Their Encroachments upon the Subjects Liberties.

1 THe Statute ofSee Rastals Abridgment Tit. Accus. And the Petition of right 3. Caroli. Magna Charta (39. times confirmed in Parliament) cap. 29. enacts; that no freeman shall be taken, im­prissoned or disseissed of his freehold, or liberties, or free customes, or out-lawed, or exiled, or any otherwise destroyed, neither shall wee passe upon him, nor condemne him, but by lawfull Judgement of his Peeres, OR BY THE LAW OF THE LAND.

That the Bishops and High Com­missioners have no power at all to fine, or imprison, or arrest and attach men by Purse­vants, as now they dayly doe.The Statute of 5. Ed. 3. c. 9. ordaines, that no man from henceforth, shall be attached for any accusation, nor forejudged of life, nor limbe, nor his lands, tenements, goods, nor cattels, seised into the Kings hands, against the forme of the great Charter, and the Law of the Land.

The 5. Statute of 25. Ed. 3. c. 4. prescribes; that from henceforth, none shall be taken by Petition or suggestion made to our Soveraigne Lord the King, or to his Counsell, unlesse it be by in­dictement, or presentment of good and lawfull men, where such deeds be done, in due maner, or by proces, made by writ originall at the Common Law; nor that none be put out of his Fraunchises, nor of his freehold [...], unlesse hee be duly brought into answer, and fore­judged of the same, by way of Law. And if any thing be done against the same, it shall be redressed, and holden for none.

The Statute of 28. Edw. 3. c. 3. Provides, that no man of what estate or condition that hee be, shall he put out of Land or Tenement, or taken, or imprisoned, or disherited, or put to death, without being brought into answer by due proces of the Law.

The Statute of 37. Edw. 3. c. 18. complaines, That though it be contained in the great Charter, that no man be taken, im­prissoned, or put out of his freehold, without proces of the Law, [Page 139] neverthelesse, divers people make halfe suggestion to the King him­selfe, as well for malice, as otherwise; whereby the King is often greived, and divers of the Realme put to great damage, and losse against the forme of the great Charter, wherefore it orders, that all they, that make such suggestions, be sent with their suggestions, before the Chauncellour Treasurer, and his great Counsell, and that they finde surety to pursue their suggestions, and to in­curre the same paine, that the other should have had, if hee were attained, in case that his suggestion were found evill, and that the proces of the Law be made against them without being taken or imprissoned against the forme of the said Charter.

The Statute of 38. Edw. 3. c. 9. thus seconds the former Statute, As to the Article made at the last Parliament of those that make greivous complaints to the King himselfe; It is assented, that if hee, that maketh the complaint, cannot proofe his intent against the Defendant, by the proces limmited in the said Article, hee shall be commanded to prison, there to abide, till hee hath made good to the party of his damages and of the slander, or that hee hath suffered by such occasion, and after shall make fine, and ransome to the King, and the point contained in the same Article, that the plaintife shall incurre the same paine, which the other should have, if hee were attained, (in case that his suggestion be found untrue) shall be taken away.

The Statute of 42. Edw. 3. c. 3. concludes thus; To eschew the mischiefes and damage, done to divers of the Commons, by false accusers, which oftentimes have made their accusations, more for vengeance and singular profit, then for the profit of the King, or of his people; of which accused persons, some have beene impri­soned, and others caused to come before the Kings Counsell by writ, and otherwise, upon greivous paine against the Law. It is assented and accorded for the good governance of the Commons, that no man [...]e put to answer without presentment before Justices, or thing of record, or by due proces, or by some writ originall, according to the old Law of the Land, and if any thing from henceforth be done to the contrary, it shall be voyd in the Law, and holden for E [...]ror.

All these recited Statutes, are mentioned and ratified, as the undoubted Lawes and Liberties of the Land, by the late Petition of right 3. Caroli. The famous Parliament held at Mathew Paris. Hist. Major. p. 96. 97. Claren­don, An. 1164. under King Hen. the second, subscribed and sworne to by Becket himselfe, and all the Prelates, Abbots, Clergy, Nobles, Barons, and Commons of England, as the un­doubted Law, and the custome of the Land, to be inviolably ob­served, enacted among other things, that Lay-men ought not t [...] be accused in the presence of the Bishop, unles it be per certos & legitimos accusatores & Testes: by certaine and lawfull accusers and witnesses. And that excommunicate person ought not to give caution to remaine, nor yet to give an Oath, when they are absolved, &c.

The Statute of 25. H. 8. c. 14. recites: That it standeth not with the right Order of Justice, nor good equity, that any person should be convict, and put to the losse of his life, name, or goods, un­lesse it be by DƲE ACCƲSATION AND WITNES, or by presentment, verdict, confession, or pro­ces of out Lawry; since by the Lawes of the Realme, for treason committed to the perill of the Kings most Royall Majesty, upon whose safe [...]y dependeth the whole Wealth of this Realme, no person can no way be put to death, but by presentment, verdict, confession, or proces of out lawry, Note. wherefore it is not reasonable, that any Ordinary, by any suspection, conceaved of his owne fantasie, without due accusation or presentment, (to wit, by a full Iury upon Oath) should put any subject of the Realme, to the infamy or slander of he­resie, to the perill of his life, losse of name, or goods; in considera­tion whereof it enacts, That every person or persons, being detected thereof, BY TWO LAVFVLL WITNESSES AT THE LEAST to any Ordinaries of this Realme, having power to examine heresies, shall and may after every such accusation and presentment, AND NOT OTHER­WISE, NOR BY ANY OTHER MEANES, be cited, convented, arrested, taken or ap­prehended by the said Ordinaries, or any other the Kings Mi­nisters, [Page 141] and subjects whosoever. And the Statute of 1. Eliz. c. 1. (which erects the High-Commission,) enacts, that no man shall be indicted, or arraigned for any offence against that Law, but by TWO SƲFFICIENT WITNESSES at the least, and that viva voce, face to face, if they be alive, or within the Realme.

The Statute of 2. H. 5. c. 3. enacts: That forasmuch as divers of the Kings leige people, be dayly cited to appeare in the spi­rituall Court, before spirituall Judges, there to answer to divers persons, as well of things as touch freehold, debt, trespasse, covenants and other things, whereof the connsans pertaineeth to the Court of our Soveraigne Lord the King, as of matrimony and testament, and when such persons so cited, appeare, and demaund a lible of that, that against them is surmised, TO BE INFOR­MED TO GIVE THEIR ANSWER THERE, or otherwise purchase a writ of our Soveraigne Lord the King, of Prohibition, according to their case, which lible is to them denied by the said spirituall Judges, to the Intent, that such persons should not be ayded by any such writ, against the Law, to the great damage of the persons so impleaded: That therfore from thenceforth the Lible should be granted and delivered to the party, WITHOƲT DIFFICƲLTY, (and that before any Oath given to answer it) and in case it be refused, a 4. E. 4. 37 Prohibition 8 Fitz. Nat. Brevium. f. 43. E. Against ex officio Proceedings. Prohibition lyes upon this Statute, as hath beene oft adjudged. By all these Statutes it is clearely re [...]olved.

1. First; That no man ought to be cited, prosecuted, or proceeded against meerely Ex officio, without a sufficient pro­secutor assigned, able to render sufficient dammages to the Par­ty prosecuted, in case hee be acquitted.

2. Secondly, That no man ought to be cited, convented,None to be arrested by any spirituall or temporall Iudge, no not for heresie upon bare suspition. arrested, or apprehended for heresie (much more then infe­riour and petty Ecclesiasticall crimes) upon suspection, or ma­lice [Page 142] onely: nor1. H. 7. c. 4 31. H. 8. c. 14. 23 Eli. c. 1. 35. Eli. c. 1. 3 Iac. c. 3 Against ex officio Oathes. unles hee be first either presented and indicted thereof upon Oath, by a verdict of 12. sufficient men, or lawfully accused and detected thereof by two lawfull witnesses at the least.

