it under his name . but it was no strange thing for the great bishops to make such a collection of canons ; for so it was done by theodore , archbishop of canterbury ; by theodulphus of orleans ; isaac lingonensis , chrodegangus , herardus , hincmarus , &c. and egbert was not only a great man , brother to the king of the northumbrians , but a great promoter of learning and ecclesiastical discipline , as appears by his dialogue about the latter , and the other by alcuin's epistles about him , and bede's epistle to him a little before his death . and the agreement between the capitulars and these canons , might come from alcuin's carrying them over into france with him . in the saxon canons , c. 24. it is said , that the lord's day on which our saviour rose from the dead , is to be devoted wholly to the service of god , excepting only works of necessity and charity . these canons are translated from those of theodulphus , bishop of orleans , a. d. 786. and it is observable , that as the christian religion prevailed in these northern parts , so the religious observation of the lord's day was enforced , as appears by the canons of the gallican church , as well as this . as in the famous canon of the council of mascon , a. d. 585. where the bishops assembled , complain of the neglect of the lord's day , and agree to put the people upon a stricter observance of it . and so before in the council of orleans , a. d. 538. but in both these canons they avoid a iewish superstition as well as profane neglect . they allowed both works of necessity and conveniency , and did not place the observation in a bare rest , but in attendance on the worship of god ; and forbad all manner of secular imployments which were inconsistent with it . nay , theodulphus his canon goes higher , tantummodo deo vacandum , the whole day ought to be spent in religious and charitable imployments . the greatest men in our saxon churches asserted the same . bede saith , that the apostles appointed the lord's day to be observed with religious solemnity , and therein we ought to devote our selves to the worship of god ; tantum divinis cultibus seviamus . and to the same purpose speaks alcuin , who was bred up under egbert , archbishop of york , and calls bede the greatest master of his time ; and in another place he saith , one seventh day is set apart among christians , as another had been among the iews for the service of god ; and that therein we ought to attend to the care of our souls , and to lead a spiritual life . bede distinguishes between the patriarchal and iewish sabbath . the latter he calls a carnal , and the other a spiritual sabbath ; the former lay in a strict abistnence from labour , but the other in prayer , and devotion , and spiritual contemplations . the iewish rest , he saith , was inutile , 〈◊〉 , & luxuriosum . for the 〈…〉 ●llowed recreations and sports on their sabbaths ; vacant ab opere bono , saith he , non ab opere nugatorio . vacant ad nugas , saith s. augustin ; but he saith , they had better plow or dig , than dance on that day , or sit in the theater . and he tells us , that the heathens objected against the iews , that they spent one day in the week in idleness . for they supposed the bare rest to be the sanctification of the day which was commanded ; and the spending any part of it in the publick worship , to be voluntary devotion . but the better sort of the iews thought the rest was appointed for the knowledge of the law , and spiritual imployments . so philo , iosephus , aben-ezra , kimchi , and menasseh ben israel . it seems most reasonable in this case to distinguish between the legal rest strictly required by the fourth commandment , and the original rest in remembrance of god's resting from the work of creation . the former was a sign between god and the people of israel , as it is often called in scripture ; and the other was a commemorative sign , but such as excited them to the worship of the creator ; and therefore the patriarchal sabbath , as bede observes , was of a spiritual nature . and such a spiritual sabbath , as s. augustin calls it , ought to be observed by christians in the duties of god's worship , as well as in spiritual and holy thoughts . but the iewish sabbath , he often-saith , doth not oblige christians . i the rather mention him , because bede followed his doctrine herein ; and that of gregory i. who was the great instrument of promoting the conversion of our ancestors to christianity . and he declares himself fully , both as to the cessation of the iewish sabbath , and the religious observation of the lord's day . it seems there were some then , as there are among us now , who were for the strict observation of the saturday-sabbath . but gregory saith , they might as well insist upon circumcision and sacrifices , as the iewish sabbath . but yet he adds , we ought on the lord's day to abstain from worldly imployments , and devote our selves unto prayers , that we may make some amends for the weeks negligence , by the devotions on that day . and this devoting the lord's day to the service of god , is entred into the body of the canon law ; and taken out of ivo , and by him from the canons of the gallican church , as appears by several councils . our lyndwood mentions that canon as in force here , die dominicâ nihil aliud agendum , nisi deo vacandum . and he takes some pains to explain it , by distinguishing , 1. works servile materially and formally , as plowing , sowing , markets , law-days , &c. these are generally forbidden . 2. acts spiritual materially and finally , as all acts of piety and devotion , and these we ought to attend upon with care and diligence . 3. acts not servile in themselves , but done for a servile end , as studies and designs for gain . 4. acts servile in themselves , but not so in their end ; as the man's taking up his couch on the sabbath-day , whom christ cured . he affirms , that there is a moral part in the fourth commandment , which , he saith , is a spiritual rest , or a time set apart for god's service : which he takes from aquinas , who saith the substance of the command is moral ; but he doth not make it to be one day in seven , but some determinate time , which , he saith , the church may appoint ; but then it must be imployed in the service of god ( vacare rebus divinis ) as things were said to be sanctified under the law , which were applied to god's service . but notwithstanding this judgment of aquinas , some great men in the church of rome have thought one day in seven , moral ; and that the proportion which god himself had appointed , cannot be lessened . for altho' mankind could not by natural reason find out the proportion , yet being once revealed , it doth not cease to oblige , unless something figurative and symbolical , or peculiar to the iewish nation be discovered in it . bellarmin makes that the reason of the institution of the lord's day , because god's law required that one day in seven should be set apart for the worship of god ; but the apostles thought it not fit to observe the iewish sabbath , and therefore changed it into the lord's day . covarruvias saith , that all divines agree with aquinas , that there is something moral in the fourth command , which continues to oblige ; and that the lord's day is of divine institution . and to him the roman editors of the canon law referr , as to this matter . azorius confesseth , that the observation of the lord's day hath something of the divine and natural law in it , which requires one day in a week should be consecrated to the service of god , and that it is most agreeable to reason . and he adds , that panormitan , sylvester , and other canonists held the lord's day to be of divine institution . suarez saith , that the church doth observe one day in seven by virtue of the divine law ; that proportion being so agreeable to natural reason , that it cannot be altered . thomas waldensis , who lived here in the time of h. 5. observes , that even then there were two extreams in mens opinions about the observation of the lord's day ; some allowed no kind of work , and others , any . but he shews , that the law of nature requires some solemn days for divine worship ; and that then there ought to be a rest from other labours , because they hinder the mind from that attention necessary to the service of god : and necessary works are left to a few , that others may be more at liberty . in the saxon laws we find many against the profanation of the lord's day by slavish imployments , by markets and trading , by folkmotes and law-suits , &c. so that great care was taken then , that the lord's day should be duly observed . after the norman times , we have several constitutions to inforce the strict observation of the lord's day . in the time of h. 6. hubert de burgo saith , that custom may derogate from other holy-days , but not from the lord's day ; because they are not commanded by god , as that is . since the reformation our book of homilies goes upon the same grounds which were used in the saxon times , viz. that the iewish sabbath doth not oblige us ; but however to observe the like proportion of time , and devote it to the service of god. mr. hooker saith , that we are to account the sanctification of one day in seven a duty which god's immutable law doth exact for ever . but what is meant by this sanctification of one day in seven ? if it be understood according to the old canons , it will fill scrupulous minds with more doubts and fears about the right observation of it . origen saith , the observation of the christian sabbath lies in these things ; 1. a forbearance of worldly business . 2. attendance on the publick worship . 3. divine meditation on things invisible and future . haec est observatio sabbati christiani . and in another place , he requires besides publick worship , private meditation and reading the holy scriptures . s. chrysostom insists very much upon the same in several places , and on different occasions . and altho' it be in his popular sermons , yet he would certainly not put them upon any thing , but what he thought very fit to be done . and they must have a mean opinion of him , who think his eloquence carried him too far in this matter . i shall conclude with the opinion of lyndwood , a learned and judicious canonist ; and he observes a threefold sanctification of the lord's day . 1. by abstinence from sin , which is necessary at all times . 2. by abstinence from such bodily labours as hinder the mind's attendance upon god's service . 3. by the whole imployment of our minds in divine matters ; and this he calls the perfect observation of it . these things i have the more largely insisted upon , to shew , that the religious observation of the lord's day , is no novelty started by some late sects and parties among us , but that it hath been the general sense of the best part of the christian world , and is particularly inforced upon us of the church of england , not only by the homilies , but by the most ancient ecclesiastical law among us . but this is not all , for the ancient as well as modern canons require the observation of holy-days likewise . the canons of egbert require not only prayers , but preaching then , can. 1. 3. the council of cloveshoo , can. 13. distinguishes the holy-days relating to our saviour , from the rest ; and saith , they are to be observed in a solemn and uniform manner , and the rest according to the roman martyrology ; which , i suppose , were those repeated then in the diptychs of the church ; which custom continued longer at rome , than in other churches ; but it was generally disused before the time of charles the great . the custom in rome , in gregory's time , was to observe the saints days with the solemn service at one church , as appears by his homilies on the evangelists , which were many of them preached on those occasions ; as of s. felicitas , hom 3. s. agnes , hom. 11 , 12. s. felix , hom. 13. s. pancrace , hom. 27. &c. and of others who were roman martyrs ; and therefore had a particular solemnity appointed for them . but as to other saints days , it appears by the antiphonarius and sacramentary of gregory i. that they had particular anthems and collects proper for them in the offices of the day ; but i do not find that the generality of the people were so strictly tied up , when the offices were over , as they were on the lord's days , and the greater festivals relating to our saviour . in the council of cloveshoo , can. 13. i observe , that the natalitia sanctorum , i.e. the anniversary saints days , were observed with particular psalmody and anthems ; and can. 17. the days of gregory and augustin , the two great instruments of converting the nation , were only to be kept as holy-days by the clergy , without any particular obligation on all the people . so that the holy-days of strict observation then , seem to have been no other than those which relate to our saviour , called dominicae dispensationis in carne festivitates ; the rest had some proper offices which were performed on their days ; but the people were to attend them , as well as they could ; but after there was not this strictness required , as upon the greater holy-days ; and as it was in the church of rome afterwards , when they made the obligation of conscience to extend to all holy-days appointed by the church . but it is observable , ( 1. ) that this obligation is taken from those canons which mention only the lord's day , as appears by bellarmin . ( 2. ) that they kept up the distinction of greater and lesser holy-days . ( 3. ) that they allow the bishop to dispense , as to some works on holy-days . lyndwood observes , that the abstinence from work is not alike , but as the church hath required it ; and that if a bishop's licence cannot be had , a less will serve . our church , can. 13. requires holy-days to be observed with works of piety , charity , and sobriety ; but gives no rule as to abstinence from works , or the strict obligation of conscience . 2. i now come to the particular duties of the clergy on the days which are solemnly devoted to the service of god. 1. the constant and devout attendance upon , and solemn reading the prayers of the church , as they are appointed . in the old saxon canons the presbyters are required to officiate constantly at prayers in their churches ; so in the council at cloveshoo ; can. 8. the canons of egbert , can. 2. canons of edgar , can. 45. but how if the people will not come to the prayers ? you ought , what lies in you , to remove the causes of such neglect ; which arises generally from these things ; either a gross stupidity and regardlesness of religion , which is too common in the world , or from prejudice and principles of education , or the interest of a party ; or from not reading the prayers with that attention and devotion which is fit to raise an esteem of them . the other two , you ought to do what you can to remove ; but this is your own fault if you do it not . we are not to please the fancies of people by an affected variety of expressions in prayers ; but we ought to do what we can to excite their affections , which is done as much by the due manner of reading , as by figures in speaking . and the people are uneasie at staying , when they see the minister read them so fast , as though he minded nothing so much as to be at the end of them ; or when he mangles them so , as if he had a mind to make the people out of love with them . 2. the next duty is preaching ; and truly that need to be looked after , when the esteem of our profession depends so much upon it . we have none of those methods which those on both sides make so much use of ; we can neither comply with the people in gestures , and phrases , and enthusiastick heats , nor with the superstitious devotions and priest-craft of others . of all churches ours hath the least reason to be charged with it , since they let go so many advantages over the people by the reformation . thanks be to god , we have scripture , and reason , and antiquity of our side ; but these are dry and insipid things to the common people , unless some arts be used to recommend them . but since our main support lies in the honesty and justice of our cause , without tricks and devices , we ought to look very well to that part of our profession which keeps up any reputation among the people ; and that is preaching . those who are so weak or lazy , as to be glad to have that laid aside too , in a great measure , never well considered the design of our profession , or the way to support it . it 's true , for some time preaching was an extraordinary thing in the church ; and none but great and eloquent men of authority in the church were permitted to preach , and the greatest bishops were then the preachers , as appears by the sermons of s. ambrose , s. chrysostom , s. augustin , &c. and even some of the bishops of rome , whatever sozomen saith , were frequent preachers , as appears by gregory's homilies on ezekiel and the gospels . and if it were not then practised he did very ill to complain of the burden of it , and the danger of neglecting it . but in other churches while the bishop and the presbyters lived together , before parochial cures were settled , the presbyters had no constant office of preaching , but as the bishops appointed them occasionally . but afterwards , when the presbyters were fixed in their cures , they were required to be very diligent and careful in preaching , or instructing the people committed to their charge , as may be seen in many early canons of the gallican church ; and so it was here in england : council of cloveshoo , c. 8. 14. egbert , can. 3. and that not only in the moving way in the pulpit , but in the familiar and instructing way , which we call catechizing ; concil . cloveshoo , c. 11. can. egbert . 6. both ought to be done , because they are both very useful . the principles and foundations of religion must be well laid , to make the people have any taste or relish of preaching ; otherwise it is like reading mathematicks to those who understand not numbers or figures . erasmus observes , that the sense of religion grows very cold without preaching ; and that the countess of richmond , mother to h. 7. had such a sense of the necessity of it in those times , that she maintained many preachers at her own charges , and imployed bishop fisher to find out the best qualified for it . and since the reformation the church of rome hath been more sensible of the necessity of it , as appears by the council of trent . cardinal borromeo , one of the most celebrated saints since that time , frequently insists upon it , gives directions about it , and speaks of it as a thing , which tends very much to the glory of god , and the salvation of souls . and to the same purpose other great men among them , as cardinal palaeotus , godeau , bordenave , and others . would it not then be a great shame for us , who pretend to a zeal for reformation and the true religion , to neglect or lessen the reputation of those things which our adversaries have learnt from us , and glory in them ; and those are diligence in preaching and catechizing ? which none can despise who value religion , none can neglect who have any regard to the interest or honour of their profession . 3. the next duty is the solemn administration of the sacraments , which ought to be done in the publick assemblies , where there is not a great reason to the contrary . the saxon canons are express , that baptism , unless in case of necessity , should be administred only in due times and places , egber . can. 10 , 11. while the ancient discipline was kept up , and baptism only celebrated at the great festivals , there was a necessity of its being publick ; and the catechumens underwent several scrutinies , which lasted several days in the face of the church , as s. augustin observes , after they had been kept under private examination for some time before . but when whole nations were not only converted , but infants generally baptized , the former method of discipline was changed . but yet the church retained her right as to satisfaction about the due admission of her members . and that is the true reason why , after private baptism , the child is required to be brought to the publick congregation . for baptism is not intended to be done before a select number of witnesses , but in the face of the church , which is the regular and solemn way ; however , the bishop may dispense in some particular cases , which he judges reasonable . at first baptism was administred publickly , as occasion served , by rivers ; as bede saith , paulinus baptized many in the rivers , before oratories or churches were built . afterwards the baptistery was built at the entrance of the church , or very near it ; which is mentioned by athanasius , s. chrysostom , s. ambrose , s. augustin , &c. the baptistery then had a large bason in it , which held the persons to be baptized , and they went down by steps into it . afterwards when immersion came to be disused , fonts were set up at the entrance of churches : but still the place was publick . but in case of necessity there is a form prescribed ; and i do not see how any , without leave , can use the form of publick baptism in private houses ; which is against both our ancient and modern canons . in the greek church it is deprivation to do it ; and the synod under photius confirms it , both as to the eucharist and baptism , because publick order is to be preserved . but it is there understood to be done in opposition to the bishop's authority , whose consent may make the case different , if they judge it reasonable . but ministerial officers are not judges in an equitable case against a standing rule . 4. another duty of the parochial clergy is , to be able and ready to resolve penitential cases , which relate to the internal court of conscience , and not the external and judiciary court , which respects the honour of the church , as to scandalous offences committed by the members of it . and this takes in the private and occasional duties of the parochial clergy ; for they ought to inform themselves of the spiritual condition of their people , that they may be able to give suitable advice and directions to them both in health and sickness : but chiefly to be able to give them safe and seasonable advice under troubles of conscience by reason of wilful sins . duarenus , a very considerable lawyer , thinks the main business of the clergy , as to the cure of souls , lies in the power of binding and loosing , i. e. in dealing aright with the consciences of men , as to the guilt of their sins . and the rules of the penitential court , are different from those of the ecclesiastical court , as well as the end is different . in the saxon times , there were both here . there were ecclesiastical law which related to judicial cases , wherein a publick penance was injoyned in order to the churches satisfaction . but there were many cases which were not publick , and yet great care was to be used , as to the direction of penitents , as appears by the penitentials of theodore and bede in the saxon times . whereby we learn that a difference was to be observed , as to the nature of offences , and the circumstances of persons and actions , and the measure of contrition ; and the particular method is set down in the penitential books , which was in very material circumstances different from the methods used in the church of rome . but it is a thing necessary for every parochial minister to be able to settle doubting consciences , and to put them into the best methods of avoiding sin for the future , without which the absolution of the priest signifies nothing . for where god doth not absolve , the church cannot . 