3 Thirdly, That no man ought by Law to be forced by Oath or answer to Articles to accuse himselfe, in any criminall causes, which concerne either his life, liberty, losse of goods, or freehold; but ought to be convicted by witnesses, present­ment, or the verdict of 12. men upon Oath; or by his owne voluntary confession, without Oath or coaction.

Against Pursevants and Inti­mations.4. Fourthly, That no mon ought to be cited, or brought into answer, but by due Proces of Law, and according to the old Law of the Land; therefore not by Pursevants, or inti­mations.

Against ex officio, oathes and putting men to An­swer, before they have a Coppy of their Ar­ticles.5. Fiftly, That no man ought to be put to answer, or take any Oath to answer in any Ecclesiasticall Court, before hee hath a copy of the lible; or Articles against him; and that this lible ought to be granted and delivered to him, without any diffi­culty, that so hee may either demurre, answere, or bring a Prohibition, as his cause shall require and advise with his Coun­cell, how to frame his answer, or demur legally for his best advantage, and security as hee doth in all Courts of Law and equity.

Against Ex­communica­tions for breach of Ca­nons, not ra­tified by Par­liament and Imprisonmēt by the Prelates.6. Sixthly, That no man ought to be outed, or deprived of his freehold, goods, chattles, or exiled, outlawed or excom­municated (for everySee Fitz. and Brooke, Tit. Excommengment, Little­ton, Sect. 193. and Cooke Ibidem. excommunication is an outlary, because it disables a man to sue, and may be pleaded in barre of his action at the Common Law, yea and an exile to, from the Church and socie­ty [Page 143] of the faithfull;) nor otherwise destroyed or condemned, nor yet fined, or imprisoned, but by the Law of the Land; that is, by the Common and Statute Law, of the Realme; not by any Ecclesiasticall Lawes, Canons or Constitutions, not ra­tified by the King and Parliament; and that by the lawfull judgement of his Peeres, not by Ecclesiasticall Iudges or Com­missioners; which can neither impose a fine on any man, nor de­prive him of his freehold, nor yet imprison, or lay any pecuniary mulct upon him, as the marginall Artic. Cler. c. 1. 2. 3 4. 2. R. 2. c. 5. 2 H 4. c. 15 2. H. 5. c. 7. 1. Eliz. c. 2. 5. Eli. c. 21. 23. 5. & 6. Ed. 6. c. 3. Register part. 1. f. 267. a. part. 2. f. 45 49. 50. b. 57. b. 52. 55. a. 56. a. 57. b. 59. a. 66. a. 67. b. 71. b. 99. a. Fiz. Nat. Brev. f. 51. K. 52. F. 53 a. 11. H. 4. 88. 20. E. 4 10. b. 22. E. 4. 20. 22 Ass. 70 Con­sultation. 57 Prohition 30 25. H. 8. c 14. 21. statutes and Lawbookes re­solve; but onely in case of heresie and incontinency of Preists; in which two cases, and no other, they are inabled to imprison by two late 1. H. 7. c. 4 25. H. 8. c. 14. Against ex officio, Pro­ceeds with­out a Prose­cutor. statutes; whereas at Common Law, they could im­prison in no case; neither can they now impose a fine in any case, either by the Common or any statute Law.

7. Seaventhly, That all proceedings, censures, excom­munications, oathes, fines, imprisonments, contrary to these statutes, are meerely erronious, and voyd in Law, and ought to be redressed and holden for none.

Yet notwithstanding all these just and equall statutes for the Subjects ease and benefit, our usurping domineering Pre­lates, both in their Consistories and Visitations, (but especially in the High-Commissions,) oppresse and greive his Majesties good Subjects, in all and every of these perticulars, contrary to the expresse Letter and provision of these reiterated Lawes.

1. First, In citing, prosecuting, and proceeding against men, meerely ex officio, upon bare superstitions, rumours, fames, (and oft-times out of meere malice,) without any sufficient ac­cuser, or prosecutor assigned to satisfie dammages to the par­ties unjustly vexed. And if any prosecutor be assigned (as many times there is not, neither in the High-Commission, nor their Consistories, it is commonly some apparitor, proctor, or proctors man, onely pro forma; or some officer, or wel-willer [Page 144] to the Court; so that if the parties be accquitted, yet they shall either have no costs at all allowed them, or very small, as experience witnesseth; and that because (as aBishop Whites Speech to Master Walter. Bishop lately told a freind of his, that was acquitted in the High-Commission, and then dismissed without costs,) they must not discourage prosecutors, else they should have no worke, and no griest would come unto their mils.

2 Secondly, They not onely cite and convent men upo [...] bare surmises, Against which Ter­tullian in his Apology, thus de­claimes: Natura fa­mae omnibus nota est vestrum; Est fana malum, quo non aliud velocius ul­lum: carca malum? quia velox, quia index? an quia pluri­mum men­dax? quae ne tunc quidem cum aliquid veri affert, fine mēdacij vitio est, detrahens adijiciens, immutans de veritate. Quid quod ea i [...] conditio est, ut non nisi quum mentitur perseveret, & tamdiu vivit, quamdiu non prob [...]t. Siquidem, ubi probavit, cessat esse, & quasi officio nunciandi functa, rem tradit: exin [...] res tenetur, res nominatur. Nec quisquam dicit (verbi gratia) fama est hoc Romae fa­ctum; aut fama est, illum pronunciam sortitum: sed sortitus est ille pronunciam, & [...] factū Romae. fama nomen incerti, locum non habet, ubi certum est. An verò fa [...] credat, nisi inconsideratus? quia sapiens non credit incerto, &c. Yet our Prelates prec [...] upon meere fames, and sweare Churchwardens to present upon them; though Tertullian and the Christians blamed it in the very Pagans. fames and suspitions, without any proceeding presentment or accusation by two sufficient witnesses, or more upon Oath, both in their Consistories, Visitations and elsewhere, b [...] likewise in their High-Commissions, arrest, apprehend, and im­prison them too, nay breake open, search, and ransacke their houses, studies, bookes, chests, truncks, shops, warehowses cabinets, writings by their pursevants and officers, as if the [...] were traytors to the King and State; and commit men close prisoners now and then, before any Articles, inditement, pre­sentment, or accusation upon oath against them; and that for the most part meerely out of malice; of purpose for vexation; A tyrannicall greivance, and an exorbitancy so excessive, so intollerable, so diametrally, contrary to all Law, equity, justice, and the forecited statutes, that the Parliament of 7. Jacobs in their Petition of greivances, exhibited to King James, (of which there are many printed copies extant) and sundry Parliaments since, have complained against it, as an insufferable outrage, burg­lary, and oppression, desiring a speedy reformation: upon which [Page 145] they receaved Royall promises, that these exorbitances should be re­dressed; though they be now more frequently practised, then in any former ages: as the late transacting of Doctor Stautons, Master Whites, and other mens studies, and their imprison­ment upon idle surmises, with sundry other presidents of this na­ture, witnes. Such proceedings, neither Christ, nor his A­postles, nor any godly Fathers of the Church, have ever used or approoved against the most infamous hereticks; unparalleld by any, but the Spanish or Romish Inquisitors, whose violent footesteps our mercifull, pittifull, fatherly, harmles Prelates now follow to an haires breadth; exceeding all temporall Magistrates in violence, injustice, cruelty, extortion and oppression; none being so merciles, cruell, furious, despitefull or pittiles, as many of our Prelates; who as Anthony Parson wittily answered some of them of old in theFox Acts & Monuments p. 1111. Booke of Martyrs, are rather become BITESHEEPES, then true Bishops, biting and devou­ring the poore sheepe of Christ, like ravening Wolves: Which con­sideration caused the godly Martyr Fox Acts, &c. p. 986. Master William Tyndall at his death, to Petition King Henry the eight, (a suit not unseasonable to our present Soveraigne) to have compassion on his poore Subjects, that the Realme utterly perish not with the wicked Counsaile and proceedings of our Pestilent Prelates; who have ever beene so prone to degenerate into cruell wolves, towards Christs poore flocke. That the very Booke of consecration of Bishops, ratified by5. E. 6. c. 2 8. Eliz. c 1. Act of Parliament, Canon. 36 subscribed to by our Prelates, and lately reprinted by the Archbishop of Canter­buries, commaund, prescribes this exhortation to all Bishops and Archbishops, at their consecration. Be to the flocke of Christ, a shepheard, not a wolfe; feed them, devoure them not: Which if they did well remember, they would no doubt correct these their extravagant excesses, which all men cry shame on, but them­selves; and they would not allow, nor practise, were it not to support their owne usurped Episcopall Iurisdiction, state, and power, the onely object, about whose Patronage this violent injustice is exercised; dignum patello operculum.

[Page 146] Against Ex officio oathes and Articles.3. Thirdly, They inforce men by Ex officio Oathes, and Articles to accuse themselves, even in criminall causes, which concerne both their credits, in respect of scandall; their libertie [...]; in regard of imprisonment: their freeholds and goods, in rela­tion; to those deprivations, suspentions, and fines, which they inflict for the most part in their Commission Courts upon the defendants selfe detection and answers. A proceeding, con­trary to the Common and statute Law of the Realme; which in no criminall case whatsoever, puts any delinquents upon any informa­tion, action, or inditement, to answer upon Oath, or to accuse themselves (no not in case of Treason, or felony, the most transcen­dent offences; nor yet in trespasse, or other petty misdemeanors, the argument used in the statute of 25. H. 8. c. 14. to condemne and abolish, Ex officio, oathes and proceedings, in case of heresie, and Ecclesiasticall offences) but puts the accuser to proove his informa­tion, plaint, inditement, or presentment by witnesses, and not by the defendants Oath or confession; the Common Law being so cu­rious in this; that it will not so much as put a Juror to a voyre-dire, upon any challenge, which toucheth him in his reputation, or savours of a crime (as for taking money, or giving up his verdict beforehand) though it forceth him to tell the truth upon his Oath, in other challenges of affinity, consanguinity and the like, which are neither scandalous, nor criminall; The reason whereof is given in our Lawbookes, because no man is bound to bewray himselfe, in things, which concerne his credit, liberty, life, or forfeiture of his estate, in which cases any man may lawfull refuse to take an Oath, or give any answer at all; as the 49. E. 3. 2. a. Fitz. chal­lenge 100. Brooke, 25. 7. H. 4. 10. a. Fitz. Iustice of Pearce, 172 Cromptons Iustice of peace p. 182 219. 2. Eli. c. 13. Dyer. 288. p. 51. marginall Law Authorities conclude and resolve. And for expresse authority in point. March. 18. Eliz. one Hinde was convented before the High-Commissioners for Symony, and com­mitted for refusing to answer upon Oath, to accuse himselfe, and upon a Haberes Corpus brought by him in the Common pleas, hee was delivered, after solemne debate, the Court adjudging the impri­sonment unlawfull in this case, because no man is bound by Law, in a case of crime, or scandall to accuse himselfe. Neither are those Ex officio, Oathes and Articles, contrary to the Common-Law: [Page 147] But to the Canon Law it selfe, whichGratian causa 2. qu. 5. 3 causa 3 qu. 9. cau. 5 qu. 20. causa 11. qu. 3. cau. 15. qu. 5. 6. requires wit­nesses and accusers face to face, to convict any man (especially a Mi­nister) of any crime, without forcing men, to accuse themselves, ei­ther upon Oath, or answer to Articles: And if witnesses faile, and accusers, the party by the Canon Law is acquitted. Which Law, though it prescribe sometimes an Oath of Purgation to the accused party, where there are stronge Presumptions and Circumstances, but no full legall proofe of guiltines, yet this is onely after full hea­ring of the cause and sentence given; not before it, (as our Ex officio Oathes now are, which precede the sight of the Articles) and that to purge and cleare the party, acquitted by sentence, not to detect and accuse him, that hee may be sentensed, yet this purgation, asCaus. 2. q. 5 Gratian and the Popes there quoted by him, resolve, is onely voluntary, not coactive; as the Parties not the Judges election, and that in case of Bishops and Ministers, not of Laymen, when their people shall earnestly require it; so that it hath no affinity with the Oath and Articles, Ex officio, (which are not arbitrary, but enforced under paine of imprisonment; not to purge, but to accuse and insnare; and that not at the peoples request, but against their vote and clamors) the maine argument produced for their Iustification. Nay these Oathes and Articles, Ex officio, areSee An. Melvini Celsae Com­missionis A­natomia. contrary to the Law of God himselfe, which re­quiresDeut. 17.6. c. 19. 15. Matth. 18.16. that every thing should be established, by the mouth of two or three witnesses: Eph. 5.29 Eccl. 7.16. Matth. 19.19. 1, Tim 5.8 that no accusation should be recea­ved against an Elder, (much lesse then no Elder condemned) but under two or three witnesses: ^o that every man should love, cherish, defend, and protect his owne fame, life, liberty, estate, and not destroy or ruine himselfe, contrary to our Saviours, and the Apostles owne practise, who Iohn 18.19.20.21.22.23.37. c. 19. 9. 10. Matth. 27.11. to 15. Acts 23. & 24. & 25. would not accuse themselves, nor answer to captious Interrogatories and questions propounded to them, by the High-Preists and Pilate, but put them to their proofes and witnesses; Contrary to the Jewes, In. 7. 51. Acts 23.35 c. 25. 16. 17. 18. yea Romans Law and proceedings, who condemned no man, before they had brought the accusers witnesses, and dilinquents, face to face, and beare their accusations, testimonies, and defence. Contrary to [Page 148] the note, Doctrine, and practise of many of our godly Martyrs, who affirmed it a thing contrary to Charity, to the Law of God, of nature, equity, common reason, and to the Canon and Civill Law it selfe, for men to bewray and accuse themselves, and therefore re­fused to take any Oath, or to answer to any Articles, to accuse them­selves, declaiming against Ex officio, Oathes and proceedings, as Antichristian, blowdy, tyrannicall, unnaturall, uncharitable, unreasonable, unjust, yea execrable, and Diabolicall, (though our Prelates still uphold them, plead for them, imprisoning, and using such as even out of conscience refuse to take them, rather like doggs then Christians, which shewes, whose off­spring they are) as is evident by Master William Tyndall in his workes, p. 122. 179. 208. 289. by the Brethrens Fox Acts & Monuments London 1510. p 950. 951 1006. 1021. 1022. 1643. 1616. 1661. 1777. 1778. 1813. 1814. 1815. 1849. 1872. 1873. 1874. 1843. 1844. 1845. 481. 482. 539. 651. All excellent passages a­gainst Ex Officio. Oa­thes and pro­ceedings. Letter to Thomas Philip Martyr; by that excellent passage of Master John Lambert Martyr, to this purpose in his answer, to his first and 41. Articles: by Master John Philpot Martyr, and his fellow prisoners, who would neither accuse nor detect themselfes, nor one another, and petitioned to the Parliament against these procee­dings and Oathes: by some of the fellowes of Kings Colledge in Cam­bridge, by Richard Woodman, and Reginald Eastland Martyr. (who alleadged that hee knew that to end a strife and Oath was law­full, but to begin a strife, an Oath is unlawfull, and therefore hee now refuseth to take his Oath in the beginning of this matter against him:) by Elizabeth Younge, Thomas Hitton, and Cuthbert Simpson Martyrs, and by Master John Fox himselfe; whom Doctor Sinopsis Pa­pismi 7. ge­nerall contr. q. 2. Andrew W [...]llet, Discourse of the abuses now in quest. Master Whethenhall, His Argument. Ma­ster Nicholas Fuller, and In his Scholasticall Discourse against the Cross. part. 2. c. 8. Sect. 2. p. 104. to 109. M [...]ster Parker, since have largely seconded, all of them passing a joynt sentence of condemnation against these Oathes and proceedings, which, say they, the very Fathers (as Athanasius, Ambrose, Chrisostome, and many others quoted byBibliothecasancta l. 6. Annot. 26. p. 434. 435. Sixtus Sennisis) have excceedingly declai­med [Page 149] against, as the High rode to perjury, and the very Devils precipise to tumble men headlong into hell, asSlades case 4. Report. f. 95. Sir Edward Cooke hath long since stiled them in his Reports; yea these Ex officio Oathes and Articles, are contrary to Archbishop Whitguifts owne confession and protestation before King James, and his Councell in the Conference at Hampton Court, p. 90. (set out by the Prelates themselves) where hee is brought in averring. That if any Article before the High-Comissioners, (much more then in their Consistories and Visitations) did touch the party any way, either for life, liberty or scandall, HEE MIGHT RE­FƲSE TO ANSWER, NEITHER WAS HEE ƲRGED THEREƲNTO.