5. giving a good example to the people committed to your charge . this is often mentioned in the saxon canons : council at cloveshoo , c. 8. canons of egbert , 14 , 15 , 18 , 19 , 33. in the laws of alfred , c. 3. of edward c. 3. constit. of odo , c. 4 , 5. of edgar , 57 , 58 , 59 , 60 , 61 , 64. of canutus , c. 26. and in the conclusion of one collection of his laws are these words , happy is that shepherd , who by his good life and doctrine leads his flock to eternal and heavenly ioys ; and happy is that flock that follows such a shepherd , who hath rescued them out of the devil's hands , and put them into god's . 6. lastly the performance of all these duties supposes a constant residence among your people ; without which it is impossible to discharge them in such a manner , as to give them and your selves full satisfaction . this , i am sensible , is a very nice and tender point ; and the difficulties of it do arise from these things : on one side it is said , 1. that there is an allowance by the law given to several persons to hold more benefices than one ; and since the distribution of benefices is not by the law of god , but by the law of the land , what fault is there in making use of the privileges which the law gives ? but there cannot be constant residence in more places than one . 2. that the general service of the church is more to be preferred than taking care of a particular parish ; because the necessary duties of a parish may be supplied by persons approved by the bishop , and a single living seldom affords a sufficient competency for persons to be capable of publick service . 3. that the way of subsistence for the clergy , is now much altered from what it was when celibacy was enjoyned . for a competency was always supposed where residence was strictly required ; and what was a competency to a single person , is not so to a family . 4. that the church hath a power of relaxing the severity of ancient canons from the different circumstances of things ; and when the general good of the church may be more promoted therein ; as in the removal of clergymen from one diocess to another , and the translation of bishops . 5. that the case is now very different , as to dispensations , from what it was in the church of rome , as to the number of benefices , and the manner of obtaining them ; that a great restraint is laid by our laws upon pluralities , and our own metropolitan is the judge when they are fit to be granted . but on the other side it is objected , 1. that in the first constitution of parochial churches , every incumbent was bound to a strict residence ; so in the canons of egbert , can. 25. presbyters are said to be settled in those churches , which had a house and glebe belonging to them ; and many canons were then expresly made , that no person should have more than one church ; and it is said in the capitulars , that this had been several times decreed . and so it is in herardus his collection of canons , can. 49. in isaac lingonensis , tit. 1. c. 24. in chrodegangus , c. 67. in ivo carnotensis , part . 3. c. 51. in regino , l. 1. c. 254. the like we find in the spanish churches , concil . tolet. 16. c. 5. and thence in the canon●law , c. 10. q. 3. c. 3. and in the greek churches , concil . 7. can. 15. c. 21. q. 1. c. 1. and as soon as the abuse crept in in these western churches , it was complained of , and endeavoured to be redressed , concil . paris . 6. c. 49. concil . aquisgran . 2. part . 2. c. 5. concil . metens . c. 3. that afterwards , not meerly the mendicant friars complained of them , as some have suggested , but some of the greatest bishops have been zealous against them , as gulielmus parisiensis , peraldus , archbishop of lions , iacobus de vitriaco bishop of acon , robert de c●orton cardinal ; guiard bishop of cambray ; and gregory ix . declared , that he could only dispense with the penalty of the law. after a solemn disputation at paris , it was determined against pluralities , if one benefice be sufficient ; and all the divines joyned with the bishop therein , except two ; so that it seemed to be the current opinion of the learned and pious men of that time. aquinas saith , it is a doubtful point , but cajetan is positive against them . so that all the zeal against pluralities , is not to be imputed to the piques of the friars against the secular clergy ; although there is no question but they were so much the more earnest in it ; but in the council of trent the bishops of spain were the most zealous , as to the point of residence , and the friars against it , as appears by catharinus and others . 2. setting aside all authorities , the argument in point of conscience , seems the strongest against non-residence ; because persons have voluntarily undertaken the cure of souls within such limits ; and although the bounds be fixed by human authority , yet since he hath undertaken such a charge personally , knowing those bounds , it lies upon his conscience to discharge the duties incumbent upon him , which cannot be done without constant residence , as the magistrates are bound in conscience to do their duty , although the bounds are settled by human laws : and so in the case of property , human laws bind so that it is a sin to invade what is settled by them . and if it be left to a man's conscience , whether a man answers his obligation more by personal attendance , or by a curate ; whether the honour of religion , and the good of souls be more promoted , and the peace of his own mind secured by one or the other , it is no hard matter to judge on which side it must go . it is impossible to defend all the arguments used in the old canons against pluralities , as that polygamy is unlawful under the gospel : so that , as a bishop hath but one city , and a man but one wife , so a presbyter ought to have but one church : that no man can serve two masters , &c. but all their reasons were not of this sort . for , the council of toledo speaks home , that one man cannot perform his duty to more than one charge . to the same purpose the sixth council at paris ; and withal , that it brings a scandal on the christian church , and an hinderance to publick worship , and the good of souls , and savours too much of a worldly mind ; which are weighty arguments . the only considerable thing on the other side , is , that the bishops are to take care that the places be duly supplied ; but whether it be done by parson , vicar or curate , is not material . but this will not hold . for , ( 1. ) the care of souls is committed personally to him that doth undertake it . and a regard is had to the qualifications of the person for such a trust , by the patron that presents , and the bishop who admits and institutes the person so qualified . ( 2. ) the old canons were very strict as to personal residence , so as to fix them in their cures from which they could not go away when they pleased , which they called promissionem stabilitatis . our saxon canons are clear , as to the personal cure , can. egbert . 1. 4 , 6. populo sibi commisso ; and no presbyter could leave his cure and go to another only for honour or profit , can. 13. and none could go from one bishop to another , without his diocesan's leave , concil . herudford . c. 5. egbert . de eccles. instit. p. 97 , 100. and when the bishop gives institution , he commits the care of souls to the incumbent , and not meerly the care that divine offices be there performed . but yet it is well observed by aquinas , that if the having more benefices than one were a thing evil in it self , it could in no case be dispensed with ; but there are some actions which in general are irregular , yet in some cases may be justified ; especially , if they be extraordinary , as to publick service and usefulness , &c. and to the same purpose cajetan speaks ; but he saith , the cases that make it lawful , must relate to a publick , and not a private good ; but he mentions these things which excuse from residence ; 1. lawful impediments , as to health , &c. 2. publick service . and others say , a geometrical proportion ought to be observed in the distribution of ecclesiastical benefices , and not an arithmetical , i. e. a regard ought to be had to the merits and capacities of persons ; as a commander hath more pay than many common souldiers ; but this reaches only to the value , and not to the number of benefices . but the question still remains , whether a legal dispensation take not off the obligation in point of conscience , since it is allowed by law , and the curate appointed by the bishop , who committed the cure of souls to him ? in answer to this , we must consider , 1. that the law proposes in dispensations very allowable ends , as publick service , incouragement of learning , reward of merit ; and therefore doctors by favour have not the privilege which others have ; and in case of incompetency , as it was then judged , no legal dispensation was needful . 2. some ancient canons took care of the supply of the place by competent persons , and in that case abated the rigour of the canon . for sirmondus saith in the canon of the council of nantz , against pluralities , this clause was added , unless he hath presbyters under him to supply the duties of his place : and the same clause is in regino , l. 1. c. 254. and regino puts it among the articles of enquiry , as to the clergy , if any had more churches than one without presbyters to assist him . and in their old admonition to them at visitations it is to the same purpose , but in others it is left out . thomassin is of opinion , that the former enquiry related to those who had chapels , and not to more churches ; because then there were none that had titles upon anothers benefice ; but these words are express as to more churches . it 's true , there were no such titles then ; for a title in the old canon law , was the relation which a clergyman stood in to the bishop of his diocess , being one of his clergy ; and so the greek canonists understand a man 's not being ordained without a title , and not having two churches ; i. e. not to have relation to two diocesses , and so sine titulo , is without being owned by some bishop ; and this was that which they thought ought to be strictly observed ; and to which purpose many canons were made , both ancient and later ; and if any deserted their bishop , they were liable to deprivation . afterwards the word , title , came to be applied to parochial churches ; but there were some who found out , that the ancient canons had another sense . thence in the council of placentia in the canon sanctorum dist. 70. c. 2. it was decreed , that one might have two churches in the same diocess , but not two preferments in several cathedrals . and in the council of clermont , a. d. 1095. the reason is given , because according to the canons no man could have-two titles ; and every one was bound to hold to the title to which he was first ordained . but after all , the council of nantz shews plainly , that more parochial titles were then allowed , if well provided for , by such persons as the bishop of the diocess approved . now this very much alters the state of the case ; for then the obligation is real , and not personal . 3. it was agreed by the ancient canons , that where there was an incompetency of maintenance , they allowed an union for support ; now that is but the bishop's act in joyning what had been divided , supposing a sufficient subsistence : and a reasonable distance with the bishop's allowance , hath the same equity ; i.e. the bishop's act may unite two small benefices for a support , not by a perpetual union , but so long as he sees cause , which our law doth still allow , under such a value . but it is rather a dispensation than an union ; for the rights continue distinct . in the court of rome there were prerogative unions ad vitam , which were very scandalous , and are owned by the best canonists to be destructive of all order , and invented to defeat the canons against pluralities . but the unions which the law allows , are only those where two distinct benefices are made one for a competent subsistence ; and then if the union be reasonable , the dispensation within due distance is so too . balsamon saith , in the greek church pluralities are not forbidden , if they be near , and under the same bishop ; but they did not allow the same man to be under two bishops . in the capitulars that clause is added , that no man shall have more livings than one , si facultas suppetit , if it affords a reasonable subsistence . and therefore in case of incompetency of maintenance , of a good provision for curates , and of publick service , the severity of the ancient canons is with reason abated , and a person is supposed to undertake the cure , with those measures which the law and canons allow . but every man who regards the doing his duty out of conscience , will consider how much lies upon himself ; and that the original intention of the church and laws , was , that no man should undertake more than he was willing and ready to discharge , as far as one man's abilities could go . for , in great cities , one great parish requires more than several churches in the countrey ; and in such cases an equitable construction must be put upon such canons , which require personal performance of these duties . of the maintenance of the parochial clergy , by law . the subject i intend now to consider , is the incouragement which the parochial clergy have by law for the doing their duties : which are the manse , the oblations , and the tithes . i. the manse , or house and glebe . in the canons of egbert it is said , can. 25. that an entire manse ought to belong to every church , without any other than ecclesiastical service . by a manse , mr. selden saith , in the old charters the same is meant as a casat or hyde of land. bignonius and sirmondus say , so much glebe as was an imployment for an husbandman and two servants . spelman saith , it takes in the house too . lyndwood saith , as much land as would imploy a yoke of oxen ; and so the gloss on the canon law. but in another place the gloss saith , the manse is the original endowment of the church , without which it cannot be supplied : and without which it could not be consecrated . for the endowment was first to be produced before the building , collatâ primitùs donatione solemni , are the words of the canon law. and the same appears by concil . valent. 3. c. 9. concil . bracar . 2. c. 5. vit. udalrici c. 7. regino l. 1. c. 23 , 24. which is there explained to be a substantial sustenance for those who were to attend the service of that church . and in the acts of consecration of a parochial church in baluzius , the bishop in the first place declares himself satisfied with the endowment , unde dignè domus dei sustentaretur . and upon this the original right of patronage was founded , not upon the soil , which gave no title , where there was not a church built and endowed with a competent subsistence . so that all advowsons or rights of presentation in private patrons , were at first appendant to manors , and not in gross ; because the right came from the endowment out of the manor : and the name of patron in the sense of the feudal law , is the same with lord of the fee , and so beneficium is a feudal term ; and till the feudal law prevailed , the name of patrom is rarely used in this sense . and when it came to be used , the patrons in france would have brought those who had their benefices to a kind of feudal service , and to have received investiture from them . this mr. selden drives at , as though the patrons had the right of investiture belonging to them , because some such practice is often complained of in the french canons , and as often condemned , not meerly by ecclesiastical canons , but by as good laws as any were then made . it cannot be denied that bad practices are the occasion of making good laws ; but doth it follow that those practices which were against law , were the law of that time ? yet this is mr. selden's way of arguing ; he grants , that there were laws made , but they were little obeyed . must we therefore conclude those illegal practices to have been the standing law , and the laws themselves to be illegal ? there were two things aimed at by those patrons . 1. to keep the clergy in a sole dependance on themselves , witout regard to the bishop's authority . 2. to make such bargains with them as they thought fit . both these were thought necessary to be redressed by laws , since the canons were slighted by them . and if the practice be good against law in one case , why not in the other also ? why is not simony justified , as well as the patron 's absolute power over the incumbents ? but the laws were severe against both . for in the time of lud. pius , a. d. 816. there was a solemn assembly of the estates of the empire , where several ecclesiastical laws were passed , and among the rest , these two : 1. that no presbyters should be put in , or put out of churches , without the authority and consent of the bishops ; and that the bishops should not refuse those who were presented , if they were probabilis vitae & doctrinae , i.e. such as the bishops could not object against either for life or learning . 2. that every church should have an entire manse belonging to it , free from any feudal service ; but if they had other estates of their own , for them they were to answer to the lords of the manor , as others did . and from hence this came into the collections of ivo , regino , burchardus , and gratian , and passed for a law generally received . as to the former , a new sanction was added to it in another assembly at worms , a. d. 829. c. 1. and repeated in the capitulars , l. 5. c. 98. addit . 4. c. 95. and the like as to the latter , l. 5. c. 100. capit. a. 829. c. 4. but it seems there were some still continued obstinate in their former practices , and therefore these laws were reinforced in another assembly , a. d. 869. in the time of carolus calvus , who mentions the laws of his father and grandfather to the same purpose , c. 9. and there takes notice of the contrivances made use of to defeat the intention of those laws ; and the bottom of all is there said to be abominable simony . which shews , what it was which these patrons aimed at , by claiming investiture without the bishop . and it was then judged necessary , that the bishop's consent was required to prevent this mischief . but still some patrons required feudal service for the glebe they had given to the church ; but the law commands them to restore it free from such service , capit l. 5. c. 100. addit . l. 4. c. 98 , 163. and after much struggling , hinomarus , who lived at that time , saith , that these laws were observed . the patron 's right by virtue of the endowment , was not disputed ; but an arbitrary power , as to the incumbents , was utterly denied them ; and they were put under the bishop's care , who was to receive complaints against them , and to proceed according to the churches canons . but i am apt to think that all this stir in france did not arise from the pretence of original donation and endowment of churches , but from the infeodation of church lands and titles , by charles martel ( as an old ms. in filesacus saith ) and others in france , whose custom it was to give them in recompence to their souldiers , who then looked on them as their own , and were hardly brought to any reasonable allowance for the clergy which supplied them . these were called beneficia in the capitulars , and they were to pay nonae & decimae , i.e. a fifth part out of them , which was obtained with much difficulty , as appears by the many laws made about them . in the council at leptins , a.d. 743. carolomannus , son to charles martel , owns the letting out some of the church lands sub precario & censu , upon a reserved rent , can. 2. capit. l. 5. c. 3. but then it was barely for life . but the consequence was , that it was very hard to recover either the lands or the reserved rents , and they put in clergy-men , and put them out as they pleased , because they held these lands as beneficiary tenures from the crown . so that it was the work of more than an age to put the church there in any tolerable condition . but this seems to be very much mistaken , when it is brought to prove the right of patronage from the endowment , as to the disposal of benefices . but the right of patronage by the first building and endowing the church , is owned by the civil law in iustinian's novels , 123. c. 18. and two things were there required ; 1. a sufficient maintenance for the clergy who were nominated . 2. the bishop's satisfaction as to their fitness ; about which he speaks in another novel , 56. tit. 12. c. 2. and he elsewhere requires , that before any churches were built , the bishop should see that there were sufficient maintenance for those who were to officiate , novel , 66. tit. 22. the same right obtained here upon the same grounds , as appears by the barons answer to gregory ix . who affirm , that they had it ever since christianity was founded here . they mean , ever since parochial churches were endowed by their ancestors ; for there could be no such right of patronage before . and such patrons were here called advocati ecclesiae , as appears by ioh. sarisbur . ep. 6. 