But now the course is cleane contrary to what it was then, for if any man refuse to take the Oath, even before hee see whe­ther his Articles touch him in point of liberty, or scandall, (as all now doe, since they have made imprisonment, a censure of course, in all causes there sentensed,) or else refuse to answer, fully to their Articles which touch his reputation, liberty, and lively-hood, or the losse of his living and Ministry, hee shall be forthwith layd up in a filthy Dungeon, or nasty prison, as many of late and heretofore have beene; and their Articles taken as confessed. Such is their strange degenerate Iustice now, from what it was even in Bishop Whatguifts dayes. Finally, as these Ex officio Oathes and proceedings were founded on the Statute of 2. H. 4. c. 15. (which Master Fox in his Acts and Monuments therefore stiles the Statute Ex officio, p. 481. 482.) which was for mercy abandoned by the Statutes of 25. H. 8. c. 14. & 10. Eliz. c. 1. (which erects the High-Com­mission,) which expresly repeale the Statute of 2. H. 4. c. 17. (and by consequence these oathes and proceedings granted on it) which our High-Commissioners should be ashamed to use, since that Statute, which erects their Commission, thus precisely discordes them, & t [...]e A [...]ion which t [...]ey were founded: So they are contrary to the resolution of the Commons-howse of Parlia­ment, which hath oft complained against these Ex officio Oathes [Page 150] and proceedings, as intollerable greivances, pressures, contrary to all Law, and Justice; and by name in the printed Petition of greivances, 7. Jacobi; yea contrary to the late Petition of right it selfe 3. Caroly, which condemnes these Ex officio Oathes, in case of the late loue, (though prescribed by a speciall Commission,) as directly contrary to the Lawes, Statutes, Customes, and Fraun­chise of the Realme; and enacts: that no man shall from thence­forth be called to take such Oathes, or confined, imprisoned, or any way molested for refusing to take the same: Of which more anone. I shall therefore close up this perticular, with the expresse reso­lution of Judge Dyer f. 288. p. 51 Dyer, Catlyn, Saunders, and Whiddon, Pasc. 12. Eliz. where the case was this: A will of perjury was sued in Chancery, for perjury there committed, against the forme of the Statute of 5. Eliz. and the question was, whether if the De­fendent pleaded not guilty, whether hee shall sweare his plea, and answer to Interrogatories upon Oath; It was resolved by all the Judges, that hee should nor, (for this would inforce him to accuse and defame himselfe in such a criminall cause,) and that the pro­ceeding there should be by Latine will and answer, which upon issue joyned, should be tried by witnesses and a Jury in the Kings-Bench. A full resolution, that all Ex officio Oathes and proceedings in criminall causes, are directly against the very Common Law and Statutes of the Realme. Therefore to be abandoned and exploded; neither can any Commission whatsoever warrant them; since neither the 11. H. 4. f. 37. For­tesque de laudibus Le­gum Angliae, 42. Ass 5. Brooke Com­mission 15. 1. Ed. 3. 25. b. 20. H. 3. c 9. Against the High Com­missions pur­sevants, inti­mations and other Pro [...]es. King himselfe, nor the Pope and Pre­lates, have any power to alter or change the Law of the Land, but the whole Parliament onely, which so lately condemned both these Oathes and Commissions to administer them in the Peti­tion of right.

4. Fourthly, They are so farre from bringing men into an­swer, by due processe of Law, to wit, first by a Citation, then by an excommunication for default of appearing on the Cita­tion; and lastly by a Capias Excommunic [...]tum, directed to the Sherife, (the onely Ecclesiasticall proces and legall procee­ding, [Page 151] that the High-Commissioners can or ought to use,) that many times at the first dash they breake open mens howses vio­lently, as if they were Traitors and fellons, and attach them by their Pursevants, under whose hands they likewise oft detaine them many dayes together, without bayle or maineprize; putting the poore Subjects hereby to an intollerable expence to their great oppression and undoing; contrary to the course of all other Courts. If any man be brought into the Starchamber, for never so hainous offences, hee is not forthwith send for by a Pursevant, nor clapt up prisoner at the first boute, (which is to begin with execution, and quite contrary to all forecited Statutes,) but first of all a Sub poena is directed to him, the serving whereof costs him nothing, being ever done at the Plantiffes charge: If hee appeare not upon the Sub poena, then an Attachment issues to the Sherife, at the Plaintiffe cost too, till his contempt appeares; and then himselfe must beare the charge; which is not above 10. s. of course; if hee stand out an Attach­ment, then a Proclamation of rebellion issues, and then in the last place a Pursevant or Sergeant at armes is sent to bring him in. But in the High-Commission, a Pursevant is oft times the first proces, or a Citation served by a Pursevant; which costs every Defendant that lives 40. or 50. miles of the Court, some­times 3. 4. 5. or 6. p. a peece; whereas in all other Courts the first proces costs them nothing. After which Citation followes an Attachment, and that saved or executed by a speciall Purse­vant at the like rate. Then they send out Intimation, upon Intimation, of 20. 30. 40. 50. or a 100. s. a peece to appeare by such a day, which upon default they estreet into the Esche­quer. A new kinde of Proces, never heard of, till of late, to fine men before app [...]rance, and for not appearing, contrary to the course of all other Courts, and to the Common Law and Statutes, which expresly Artic. [...]leri c. 1. 2. 3. 4. 5. & 6. c. 3. 1. Eliz. c. 2. Fitz. Nat. Brevium 51. R 5. 2. F. 53. A. See (d) be­fore. resolves, that Ecclesiast [...]call Judges, and Commissioners, can impose no fine, or pecuniary mulct, on any, person by way of Censure, for any Ecclesiasticall offence, muchlesse then by way of processe. All these their proces and proceedings [Page 152] are irregular, contrary to all the forecited statutes; and intol­lerable greivances, oppressions to the Subjects, as the Com­mons howse of Parliament, in their Petition of greivances, 1. Jacob, and in most Parliaments, since have resolved, and our Iudges long since determined: yet our Prelates are now more exor­bitant, in this violent oppressive course of proceeding then ever, especially against godly co [...]scionable Ministers and people; and that for meere toyes and triffles; upon the information of every Drunkard, or base idle wretched companion; who out of ma­lice and spite alone shall attempt to prosecute them. InSimpsons case 42. Eli. 42 of Queene Elizabeth, the High-Commissioners directed a war­rant, to one Richard Butler, Constable of Aldrington in the Coun­try of Northampton, for attaching and arresting the body of J [...]b, Simpson of that Parish, and the bringing of him before them, for committing adultery with the wife of Edward Fust, the Constable hereupon with one William Johnson, Fusts servant, came to a widdowes howse in Aldrington, where Simpson was; at eight a clocke at night, and the doores being open, would have arrested Simpson, by vertue of the High Commissioners warrant, which hee there read unto him. Simpson notwithstanding resisted, and in his owne defence shot Johnson, who came in aide of the Constable, with a Pistoll, so as hee fell downe dead, for which being arraigned at Northampton, assises following, the question grew, whether this were willfull murder, or manslaughter onely? for if the Co [...] stable had lawfull authority to arrest him, then it was w llfull mur­ther, otherwise but manslaughter se defendendo. The matter being of great waight, was deferred till next assises, and upon con­ference with all the Judges of England, it was resolved; that it was onely manslaughter se defendendo, because though the Commissio­ners had power given them to attach, and arrest offenders by Pur­sevant, or warrant, by the words of their Commission, yet the statute of 1. Eliz. c. 11. on which the Commission is grounded, gives the [...] no such authority, and so their Commission as to that particul [...] voyd in Law, and the Statute giving them no power to arr [...] Simpson, but to proceed against h m by Citation onely, and othe [...] [Page 153] Ecclesiasticall proces, the Constables warrant was meerely voyed. And hereupon Simpson being indicted of willfull murther, was by the Jury found not guilty, by the direction of the Court, and so ac­quitted. A full and most pregnant resolution in a point by all the Iudges; that the High-Commissioners cannot lawfully ar­rest any man by Pursevant or warrant, (as now they dayly doe)Muchlesse then can they breake up and ran­sacke any mans howse, as now they doe. no though his doores be open, and the words of their Com­mission authorize them so to doe; and that the killing of theit Pursevants and officers in such cases (much more then where they ransacke and violently breake up mens howses,Cooke Re­port. 2. Bet­tisworthes case, fol. 32. which are their Castles in all cases, except fellony or Treason,) is no murther in point of Law, wherefore all their Attach­ments, arrests by Pursevants or others, and their new invented Intimations, are meere extravagant oppressions, greivances, and innovations, contrary to the forecited Lawes; And so was it agreed by the Court in Lucas his case, hil 30. Car in the Kings Bench.

5. Fiftly, That no man ought to be denied a Coppy of his Articles in the High-Commission upon his ap­parance be­fore any Oath or an­swer holden: and that the denying of the Coppy of the Articles, before Oath, or answer, & the Oath, and proceedings Ex officio, are against Law. Whereas in all other Courts of Iustice in the Kingdome, the defendants upon their appearance may freely take a copy of the information, bill, plaint, or Articles exhibi­ted, against them, to repaire therewith to Councell, to crave advise, whether to answere or demurre thereto in Law, as the case shall require; and to direct them how to answer legally, and cauteously for their best advantage, without taking any Oath to answer upon their appearance; before they see the bill, information, plaint, or Articles; taking onely an Oath upon the putting in of their answer, (after it is perused, engrossed, and subscribed by their Councell) That it is a true answer; yet our Prelates in their High-Commission and Consistories, are growen so strangly, exorbitant and unreasonable, as upon mens appearance, before any sight or knowledge of the Ar­ticles [Page 154] exhibited against them, yea oft times before any Articles drawen, to force men, to take an Oath, to make full and true an­swer to all such Articles, as are or shall be exhibited against them: which must needs be a meere rash, brutish inconsiderate Oath; voyd both of righteousnes and Judgement, (twoIer. 4.2. essen­tiall properties of every Christian Oath) fitter for beasts then men, and very prejudiciall to the parties. I read inDe persecu­tione Vanda­lica. l. 4. Victor Ʋ [...]censis, that when King Hunerichus his Commissioners urged the orthodoxall Bishops and Ministers of Affricke, assembled together before them, to sweare to a certaine shedule tendred to them, before they had read and perused it; Hortulanus and Flo­rentianus with all the others replyed to them, Nunquid Bruta nos irrationalia, sumus, ut nescientes quid Charta contineat facile aut temere juremus, What are we un­reasonable bruite Beasts, that wee should easily or rashly sweare, not knowing what the Charter containes? Yet such bruite beasts will our Prelates make men, that they must either sweare to answer Articles, before they know whether there are any Articles at all drawne up against them; or if exhibited, what it is they containe, or whether they are fit to be answered or no; or whether the Court hath Iurisdiction in the things ob­jected; or whether they shall live or be forced to answer them or no; or else they must forthwith be dragged to prison. Alas, what is Barbarisme and inhumanity in the one; or rash unad­vised swearing without Iudgement and righteousnesse, in the other, if this be not? yet this is the Fatherly Charity, mercy and Iustice of our Prelates in their High-Commission See the Ap­pellation of Iohn Penrie to the High-Court and Parliament, An. 1589. p. 42. to 47. withi [...] parralell, or president among Turkes and Infidels themselve [...] IfOpus im­perfect. in Math. Ho­mily, 12. Sant Chrysostome were so much against swearing in any c [...] before Ecclesiasticall Iudges (as Master Miles His Exhor­tation to ac­customable swearers. Cover d [...] B [...]shop of Exeter records of him) that hee thus rebukes Clearg [...] men for administring an Oath to others to sweare men: Audit [...] Clerici, &c. Heare this, O yee Clarkes, or Cleargy-men who reach out the holy Euangelists to them that sweare; how can [...] be secure from that Oath, or this precept of our Saviours, swe [...] [Page 155] not at all, who give an occasion of perjury? Can hee who carrieth fire, whence burning is occasioned, be free from that burning? or hee who holds out a sword by which murther is committed, is not hee a sharer in that homicide? So hee who gives an occasion of perjury to another, is a partaker of his perjury. Let the fire cease and there will be no burning; take away the sword, and murther will not be committed; take away an Oath, & there will be no perjury. If it were just to sweare well, yee might justly excuse your selfes, by saying, wee have given them the Gospell that they might sweare, not that they might forsweare; but now since yee know THAT EVEN, TO SWEARE WELL IS A SIN, (and so resolve most of the See Sixtus Senensis Bibl. Sancta lib. anot. 26. p. 433. 434 435. Fathers on that Text of Math. 5.) how can yee be free, who give an occasion of sinning against God? If this Father thus declaimed against the Oathes administred by Cler­gy men in his time, what would hee say of these rash inconside­rate Ex officio Oathes in our dayes, and of those Prelates, who force men to them, and imprison those who make conscience of them? doubtles hee would have filled the world with Rheto­ricall invectives against them both, and condemne them as in­fringers of the third Exo. 20.7 Commandement, with other Math. 5.34.36. Iam. 5.12. texts of Scripture; and of the 39. Article of our Church, which con­demnes all vaine and rash swearing, (and what can be more vaine or rash, then to sweare to answer Articles, not yet drawne, or such as we have neither seene nor know what matters they containe?) and all swearing before a Magistrate, unles it be in a cause of faith and Charity; (and what Charity is it to inforce a man, to accuse, detect, defame himselfe, or others to his or their ruine?) and done according to the Prophets teaching in justice, judgement, and truth; as these rash oathes are not; for what justice can there be in this, to violate all these rules of justice? to make a man his owne accuser, betrayer? and to force him to sweare to answer such Articles, which the Law perchance allowes him to demurre to, without Oath, or to take of by a Prohibition without answer, or to refuse to give answer to? what judgement can there bee, to sweare, to give a true full [Page 156] answer to Articles which we neither know as yet to be, or if they be, yet are utterly ignorant what they doe or may com­prise? Or what truth can there be, to sweare to answer Articles, which perchance by reason of sicknesse, death, freinds, com­position, demurre, or a Prohibition, wee shall never give an answer to; and by reason of our owne perticular ingagements to secure, favour, helpe our selves, wee are in all legall probabili­ty more likely to answer falsly or fraudulently then fully and truly (as the most usually doe) the cause why no Littleton. Sect. 212. 7. H. 6. 19. a. 9. H. 6. 10. 12. H. 4. 8. Brooke Leet. 12. Iudex, Assessor, Advocatus, Executor non possunt esse testes. Glossa in Gratianum: Causa 2. Quaest. 6. cap. statutum est: And all Civilians & Canonists in their Titles, De Testibus: & Iudice. Law permits any man to be a witnes, Judge, or Juror in his owne cause? well, when this rash Oath is thus inforced and taken before sight of Arti­cles; which the party may justly refuse, and if they be com­mitted for not taking it; the Iudges on a Habes corpus, ought to bayle them (as hath beene expresly judged in Leighs case, M. 9. & 10. Eliz. and in Hindes case M. 18. and 19. Eliz. in the C. B. and 3. Jacobi, in Berries case in the Kings Bench,) shall the party have a Copy of his Articles forthwith, to goe to Councell or men skillfull in the Lawes to advise him, (being ignorant perchance himselfe in Law affaires) how to answer, as is usuall in all Courts of Iustice else? No, his Majesties poore Subjects (being purposely for the most part brought before them to en­snare and intrapp themselves,) must have no copy at all of their Articles given them, whereby to put in their answers by advice of Councell to25. H. 8. c. 14. captious and grosse interrogatories, able to intangle the most intelligent; or to advise with their freinds and Councell whether the Atticles be fit to be answered, or rather demurred unto; or to moove for a prohibition before answer given, if there be just cause; butPs. 