119. and the ius advocationis , as our lawyers tell us , is a right which a person hath to present to a vacant benefice in his own name ; which is agreeable to what bracton and fleta had said long before . but it doth not appear by them how the names of patron and advocate came to be so applied . among the romans , saith asconius pedianus , the patron was he that pleaded the cause of another ; the advocate , he that appeared in court on his behalf . but this doth not reach to the ius advocationis which we are now about . in the ninety seventh canon of the african code , an allowance is made for the churches to have advocates to solicite their causes at court. from hence the greater churches and monasteries had their proper advocates appointed them by the king , as bignonius observes ; and in the old charters of aub. miraeus , several such advocates are appointed ; and it appears to have been an honorary title , and great men were pleased with it . miraeus faith , it was accounted a considerable honour at that time . and so by degrees the founders of parochial churches came to have the title of patrons and advocates of them ; and the right they injoyed , the right of advowson as well as patronage ( not as some ridiculously talk of advocat se , or advocat alium ) because the trust and care of those churches , endowed by their ancestors , was fallen to them , and they were bound to look after , and to defend the rights of them ; and so lyndwood explains it . ii. the next thing to be considered , is the oblations of the people , which in those elder times were so free and large , that ( which may seem incredible now ) there were persons who would build churches on their own land to have a share in the oblations , as is affirmed in one of the spanish councils , and there forbidden with great severity . it was not , as the gloss on the canon law understands it , to make a bargain for the right of patronage , but it is expressed to have an equal share with the clergy in the oblations of the people . it is observed by agabardus , that the devotion of persons in the first ages was so great , that there was no need to make laws or canons for the supplies of churches , since they were so amply provided for by the liberality of the people . thence we read of the deposita pietatis in tertullian , which were voluntary oblations ; and out of which were made divisiones mensurnae in s. cyprian , and the sportulae , which were the allowances made to the clergy out of the common stock ; and they who received them , and not those who gave them ( as mr. selden fancies ) were called sportulantes fratres ; and the allowances were then stiled stipes & oblationes , which were so considerable , that st. cyprian blamed some for their setting their hearts too much upon them ; stipes , oblationes , lucra desiderant , quibus prius insatiabiles incubabant ; which could not be said of any meer necessary subsistence ; these they received tanquam decimas ex fructibus , as st. cyprian speaks , in lieu of tithes at that time , when the most of the christian church inhabited the cities , and gave out of their stock to maintain the church , and those who attended upon the service of it . but when christianity came to spread into the countries , then a more fixed and settled maintenance was required , but so as to retain somewhat of the ancient custom in voluntary oblations . no sooner was christianity settled in france , but we read of lands given to the church by clodovaeus after his conversion ; these are owned by the first council of orleans called in his time , a. d. 511. and were put into the bishop's hands , and to be distributed by him for repairs of churches , maintenance of the clergy , and other pious uses , can. 5. 14 , 15. but besides these , we read still of oblations made by the people on the altar , both in the mother-church , and in parochial churches . if in the mother-church one moiety went to the bishop , the other to the clergy ; if in the other , only the third part to the bishop . in the second council of mascon , can. 4. we find it required , that all the people make an oblation of bread and wine at the altar ; and this was a. d. 585. but besides , the next canon insists on the payment of tithes , as founded on the law of god , and the ancient custom of the church , which is thereby reinforced ; unde statuimus & decernimus ut mos antiquus reparetur ; which words are not fairly left out by mr. selden , because they shew that there was only in this canon a renewing of an ancient custom , which had obtained , but was now growing into disuse . for this council of mascon was called on purpose to restore what they found too much declining , as to religion ; and they begin with the observation of the lord's day , and after , add this , wherein they complain of the neglect of that which their predecessors observed , as founded on the law of god. so that there can be no doubt of the custom of paying tithes in france , from the time of receiving christianity ; and that this custom declined as their religion did . in the council of nantz , about a. d. 658. oblations and tithes are mentioned together , c. 10. as making up the churches stock , which was to be divided into four parts , to the bishop , and to the clergy , and to repairs , and to the poor . but besides the oblations of the living , it was then common to make oblations at their death ; and these were called oblationes defunctorum , and severe canons were made against the detainers of them , concil . vas. i. c. 4. agath . c. 4 , 13. q. 2 , 9 , 10 , 11. and so much appears by those canons which forbid exactions at funerals , concil . tribur . c. 16. nannet . c. 6. where an exception is made as to voluntary gifts , either by the parties deceased , or by the executors . but here , in the saxon times there was a funeral duty to be paid , called pecunia sepulchralis & symbolum animae , and a saxon soul-shot ; this is required by the council at aenham , and inforced by the laws of canutus , c. 14. and was due to the church the party deceased belonged to , whether he were there buried or not . some take this for the foundation of mortuaries ; but then the money must be turned into goods . for in glanvil's time , a freeholder is allowed to make his will of other things , provided that he give his first best thing to his lord , and his second to the church . and this was not originally pro animâ defuncti , as lyndwood thinks , from the modern canonists de consecrat . c. 12. but it was a right of the church settled on the decease of a member of it , as appears by the law of canutus . others have said , that it was in lieu of tithes substracted , and oblations not duly made . so simon langham in his constitution about mortuaries , which was made to explain a former constitution of robert winchelsee , because the people were observed not to pay their tithes and oblations as they ought . but he did not go about to settle a right which had not been before , but to prevent suits about that which was to be taken for a mortuary ; and he declares , that where there was a choice of three or more , the second was to be for the mortuary , de sepult . f. 93. b. so that r. winchelsee supposes it to be an ancient right . indeed in the cotton ms. of the council of merton , where this constitution is extant , the reason is given , that it was required by way of compensation for the neglect of tithes and oblations . in the synod of winchester , in his time , a constitution is made for the uniform payment of mortuaries in that diocess , the second best of the goods or chattels was to be paid in lieu of tithes unpaid . in the synod of exeter of pet. quivil , 15 e. 1. the reason is given for the neglect of all parochial duties ; but there it is said , that some pleaded custom against the payment of them , and others , as to the manner ; and although this council endeavoured to settle an uniform payment , yet the statute of circumspectè agatis , leaves the whole matter to custom , ubi mortuarium dari consuevit . from whence my lord coke inferrs , that there is no mortuary due by law , but only by custom . the true inference was , that the contrary custom had altered the law from what it was in the times of canutus and glanvil . but that the prevailing custom became the standing law , as to mortuaries , appears by the statute of 21 h. 8. c. 6. which limits the payment where the custom continued , but allows liberty for free oblations : and this free oblation was then called cors presentè , and was distinct from the mortuary in lieu of tithes , as appears by the instances in sir w. dugdale . but i return to other oblations , which lyndwood distinguisheth into those by way of gift , and such as became due . for these latter , he insists on c. omnis christianus in the canon law , de consecr . d. 1. c. 69. which requires that every one who approaches the altar , make some oblation . where the gloss saith , it is but counsel at other times , but a command on the festivals . for this 16 q. 1. c. 55. is produced , quas populus dare debet ; but it is there interpreted of the case of necessity : hostiensis thinks all are obliged on great festivals , and that the general custom lays an obligation ; but lyndwood thinks the custom of particular churches is to be observed . in the synod of exter before-mentioned , oblations are said to be of divine right , and that every parishioner is obliged to make them ; but the time is limited to christmas , easter , the saints-day of the church and the dedication , or all-saints . so that four times in the year they were required to make oblations after the age of fourteen . and so giles , bishop of sarum , debent offerre ex debito quater in anno . in the synod of winchester , none were so obliged till eighteen , and having goods of their own . but i observe , that in the ancient canons here , by the oblations , such things were then understood , as were for the support of the clergy : thence several canons were made against those who turned them another way . so in the council of london under archbishop stratford , oblations are declared to belong only to ecclesiastical persons . and so lyndwood saith , the goods of the church are called oblations . and in case the mother-church were appropriated , the oblations and obventions made in the chapel of ease , did not belong to the convent , but to the persons who officiated there . these were called by the name of the altarage , and were generally expressed under that name in the endowment of vicarages ; but when these were too small for the maintenance of the vicar , those small tithes which were joyned with them , were comprehended under that name ; and so it hath been resolved in the courts of law upon a solemn hearing . iohn de burgo , in his pupilla oculi , speaking of oblations , saith , that persons may be bound to them four ways : 1. by contract upon the foundation of the church , which amounts only to a pension upon endowment . 2. by promise either living or dying . 3. by necessity , when the parochial minister cannot be supported without it . 4. by custom , in the greater solemnities ; but he saith , the proportion and kind are left to discretion ; which made oblations sink so low , that the parochial clergy must have starved , if they had nothing else to support them . but besides these , he mentions occasional oblations upon particular services , as at marriages , christenings , funerals , &c. concerning which we have several constitutions against those who went about to hinder them , or to reduce them to a small quantity . the easter-offerings are none of these voluntary oblations , but a composition for personal tithes payable at that time ; of which i may have occasion to speak more afterwards . but in the saxon times here were other sorts of oblations ; as ( 1 ) the cyrycsceat or first-fruits of corn payable at s. martin's day , ina ll. 4. 62. edmund . c. 2. and is often mentioned in doomsday-book , and in fleta l. 2. c. 47. malmsb. l. 2. c. 11. and the oblation of poultrey at christmas is mentioned in doomsday , under that title . ( 2. ) there was here another kind of oblation called plow-alms , which was a peny for every plow between easter and whitsontide . this is mentioned in the laws of king ethelred , and required to be paid fifteen days after easter , although it be called eleemosyna aratralis . in the endowment of the vicarage of s. ives , plow-alms is mentioned besides the altarage and obventions . but all these oblations made a very poor subsistence for the parochial clergy . iii. and therefore i come to the main legal support of the parochial clergy , which is in tithes . concerning which i shall proceed in this method ; i. to consider the foundation in law which they stand upon . ii. the rules of law which are to be observed about them . i. as to the foundation they stand upon in point of law. my lord coke not only saith , that the parochial right of tithes is established by divers acts of parliament ; but he mentions the saxon laws before the conquest for the payment of tithes of edward and gathrun , ethelstan , edmund , edgar , canutus , and king edward ' s , confirmed by william i. hobart saith , that tithes are things of common right , and do of right belong to the church . and since parishes were erected , they are due to the parson ( except in spiritual regular cases ) or vicar of the parish . in the register of writs , a book of great authority , there is a writ of consultation for tithes , wherein they are owned to be of common right , as well as immemorial custom , due to the rector within the limits of his parish . lord chief justice dyer saith , that tithes can never be extinguished , because they are of common right . the same is affirmed by justice dodderidge in the case of fosse and parker . in pieddle and napper's case , tithes are said to be an ecclesiastical inheritance collateral to the estate in land , and of their own nature due to an ecclesiastical person : and , that all lands of common right are to pay tithes . therefore it is said by hobart in slade's case , that no land can be discharged of tithes , although it may be discharged of the actual payment . in popham's reports we read , that it is a maxim in law , that all persons ought to pay tithes , and all lands shall be charged with them of common right . so that if the judgment of some of the greatest men of the profession may be taken , nothing can be more clear and evident than the legal right of tithes . but it falls out unhappily among us , that nothing hath been the occasion of so much difference and contention between the incumbents and their parishioners , than the point of the payment of tithes . so that some have wished them changed into some other way of maintenance ; but i cannot see any reason why so ancient , so legal , so just a maintenance should be changed into any other , which would less answer the end , and be liable to as many difficulties , if not far more ; but every change of this kind , where we cannot be secured of the event , is very dangerous , especially when it proceeds from want of judgment or ill-will to the profession ; both which are to be suspected in this case . if the ill humours of some people could be changed , it would signifie far more to the quiet of the clergy , than altering their legal maintenance . therefore the best way is to enquire into the reasons of this dissatisfaction , that we may find out the proper methods to remove it , and thereby to prevent the troublesom and vexatious suits about them , which make the parochial clergy so uneasie , and their labour often unsuccessful with the people . and there is a twofold dissatisfaction which lies at the bottom of most of these contentions about tithes . 1. in point of conscience . 2. in point of law. 1. in point of conscience . there is a sort of people among us , who are very obstinate in this matter , and will rather chuse to go to prison and lie there , than pay their tithes . i have often thought whence such a stiffness should arise in a matter of legal right . if they had opposed all determinations of property by law , they had been more consistent with themselves ; but to allow the law to determine the right as to nine parts , and not as to the tenth , is not to be reconciled . for if the question be concerning the other parts , to whom they do belong , may not men as well dispute the matter of dominion and property in them ? may they not say , that the seed is our own , and the labour and charges our own ; why then shall i answer to another for the profit which arises from my pains and expence ? if it be replied , that the law hath given the property of the land to one , and the use to another , why may they not pretend this to be an unreasonable law to separate one from the other , since land was given for the use ; and the original right of dominion was from what was necessary for use ; therefore the separating right and use , is an incroachment on the natural rights of mankind . and there seems to be more colour for this , than for any to allow the laws to determine the right of nine parts to belong to the lord of the soil , but the tenth by no means to go that way , which the law of the land hath long since determined it . so that the lord of the soil either by descent or purchase , can claim no right to it ; for neither did his ancestors enjoy it , nor those who sold the land to a purchaser consider it as his own , for then he would have had the value of it . the tenth part then is set aside in valuation of estates , as already disposed of ; and the question is , whether the same law which settled the right to the other , shall determine this likewise ? is it not a part of natural injustice to detain that which by law belongs to another ? and is not the law the measure of right in cases of difference between man and man ; why then should not the law fairly and equally determine this matter , to whom the tenth of the profits belongs ? but still they say , it is against their conscience , and they cannot do it . is it against their conscience to do acts of natural justice , not to detain that from another , which of right belongs to him ? but it is in vain to argue with people , who do not judge of things by the common light of reason and justice , but by an unaccountable light within them , which none can judge of but themselves ; and in matter of interest men are the worst judges in their own case . 2. therefore i come to those who are capable of being argued with ; such , i mean , who are unsatisfied in the point of law , not in general , but in particular cases , from whence suits arise , and those are often from these causes : 1. not duly considering the just measure and extent of the rules of law for the payment of tithes . 2. not attending to the exemptions , or discharges by law from the payment of tithes . the best way i know to prevent troublesome suits about tithes , is to enquire diligently into these two things : 1. the rules of law for the payment of tithes . one might have justly expected , that in a matter of common right and daily practice , and wherein the peace and quiet of the people is so much concerned , as well as of the clergy , the rules of law should have been plain , and clear , and liable to as few exceptions as possible ; but instead of this , there is not one general rule in this matter , but hath several exceptions ; and different opinions have been about them by the great men of the law , which hath given too much occasion to the multitudes of suits which have been in the matter of tithes ; so that the clergy are not so much to blame , if they are unavoidably involved in suits by the perplexity of the law , and the different resolutions which have been made about the cases reported by them . this i shall make appear by examining some of the most general rules of law , and comparing them with the resolutions which have been made in particular cases . 1. one of the most standing rules of the law , is , that tithes are only to be paid of things which do annually increase , ex annuatis renovantibus simul & semel . but is this rule allowed in all cases ? 1. from hence coke concludes , that no tithes are to be paid of minerals , or of what is of the substance of the earth ; and so stone , turff , tinn , lead , coals , chalk , pots of earth , are denied to be titheable . but i find , 5 h. 4. n. 65. a petition of the commons was denied about being sued in the ecclesiastical courts for tithes of stone and slat taken out of their quarries . the petition was renewed , 8 h. 4. and then the king's answer was , that the former custom should continue . and so about tithes for sea-coals , 51 e. 3. n. 57. from whence it appears , that these things might be tithed by ancient custom , and that was not thought fit to be altered . but , 34 eliz. it was resolved in the kings-bench , that no tithes are due of quarries of slat or stone , in the case of lysle and wats . here was no regard to custom , and a reason is given , which deserves to be considered , viz. that he may have tithes of the grass or corn which groweth upon the surface of the land where the quarry is . but how if there be none ? as lands where quarries are , seldom afford tithes . but the note on the register saith , that if corn do grow there , tithe of it would be due however . so that here we have a rule against an ancient custom and rule too . but it cannot be denied , that fitz-herbert and brook say , that there is no tithe of quarries , or coals , or such things ; and it was so adjudged , 11 iac. and 14 iac. and in other cases since . and yet after all , rolls yields , that a custom in these cases is to be allowed ; so that the general rule is to be understood so , as there be no custom to the contrary . and as to minerals , it is determined by a late writer , that by custom tithes may be due of them , although they do not annually increase . and my lord coke mentions king iohn's grant to the bishop of exeter of the tithe of his tinn-farm . and a good author assures us , that in places of lead-mines , the tithe of lead is the chief part of the ministers maintenance . therefore my lord coke concludes his discourse of tithes with this general rule , that by custom a parson may have tithes of such things as are not titheable of common right . 2. from hence it is concluded , that no tithe can be due for houses , because they have no annual increase . this was solemnly debated in dr. grant's case , 11 iac. and that there was no tithe due , was proved by the counsel from the register , fitz. h. n. b. brook , &c. but it was resolved by the court , that although houses of themselves were not titheable , yet there might be a modus decimandi on the ground on which the houses stood , and the houses did not take away the right before ; and in most ancient cities and burroughs there was such a modus for the maintenance of their minister . i grant that there was a certain modus decimandi upon houses , but not upon the account of the ground they stood upon ; but there was a customary duty upon houses in lieu of tithes , and were accounted a sort of praedial tithes , although they were called oblationes de domibus , as lyndwood saith , and were distinct from personal tithes , for the iews were bound to pay tithes of houses , but not personal . such was the rate on houses in london : but in dr. layfield's case it was denied , that there could be a prescription of tithes upon houses , because they are to be paid only for the increase of things . what is now become of the former modus decimandi , when a prescription was here insisted upon and denied ? so that here were different opinions , a special custom was allowed upon good reason ; and here a prescription disallowed upon such a reason as would have overthrown the former custom , and yet the law was the same still . 3. from hence it would follow , that if this rule hold , things which have not an annual increase would not be titheable : then no tithe of saffron would be due , whose heads are gathered but once in three years , nor of sylva caedua , under twenty years ; and yet this was allowed in parliament at sarum , saith the register , notwithstanding it was not renewed every year . and rolls saith , that tithes shall be paid of beeches , hazle , willows , holly , alder , maple , even after twenty years , because they are not timber . but what if willows be used for timber ? then hobart saith , they ought to be excepted . if young trees grow in a nursery , and be sold , it is allowed that tithes shall be paid of them , and these are not renewed every year . and what becomes now of this general rule , when so many exceptions are made to it ? 4. if this rule hold , there can be no tithes of after-pasture , for the rule is simul & semel . and my lord coke saith , it was adjudged , 8 iac. that a parson shall not have two tithes of land in one year ; and he instances in the hay and after-pasture , &c. and yet rolls affirms , that it is due by law , unless there be a prescription to the contrary ; and he saith , the iudgment was given upon the prescription . and therefore he resolves it into a modus decimandi . but he mentions several judgments , that no tithe is due for after-pasture , where tithe-hay hath been paid before ; which must be where there was no custom to the contrary , or else he must contradict himself . and so yelverton saith in the case of green and austen , that of common right , tithe-hay discharges the tithe of the after-pasture . but crook saith , that in that case the court went upon the prescription , and allowed it to be good . how could it go upon both ? and sir s. degge is positive , that if a meadow affords two crops , the parson shall have tithe of both . how can these things consist ? or what authority may we rely upon in such difference of opinions ? 2. another rule in law is , that things which are ferae naturae , are not tithable . but here we are to seek what things are ferae naturae ? whether such things as may be tamed and kept under custody , and become a man's property , are ferae naturae ? is it not felony to steal rabbets or pigeons ? if it be , they must be some man's property ; and if they be a man's proper goods , how can they be said to be ferae naturae ? for the meaning was , that no man was to pay tithes for that which was not his own . are not bees ferae naturae , as much as pigeons and rabbets ? but the tithe of bees is allowed to be paid by the tenth of the honey and wax . but rolls saith , that it was doubted whether a tenth swarm were a good modus for the tithe of bees , because they are ferae naturae . the reason is , because they are left wild , and under no custody ; but if they went into several hives belonging to the proprietor , they might be tithable by the hives . and so for pigeons under custody in a dove-house , they are a man's property , and therefore tithable : as it hath been several times resolved in courts of law , 14 iac. in whately and fanbor's case , in iones and gastrill's case , a prohibition was denied ; and justice dodderidge declared , to whom the court assented , that tithe was due both of young pigeons and conies . but the prevailing opinion hath been , that if they are consumed in the house , they are not tithable , but if sold , they are . but are they not ferae naturae as well when they are sold at market , as when they are eaten at home ? why then are they tithable in one case , and not in the other ? if they are tithable at all , they are so where-ever they are spent ; for in tithing , the nature of the thing is to be considered , and not the place of spending it . for upon the same reason there would be no tithe of corn spent at home , or pigs , calves , &c. and therefore i look on the reason as of worse consequence , than the total denying the payment . for who can tell how far this reason may be carried in other cases ? but it is resolved in many cases , that though they are ferae naturae , yet by custom they may be tithed ; and so for fish. custom it seems hath the power of reducing things ferae naturae to the same condition with other things . but as far as i can find , these things by our old constitutions , were as tithable as other things ; but the notion of their being ferae naturae being started , served as a plea against them , where the custom was not continued ; and where it was beyond all dispute , then they said , they were not tithable in themselves , but only by custom ; or not by law , but by custom ; and yet such customs make a part of our law. in several ancient appropriations , fish , and pigeons , and rabbets are expresly mentioned , as given together with other tithes ; so that in those times both law and custom went together . for the lords of manors were not wont to give tithes which were not otherwise due . 3. but what is to be done with those lands which might afford tithe , if the increase of grass were suffered but the owners feed cattel upon it , and so there can be no tithes , what remedy doth the law afford in this case ? 1. it is agreed that no tithe is due , if no other cattel be fed , but such as the owner pays tithe for , or are imployed in plowing , or any other way which is for the benefit of the incumbent of that parish where they are fed . for otherwise they are but as barren cattel to him . 2. that there is a certain rate due for the agistment of barren cattel , iure communi , and so delivered by hales then chief baron , according to the value of the land , unless custom hath determined otherwise . and so for guest-horses , &c. unless the inn-keeper had paid tithe-hay , say some , or the custom be otherwise : but none for saddle-horses for the use of the owner . one of the judges dissenting , because not intended for husbandry . but for unprofitable cattel the tenth part of the bargain is due , or according to the value of the land , and the owner of the cattel is compellable to pay . 3. if profitable and unprofitable be mixed , so as the latter be the greater number , then herbage must be paid for them , and tithe in kind for the profitable ; but if the profitable be the greater number , it is questioned whether the other are not excused ; but no law or precedent is produced for it : and there seems to be no reason , if pasturage be due for unprofitable cattel , why they should be excused because there are more profitable , unless their number be inconsiderable . these things i have only briefly touched at , that you may the better govern your selves in disputes of this nature ; and as you are not to lose the just rights of the church , so neither is it for your interest or honour to be engaged in them , where the law will not bear you out . ii. the next thing necessary to be considered , is , the legal discharges from the payment of tithes . for , although the reason of the payment of them be founded on the law of god , and the settlement of tithes among us hath been by ancient and unquestionable laws of the land , yet the recovery of tithes when unjustly detained , can be no otherwise than by the law of the land , as it is now in force . and if these do allow several discharges and exemptions not to be found in the ancient laws or practice , we shall but involve our selves in fruitless-contentions , if we dispute those limitations which the law hath put upon the payment of tithes . and therefore our business is to enquire and satisfie our selves , as well as we can , about the nature and extent of these limitations . now there are four sorts of discharges of the payment of tithes allowed . 1. by appropriations to monasteries . 2. by privileges of particular orders . 3. by prescription and real compositions . 4. by unity and possession . of these i shall discourse in order , so as to clear the greatest difficulties , with respect to them . 1. as to appropriations . by the statute of dissolution , 31 h. 8. 13. the new possessors are to enjoy their parsonages appropriated , tithes , pensions , and portions , and all other lands belonging to them , discharged and acquitted of the payment of tithes , as freely , and in as ample a manner as they were enjoyed before . 32 h. 8. 7. it is enacted , that no persons shall be compelled , or otherwise sued to yield , give or pay any manner of tithes for any mannors , lands , tenements , or other hereditaments , which by laws or statutes of this realm are discharged , or not chargeable with the payment of any such tithes . so that we must enquire into the state of parsonages appropriated before the dissolution , and how the payment of tithes stood then . i will not deny that there were churches appropriated to monasteries in the saxon times ; but if mr. selden's doctrine hold good , as to the arbitrary consecration of tithes till the twelfth century , those churches cannot carry the tithes along with them , but only such glebe and oblations as belonged to them . for how could the tithes pass with the churches , if they were not then annexed to them ? but he confesses , that the mention of tithes with churches in appropriations , was rare , or not at all till after the normans . the reason might be , that the separation of tithes from the churches , was not known till the norman times . for the norman nobility took little notice of the saxon laws about tithes ; but finding tithes paid out of the lands within their manors , they thought they did well , if they gave the whole tithes , or a portion and share of them , as they thought fit , to some monastery either abroad or at home . and this i take to be the true account of the beginning of appropriations among us . it were endless to give an account of the appropriations made by the normans , for the monasticon is full of them . william i. gave several churches with their tithes to battle-abbey . william rufus added more . h. 1. to the monastery of reading , several churches in like-manner ; and h. 2. more . hugh earl of chester , gave the tithes of several manors to the monastery of st. werburg , in the time of william i. of which kind the instances are too many to be mentioned ; instead thereof , i shall set down the state of the parochial clergy under these appropriations , which was very mean , and intended so to be , being supplied by the english clergy . 1. where the churches and tithes were appropriated to a monastery , the vicar had only such a competency as the bishop thought fit to allow , till vicarages came to be endowed : for right understanding this matter of appropriations , as it stood here in england , these things are to be considered . 1. that there was a parochial right of tithes settled in the saxon times : which i infer from the laws of edgar and canutus , where the tithes are required to be paid to the mother-church ; and if the lord of a manor have a church on his own free-land , he may retain a third part of the tithes for the use of it . these laws are so plain and clear , that mr. selden does not deny them ; and he confesses , the first limitation of profits to be contained in them . but what is to be understood by the mother-church to which the tithes were given ? mr. selden would have it the monastery or mother-church ; but afterwards he grants , that a parochial right to incumbents was hereby settled ; which is the first legal settlement of tithes in a parochial manner : but these laws of edgar and canutus were so solemnly enacted , that , as mr. selden observes , they were particularly called , leges anglicae , the old english laws in the old latin mss. it is a commonly received opinion among the lawyers of the best rank , that before the lateran council there was no parochial settlement of tithes here . my lord coke found no such decree of the lateran council under alexander 3. 5 h. 2. a. d. 1179. and therefore he refers it to a decretal of innocent 3. as to the lateran council which lyndwood mentions , it plainly speaks of feudal tithes , which a person enjoyed by the churches grant , and such might before that council , be given to what church the person pleased . but is there no difference between feudal and parochial tithes ? and what proof is there of any ancient infeodations of tithes here ? mr. selden himself thinks lyndwood applies the custom of other countries to his own . but as to the parochial right of tithes among us , it stands thus : by the saxon laws the parochial was settled . after the norman invasion these laws were neglected and slighted by the normans ; h. i. by his charter restored them , h. 1. c. 11. and the very words of the laws of edgar and canutus are repeated . the normans went on notwithstanding , and so these laws were discontinued in practice . but hadrian 4. who was an englishman by birth , observing the disorderly payments of tithes here , published a constitution to require the parochial payment of them , as is observed by p. pithaeus , a very learned and impartial man. after him alexander 3. in a decretal directed to the archbishop of canterbury and his suffragans , complains , that whereas the parishioners had formerly paid their tithes entirely where they ought to pay them , the contrary custom had obtained ; and some withdrew the tithe of wooll , fish , and mills ; therefore he requires the strict payment of them to the churches to which they were due . the latter part only is in the canon law , but the former is added from the ancient copies by pithaeus . as to the decretal of innocent iii. to which my lord coke refers , and mr. selden thinks was mistaken for the lateran council , being brought into england with it ; there is such an epistle extant in the collection of his epistles , but not put into the canon law , and was nothing but an inforcement of the former laws , and a declaring the contrary custom void , which had too much obtained since the norman times . but in a decretal extant in the canon law , de decim . c. 29. he acknowledges the parochial payment of tithes to be due by common right , cum perceptio decimarum ad paroeciales ecclesias de iure communi pertineat . can any thing be plainer than that the parochial right could not depend upon his decretal epistle , when himself confesses that they were due by common right ? we do not deny that he inforced the payment which had been so grosly neglected in the norman times , and the most they would be brought to in many places , was to pay only a third part to the parish-priest who officiated , and gave the rest to monasteries , and often appropriated the whole tithes to them , either at home or abroad , as will abundantly appear by the monasticon ; from whence it is plain , that they looked on tithes in general , as due to the church , as appears by very many of their ancient charters ; but they thought they did very well when they appropriated them to monasteries of their own erection , or others , as they thought fit . but this humour took so much among the norman nobility , and served so many purposes of honour and devotion , as they thought ( besides reason of state ) that the parochial clergy were reduced to so poor a condition , that alexander iv. complained of it as the bane of religion , and destruction of the church , and as a poison which had spread over the whole nation . and it must be very scandalous indeed , when the pope complained of it : for the monks that were able , generally got their appropriations confirmed in the court of rome . 2. there was a competency to be settled on the parochial clergy by the bishops consent , which was required in order to the confirming an appropriation ; as may be seen in multitudes of them in the monasticon , besides those which are preserved in the churches registers . sometimes the endowment is expressed , and at other times it is reserved in the bishop's power to do it as he sees cause . but the bishops were either so remiss in those times , or the monks so powerful at rome , that the poor vicars fared so hardly , that in the time of h. 2. alexander iii. sent a reprimand to the bishops for favouring the monks too much , and the clergy too little ; and therefore requires the bishops to take care that the vicar had a competent subsistence , so as to be able to bear the burden of his place , and to keep hospitality . this was directed to the bishop of worcester ; for it seems so long since the poor vicars here were hardly provided for . and yet i have seen several forms of appropriations made by the bishops here , after the conquest , wherein there is a twofold salvo ; one for the bishop's right , and another for a sufficient maintenance for the curate , although the church were appropriated ad communem usum monachorum , as of wolstan , roger , and of william in the time of hen. ii. when alexander iii. lived , and of walter de grey , sylvester , &c. but it seems where a competent subsistence had been decreed , the monks took the first opportunity to lessen it ; which occasioned another decretal in the canon law , wherein any such thing is forbidden , without the bishop's consent . in other places they pleaded custom for it ; thence came another decree of the lateran council , to void all such customs by whomsoever introduced , where there was not a competent subsistence for him that served the cure. the monks were still refractary in this matter ; and because the bishops had power to refuse any person presented by the monks , unless they did consent to such a reasonable allowance as the bishop thought fit ; therefore they grew sullen , and would not present ; in which case another decretal was made to give the bishop power to present . and after all , clement v. de iure patron . c. 1. reinforced the former decretals , and injoyned the diocesans in the strictest manner , not to admit any person presented to a cure , where the church was appropriated , unless sufficient allowance were made by the bishop's consent and approbation , and all custom and privileges to the contrary are declared to be void . but how far doth this hold among us now , since the appropriations are become lay-fees , and the bishop's power is not mentioned in the statute of dissolution ? to this i shall give a clear answer , but i doubt not satisfactory , to all parties concerned . for as necessity and power , so some mens interest and reason live very near one another . 1. the statute of dissolution leaves all matters of right as to persons interested just as they were before . for by the surrender the king was to have the monasteries and tithes in as large and ample a manner as the abbots then had them in right of their houses , and in the same state and condition as they then were , or of right ought to have been : and so res transit cum suo onere . but this is not all : for there is an express salvo for all rights , claims , interests , &c. of all persons and bodies politick . so that if by the law of england there was such an antecedent right in the vicar to his allowance , and in the bishop to assign it , it is not taken away by this statute , nor any other . 2. by the law of england the bishop had a right to provide a competent maintenance for supplying the cure upon an appropriation . we are told by an unquestionable authority in point of law , that 9 car. 1. this point was brought before the kings bench , in the case of thornburgh and hitchcot . the vicar complained , that the church was appropriated , and that he wanted a competent maintenance ; a prohibition was prayed , but denied upon this reason , that the vicar had reason for his suit , and that the ordinary might compel the impropriator to make it greater ; because in all appropriations that power was reserved to the ordinary . and so in the year-books it is allowed , that the ordinary may increase or diminish the vicar's portion , 40 e. 3. cas. 15. f. 28. by our provincial constitutions , the bishop is to take care that the vicar have a competent allowance ; which at that time was set at five marks ; but lyndwood observes , that as the price of things rose , so the allowance was increased , and in stipendiaries it was then advanced to eight or ten marks ; which , according to sir h. spelman's computation , comes to above sixty pounds per annum . but some have told us , that by some old statutes , even beneficed persons were not by law to have above six marks per annum ; for this was the sum allowed to parish priests ; which is so gross a mistake in any that pretend to law or antiquity , that it is to be wondred how they could fall into it . the truth of the case was this ; the parochial chaplains or priests were complained of , 36 e. 3. n. 23. that they could not be gotten to attend after the plague , but at excessive rates ; upon this a provincial constitution was made , extant in the parliament rolls , wherein they are obliged to demand no more than six marks . but who were these parish-priests ? not such as had the legal endowments , but those who depended on the good-will of the parson or people , and were hired to officiate in chapels of ease , or to perform offices for the dead , which were so frequent at that time . and these were called annual chaplains , or masse chaplains , and were distinguished from domestick chaplains who officiated in great mens houses in their private oratories , and from beneficed persons , as appears by many constitutions . but whatever was understood by the act of parliament then , it was repealed 21 iac. 1. 28. 3. the law of england , as to a competent subsistence for the vicars or curates in appropriated churches , is founded on very good reason . for the tithes were originally given for the service of the church , and not for the use of monasteries . and this was a hard point for the monks to get over , since the tithes were given for the maintenance of the clergy , and they were none of the clergy , how they came to have a right to the tithes . it is certain , that the state of the clergy and the monastick state were different ; and the offices of the clergy and of the monks were inconsistent , if they held to their rules ; how then came the monks to take the maintenance which belonged to the clergy for other offices , as though they were originally intended for them ? for which there is no colour or pretence . this point was debated between two great men of their times , s. bernard and petrus cluniacensis : the former a cistertian monk , declared himself unsatisfied with the monks taking the maintenance of the parochial clergy from them , which was given on purpose to attend the cure of souls . but , said petrus cluniacensis , do we not pray for their souls ? but the cure of souls is another thing ; and by the canons of the church the monks were forbidden to meddle in parochial offices of preaching , baptizing , visiting the sick. so that it might bear a question in law , whether a monastery were capable of an appropriation , since by the ecclesiastical law , they are not an ecclesiastical body ? and for that reason hobart saith , a nunnery is not ; and the same reason will hold for the other . the cistertian order was at first very scrupulous in this matter , when they came hither , and pretended to live only on their own lands , and disliked appropriations , as great injuries to the clergy , and called it sacrilege to take their tithes away from them . this was wisely done of them at first to ingratiate themselves with the clergy , and to get as good lands as they could . but after a while they abated their zeal , and then they pretended to do nothing without the bishops consent ; till at last they were as ready as any , and got as large privileges to exempt their lands from payment of tithes , under which the clergy suffer to this day . but to return to the beginning of appropriations among us . after the normans coming , they stood upon no niceties of law , or original grants , but they took possessions of the tithes of their manors , and disposed them as they pleased . the poor parochial clergy were english , whom they hated , and cared not how poor they were ; the bishops were normans , as fast as they could make them ; and the business of the great men , was to incourage the norman monks that came over , and to build and endow monasteries for them to pray for their souls , which they minded so little themselves ; and this i take to be the true account of the beginning and increase of appropriations in england , which at first were only permitted , but are confirmed by the law since the statute of dissolution . ii. in some appropriations there were vicarages endowed , and here the difficulty lies in distinguishing the tithes which belong to one from the other . before the statutes for endowment of vicarages , in case of appropriations , 15 r. 2. 6. 4 h. 4. 