44.22 Rom. 8.36. like sheepe appointed for the slaughter, and destined to ruine, must answer their Articles and put in their answers, before they shall have a Coppy of them; and this answer must be dictated Ex tempore, by the parties to the Register, who must write it from their owne mouthes, and they then answer as hee thinkes fit, else hee will not write nor repeat their answers; and the defendants or their Councell, must neither draw nor ingrosse their owne answers, neither may [Page 157] they have liberty to carry their answeres to their Councell to peruse after the Register hath written them, before they be put into Court, past all alteration and amendement. And if the party will make a defence or justification in his answer, by shewing the reasons, either why hee doth, or refuseth to doe this, or that hee is charged with; The Register either will not or may not write it; and the answer written must be purged and corrected in such cases, as the Register and Commissioners thinke fit; witnes Master Snellings late case, for not reading the Declaration; with others, whose answers and Justifications would by no meanes be receaved, and were rased and purged after they were receaved and put in. Our reverend Martyr Arch­bishop Cramner, in hisFox Acts and Monu­ments. p. 1708. appeale from the Pope to the next gene­rall Councell, makes these two cheife causes of his Appeale: The right reverend Father James Brookes, Bishop of Glocester, Judge and Deputy, under the most reverend Cardinall Poole caused me to be cited at Oxford (where I was then kept in prison) to answer to certaine Articles, concerning the danger of my state and life, and when I being unlearned and ignorant in the Lawes, desired councell of the learned in the Law, that thing was MOST ƲNRIGHTEOƲSLY DENIED ME, CONTRARY TO THE EQƲITY OF ALL LAWES, BOTH OF GOD AND MAN. Wherein againe I feele me MOST WRONGFƲLLY GREIVED. And when hee had required of me answers to certaine Articles, I refused to make him any answer; I said I would yet gladly make answere to the most renowmed Kings and Queenes Deputies or Atturnies then pre­sent, with this condition notwithstanding, that my answer should be extrajudiciall, and that was permitted me. And with this my Protestation made and admitted, I made answer: but mine answer was sodaine and unprovided for, and therefore I desired to have a Coppy of mine Answeres, that I might put to, take away, change and amend them; an [...] this was also permitted to me. (which yet is now denied men in the High-Commission, who can nei­ther [Page 158] have Coppy of Articles, or Answere out of Court, to advise which Counsell or amend what is amisse by direction of Counsell, till the answer be in past all alteration) Nevertheles, contrary to this promise made to me, no respect had of my Pro­testation nor license given me to amend mine answere, the second reve­rend Father Bishop of Glocester commaunded mine answers to be inacted, CONTRARY TO THE EQƲITY OF THE LAW. In vvich thing againe I feel my selfe much greived. This denying therefore of men, the Liberty of making their Answers by their Counsells advise learned in the Law, and to have Coppies of their Articles, and Answers before their answeres be in, to mend their answers by advise of Lawyers, is in this Archbishops and Martyrs judgement, a most un­righteous thing, contrary to the equity of all Lavves both of God and man, and a most vvrongfull gravance to the Subjects, giving them just cause of Appeale. Yet forsooth, it is the cause and custome of this most unrighteous Court, and must not be altered upon any termes. Moreover, whereas in all other Courts of justice every man ought to have all his charges together at first, in one Bill, Plaint, or Information, to which nothing can be added or inserted afterward, especially after appearance or answer given; yet in these vexations extravagant Courts of Ill-justice, you shall have additionall Articles, exhibited and propounded after the originall given out and answered, of purpose to vexe and insnare the parties, and to gaine the Register a double Fee for their answer, and sometimes additionals upon additionals, con­taining new matter or captious crosse interrogatories, to the end, you shall not escape Scot free, all which you must an­swer by vertue of your first Oath, before any coppy given you to advise with Councell: By meanes whereof and of some generall words (as Conventicles, Schismatickes, Sedition, non-conformity, and the like inserted into Articles) many ignorant, innocent people are intangled at unawares, and made guilty of that they are altogether guiltles, being quite deprived of the benefit of Law and Lawyers; who are cheifly necessary to di­rect [Page 159] them in their answers, which either acquit or condemne them for the most part. And as Doctor Barnes in his Suppli­cation to King Henry the eight p. 183. writ of the Prelates Courts in those dayes; So by these insnaring trickes and de­vices, wee may say of the High-Commission and Bishops Consistories now: In the Bishops Court no man (especially no good man, that opposeth their tyranny and proceedings) can be found innocent. Is not this a marveilous Court, that they have, vvherein there vvas never any man accused of heresie or scisme, vvere bee learned or unlearned, but they found him gulty? Is not that a marveilous Court, that never hath innocents? What Court vvithin this Realme may say this againe? Now whether these practises and proceedings of our Prelates, both in their Consistories and High-Commission Courts, complained of longe agoe, in 2. H. 5. c. 3. in 7. Jacobi, and every Parliament since, as an intollerable greivance, be not the very extremity of oppression, tyranny, and injustice,See a booke intituled A Petition to the Queens Majesty, p. 60. to 82 And In. Penry his ap­pellations to the High-Court of Parliament, p. 42. to 47. Conference at Hampton Court p. 89. accordingly. as bad or vvorse, then any in the Spanish or Romish Inquisition, from vvhence they are derived, and more exorbitant, then any of our Popish Bishops proceedings here­tofore against our Martyrs, recorded by Master Fox, let the indifferent and intelligent judge, yet our holy, just, and merci­full ghostly Fathers, who condemne the Presbyterians for not being mercifull as their heavenly Father is mercifull, not vvalking in love tovvards their brethren, not loving their enemies, and blessing those that curse them, (as Bishop White hath lately done, in his Epistle to the Archbishop of Canterbury, before his Doctrine of the Sabbath,) where hee shewes himselfe most uncharitable, and farre more guilty of this sin, then any of those hee censures for it, whom hee dismisseth with this Episcopall benediction, well be fitting his fatherly Candor, piety, and pitty, ABEANT IN MALAM CRƲCEM, such a blessing, as never from any Christians penne before,) justify, and defend these unchristian, I had allmost sayd Antichristian practises and proceedings, with blushlesse faces, though all men else are ashamed of them, exclaime, passe sentence against them; in­flicting [Page 160] nothing but fines, imprisonments, execrations, ex­communications, suspentions, deprivations, with the extreami­ty of all miseries (the weapons of their Christian warfare) upon al [...] who dare oppose them, or refuse to submit unto them, as if they gloryed in nothing more then in tyranny, oppression, inhu­manity, injustice, the cheife props to support their usurped hierarchicall domineering power over the poore flocke o [...] Christ, which they thus miserable fleece, slaye, devoure, like so manyHab. 1.8. Zeph. 3.3. Acts 20.29 ravening evening Wolves.