12. there were endowments made , where the bishops took care of it ; but they were generally so remiss in it , that those statutes were thought very necessary ; and one , it● seems , was not sufficient . for they eluded the former by appointing vicars out of their own body ; but the latter statute requires , that the vicar shall be a secular person , and made spiritual vicar , and have such an endowment as the ordinary should think fit , otherwise the appropriation to be void . the scandal of the appropriations was made so great by the greediness of the monks , and easiness of the bishops , that i find in the parliament rolls 2 h. 4. 51. a petition of the commons , that no appropriations should be made for the future ; but afterwards they came to that temper which is expressed in the statute 4 h. 4. and that before those statutes , there was no necessity of the endowment of a vicarage , is plain from the occasion of making them ; and so it hath been agreed in the courts of law in the case of britton and ward . but the main difficulty is , to state the tithes which belonged to the vicarage and to the appropriation ; because there was no certain limitation either as to quantity or kind , although generally the great tithes of corn and hay went with the parsonage , and the small tithes and obventions , and altarage with the vicarage . the best rules i can find to be satisfied in this matter , are the endowment , or prescription . and where the endowment is found , yet there may be a prescription for tithes not mentioned ; because the bishop had a power reserved to increase the allowance : as in the case of the vicar of gillingham , who sued for customary tithes not mentioned in the endowment ; and he recovered them on this presumption , that the vicarage might be augmented with those tithes ; and in case of long possession , it is there said to have been often so held and ruled . sometimes there is a difficulty in the sense of the words of the endowment , as in the case of barksdale and smith , whether decima garbarum in w. implied tithe-hay ; but it was resolved , that although garba seems to relate to corn , de omni annonâ decima garba deo reddenda est . l. edw. confess . c. 8. at least , to something bound up ; and so lyndwood applies it to faggots ; yet the custom was thought sufficient to extend it to tithe-hay ; and for tithe-wood in renoulds and green's case . but the greatest difficulty hath been about small tithes , which is the common endowment of vicarages . in the case of ward and britton , one point was , whether lambs were small tithes or not . noy pleaded custom for it . the councel on the other side said , that small tithes were such as grew in gardens ; but lambs were a sort of praedial tithes ; however , it was yielded , that custom might bring them under small tithes . another point about small tithes , was about saffron growing in a corn-field , in the case of bedingfield and freak , and it was resolved to be small tithes . but the ground of that resolution was questioned in the case of udal and tyndal ; some said it was , because saffron was small tithes where-ever it grew : others , that by the endowment , the parson had only reserved the tithe of corn and hay . but suppose whole fields be planted with woad , which grows in the nature of an herb , is this to be reckoned among small tithes ? crook seems to deliver the sense of the court so , in the former case ; but hutton reports it , that it might come to be majores decimae and praedial , if it came to be the main profits of the place . and the like may hold as to hemp , hops , wooll and lambs . it 's there said , that all these new things , as saffron , hemp , woad , tobacco , &c. are to be reckoned among small tithes , unless there be some material circumstance to the contrary . but who is to be judge of that ? and what proportion changes small tithes into greater ? but what if the endowment be so expressed , that only tithes of corn and hay be reserved to the parson ? then rolls thinks all the rest falls to the vicar by construction of law. by the word altarage , it was resolved in the exchequer , upon a solemn hearing , 21 eliz. and after confirmed in the case of wood and greenwood , not meer oblations are to be understood , but whatever custom hath comprehended under it . and i find in the settlement of the altarage of cockerington by rob. grosthead , bishop of lincoln , not only oblations and obventions , but the tithes of wooll and lamb were comprehended under it . ii. the next discharge of tithes , is by the privileges of particular orders allowed by our law. for it is , to be observed , that no bulls of popes make a legal discharge ; but in such cases where the law allows them , and my lord coke thinks it cannot be insisted upon without danger of a praemunire . for when the cistertians had procured new bulls to inlarge their privileges , as to their lands in the hands of farmers , a law was passed against it , 2 h. 4. c. 4. which was grounded on a petition in parliament shewing the novelty and mischief of it . it was affirmed by our great lawyers , that the pope's act in dissolving the body of the templars , which was done , 5 e. 2. had no effect here till the 17 e. 2. when the parliament gave their lands to the hospitallers . and that the pope could not by his bull dissolve a vicarage after they were made perpetual by the statute ; so that our own law is to govern in this matter . but what orders had exemption from tithes by our law ? at first most of the orders of monks had it for lands in their own hands . this by hadrian iv. was restrained to the cistertians , templars and hospitallers , which is owned in the canon law by a decretal of alexander iii. who declares it not to be intended for lands let out to farm . innocent iii. restrains it to such lands as they were then in possession of ; but my lord coke makes the grant to be from innocent iii. in the council of lateran , 17 john ; but he adds , that it extends only to the lands which they had before ; which was all that was done then . but he saith , that this privilege was allowed by the general consent of the realm ; however that were , it is certain that the lateran council made no restriction to the three orders . but what shall we say to the praemonstratenses , of whom he saith , that they were discharged by a bull of innocent iii. this point was disputed in the case of dickenson and greenhow . it was not denied , that they had obtained such a bull , but it was denied that it was ever received here . on the other side , it was said , that their bulls were confirmed ; which doth not appear , nor that any judgment was given in the case . there is a bull extant in the collection of innocent's epistles , to exempt the praemonstratenses from the tithes of lands in their own hands ; but this was granted in the first year of innocent iii. sometime before the lateran council , and they might enjoy the same privileges with the cistertians , if it could be proved , that they were as generally received , which hath not yet been done . as to the cistertians themselves , there are considerable limitations of their privileges . 1. they must relate to lands in their possession before the lateran council , a. d. 1215. 17 of king iohn . and in matters against common right , the proof in reason ought to be on those who pretend to particular privilege . but it 's certain the cistertian order hath had many lands in england since that time ( and it were no hard matter to find them out . ) but , suppose they were actually discharged at the dissolution , and the proprietaries were to enjoy them in the state they found them , is not this a sufficient discharge ? yes , if it be a legal discharge ; for the statute only puts them into the same legal capacity they were in before ; but if they were lands given since the lateran council , they were not in a capacity to be discharged by law ; for it was not otherwise received . 2. this privilege doth not exclude ancient compositions , as to their demesn lands . for these privileges did not go down so easily , but where there were rectors able to contest it , they brought even the cistertians to compositions . and the pope himself appointed commissioners here to compound the matter : as between the monastery of pipewel and hugh patesbul rector of eltyndon , which ended in a composition of six marks per annum for the tithes of their demesns . and another between the vicar of dunchurch and the same monastery ; and between the rector of wynswick for the tithes of ten yard-lands in colds-abbey . all which i have perused in the register of that monastery ms. 3. the privilege doth not hold where the monasteries were under value , and came to the king by the statute 27 h. 8. unless they were continued , and came within the statute of dissolution , 31 h. 8. and it ought to be proved that they continued separate ; for if their lands were given to the greater monasteries , they did not retain the privilege upon dissolution . but there is a much harder point concerning the hospitallers ( who had the lands of the templers after 17 e. 2. ) their lands were not given to the king by the statute of dissolution , 31 h. 8. but 32 h. 8. c. 24. and the clause of exemption was left out of the grant. upon which a great question hath risen , whether their lands are exempt or not ? and judgment was given against them in the case of cornwallis , or quarles and spurling . but in the case of whiston and weston , it was argued , that the king had the same privileges which the hospitallers had . but it was replied , that other lands given to the king after that act , had not those privileges , as chanteries , &c. it was said , that it was , because they were not regular ecclesiastical bodies : which was a strange answer , considering what sort of ecclesiastical bodies the hospitallers made , when only the grand master and two chaplains are bound to be ecclesiasticks ; and in foreign judicatures they were denied to be any part of the clergy , being only an order of knights under some particular regulations . but suppose them capable of appropriations of tithes , yet when the body is dissolved , the appropriation falls of it self , unless continued by act of parliament , as those of the templars were to them ; and those of the monasteries by 31 h. 8. but where there is no clause to continue the appropriation , it must be understood to be left to the natural course of things , and so the appropriation sinks . iii. the third legal exemption is from prescription , and ancient compositions . this seems a difficult case , because something less than the real value is to be taken , and the rule in lyndwood is , non valet consuetudo , ut minus quam decima solvatur ; but in all such prescriptions and compositions there is less than the true value . to clear this matter , i shall shew , 1. that by our ecclesiastical law , all compositions are not condemned . 2. that by the common law all prescriptions are not allowed . and if these things be made out , it will follow , that where the compositions and prescriptions are legal , the clergy may with good conscience submit to them , as they do in other matters of law. 1. as to the ecclesiastical law , lyndwood himself makes these limitations ; 1. in case of personal tithes . he grants that as to them , a man may with a good conscience observe the custom although it be under the real value . now these are founded on the same laws that praedial and mixt tithes are ; and by the stat. 2 e. 6. c. 13. they are reduced to a customary payment before easter , as it had been used forty years before : but besides these there were offerings to be compounded for , and the easter duties are a kind of composition for personal tithes . 2. in small tithes , the customary payment is allowed . the payment in lyndwood's time , was 6 ob . for six lambs , because it was the tenth of the value at that time of a lamb of a year old ; the seventh lamb was to be paid in kind , for which 3 ob . were to be paid back , because three lambs were wanting of the number ten. but can any one believe that 5 d. was the true value then of a lamb of a year old ? and lyndwood doth not suppose it be the exact value ; but it was such as the provincial constitution determined , and he allows compositions super minutis decimis . 3. compositions were allowed with the bishop's consent with lay-persons for their tithes . as to what is past , there was no doubt ; but for the future he saith , it doth not hold sine iudicis auctoritate ; which implies , that by his consent it may . and if so , then a modus decimandi so qualified , is allowed by the ecclesiastical law. such compositions as these were entred into the bishop's registries , and if they were then made upon a valuable consideration at that time , i doubt the force of custom will get the better of the reason that may be taken from the great difference of valuation of things . 2. let us now consider what prescriptions and compositions are not allowable at common law. 1. no prescription de non decimando , is allowed among lay-persons , because none but spiritual persons are by the law capable of tithes in their own right . a lay-man , saith mr. selden , cannot be discharged of all payment by meer prescription , unless he begin the prescription in a spiritual person . and to the same purpose our great lawyers speak . but in the famous case of pigot and hern , a distinction was found out , which may prove of dangerous consequence , viz. that although the lord of a manor cannot prescribe for tithes , because he is not capable of them by our law , yet he may prescribe for a tenth shock , as a profit apprendre , as a thing appurtenant to his manor ; and so he may have decimam garbam , but not decimas garbarum . upon which resolution it is said in the bishop of winchester's case , that the lord of a manor may have tithes as appurtenant to his manor : for which there is no foundation in our ancient laws or customs , that i can find , and is inconsistent with what is before acknowledged , that none but spiritual persons are capable of tithes . but in plain truth , this case is not truly represented ; and my lord chief justice hobart , a person of great judgment and learning in the law , hath told the world , that this famous reporter hath sometimes given his own opinion , and that sudden , instead of the resolution of the court , which must take much off from the authority of his reports ; especially when the case is differently reported by others ; as it falls out in this case . for serjeant moor , who was of councel in that case , saith , that the defendant pleaded a modus decimandi in satisfaction for tithes , which was 6 s. per annum : but as to the other point , whether such an ancient modus being made with the lord of a manor , binds the copy-holders , it is out of our way ; but surely there ought to be good proof , that the modus was made before the copy-holds holds were granted , which is not offered , but only that it might be so ; which deserves no other answer , but that it might not be so . and it is hard indeed , when judgments are given upon possibilities . and for the distinction of decima garba and decimae garbarum , in a composition for tithes , is the same thing . mr. selden , as to this case of pigot and hern , saith , it was an inheritance of tithes from immemorial time , by virtue of an ancient composition . and he would not understand the judges in any other sense : for no kind of infeodation of tithes is allowable here , he saith , so as to create in lay-men a perpetual right to them ( except only by the statute of dissolution of monasteries ) unless it be derived from some ancient grant of discharge from the parson , patron and ordinary , with a consideration of recompence to the parson ; and that either from time immemorial , or ancient composition . and to the same purpose he speaks in another place , where he owns , that by our law every parson had a common right to the tithes of all annual increase ( praedial or mixt ) within the limits of his parish ; and any title or discharge must be specially pleaded . 2. where a prescription is pleaded de modo decimandi , the actual recompence by composition must be shewed . for , as my lord coke saith , a modus decimandi is intended as a yearly sum in way of satisfaction for the tithes to the parson ; which rolls calls the actual recompence . in the register the account of the modus decimandi is thus set down : 1. there was a real composition , as four acres of land for some small tithes . 2. there was an agreement in writing , by the consent of ordinary and patron . but my lord coke saith , the modus may as well be for a sum of money as for land. suppose no ancient composition in writing can be produced , how far doth a prescription hold ? 1. it must be immemorial , or time out of mind . here a great point arises fit to be considered : suppose the thing it self hath been within memory , as improvements by hops , fruit-trees , &c. doth not a composition bind in this case ? i answer , that we are to distinguish personal contracts from real compositions . in the case of hitchcock and hitchcock , there was a contract between the vicar and parishioners , but it was denied to be a real composition , although confirmed by the ordinary , and affirmed not to be binding to the successors . a composition by a meer verbal agreement in the case of hawles and bayfield was declared to be neither binding to the party nor his successors . but in the case of tanner and small it was declared to hold for years , but not for life . my lord coke seems to be of opinion , that if it be a prescription , it must be time out of memory of man ; but that a real composition may be either before , or within memory of man ; but then it must be by parson , patron , and ordinary . it is well observed by sir simon degge in his useful book about these matters , that although real compositions are supposed in law to be the foundation of prescriptions de modo decimandi , where the patron , ordinary and parson did consent to them ; yet that the most of them have grown up by the negligence and carelesness of the clergy themselves , which , i am afraid , is too true . and he is of opinion , that no real composition can be made now to bind the successor , since the statute , 13 eliz. c. 10. which restrains all binding grants to one and twenty years , or three lives ; and if so , then the consent of patron and ordinary cannot make it good . 2. it must be reasonable , and therefore it hath been rejected in these cases : 1. if it be a prescription to pay a certain tithe without the parson's view of the nine parts , because , saith hobart , it is against the law of partition , in the case of wilson and the bishop of carlisle . 2. if there be no recompence to the parson , as in the case of scory and barber , the prescription was founded on the parishioners finding straw for the body of the church . 3. if it be for paying only what was due in lieu of other tithes ; as in the case of ingoldsby and iohnson , that they paid their other tithes in lieu of tithes of dry cattel ; or in case a load of hay be prescribed for in lieu of tithe-hay , or ten sheafs of corn for the tithe of all the rest . 4. if it be not for something certain and durable . for this , saith hobart , shews an original weakness in the composition ; being of a thing certain and durable for that which is not so . iv. the last exemption or discharge that is pleaded as to the payment of tithes , is unity of possession : that is , where a monastery had the right of tithes by appropriation , and had other lands which did not pay tithes , because the owners were to receive them , these were actually free at the time of dissolution ; and the question is , whether they are legally so by virtue of the statute ? it cannot be denied , that unity of possession is in it self no legal discharge ; but whether by the words of the statute the judges were divided in opinion . but afterwards in the case of green and bosekin the judges allowed it , so it were not a meer unity of estate , but of occupation . hobart saith , that after it had been long controverted , it was received as the common opinion . coke , that where unity of possession gives a discharge , the title must be clear , the non-payment general , and the prescription time out of memory ; but if the appropriation were made in the time of ed. 4. h. 6. it could not be discharged by unity ; nor if it were a late abby-prescription . thus i have endeavoured to lay this matter before you as briefly and clearly as i could , from the best light i could get , that i might give you such directions , that you may neither run into needless and vexatious suits , nor be run down by frivolous pretences . it is your great advantage that you have the law of your side , if you understand it a right ; but have a care of being set on by such , whose interest it is to promote suits ; and i am sure it is yours to prevent them , if it be possible , and as much as lies in you . the church's right is not to suffer by your negligence ; and you are not to make the church to suffer by your contentions . he that loves going to law , seldom fails of having enough of it ; he suffers in his purse , in his reputation , in his interest , and the church suffers by his means . endeavour to gain , as much as may be , the love of your people by a kind , modest , courteous and peaceable behaviour , which is the best way to prevent , or to compose differences . if you are forced to sue for your maintenance , let them see that you are forced to it , and that you are always willing to put an end to all such disputes , if the church's right be secured , which you are bound to preserve . of the obligation to observe the ecclesiastical canons and constitutions , at a visitation october 29 th . 1696. in speaking clearly and distinctly to this case , there are these two things to be considered ; i. by what authority they do oblige , ii. in what way and manner they oblige . i. the first thing to be considered , is the authority by which ecclesiastical canons and constitutions do oblige . for , if there be not sufficient authority , there cannot be that obligation on conscience , which supposes a legal exercise of power , or a just right to command . our obedience to the orders of our superiours , is due by virtue of that divine law which requires us to be subject for conscience-sake : but our obedience is to be regulated by the order of iustice , i.e. it ought to be according to law. therefore it is necessary , in the first place , to enquire , whether there be among us any such things as ecclesiastical laws , i.e. such rules , which according to the constitution of our government , we are bound to observe . for we are members of a church established by law ; and there are legal duties incumbent on us , with respect , not only to the laws of god , but of the realm . for , although our office and authority , as church-men , hath a higher original ; yet the limitation of the exercise of it , is within such bounds as are allowed and fixed by the law of the land. it is therefore a matter of great consequence to us to understand how far our ecclesiastical constitutions are grounded upon the law of the land , which cannot be done without searching into the foundations of our laws . which lie in three things : 1. immemorial custom . 2. general practice and allowance . 3. authority of parliament . and i shall endeavour to shew how far our ecclesiastical constitutions are founded on these . 1. immemorial custom . our greatest lawyers allow ancient custom to be one of the foundations of our laws ; and my lord coke calls it one of the main triangles of the laws of england . i suppose he means foundations . and another saith , that the common law of england is nothing else but the common custom of the realm . my lord chief justice hales saith , that the common usage , custom and practice of the kingdom , is one of the main constituents of our law. coke quotes bracton ' s authority to prove , that custom obtains among us the force of a law , where it is received and approved by long use. and of every custom , he saith , there be two essential parts , time and usage ; time out of mind , and continual and peaceable usage without interruption . but in case of prescription or custom , he saith , that an interruption of ten or twenty years hinders not the title , but an interruption in the right ; the other is only an actual suspension for a time . it may be asked , how time and usage come to make laws , since time hath no operation in law , saith grotius ? not of it self , as grotius there saith , but with the concurrence of other circumstances it may . bracton saith , longa possessio parit jus possidendi ; and by a long and peaceable possession dominion is transferred , without either title or delivery ; which he founds on this good reason , that all claims of right ought to have a certain limitation of time , and length of time takes away any proof to the contrary . littleton saith , that time out of memory of man , is said to give right , because no proof can be brought beyond it . and this he calls prescription at common law , as it is distinguished from prescription by the several statutes of limitations . but whence is it then , that an immemorial possession gives right ? is it from the meer silence of the parties concerned to claim it ? no , silence gives no consent , where ignorance or fear may be the cause of it . and is it a punishment upon the neglect of the party concerned ? so bracton saith , time doth it per patientiam & negligentiam veri domini . but meer neglect doth not overthrow right , unless there be an antecedent law to make that neglect a forfeiture ? is it from a presumptive dereliction ? but that supposes not bare continuance of time , but some kind of voluntary act , which implies a sort of consent which doth not appear in this case . and it is a great mistake in those , who think there is no presumptive dereliction , where there is not a full consent ; for it may be , where there is the consent of a mixt will , i.e. partly voluntary , and partly involuntary ; when the circumstances are such , as the person rather chuses to leave his right , than submit to the lawful conditions of enjoying it : as if a man would rather quit his fee than perform the service which belongs to it . is it from the common interest of mankind , that some bounds be fixed to all claims of right ? because otherwise that men will be liable to perpetual disturbance , if the right be permitted to be claimed beyond any possibility of proof . or is it , lastly , that in such nations where immemorial custom obtains the force of a law , it seems agreeable to the foundations of law , that a long continued possession should carry right along with it . and this was the case here in england , as not only appears by what bracton hath said , but glanvil makes a great part of our law to consist of reasonable customs of long continuance . and st. germain affirms ancient general customs to be one of the principal foundations of our law ; and that they have the force of laws , and that the king is bound by his oath to perform them . and it is worth our while to observe what general customs he doth instance in ; as the courts of equity and law , the hundred court , the sheriffs turn , the court baron , &c. which depend not upon acts of parliament , but the ancient custom of england , which he calls the common law. and among these ancient customs , he reckons up rights of descent , escheats , the different sorts of tenures , freeholds , and the laws of property , as they are received among us . we are now to enquire , how far any of our ecclesiastical constitutions can be said to be built upon this foundation ; and upon immemorial custom generally received . 1. i place ( 1. ) the distribution of this national church into two provinces , in each whereof there is an archbishop with metropolitical power , which lies chiefly in these things , ( 1. ) the right of consecration of his suffragans . ( 2. ) the right of visitation of every diocess in such way and manner as custom hath settled it . ( 3. ) the right of receiving appeals from inferiour courts of judicature in ecclesiastical matters . ( 4. ) the right of presiding in provincial councils of the suffragans of his province ; which by the most ancient constitutions of this church , were to be held once a year ; so it was decreed in the council under theodore , a. d. 673. but by the difficulties of the times , they were discontinued ; and so the authority of examining things through the province , came by a kind of devolution to the archbishop and his courts . ( 5. ) the custody of vacant sees , by the custom of england , falls to the metropolitan , if there hath been no custom or composition to the contrary . and so it hath been upon solemn ▪ debates resolved in our courts of common law. coke thinks that of common right it belongs to the dean and chapter , but by custom to the archbishop . but panormitan saith , there was no pretence of common right for them , till the time of boniface viii . 2. the ordinary jurisdiction of every bishop over the clergy of his own diocess . this is as ancient as christianity among us . for no sooner were churches planted , but there were bishops set over them ; who had from the beginning so much authority , that none of the clergy could either receive or quit his benefice without their consent and approbation ; and they were all bound to give an account of their behaviour at their visitations ; and in case of contempt , or other misdemeamours , they were to proceed against them according to the canons of the church . i do not say the diocesses were at first all modelled alike , or with the same bounds which they now have ; which was unreasonable to suppose , considering the gradual conversion of the nation . for at first there was but one bishop in every one of the saxon kingdoms , except kent , where was but one suffragan to the metropolitan for some time , till the kingdoms came to be united ; or the kings consented to an increase of several diocesses , and uniting them under one metropolitan , which was a work of time. but in all the saxon councils we find no mention of any ecclesiastical jurisdiction , but what was in the bishops themselves , concil . cloveshoo , can. 1 , 4 , 5. concil . cealchyth . can. 1. egbert canon . c. 45 , 62. the first who began to seek for exemptions , were the abbots , who were under the bishop's jurisdiction , who was too near them ; and therefore they endeavoured to get under the pope's immediate jurisdiction by charters of exemption , which the great abbies either procured or made ; and the more ancient the more suspicious . but the lord chancellor and three chief judges declared , that by the common law of england , every bishop in his diocess , and the archbishops in convocation may make canons to bind within the limits of their jurisdiction . 3. the subordinate jurisdiction which was lodged in the bodies of the clergy resident in cathedral churches , and of archdeacons in the several diocesses : i cannot find either of these to have had any jurisdiction here before the conquest , neither were there any courts of justice out of the several counties before ; for all causes were transacted in the county-courts and sheriffs turns , and appeals lay from them to the supreme judicature of the king and the lords . but this doth not hinder but these courts may be founded on the law of england . and so the original jurisdiction , which of right belonged to the bishop , might by degrees , and a gradual consent , come to be committed , as to some parts , to the bodies of cathedral churches , and to the archdeacons , who are , saith my lord coke , sixty in england . we are told in a late case of woodward and fox , that there are archdeaconries in england by prescription , which have no dependency on the bishop , but are totally exempt . and for this godolphin is cited , who refers to the gloss on the legatine constitutions , f. 27. where we read of some archdeacons having a customary and limited iurisdiction separate from the bishop , for which a prescription lies . but this is only for some special iurisdiction ; as the archdeacon of richmond for institutions , which came first by grant from the bishops ; but that not being to be produced , they insist upon custom and prescription , as the deans and chapters do , where the ancient compositions are lost . but none who understand the ancient constitution of this church , can suppose either of them to have been original , since the right to the jurisdiction of the diocess was in the bishop , before there were here either archdeacons or chapters with jurisdiction . in the case of chiverton and trudgeon , it was declared , that an archdeacon might have a peculiar jurisdiction , as to administration , &c. as the dean of st. paul's had at s. pancras ; and so the archdeacon of cornwall , as to wills. in the case of gastril and iones the chief justice declared , that the archdeacon is the bishop's officer , and his authority subordinate to the bishops , and granted by them ; but if special custom be pleaded , that must be well proved ; to which dodderidge agreed . but we must distinguish between archdeaconries by prescription , for which i can find no foundation ( being all derived by grant from the bishop ) and archdeacons having some kind of iurisdiction by prescription , which others have not ; which cannot be denied . all the power which the archdeacons have by virtue of their office , is per modum scrutationis simplicis , as lyndwood speaks , tanquam vicarius episcopi : whatever power they have beyond this , is not iure communi , but iure speciali , and depends either upon grant or custom ; which the gloss on the legatine constitutions calls a limited iurisdiction . the archdeacon's court is declared by the judges in woodward ' s case , to have been , time out of mind , settled as a distinct court , from which there lies an appeal to the bishop's court , by the statute , 24 h. 8. c. 12. and so the archdeacon's jurisdiction is founded on an immemorial custom , in subordination to the bishops . as to deans and chapters , i observe these things : 1. that although ecclesiastical bodies in cathedrals were very ancient , yet we read not of any jurisdiction peculiar to themselves , during the saxon times . my lord. coke saith , there were chapters , as the bishop's council , before they had distinct possessions . and by their books , he saith , it appears , that the bishops parted with some of their possessions to them , and so they became patrons of the prebends of the church : such were london , york and litchfield . 2. that several of our chapters were founded and endowed by the bishops since the conquest : such was that of salusbury by osmund out of his own estate , as appears by his charter , and the confirmation of h. 2. so was that of lincoln by remigius , who removed the see from dorchester thither , and placed there a dean , treasurer , praecentor , and seven archdeacons , as henry of huntingdon saith , who lived near the time . and in following times those of exeter and wells were settled as dean and chapter ; for they were ecclesiastical bodies before , but not under that denomination . 3. that some had the legal rights of dean and chapters , as to election of bishops , and confirmation of leases , &c. but were a monastick body consisting of prior and convent : such were canterbury , winchester , worcester , after the expulsion of the secular canons ; for the monks not only enjoyed their lands , but were willing enough to continue the name of dean among them as at canterbury , after dunstan's time , agelmothas is called dean ; in worcester wolstan is called dean when he was prior ; and winsius , upon the first change , is said to be placed loco decani , by florence of worcester . at norwich , herbert the bishop founded the prior and convent out of his own possessions in the time of william ii. and they became the chapter of the bishop by their foundation . now as to these , it is resolved in the dean and chapter of norwich's case , that when the king transferred them from a prior and convent , the legal rights remained the same . and in hayward and fulcher's case , the judges declared , that an ecclesiastical body may surrender their lands , but they cannot dissolve their corporation , but they still remain a chapter to the bishop . and it was not only then delivered , but since insisted upon in a famous case , that it was the resolution of the iudges , that a surrender cannot be made by a dean and chapter , without consent of the bishop , because he hath an interest in them . 4. that h. 8. endowed some as chapters to new erected bishopricks , as chester , bristol , oxford , &c. 31 h. 8 , 9. 34 h. 8. 17. and united others , as bath and wells , and coventry and litchfield , 33 h. 8. 30. 34 h. 8. 15. 5. that where the custom hath so obtained , there may be a legal-chapter without a dean ; as in the diocesses of s. david's and landaff , where there is no other head of the chapter but the bishop ; but they must act as a distinct body in elections and confirmations of grants by the bishops . 6. that by the ancient custom of england , there are sole ecclesiastical corporations as well as aggregate . a sole ecclesiastical corporation , is , where a single person represents a whole succession , and under that capacity is impowered to receive and to convey an estate to his successors : as bishops , deans , archdeacons , parsons , &c. but parsons and vicars are seized only in right of the church , but as to a bishop , he may have a writ of right , because the fee-simple abideth in him and his chapter ; and so may a dean and master of an hospital : and these are called bodies politick by littleton . that the exercise of the bishop's power may be restrained by ancient compositions , as is seen in the two ancient ecclesiastical bodies of st. paul's and litchfield . concerning which , it is to be observed , that where the compositions are extant , both parties are equally bound to observe their parts . thus by the remisness and absence of the bishops of litchfield from their see , by going to chester , and then to coventry , the deans had great power lodged in them , as to ecclesiastical jurisdiction there . after long contests , the matter came to a composition , a. d. 1428. by which the bishops were to visit them but once in seven years , and the chapter had jurisdiction over their own peculiars . so in the church of sarum the dean hath very large jurisdiction , even out of the bishop's diocess ; which makes it probable to have been very ancient ; but upon contest , it was settled by composition between the bishop , dean , and chapter , a. d. 1391. but where there are no compositions , it depends upon custom , which limits the exercise , although it cannot deprive the bishop of his diocesan-right . 4. the delegate jurisdiction which was committed to the several officers of the bishops courts , and the manner of their proceedings , is founded upon immemorial custom . in the saxon times i find no delegation of ecclesiastical jurisdiction ; for the bishops sate in person in the county-courts , and there heard ecclesiastical causes , as appears by the charter of h. 1. when he pretended to restore the saxon laws , c. 7. but william i. had settled the consistory-court by as good a law as any was made at that time , distinct from the county-court , and required all ecclesiastical causes to be there heard ; and his son h. 1. did but make a shew of restoring the saxon laws , and the former law came to be generally received ; and so mr. selden yields , that it grew to be a general law ; which shews that it obtained the force of a law by consent , as well as by authority . the consistory-courts being thus settled , and numbers of causes there depending , and the bishops being then by h. 2. in the constitutions of clarendon strictly tied to attendance upon the supreme courts of judicature , with other barons , there came a necessity of taking in other persons with a delegated power to hear causes , and to do such other acts of jurisdiction as the bishops should appoint . for it was still allowed that iure communi , the jurisdiction was in the bishop ; but iure speciali , & in auxilium episcopi , it might be delegated to others . and so it hath been here received , and not only here , but it hath been the general practice of christendom . as to the manner of proceeding in the ecclesiastical courts , it is the same in all parts , and built on the same grounds with those of our courts of equity and admiralty , which are as different from those of the common law. 5. the settling parochial rights , or the bounds of parishes depends upon an ancient and immemorial custom . for they were not limited by any act of parliament , nor set forth by special commissioners ; but as the circumstances of times , and places , and persons did happen to make them greater or lesser . in some places parishes seem to interfere , when some place in the middle of another parish belongs to one that is distant ; but that hath generally happened by an unity of possession , when the lord of a manor was at the charge to erect a new church , and make a distinct parish of his own demesns , some of which lay in the compass of another parish . but now care is taken by annual perambulations to preserve those bounds of parishes , which have been long settled by custom . but the bounds of parishes is not allowed to belong to the ecclesiastical jurisdiction . ii. the next foundation of law is a general practice , and allowance i.e. when things of themselves do not oblige by the authority of those that made them ; yet being generally received and allowed , they thereby become law to us . this we have in an act of parliament , 25 h. 8. c. 21. wherein it is said , that the people of england are only bound to such laws as are properly their own , being in subjection to no foreign legislative power . but were not many things here received for laws , which were enacted by a foreign authority , as the papal and legatine constitutions ? true , say they , but it is not by virtue of their authority , but by the free consent of the people in the use and allowance of them : and so they are not observed as the laws of any foreign prince , potentate , or prelate , but as the customed and ancient laws of this realm , originally established as laws of the same , by the said sufferance , consent and custom , and no otherwise . so that here we have a full and express declaration by parliament ; that such canons as have been received and allowed by ancient custom , make a part of our laws , and continue to oblige , provided that they be not repugnant to the king's prerogative , nor to the laws , statutes , and customs of the realm , as it is expressed in another act of the same parliament , 25 h. 8. c. 19. the ecclesiastical laws , saith my lord coke , are such as are not against the laws of the realm , viz. the common law , and the statutes and customs of the realm : and according to such laws the ordinary and other ecclesiastical iudges do proceed in causes within their conusance . so that by the acknowledgement of this great oracle of the common law , there are laws ecclesiastical in force among us , and causes to be judged by those laws , and officers appointed by the law to proceed according to them . the ecclesiastical laws and ordinances are owned by the statute , 27 h. 8. c. 20. 32 h. 8. c. 7. 35 h. 8. c. 19. after the commission appointed for the review of them . 1 e. 6. c. 2. the ecclesiastical courts are appointed to be kept by the king's authority , and process to be issued out in his name in all suits and causes of instance between party and party , where the causes are particularly mentioned , which belong to those courts , and no alteration is made in them , as to their powers , but only that the process should be in the king's name . but some persons in our age , who love to be always starting difficulties to humour such as bear ill . will to our constitution , have 〈…〉 although this act was 〈…〉 m. 2. yet that repeal 〈…〉 ●ac . 25. n. 48. therefore 〈…〉 stat. 1 e. 6. is 〈◊〉 but the plain and short answer is this , that there was no need of any debate about the repeal of the statute of e. 6. after the first of q. eliz. because then the statute , 25 h. 8. c. 20. was expresly revived , wherein the bishops were impowered to act as before they might have done , according to the laws and customs of the realm . by which no less men of the law than coke , popham , and other judges did think the stile of the court , and manner of their proceedings was comprehended . and the ancient episcopal iurisdiction is declared to be according to law , by the stat. 1 el. c. 1. and all foreign iurisdiction is abolished , and the ecclesiastical iurisdiction annexed to the crown of this realm ; which is owned by every bishop when he takes the oath of supremacy . how then can it be imagined , that he should do any more to the prejudice of the crown , by the process being in the bishop's name , than the lord of a manor doth , when he keeps his courts in his own name ? to suppose that it is owning a foreign iurisdiction , is ridiculous ; for the bishops of england never pretended to act as ordinaries , by virtue of a jurisdiction from the pope , but by virtue of their original authority which they had by the laws of the realm , as to their exterior jurisdictions . and the authority they then acted by from the pope , was in cases extraordinary , when they were delegated by particular commission . and if there had been any real derogation from the king's prerogative , in the process being in the bishop's name , can any man of sense imagine , that it would have been permitted in such jealous times as to supremacy , as the latter end of h. 8. and the whole reign of q. elizabeth were , wherein the bishops wanted not enemies , but their malice would have been too apparent , if they had insisted on such objections ? but to proceed in shewing that the ecclesiastical laws have been owned by acts of parliament since the reformation , 2 e. 6. c. 13. n. 13. the ecclesiastical iudges are required to proceed according to the king 's ecclesiastical laws . and to the same purpose , 1 el. c. 2. n. 23. accordingly my lord coke frequently owns the ecclesiastical laws and iurisdiction , so they be bounded by the laws of the realm ; of which there can be no question . for deciding of controversies , and for distribution of iustice , saith he , there be within this realm two distinct iurisdictions ; the one ecclesiastical , limited to certain spiritual and particular cases ; the other secular and general , for that it is guided by the common and general law of the realm . and to the same purpose my lord chief justice hales in several places in a ms. discourse of the history and analysis of the common law , ch . 