That the High-Com­missioners can neither fine nor im­prison. Sixtly, They fine, imprison, suspend, deprive, outlaw, exile, condemne, destroy his Majesties Subjects, and put them from their free-holds, callings, not onely without, and besides, but directly against the Law (to wit, the Common Law, of the Land, upon Articles, Canons, Constitutions, Cere­monies of their owne making, (which are no Ed. 1. the Statute of Biggany, c. 6 25. H 8. c. 14. 19. 21. 27. H. 8 c. 15. 1. Eli. c. 1. 2. 31. H. 8. c. 114. 34. H. 8. c. 1. 35 H. 8. c. 5. 1. & 2. Phil. & Mary, c 8. 32. H. 8. c. 38. 2. Ed. 6. c. 21. 36. E. 3. c. 8 2. H. 5. Sta [...]. 2. c. 2. Seldem Notae ad Eadmerum, p. 168. 169. Eadmerus Hist. Novorum, l. 1. p. 6. l. 3. p. 67. l. 4 p. 94. 95. Fox Acts and Monuments, f. 96. Law of the Land unles confirmed by Act of Parliament) and for matters no way criminall by any Law or Canon. To instance in some particulars, by what Law of the Land, I pray, was Master Peter Smart, a reverend Prebend and Minister of Durham, fined, imprisoned, and deprived, An. 1629. by the High-Commissioners of Yorke, both of his Prebendary and living onely, for preaching against the setting up of Images, Altars, bowing to them, and placing them at the East end of the Church; directly contrary to the booke of Common Prayer, and the Homily against the Perill of Idolatry, confirmed by Act 13. Eliz c. 12. of Parlia­ment, to whichCanon 36. all Ministers and Bishops subscribe? By what Law of the Land was Master George Huntly, not longe since fined, imprisoned, deprived of his living, and degraded of his Ministry, for refusing to preach a Visitation Sermon upon the Archdeacons warning, though hee were then sickly and unable t [...] [Page 161] preach, and sent xxs to him to procure another to preach for him; [...]ere being no Canon Law or Statute extant, enjoyning Mi­ [...]isters to preach at Visitations; butLindewood lib. 1. De of­ficio Archi­diaconi, fol. 36. &c. many prescribing the [...]shops and Archdeacons, who visit to preach themselves in person. [...]y what Law of the Land was one Master Crowder, Vicar of Vell, neare None such about 6. yeares since, committed close [...]risoner to New-gate, 16. weekes together, by the now Arch­ [...]ishops of Canterbury and Yorke, under pretence of some [...]reasonable words, delivered in the Pulpit; (but in truth, be­ [...]ause hee preached conscionably twice a dayAmos, 7.12.13. neare the Court, [...]nd would not resigne his Vicaridge;) and after that deprived, [...]oth of his Vicaridge and Ministry in the High-Commission, without any Articles at all exhibited, or witnesses examined a­gainst him, or any proofe, confession or conviction of any [...]rime, under this pretext, that the matters against him were so foule, as they weare not fit to be Articled or prooved in Court against him, nor yet to be notified to himselfe, that hee might either defend or justify himselfe if innocent, or confesse [...]nd amend if peccarit? A proceeding so desperatly, trascendent­ [...]y injust, and yet most true, that no age, no Court of justice whatsoever can parralell it, in the most barbarous tyrannicall places or ages of the world? By what Law of the Land, I pray, was Master John Hayden, a poore Devonshire Minister, about 7. yeares since, for preaching a Sermon at Norwich, wherein hee let fall some passages against setting up of Images in Churches (contrary to the Homily of the perill of the Idolatry) andA Ceremo­ny not pre­scribed by the Common Prayer Booke, and therefore not to be used by any in time of divine Service, by the expresse statute of 1. Eliz. c. 2. which enacts, That no other Rite or Ceremony shall be used in time of divine Ser­vice or Sa­craments; then those prescribed in the Booke of Common Prayer, un­der paine of imprisonment, and other penalties and forefaitures therein mentioned. A thing worthy ob­servation. bowing at the name of Jesus, apprehended like a traytor, with Constables, Bills, Halberts, by Doctor Harsnet, then Bishop of Norwich, and brought manacled to him like a fellon; and for this offence onely committed by him close prisoner to the Common-goale at Norwich for 13. weekes space or more; where hee was like to starve, the Bishop taking away [Page 162] from him both his money, papers, horse; and when the Iustices of peace at their quarter-sessions upon his petition would have bayld him; By what Law did the Bishop, to prevent his bayl­ing, tell them, that hee would lay high-treason to his charge; and after that send him up to London by an High-Commission Pursevant, under whose custody hee was kept without bayle or mainprise for two whole Termes or more, till his cause came to hearing before the High-Commissioners in the Consistory of Pauls, onely upon these two points? or by what Law did the High-Commissioners then & there censure him to be impri­soned, deprived of his Ministry, orders, and to pay a fine be­sides, meerely for preaching against Images, and this superstitious Ceremony? Or by what Law did the CommissionersAn. 1634 about the later end of the Somer vacation. since that time, imprison him in the Gatehouse Common Dungeon, and the now Archbishop of Canterbury send him from thence to Bride-well to be whipped, and there keepe him all the last extreame cold winter in a cold darke Dungeon, without fire or candle-light, chained to a post in the midst of a roome, with heavy Irons on his hands and feete, allowing him onely bread and water, and a Pad of straw to lye on: and since upon his releafe, cause him to take an Oath, and give bond to preach no more, and to depart the Kingdome within 3. weekes or a moneths space, and not to returne; and all this onely for preaching againe after his first unjust deprivation, though no ex­ception was taken against his Doctrine?