1 , and 2. but here the great difficulty lies in finding out what these canons and constitutions are , which have been so received and allowed by our laws . for it is certain , that several canons made by popes , were not received here , as in the statute of merton , about legitimation of children born before marriage , stat. mert. c. 9. where the lords declared they would not alter the old laws for a new canon . for alexander iii. in the time of hen. ii. had made a canon to that purpose ; but as glanvil saith , it was contra jus & consuetudinem regni . the canon to take away the benefit of the clergy from bigami , was debated in parliament how far it should be received , and the sense there declared , which was complained of , 51 e. 3. and taken away , 1 e. 6. c. 12. the canon against investiture of bishops by a lay-hand , was never here received ; for although h. 1. after a long contest gave it up , yet it was resumed by his successors . the canons for exemption of the clergy , were never fully received here . some lawyers say , it was never observed ; i suppose they mean , according to the canons , but that they had legal privileges here , although not a total exemption , cannot be denied by any one versed in our laws from the saxon times . the pope's canon for the clergy not being taxed without his consent , was never received , as appears by the contests about it in the time of e. 1. and their submission afterwards . the pope's canons about appeals , provisors , dispensations , &c. were never received by such a general consent as to make them laws ; they were sometimes practised by connivence , and the kings , when it served their purposes , let them alone ; but as often as there was occasion , they were contested and denied , and statutes made against the execution of them . some canons i find disputed , whether they were received by the law of england or not . as the canon against clergy mens sons succeeding their fathers in their benefices immediately , without a papal dispensation ; is not only a part of the canon law , but enter'd in our provincial constitutions . but in the case of stoke against sykes , it was held by dodderidge and iones , two learned judges , that this canon was not received here . and dodderidge instanced in two other canons not received ; as against a man's marrying a woman he had committed adultery with ; and a lay-man's not revoking his first presentation . and sir iohn davis mentioned reckoning the months for presentation by weeks , and not by the calendar . but both these are disputable points . for some say , as to the former , that none but the king can revoke a presentation . but the canonists think a private patron may vary with the bishop's consent . and as to the way of computing the months , it hath been differently resolved ; but in catesbie's case , it was determined to be calendar-months for many reasons . but in the ancient resolution in the time of e. ii. the tempus semestre was reckoned from notice to the patron , and not from the death of the incumbent . rolls saith , by our law it is from the time the patron might have notice , with regard to the distance of the place where the incumbent died : which leaves the matter uncertain . but the register reckons from the vacancy . in many other cases the foreign canons were not received , for they allow but four months to a lay-patron , but our law six months ; they deny any sale of a right of advowson , but our law allows it , and a separation of it from the inheritance , which the canon law allows not ; and so in other particulars , but these are sufficient to my purpose . it is observable , that after the council of lions , where the pope was present , peckham , archbishop of canterbury , called a provincial council , wherein he mentions the difference of our customs from all others , and a temperament to be made suitable to them . and our judges in the great case of evans and ayscough , declared , that no canons bind here , but such as are recieved by the realm . and dodderidge said , that our ecclesiastical law doth not consist of the pope's decretals , but is an extract out of the ancient canons , general and national . but the judges agreed , that when they are received , they become part of our law. lord chief justice vaughan saith , that if canon law be made a part of the law of the land , then it is as much the law of the land , and as well , and by the same authority , as any other part of the law of the land. in another place , that the ancient canon law received in this kingdom , is the law of the kingdom in such cases . in a third , that a lawful canon , is the law of the kingdom , as well as an act of parliament . iii. i now come to the third thing , viz. the power of making canons by act of parliament . this is founded on the statute 25 h. 8. c. 19. the words are , that no canons , constitutions and ordinances , provincial or synodal , shall be made , promulged and executed without the king 's royal assent or licence . canons so made , and authorized by the king's letters patents , according to the form of the statute , are said by lord chief justice vaughan , to be canons warranted by act of parliament . and such he affirms the canons of a. d. 1603. to be . but some have objected , that these are only negative words , and are not an introduction of a new law , but a declaration of what the law was before . but my lord coke with far greater judgment , limits that expression , that what was then passed , was declaratory of the common law , to that clause , that no canons should be in force , which were repugnant to the laws of the realm . but as to the making of new canons , he only saith , that their iurisdiction and power is much limited , because they must have licence to make them , and the king 's royal assent to allow them , before they be put in execution . but he never imagined the sense of the statute to be , that no canons could be made but in parliament , or that the king had not a power to confirm new canons made by the convocation . as to the law , as it stood before , we must distinguish these two things ; 1. convocations called by the king 's writ to the bishops , and the body of the clergy , could never assemble without it . but the writ for the convocation to sit with the parliament , ( not together in place , but at the same time ) is contained in the writ to the bishop , and begins with the clause , praemunientes . and it is most probable , that it began on the same ground that the attendance of burgesses did , viz. that when they were brought into the payment of subsidies , they ought to give their consent . for i find , that in the time of h. 3. a. r. 39. the inferiour clergy complained , that they were taxed without their consent . 2. convocations called by the king 's writ to the archbishops ; and in this province the archbishop sends his mandate to the bishop of london , who is to summon all the bishops , &c. to appear at a certain time and place , and to act as they receive authority from the king. the not distinguishing these two writs , hath caused so much confusion in some mens minds , about the rights of the convocation : for they imagine that the convocation , as it treats of ecclesiastical matters , sits by virtue of the first writ , which is in the bishops summons to parliament ; but that related to them as one of the three estates of the realm , whose consent was then required to their own subsidies , which were distinctly granted , but confirmed by the other estates . but the other writ was directed to the archbishop , by which the bishops and inferiour clergy were strictly required to appear , and then to understand the king's further pleasure , as appears by the most ancient . writs for a convocation . which shews , that the convocation , properly so called , is an occasional assembly for such purposes as the king shall direct them when they meet . and this was the true foundation upon which the statute , 25 h. 8. was built . for it cannot be denied , that in fact there had been convocations for ecclesiastical purposes called without the kings writ , by virtue of the archbishop's legatine power , which was permitted to be exercised here , although it were an usurpation upon the king 's right . so even in the time of h. 8. although there were a convocation summoned by the king 's writ to the archbishop of canterbury , yet cardinal wolsley , by virtue of his legatine power , superiour to that of the archbishop , removed the convocation to another place , and presided in it : which was as great an affront to the king 's as well as the archbishop's authority , as could well be imagined . but this was then patiently born : wherefore the statute is to be understood of legal , and not of legatine convocations . but when h. 8. was sufficiently provoked by the court of rome , he resolved to resume the ancient and legal rights of the crown , how soever disused by modern usurpations . and among these he claimed this of summoning the convocation , and directing the proceedings therein . the difference of these writs will best appear by the instance of the convocation , a. d. 1640. in the year , 1639. about the first of february the parliament writ was issued out to the bishops for calling their clergy to parliament ; and this is only ad consentiendum iis quae tunc ibidem de communi concilio regni nostri contigerint ordinari . the other writ for the convocation to the archbishops was issued out the twentieth of february , and had this clause , ad tractandum , consentiendum , & concludendum super praemissis & aliis quae sibi clarius exponentur ex parte meâ . the parliament at that time being dissolved , it 's certain the convocation sitting by virtue of the writ to the bishops must fall with it : but a great question arose , whether the convocation sitting by the writ to the archbishops , was dissolved , or not ? and the greatest judges and lawyers of that time were of opinion it was not . but those were not times to venture upon such points , when people were disposed to find fault , as they did , to purpose when the next parliament met ; who made use of the sitting of this convocation and the canons then pass'd , as one of the popular themes to declaim upon against the bishops , and to inflame the nation against the whole order . the greatest objection in point of law , was , that the commission had a respect to the convocation sitting in parliament-time , which began 13 april 1640. and the commission bore date april 15. the parliament was dissolved may 5. and the 12th of may a new commission was granted , which made void that of the fifteenth of april ; and so what was done by virtue of that , must be done out of parliament , and so not in convocation , according to 25 h. 8. 19. although these canons were confirmed by the king's authority the thirtieth of iune the same year . after the king's restoration , an act of parliament passed for restoring the bishops ordinary jurisdiction ; wherein a clause is added , that this act did not confirm those canons of 1640. but left the ecclesiastical laws as they stood 1639. which act being passed by the king's assent , it voids the former confirmation of them , and so leaves them without force . but the alteration of our law by the act , 25 h. 8. c. 19. lay not in this , that the convocation by the king 's writ to the archbishop , could not sit but in parliament-time ( although that in all respects be the most proper time ) for there is not a word tending that way in the statute ; but provincial councils having been frequently held here , without any writ from the king , and therein treating of matters prejudicial to the crown , by virtue of a legatine power , there was great reason for the king to resume the ancient right of the crown . for so william i. declared it in eadmerus , that nothing should be done in provincial councils without his authority . but afterwards we find hubert , archbishop of canterbury , holding a provincial council against the king's prohibition ; and several writs were sent to them to prohibit their meddling in matters of state in prejudice to the crown , 18 h. 3. under penalty of the bishops forfeiting their baronies ; and to the like purpose , 35 e. 1. 15 e. 2. 6 e. 3. which seems to be a tacit permission of these provincial councils , provided they did nothing prejudicial to the crown . and from such councils came our provincial constitutions , which lyndwood hath digested according to the method of the canon-law , and hath therein shewed what part of the canon-law hath any force here ; not by virtue of any papal or legatine power , but by the general consent of the nation , by which they have been received among us . but my business is not now with canons so received , but with canons made according to the statute , 25 h. 8. 19. for it is ridiculous to imagine those are only negative words , for then they exclude the king's power of calling a convocation , as well as confirming the acts of it . for to what purpose is the king 's writ to call them together , if being assembled they can do nothing ? but i have already mentioned my lord chief justice vaughan's opinion , that the canons made a. d. 1603. are warranted by 25 h. 8. c. 19. it was urged by the council in the case of grove and eliot , 22 carol. 2. that no canons can alter the law , which are not confirmed by act of parliament . but it was said on the other side , that these canons had been always allowed , having been confirmed by the king. one of the judges said , that the king and convocation cannot make canons to bind the laity , but only the clergy . but vaughan said , that those canons are of force , although never confirmed by act of parliament , as no canons are ; and yet , saith he , they are the laws which bind and govern in ecclesiastick affairs . the convocation , with the licence and assent of the king , under the great seal , may make canons for regulation of the church , and that as well concerning laicks as ecclesiasticks ; and so is lyndwood . there can be no question in lyndwood's time , but ecclesiastical constitutions were thought to bind all that were concerned in them ; and the ecclesiastical laws which continue in force by custom and consent , bind all ; the only question then is about making new canons , and the power to make them , is by virtue of an act of parliament , to which the nation consented ; and so there need no representatives of the people in convocation . and no such thing can be inferred from moor , 755. for the judges declared the deprivation of the clergy for not conforming to the canons , to be legal ; but they say nothing of others . but in the case of bird and smith , f. 783. the chancellor and three chief judges declared , that the canons made in convocation by the king's authority , without parliament , do bind in ecclesiastical matters , as an act of parliament . and therefore i proceed to shew , ii. in what manner we are obliged to the observation of these canons ; concerning which i shall premise two things ; 1. that i meddle not with such canons as are altered by laws ; for all grant , that unless it be in moral duties , their force may be taken away by the laws of the land. 2. there are some canons , where the general disuse in matters of no great consequence to the good of the church , or the rights of other persons , may abate the force of the obligation ; especially when the disuse hath been connived at , and not brought into articles of visitation , as can. 74. about gowns with standing collars , and cloaks with sleeves . but the general reason continues in force , viz. that there should be a decent and comely habit for the clergy , whereby they should be known and distinguished by the people ; and for this , the ancient custom of the church is alledged . but here a very material question arises , how far custom is allowed to interpret and alter the force of canons made by a lawful authority : for where a custom prevails against a standing rule , it amounts to this , whether practice against law , is to have more force than the law. and how can there be a reasonable custom against a law built upon reasonable grounds ? but on the other side , if custom hath no power in this case , then all the ancient canons of the church do still bind in conscience , and so we must not kneel at our prayers on sundays , nor between easter and whitsontide , which were thought to be made upon good reason at first ; and so many other canons which have long grown into a disuse . so that if we do strictly oblige persons to observe all ecclesiastical canons made by lawful authority , we run men into endless scruples and perplexities ; and gerson himself grants , that many canons of general councils have lost their force by disuse , and that the observation of them now would be useless and impossible . but on the other side , if meer disuse were sufficient , what would become of any canons and constitutions , where persons are refractary and disobedient ? this is a case which deserves to be stated and cleared . and we are to distinguish three sorts of customs . 1. customs generally obtaining upon altering the reason of ancient canons . 2. customs allowed upon the general inconveniency of modern canons . 3. customs taken up without any rules or canons for them . 1. as to general customs against ancient canons where the reason is altered ; i see no ground for any to set up those canons , as still in force , among us : for this must create confusion and disorder , which those canons were designed to prevent ; and the laws of the land do certainly supersede ancient canons , wherein the necessary duties of religion are not immediately concerned . for we must have a care of setting up ancient canons against the authority of our laws , which cannot be consistent with our national obligation , nor with the oath of supremacy . 2. as to customs relating to modern canons , if it hath any force , as to altering the obligation . 1. it must be general ; not taken up by particular dissaffected persons to our constitution ; for the custom of such men only shews their wilful disobedience and contempt of authority ; and all casuists are agreed , that contempt of lawful authority , is a wilful sin : which supposes a wilful neglect upon knowledge and admonition of their duty . for contempt is , nolle subjici cui oportet subjici ; and a lesser fault commited with it , is a greater sin than a greater fault in it self committed without it , i.e. by meer carelesness and inadvertency . but where there is an open and customary neglect , there is a presumption of contempt , unless some great and evident reason be produced for it . i do not say the bare neglect doth imply contempt in it self , but where there is admonition and a continuance after it , there is a down-right and positive contempt . but where the disuse is general , not out of contempt , but upon other reasons ; and there is no admonition by superiours , but a tacit connivence ; there is a presumtion of a consent towards the laying aside the strict obligation of the canons relating to it . 2. it must be reasonable ▪ i.e. on such grounds as may abate the force of the obligation . for there is a difference between a custom obtaining the force of a law , and a custom abating the force of a canon : in the former case the custom must be grounded on more evident reason than is necessary for the latter . wherein the casuists allow a permission of superiours joyned with reasonable circumstances , to be sufficient . but how can acts of disobedience make a reasonable custom ? cajetan saith , they are to blame who began it , but not those who follow it , when the custom is general . and suarez saith , it is the common opinion . the canonists say , if a custom be against a rule , the reason must be plain ; if only besides the rule , and be not repugnant to the end and design , the reasonableness when it becomes general , is presumed . but if the superiours take notice of it , and condemn it , it loses the force of custom , unless a new reason or higher authority appear for it . 3. but what is to be said for customs taken up without rules or canons ; of what force are they in point of conscience ? 1. it is certain , that no late customs brought in by such as have no authority to oblige , can bind others to follow them . for this were to lay open a gap to the introducing foolish and superstitious customs into the church , which would make distinctions without cause , and make way for differences and animosities , which all wise and good men will avoid as much as may be . it is a rule among the casuists , that voluntary customs , although introduced with a good mind , can never oblige others to observe them . and suarez yields , that a bare frequent repetition of acts cannot bind others , although it hath been of long continuance . 2. if the customs be such as are derived from the primitive times , and continue in practice , there is no reason to oppose , but rather to comply with them ; or if they tend to promote a delight in god's service . as for instance : 1. worshipping towards the east , was a very ancient custom in the christian church . i grant that very insufficient reasons are given for it ; which origen would not have men to be too busie in inquiring into , but to be content that it was a generally received practice , even in his time ; and so doth clemens alexandrinus before him , who thinks it relates to christ , as the sun of righteousness . tertullian and s. basil own the custom , and give no reason . but of all customs that of contention and singularity , where there is no plain reason against them , doth the least become the church of god. 2. the use of organical musick in the publick service . if it tends to compose , and settle , and raise the spirits of men in the acts of worship , i see no reason can be brought against it . if it be said to be only a natural delight , that reason will hold against david , who appointed it by god's own commandment . they who call it levitical service , can never prove it to be any of the typical ceremonies , unless they can shew what was represented by it . i come now to the measure of the obligation of the canons in force . and therein a great regard is to be had to the intention of that authority which enjoyns them ; and that is to be gathered from three things ; 1. the matter . 2. the words and sense of the church . 3. the penalty . 1. as to the matter . if it be in it self weighty , and tends to promote that which is good and pious , and for the honour of god , and service of religion , it cannot be denied but these canons do oblige in conscience . bellarmin distinguishes between laws of the church , which , he saith , are very few , and pious admonitions and good orders , which are not intended to oblige men to sin , but only in case of contempt and scandal . and as to the feasts and fasts of the church , which belong to the laws , he saith , they have mitissimam obligationem ; so any one would think , who considers how many are exempted , and for what reasons . gerson saith , that no human constitutions bind as to moral sin , unless it be founded on the law of god ; as he confesses the church's authority is , as to circumstances ; and then he thinks it obliges in conscience . the substance of his opinion , which hath been much disputed and controverted by modern casuists , lies in these things : 1. that where ecclesiastical constitutions do inforce any part of the law of god , although it be not expresly contained therein , they do immediately bind the consciences of men. 2. that where they tend to the good of the church , and the preservation of decency and order , they do so far oblige , that the contempt of authority therein , is a sin against the law of god. 3. that where the injunctions of authority are for no other end , but to be obeyed , he doth not think that there is any strict obligation in point of conscience . and so far cajetan agrees with him . and although the other casuists seem to be very angry with him , yet when they require a publick good , and the order of the church to be the reason of ecclesiastical laws , they do , in effect , agree with him . now as to the matter of our canons which respect the clergy , there are two especially which bind them strictly ; 1. the canon about sobriety of conversation , can. 75. yes , some may say , as far as the law of god obliges , i.e. to temperance and sobriety ; but the canon forbids resorting to taverns , or alebouses , or playing at dice , cards , or tables ; doth this canon oblige in conscience in this manner ? if it were a new thing that were forbidden , there were some plea against the severity of it ; but frequenting publick houses is forbidden by the apostolical canons , which are of great antiquity , by the council of laodicea , and in trullo , and many others since . and by the apostolical canons any presbyter playing at dice , and continuing so to do after admonition , is to be deprived . the illiberitan council makes it excommunication to play at dice . not meerly for the images of the gentile gods upon them , as albaspinaeus thinks , but because the thing it self was not of good report , even among the gentiles themselves ; as appears by cicero , ovid , suetonius , &c. as giving too great occasion for indecent passions , and of the loss of time . hostiensis reckons up sixteen vices that accompany it , which a clergyman especially ought to avoid . and playing at dice was infamous by the civil law. iustinian forbids clergymen not only playing , but being present at it . it was forbidden in the old articles of visitation here , and in several diocesan synods , spelm. ii. 192 , 252 , 298 , 367 , 450. so that there can be no reason to complain of the severity of this canon , which so generally obtained in the christian church . ii. the canons which relate to ministers discharging the several duties of their function , in preaching , praying , administring sacraments , catechizing , visiting the sick , &c. which are intended to inforce an antecedent duty ; which we can never press you too much or too earnestly to ; considering that the honour of religion , and the salvation of your own and the peoples souls depend upon it . ( 2. ) the next way of judging the church's intention , is by the words and sense of the church . cajetan thinks the general sense is the best rule . navarr saith to the same purpose , although some words are stricter than others . suarez , that the main obligation depends on the matter , but the church's intention may be more expressed by special words of command . tolet relies most upon the sense of the church : but the sense of the church must be understood , whether it be approving , or recommending , or strictly commanding , according to the obligation of affirmative precepts , which makes a reasonable allowance for circumstances . and so our church in some cases expresly allows reasonable impediments . and in precepts of abstinence , we must distinguish the sense of the church , as to moral abstinence , i.e. subduing the flesh to the spirit ; and a ritual abstinence in a meer difference of meats , which our church lays no weight upon ; and a religious abstinence for a greater exercise of prayer and devotion , which our church doth particularly recommend at particular seasons , which i need not mention . ( 3. ) by the penalties annexed , which you may find by reading over the canons , which you ought to do frequently and seriously , in order to your own satisfaction about your duties , and the obligation to perform them . but some may think , that such penal canons oblige only to undergo the punishment . to which i answer , that the case is very different in an hypothetical law , as suarez calls it ; when laws are only conditional and disjunctive , either you must do so , or you must undergo such penalty , which is then looked on as a legal recompence ; and ecclesiastical constitutions , where obedience is chiefly intended , and the penalty is annexed only to inforce it , and to deterr others from disobedience . for no man can imagine that the church aims at any man's suspension or deprivation for it self , or by way of compensation for the breach of its constitutions . and now give me leave not only to put you in mind , but to press earnestly upon you the diligent performance of those duties , which by the laws of god and man , and by your own voluntary promises when you undertook the cure of souls , are incumbent upon you . it is too easie to observe , that those who have the law on their side , and the advantage of a national settlement , are more apt to be remiss and careless when they have the stream with them , than those who row against it , and therefore must take more pains to carry on their designs . as those who force a trade must use much more diligence , than those who go on in the common road of business . but what diligence others use in gaining parties , do you imploy in the saving their souls : which the people will never believe you are in earnest in , unless they observe you are very careful in saving your own by a conscientious discharge of your duties . they do not pretend to fineness of thoughts , and subtilty of reasoning , but they are shrewd judges whether men mean what they say , or not ; and they do not love to be imposed upon by such a sort of sophistry , as if they could think that they can have such a regard to their souls , who shew so little to their own . therefore let your unblameable and holy conversations , your charity and good works , your diligence and constancy in your duties , convince them that you are in earnest ; and they will hearken more to you , than if you used the finest speeches , and the most eloquent harangues in the pulpit to them . these , the people understand little , and value less ; but a serious , convincing , and affectionate way of preaching , is the most likely way to work upon them . if there be such a thing as another world , as no doubt there is , what can you imploy your time , and thoughts , and pains better about , than preparing the souls of your people for a happy eternity ? how mean are all other laborious trifles , and learned impertinencies , and busie inquiries , and restless thoughts , in comparison with this most valuable and happy imployment , if we discharge it well ? and happy is that man , who enjoys the satisfaction of doing his duty now , and much more happy will he be whom our lord , when he cometh , shall find so doing . notes, typically marginal, from the original text notes for div a61555-e120 pag. 277 , &c. histoire des o●●●ages des scavans . août , 1697. p. 551. notes for div a61555-e2560 regino . l. 2. p. 205. hispan . concil . p. 29. regino collect. canon . lib. 2. p. 204. burchard . l. 1. c. 91 , 92. gratian 35. q. 5. c. 7. hieron comment . ad titum . epist. ad 〈◊〉 advers . luciferian . hier. in psal. ad evagr. ad marcel . cyprian . ep. 3 66. aug. in ps. 44. 44. ambros. ad eph. 4. 11. 1 cor. 12. 28. theod. ad 1 tim. 1. 3. iren. l. 3. c. 3. 3 iohn 9 , 10. 1 tim. 3. 2 , 3 , &c. 5. 22. 19. 20. 21. titus 1. 5. de voto & voti redempt . lyndw. f. 103. concil . anglic. vol. 2. f. 182. constit. othon . f. 292. concil . angl. vol. 2. f. 227. constit. provinc . de officio archi-presbyteri , f. 33. concil . anglic. vol. 1. p. 183. lyndw. v. latratuf . 33. v. pabulo v. dei. * prov. constit . de offic. arch-presbyt . f. 282. concil . anglic. vol. 2. p. 332. concil . anglic. vol. 2. p. 700 , 707. concil . anglic. 2 vol. p. 649. constit. de haeret . f. 156. lyndw. f. 156. c. dudum . clem. de sepulturis . io. de athon . in constitut. othobon . f. 46. c. dudum de sepulturis . non potest esse pastoris excusatio , si lupus oves comedit , & pastor nescit . extr. de reg. juris c. 10. reginald . praxis , l. 30. tr . 3. c. 5. p. 52. constit. provinc . de clericis non resid . c. quum hostis . ioh. athon . ad constit. othon . f. 14. reginald . ib. n. 53. can. relatum ex. de cleri●is non resid . lyndw. in c. ●uum hostis . residcant cum effectu . ioh. de athon . in constit. othon . f. 14. continui . can. extirpand . de praebend . & dign . de praesumpt . f. 55. 2. de cleri●● non resident . cum hostis , &c. lyndw. f. 34. ioh. de athon . in constit. othon . f. 12. otho de instit. vic. f. 14. othobon . f. 46. ioh. de athon . in constit. othon . can. quia nonnulli de clericis non resid . quadril . 1. 1. c. 5. plato de leg. l. 6. arist. polit. l. 1. c. 2. nicom . l. 2. c. 1. 7. c. 7. 〈◊〉 . 24. de 〈…〉 c. 4 ▪ lyndw. pr●v . c●st . f. 134 , 135. concil . anglic. 2 vol. 324 , 330. de c●nse●r . dist. 4. c. 54 , 57. lynd. f. 1. 11. sciat . si enim habeant expensas & magistros , peccarent , nisi plus sciant quam laici . provine . constit . de sacra vnct. f. 18. concil . angl. 2. vol. p. 353. c●●cil . angl. 〈◊〉 2. p. 14● , 1●● . 〈…〉 . p. 44● . ● . 143. lyndw. f. 19. orig. in iur. h●m . 14. p. 14. ed. 〈◊〉 . 11. q. 3. c. 63. lyndw. ad l. de poenis . f. 161. extr. de priv. c. porro in gloss. in 〈…〉 17. in ephes. hem. 3. concil . angl. tom. 2. p. 144 , 166 , 299. calvin . instit. l. 4. c. 17. n. 44. pet. martyr . l. c. l. 4. c. 10. n. 48. in 1 cor. 11. p. 55. bucer in matth. 16. p. 186. i●●t . 632. 2 inst. 632. provinc . cons. quum secund . f. 71. can. 95. 5 rep. 57. * multa impediunt promovendum , quae non de●iciunt . gloss. in c. 15. de vit. & honest. cleric . c. christiano , f. 63. de iure patron . c. pastoralis officii . gloss. in can. & malitiose . moor 26 el. 3. 3 cr. 27. can. 39. 3 cr. 341. 1 leon. 230. regino l. 1. c. 5 , 6 , 7 , 8 , 10. baluz . ad reginon . p. 531. concil . anglic. vol. 2. f. 124. c. 10. q. 1. episcopum , regino . l. 1. c. 7. concil . braga . 2. c. 1. 10. q. 1. placait . concil . cabil . 2. c. 14. de censibus , f. 121. de officio vicarii c. quoniam v. procurari . concil . anglic. vol. 2. 140 , 200. extr. de vita & honestat . cleric . c. 14. prov. cont. f. 61. epist. ad ios. hall. concil . anglic. 2 vol. 104. f. 122. 126. can. 78. brownlow's rep. f. 37. id. f. 70. lyndw. f. 9. 6 c. 14. hob. 293. owen 87. 1 cr. 41. 789. officium curae animarum est praecipuum a● spiritualissimum dei donum . ca●etan . in act. 8. concil . anglic. vol. 2. p. 8 , 10. p. 35. p. 105. constit. prov. 152. parsons councellor , sect. 5. hob. 167. 1 rolls 237. io. de athon . in constit. othob . f. 55. 2. 35. e. 1. ● r. 72. 〈◊〉 inst. 204. ●●oo● 917. godbolt 279. rolls 813. 29. e. 3. 16. 2 hen. 4. 3. 11 hen. 6. 20. 9. e. 4. 34. constit. othob . f. 55. 2. othob . f. 55. 2. provinc . constit . f. 59. lyndw. ib. v. sit content . 10. q. 3. c. vnio . concil . tolet. 16. c. 5. 21. q. 1. c. 1. clericus . ex. de praeb . c. referente . ex. de cleric . non-resident . c. quia nonnulli . ex. de praeb . c. de multa . less . l. 2. c. 34. dub. 27. pan. c. du . lu● . 2. de elect. sylv. benef. 4. sum. angel. ben. 35. tolet summa casim . 5. ● . 82. cr. car. f. 456. c. 4. 75. holland's case . notes for div a61555-e11750 deut. 33. 10. levit. 10. 11. numb . 1. 3 , 46. ● . 15 , 39. selden's review , p. 456. hosea 4. 6. isa. 56. 11. 12. levit. 10. 8 , 9. 10. 11. levit. 10. 3. ezek. 3. 18 , 20. 33. 7. 1 pet. 5. 2 , 3. acts 20. 28. 1 thess. 5. 12. heb. 13. 17. ad probandam ecclesiam parochialem , primo est necesse quod habeat locum certis finibus constitutum , in quo degat populus illi ecclesiae deputatu● . rebuff . ad concord . de collat. sect. stat. n. 2. bed. l. 1. c. 26. c. 33. l. 2. c. 3. l. 3. c. 7. l. 4. c. 13 , 16. l. 4. c. 12. l. 5. c. 4 , 5. bed. epist. ad egbert . p. 64. egbert . can. 1 , 2 , 3 , 4. concil . anglie . 1. 293. 1. p. 248. can. 9. concil . anglic● 1. 444. p. 544 , 545. p. 540. ansclm. episi . l. 4. ep. 3. ioh. de athon : in const. othob . p. 59. extr. de iure patron . c. 30. lyndw. f. 34. 167. de vit. & honest. c. 3. gloss. c. 1. q. 2. c. 1. concil . anglic. 11. 253. lynw. f. 53. 2. 167. 72. 2. extr. ne praeter vices , &c. c. 3. lyndw. de consert . e. stat. c. rect. athon . f. 13. ext. de praeb . c. de monachis . lyndw. d● o●ficio 〈◊〉 c. qu●● thorn. c. 2 ▪ sect. 8. extr. de 〈◊〉 ordin . azor. p. 2. l. c. 19. barbosa de officio parochial . c. 1. n. 9. concil . angls 1. p. 183. angl. sacr. 1. 150. stub . vit. arch. h. huntingin angl. sacr. concil . angl. 11. 14. seld. 14. 1. 4 l●st . 259. tit. h. 1. c. ● . can. 48. can. 41. notes for div a61555-e16040 concil . angl. 1. 249. concil . angl. i. 258. egbert . dial. de eccles. instit . cum bedae epistol . ad egbert . dublin , 1664. concil . angl. 1. 600. bed. t. 7. p. 639. alcuin . de offic c. 27. epist. 5. 49. de off. c. 40 , bed. t. iv. 586. v. 583. ii. 310. viii . 930. august . in psal. 91. in psal. 32. 11. 6. de 10 chordis . euseb. praep. l. 8. c. 7. ioseph . 2. c. appion . aben-ezra in exod. kimchi ad psal. 92. menass . concil . in exod. q. 35. aug. c. faust. l. 6. c. 4. c. adimant . c. 2. 16. de genes . ad lit . c. 11. 13. epist. ad ian. 119. c. 13. greg. epist. l. 11. c. 3. de consecr . dist. 3. c. 16. conc. narbon . can. 4. concil . cabil . c. 18. aquisgran . c. 81. arelat . vi. can. 16. rhem. 2. c. 35. paris . vi. l. 3. c. 5. de officio archipresbyt . f. 29. 2. aquin. in sent. l. 3. dist. 37. qu. 1. art. 2. 2. 2. 122. 4. ● 2. q. 100. 1. bell de cultu sanct. l. 3. c. 11. covarruv . car. resol . l. 4. c. 19. azor. t. 2. c. 2. q. 2. suarez de rel. tr. 2. l. 2. c. 1. n. 15. c. 4. n. 8 , 9. waldens . t. 3. tit. 16. c. 140. ina ll. c. 3. withred . c. 10. alfred . c. 10 , 11. athelst. c. 9. edgar . c. 19. ethelred . c. 15. canut . c. 15. concil . angl. ii. 238 , 372 , 599. pupill . oculi , part . 9. c. 6. homily of the place and time of prayer . eccles. polity , l. 5. n. 70. orig. in numer . hom. 23. c. 28. hom. 9. in levit. 16. chrysost. hom. 5. in matth. 2 hom. in ioh. hom. 5. ad pop. antioch . hom. 10. in gen. de officio archipresbyt . v. sanctifices . alcuin . de offic. c. 40. wilt●em . in diptych . leod. c. 8. de cultu sanct. l. 3. c. 10. de feriis , f. 52. concil . angl. i. 247. soz. l. 7. c. 19. regest . l. 1. 24. concil . vasens . 2. c. 2. turon . 3. c. 17. arel . 6. c. 10. capitul . 1. 160. reginold . 1. 205. capit. 11. c. 5. erasm. praefat . ad eccles. sess. 24. c. 4. de reform . act. eccles. mediol . 44● , 450. palaeot . de administr . eccles. bonon . part . 2. p. 34. godeau sur les ordres , p. 458. bordenave des eglis . cathedral . p. 670. tertul. de baptis . c. 19. leo ep. 78. ambros. serm. 61. theodulph . de ordine baptism . c. 8. alcuin . de bapt. cerem . p. 1151. august . de symbol . ad catech. l. 2. c. 1. de fide & oper. c. 6. august . serm. 160. bed. l. 2. c. 1● concil . in trullo , can. 31 , 59. syn. a. & b. can. 12. duaren . de benef. l. 2. c. 7 ▪ concil . angl. i. p. 194. theod. capit. 55 , 57. l. l. canut . c. 22 , 23. l. l. edmund . cap. 4. theod. capit. c. 13. regino i , 300. capit. l. 6. c. 73 , 75. addit . 2. c. 10. gul. paris . de collat. benef. c. 6. perald . sum. vit. to. 2. de avarit . c. 11 sect. 1. cantiprat . de apibus l. 1. c. 19. n. 5. hist. universit . paris . secul . 5. p. 164. aquin. quaest. quodlibet . q. 9. art. 15. caj . ad 2. 2. q. 185. r. 5. concil . tolet. 16. c. 5. c. 10. q. 3. c. 3. concil . paris . 6. c. 49. capit. l. 5. c. 108. capit. l. 6. c. 200. l. 7. c. 245. cajet . sum. v. benef. 1. 6. in. 2. 2. q. 185. r. 5. filliuc . tr. 41. c. 7. n. 6. concil . nanet . c. 8. regino inquisit . art. 46. baluz . append . ad regin . 604 , 608 , 612. thomassin , part. 3. c. 42. n. 9. can. apost . 19. nicen. c. 16. antioch . 3. laodic . 42. calced . 10 , 20. cod. afric . c. 54. cresc . coll. tit. 17. concil . herudf , c. 5. can. edgar . 8. egbert . can. 13. capitul . l. ● . c. 175. concil . nannet . c. 8. concil . tolet. 16. c. 4. c. 10. q. 3. c. vnio . compegins de vnion . n. 1 , 8 , 10 , &c. azor. p. 2. l. 6. c. 28. flam. paris . de resign . l. 12. c. 3. n. 49. addit . 2. n. 10. notes for div a61555-e21930 baluz . ad capit. 1148 selden of tithes , p. 53. bignon . ad form. marc. p. 980. sirmond . ad capit. p. 768. lyndw. f. 44. extr. de censib . c. 1. c. 23. q. 8. c. 24. de consecr . d●st . 1. c. 9. c. 16. q. 7. c. 26. baluz . append . ad reginon . p. 622. ent. de eccles . aedific . c. ad audientium . seld. 85 , 86. f. 89. capit. 816. c. 9. capit. 1 , 84 , 141. ivo p. 3. c. 55 , 174. regino l. 1. c. 24. burch . l. 3. c. 52. c. 23. q. 8. c. 24. 25. concil . labb . t. 8. p. 1815. filesaci opus . p. 846 , &c. fragment . de majoribus pal. du chesn . t. 1. capit. l. 1. 157. regin . l. 1. 43 , 45 , 46 , 47. 1 inst. 17. b. capit. l. 7. c. 392. bignon . in marculph . l. 1. c. 21. aub. mirae . cod. donat. l. 1. c. 136. p. roverii reomaus , p. 614. de foro compet . f. 50. c. 56. q. 7. n. 32. concil . brac. 3. c. 6. de consecr . 1. c. 10. agabard . de dispens . c. 20. tertul. apolog. c. 39. cypr. ep. 34. ep. 66. ep. 64. selden of tithes , c. 5. n. 5. p. 58. spelm. con. p. 517. glanvil . l. 7. c. 5. spelm. concil . ii. p. 433. p. 453. p. 391. 2 inst. 491. warwickshire , p. 470 , &c. spelm. ii. p. 393. p. 303. p. 452. p. 410. p. 585. lyndw. f. 12. spelm. ii. p. 393. spel. gloss. c. altarage . ioh. de burgo pupill . oculi , f. 118. b. spelm. ii. 495 , 410. pupilla oculi , part. 5. c. 21. spel. concil . ● 517 , 527. mon. i. 256. ● . inst. 642. hob. r. 296. regist. f. 46. moor. f. 50. bustrod . 3. 243. 11 r. 13. hob. 298. 44. rolls r. 2. 174. poph. r. 156. law of tithes , c. 12. p. 214. 2 inst. 651. select 〈◊〉 . 16. moor 908. ● . el. 277. 〈…〉 . f. n. b. 53. b. 241. rolls 637. march 58 ▪ law of tithes ▪ 214. 4 inst. 232. 1 rolls , 637. cosin's apo● . p. 38. 2 inst. 664. 11 r. 15 , 16. rolls 1. 636. lyndw. de decimis . c. sanct c. negotiat . selden of tithes , 244. cr. car. 596. hob. 1. 11. regist. 49. rolls 1. 640. hob. 219. cr. car. 526. rolls 1. 637. iones 416. hardres 381. 2 inst. 652. rolls 1. 640. 648. yelv. 86. cr. iac. 116. law of tithes , 190. c. 3. 2 inst. 651. law of tithes c. 8. cr. car. 559. iones , 447. f. n. b. 51. rolls . 1. 651. rolls , 1. 635. rolls , r. 2. 2. hetley , 147. littleton , 3. n. 40. rolls , 1. 644. march , 56. hetley , 13. rolls , 1. 635 , 636. palmer , 527. cr. car. 264 , 339. lyndw. 101. spel. ii. 503. hardr. 188. kebl . 2. 452. 1 inst. 115. 6. 244. monast. i. 577. 646. 1002. ii. 4. 658. lynd. f. 99. f. n. b. 53. 2 inst. 651. hardres , 184. poph. 142. rolls , 1. 641 , 650. bulst . 1. 171. rolls , 1. 641. poph. 126 , 197. hardr. 184. law of tithes 200. hist. of tithes , 370. m●n . 1. 31●punc ; 417. 202. l. l. saxon. wh. p. 62. spelm. concil . 444. l. l. canut . c. 8 , 10 , 11. seld of tithes , p. 262. p. 264. p. 224. 2 r. 44. 2 inst. 641. dyer , 84. brook , 241. cr. car. 422. palmer , 220. selden , 293. lyndw. 81. b. selden , 404. not. in decret . l. 3. c. 30. n. 4. innocent . 3. epist. 2. c. 114. monast. i. 112 , 114 , 201 , 202 , 327 , 590 , 436. ii. 50 , 81. du fresn . e. appropr . monast. i. 369 , 399. ii. 58 , 208 , 656 , 881. iii. 32 , 36. extr. de praeb . c. de monachis . ext. de praeb . c. avar. ext. de praeb . c. extirp . extr. de monachis , ubi supra . ext. de supplend . neglig . prael . sicut nobis . rolls , 2. 337. pro. const. de offic. vic. c. quoniam . of tithes , p. 153. miscel parl. 183. birchington , l. 42. lyndw. f. 32. sacerdos parochialis opposed to beneficiatus . lyndw. f. 1 petr. cluniac . ep. l. 1. 21. d. 55. c. 1. c. 16. q. 1. c. 4 , 5 , 6 , 8 , 10 , 11. mon. i. 699. rolls , r. 2. 480. mon. i. 736. rolls , r. 2. 99. cr. 2. 518. yelv. 86. hardr. 328. cr. el. 633. bulstr. 2. 27. palmer , 219. cr. ●ac . 516. cr. eliz. 467. moor , 909. hutton , 78. owen , 74 , cr. car. 28. hutton ▪ 78. rolls , a. 2. 331. littleton , 244. hetley , 135. mon. ii. 604 2 inst. 653. rot. parl. 2 h. 4. 41. mon. ii. 511. cr. 2. 578. palm . 222. walsingh . 1325. cr. 2. 517. pal. 222. extr. de de●imis . c. 10. 2 inst. 652. popham ▪ ●56 . innocent . 3. epist. l. 1. ep. 331. coke r. 2. 47. moor , 420. cr. car. 424. cr. 2. 58. moor , 913. iones , 186 bridgm. 33. latch . 89. rolls . r. 2. 40 ▪ selden 〈◊〉 tithes , 12 ▪ lynd. f. 101. lynd. f. 97. b. c. consuc● f. 99. lynd. f. 98. lynd. f. 97. b. selden of tithes , p. 409. coke r. 2. 44. cr. 2. 47. rolls , 653. moor , 531 , 425. hob. 297. cr. el. 599. 2 r. 45. hob. 300. moor , 483. moor , 278. seld. p. 398. p. 285. select cases , 43. registr . 38. b. 2 inst. 490. bulst . 2. 238. march , 87. hob. 176. yelv. 94 , 95. 2 inst. 653. select cases , 40. 2 inst. 655. loon. 1. 151. parson's coun. part. 2. c. 20. hob. 107. rolls , 647. rolls , 649. cr. el. 276. march , 65. cr. eliz. 786. c. select cases , 45. bulst . 2. 238. hob. 40. moor , 47. 420. c. r. 2. 47. moor , 533. mob . 298. 11 r. 14. notes for div a61555-e33720 1 inst. 11. b. 115. b. 344. preface to 4 r. sir iohn davis pref. hales history and analysis of the law , ms. 1 inst. 110. b. 1 inst. 114. b. grot. de j. b. & p. l. 2. c. 4. sect. 1. bract. l. 1. c. 3. l. 2. c. 22. n. 1. l. 4. c. 17. n. 5. c. 40. littl. ten. sect. 170. glanv . prol. dr. and st. c. 7. spel. con. i. p. 153. rolls , 2. 322. bulst . 3. 176. brownl . 1. 43. keble , 3. 91. panor . in c. cum olim . moor , r. 783. 1 inst. 〈◊〉 . ventris , ii. 189. 269. godol . 61 , 65. rolls r. 2. 150. 443. de offic. archdiac . gloss. in const. oth. p. 27. ventris , ii. 269. 4 inst. 339. 3 r. 75. 〈…〉 . i. 140. 〈◊〉 . a. 969. anderson , ii. 120. 1 inst. 102. b. 3 r. 75. palmer , 501. iones , 168. quo warranto , 14. 〈…〉 sect. 645. sect. 413. selden of tithes , p. 413. ●ordenave , f. 69. 1 inst. 344. c. 12. 8. 1 inst. 11. 4 inst. 321. prooem . to 4 inst. 1 inst. 96. stat. de merton . c. 9. glanvil . l. 7. ● . 15. stat. de bigamis . c. 5. popham , 157. spel. conc● 2. 342. de eili●● presbyt . cum à jure sit inhibit . lyndw. f. 32. latch . 191. popham , 157. leon. i. 156. hugh's pars. law , c. 12. lyndw. f. 119. leon. i. 39. 6 r. 61. rolls a. ● 363. reg. 42. b. 2 inst. 361. spel. concil . ii. 329. iones , 160. latch . 234. plamer , 458. 469. vaugh. 21. 132. 327. vaugh. 327. bagshaw's arg. about the canons , p. 10. 4 inst. 323. annal. bur●on , 356. 13 car. 2. c. 12. eadmer . hist. p. 6. hoveden , p. 806. ●pel . ii. 123. ventris rep. ii. 42. gers●● de vit. spirit . lect. 4. cor. 13. cajet . sum. in verb. so●o de iust. l. 1. q. 7. art. 2. ad 2. sayr . clavis reg. l. 3. c. 〈◊〉 . n. 12. caj . ad 1. 2. q. 97. art. 3. suar. de leg. l. 4. c. 16. n. 9. roch. curt. de statut. sect. 2. n. 20 , 34. sect. 7. n. 5 , 11 , 12 , 13. soto , l. 1. q. 7. art. 2. suarez , de ll. l. 7. c. 15. 10 , 11. origen . in numer . hom. 5. clem. alex. str. l. 7. tertul. apol. c. 16. basil. de sp. sancto c. 27. 2 chron. 29. 25. bell. de r. d. l. 14. c. 18. de vit. spir. lect. 4. cor. 1. coroll . 6. cajet . sum. 6. contempt . &c. clerico● rum . can. apost . 54. laodicea , 24. in trullo , 9. carthag . 43. dist. 44. 2 , 3 , 4. aquisgr . c. 14. francf . c. 19. aquisgr . 2. c. 60. extr. de vit. & honest. cleric . c. 15. conc. west●●●n . c. 2. spelm. ii. 192. lynd. l. 3. c. 1. concil . illiber . can. 79. cicero phil. 3. ovid de a. a. l. 3. suet. in aug ▪ c. 71. hostiens . sum. d. 5. de excess . praelat . d. de aleat . l. 2. cujac . observ. l. 9. c. 28. c. de episcop . audient . caj . & prae●ept . navar. man. c. 23. n. 50 , &c. suarez de ll. l. 4. c. 18. tolet. sum●● l. 8. c. 19. n. 3.