A tyranny and barbarous cruelty transcending, at least­wise paralelling, the very worst of Boners andSee Con­salvus De Inquisitione Hispanica. Spanish In­quisitors proceedings. By what Law of the Land was Master Hugh Peter, Lecturer of Sepulchers in London, deprived of his lecture, and committed close prisonerAn. 1628 about 7. yeares since; for 6. weakes space together; (and Master Hierom another Minister too at that season) by the Commissioners, be­fore any Articles exhibited against him: though some Noble men interceeded for him, and tendered to bayle him; and all for this capitall offence, that hee was a zealous powerfull preacher, and [Page 163] too much followed after by the people? By what Law of the Land was Master John Vicars of Stamford, first sent for by a Pursevant, and clapt up prisoner upon a Papists, and drunken Inkeepers bare accusation, for many weekes together, before any Articles exhibited against him; and afterwards when hee was let out upon bayle, enforced to give bond, not to goe 10. miles from London, nor yet to goe downe to Stamford, no not to examine and prepare his witnesses (which at first hee was denied,) and after this imprisoned, fined, and deprived of his living, upon meere frivilous allegations, disprooved by many sufficient witnesses, and prooved but by two or three dissolute and meane persons onely; and yet those no crimes at all against any Statute, Canon, or Articles of our Church? By what Law of the Land was Butter the Bookeseller, committed to the Fleet, by the Archbishop of Canterbury (then of London) as an High-Commissioner, onely for printing a passage against the Arminians, in Iustification of Bishop Hall, the Synod of Dort, and Doctrine of the Church of England, in a Letter of Doctor Davenates, then Bishop of Salisbury to Bishop Hall, the omission whereof would have mangled both the letter and sence, because Martine his Chaplaine (who licensed the let­ter for the Presse) to please the Arminians, and betray the truth, had given direction that this passage (the maine part and scope of the letter) should be left out? By what Law of the Land can the High-Commissioners proceed against Printers and Stationers; (yea and Authors too) for breach of a Decree of Starchamber, made for their better ordering, (a thingSo was it ruled in the C. B. 4. Ca­roli in Master Sparkes and Iones case, where a pro­hibition was granted. meerely Civill, not Ecclesiasticall, punishable onely in that Court which made it, and untransferrible to any other, being no Act of Parlia­ment, and binding none but such as are parties to it,) and there­upon burne their Letters, Bookes, Presses, yea fine, imprison, and put them from their trades, for printing, writing, and vent­ing orthodoxe Bookes against Papists and Arminians, in de­fence of the Doctrine of the Church of England, as they have done in the case of Butter, Sparkes, Jones, and others of late [Page 164] yeares? By what Law of the Land did they convent Doctor Souge, Doctor Sibbs, Doctor Taylor, and Master Davenport, as notorious delinquents, onely for setting their hands to a Certificate (upon intreaty testifying the distressed condition of some poore Mi­nisters of the Palatinate, and furthering a private Contribution among charitable Christians for their releife, when publike Collections failed. By what Law of God, or of the Realme, did they lately send for the Major, Towne Clarke, and some Aldermen of Glocester, as grosse delinquents, onely for granting a small anuity to their painefull and faithfull Minister, Master Workman, so longe as hee should continue among them, towards the better maintenance of himselfe and his Children, and cause them to re­voke their grant? as if charity it selfe to distressed faithfull godly Ministers, were a notorious offence, as these uncharitable Pre­lates make it; who will neither suffer such Ministers to injoy their livings or Ministry; nor permit others to releife them, when themselves have stript them of both; and all their meanes besides, onely for their diligence and profitablenes in their places. By what Law of the Land was Sir Giles Allington Knight, about 6. yeares since, fined no lesse then 10. thousand pounds by the High-Commissioners, and more over imprisoned and excommunicated, onely for marrying his halfe sisters daughter by the fathers side with license, it being lawfull though not usuall, in the judgement of many Divines and Canonists, whose opi­nions hee had under their hands before the marriage, and clearely out of the words of the Leviticall Degrees, and so lawfull and dispunishable in point of Law, by the expresse Statutes of 32. H. 8. c. 38. yet in force, at leastwise not fineable and punishable in this maner? By what Law of the Land wasAn. 1634. the Major of Arundell, not long since, fined and censured by the Commission at Lambeth, onely for doing justice according to his Oath, his duty, and the Law of the Land, in imprisoning a notorious drunken Clergy man, for his drunkennes, his misbehaviour, both in words and deeds to himselfe and the Constables (in affront of Iustice, and breaking of the peace,) and that but for one nights space, and the [Page 165] releasing him upon his submission, before hee needed, without any further punishment? (And all for sooth because hee was a Clergyman, whom our Prelates now strife to exempt from his Ma­jesties Lawes and all temporall Jurisdiction, Keilwey fol. 181. 182. 183. 184. 185. for which they are in a Premunire.) And yet not censure, nor deprive the Clergy­man for his beastly drunkennes and disorders, as hee deserved? Alas, what a strange age is this wherein wee live; that the very doing of justice, and the punishment of notorious malefactors, according to Law and Oath, must even by Prelates themselves be censured as a crime, and the malefactor justified and ac­quitted? What is this,Esay. 5.20.23. but to call evill good, and good evill, to put darknes for light, and light for darknes; to put bitter for sweet, and sweet for bitter? to justifie the wicked for reward, and take away the righteousnes of the righteouse from him? By what Law of the Land have at least 20. Ministers beene questioned, fined, censured, imprisoned, and put by their livings of late, meerely for refusing to bow at the naming of Jesus, or for preach [...]ng against it? The Booke of Common prayer, and OTHER RITES AND CEREMONIES OF THE CHƲRCH OF ENGLAND, (wherein all rites and Ceremonies inforce, or by Law established in our Church are comprized) doth not so much as mention it; and many learned writers of our Church, asThe poore­mans libra­ry Tom. 2. fol. 43. 44. 103. 104. Bishop Alley, Exposition of the Catho­like faith, p. 195. 196. 197. Bishop Babington, Answer to William Reynolds, p. 398. 399. Doctor Whitaker, Notes on Phi. 2. Sect. 2. Doctor Fulke, Synopsis papismi Cont. 2. Error. 51. Doctor Willet, On Phi. 2.9.10.11. Doctor Airay, and See lame Giles, and another Discourse lately published against this Ceremony. others of late have written a­gainst it, as superstitious and Pop [...]sh, if not Idolatrous, andEcclesiasti­call polity. l 5 S. 30. Ma­ster Richard Hooker, andAnswer to Cartwright. Archbishop Whitguift, confessed it, merely arbitrary, & that no man ought to be urged to it; yet the bare omission, or disallowing of this ceremony, is now a commōSee Bishop Mountagues, Archbishop Lawdes, Bishop Wrens, Bishop Peerce and others Visitation Articles. Ar­ticle [Page 166] in our Prelates Visitations Consistories, and Commission Courts, though no Law of the Land require it, muchlesse prescribe any penalty to such as refuse to use or preach against it? By what Law of the Land, have many Ministers and others beene pro­secuted, sentenced, imprisoned, suspended, and put from their livings, onely for preaching, writing in Defence of the Articles and Doctrine of the Church of England against Arminians and Papists? and yet not so much as one Minister or Writer questioned, cen­sured, fined, or imprisoned by them for writing and preaching in defence of Popery and Arminianisme, against the Doctrine and Articles of the Church of England, as Bishop Mountagus, Bishop Wren, Master Cozens, Master Shelford, Chouney, Bishop White, Doctor Heylin, Doctor Pocklington, in their Bookes and Sermons, andBishop Mountagues late Sermon in defence of Altars, Con­trary to his Majesties Declaration before the 39 Articles, and his De­claration about the Dissolution of the Par­liament, p. 20. 21. 42. many others in their Sermons, at Court at Pauls, in both Universities, and elsewhere have lately done? By what Law of the Land have many of the best and painefullest Ministers, beene now of late suspended, silenced, excommu­nicated, and put from their livings onely, for refusing out of con­science to read the late Declaration for sports in their Churches, in time of Divine Service as his Majesties, though it came not to them under his Seale; though there be no Law, Canon, nor any one sillable in the Declaration, prescribing it to be read in Churches, or that Ministers should read or publish it; yea no penalty threatned to any that refuse to read it, and no Authori­ty given to Bishops, or others to question or punish such who refuse to read it? And when as Doctor John White himselfe, in his way to the true Church, 5. times printed by Authority, and justified, and defended by Doctor Francis White, now Bishop of Ely, Sect. 38. n. 1. p. 111. Digress. 46. Sect. 43 n. 6 p. 165. 166 severely censures Papists for prophaning the Sabbath, by Greenes, Ales, Dauncing, and other heathenish customes; branding this Position of Cardinall Tolet, justified by the Declaration; Th [...] it is lawfull on the Sabbath-day to follow suites, travell, hu [...] DAƲNCE, and such like; as a point of Popish Religion, which directly tends to the maintenance of open sinne and liberty of life; that a Doctrine of the Papists, which not onely infers, but ex­presly [Page 167] allowes most palpable wickednes, directly tending to the deso­lation of publike governement, and private honesty; which hath made the Papists the most notorious Sabbath-breakers that live: And so altogether unfit both in point of conscience, piety, and policy, to be published by any Protestant Minister in the Church and presence of God himselfe, to damne both their owne and their peoples soules; and much more unfit for any Bishops to urge so farre as to silence, suspend, and excommunicate Ministers, for not reading it out of conscience, as many Bishops have done to their eternall infamy, and yet proceed to doe, as if they were the very Devils Bishops, rather then Gods; and Atheists rather then Christians, Papists rather then Protestants, as some feare they are. By what Law of the Land was Master Chaunsie, a reverend learned Minister, very lately suspended, fined, impri­soned, untill hee should make his submission; onely for opposing the railing in of the Communion Table at ware (for which there is neither Law nor Canon) before any order under Seale given for that purpose? By what Law of the Land were the Churchwardens of Ipswitch and Beckington, newly excommunicated, and threatned the High-Commission, for refusing to remoove their Communion-Tables out of the body of the Church or Chancell, where they stood ever since the beginning of reformation, and to place them Altar-wise at the East end of the Church, and there to rayle them in close prisoners against the wall; contrary to the veryBefore the communion. Rubricke of the Common Prayer booke, toThe latter end. Queene Elizabeths Injunctions, the practise of the Primitive, and all Protestant Churches, as The Reply to Harding, Artic. 3. Divis. 26. p. 145. 146 his answer to Hardings preface: And Art. 13. Divis. 6. p. 362. Bis­hop Jewell prooves at large out of Eusebius, Augustine, the Acts of the 5. Councell of Constantinople, Durandus, Gentianus Zervet­tus, the moderne Greeke Church and others; and the constant usage of the Church of England ever since reformation; yea contrary to the expresse words of the Bishops owne Canons 1603. Canon 82. all which prescribe, that the Table at the Celebration of the Communion (at least if not at other times) shall stand or then be placed in the So Master Bucer would have it placed, in his Censure of the Booke of Common Prayer, in his Scripta An­glicana, p. 457. and Doctor Wil­let to, in his Synopsis Pa­pismi. The 9 generall controversie, qu. 6. Error. 51 and Dr. Raynolds, in his Cōference with Hart. c. 8. Divis. 4 and Bishop Farrar. Fox Acts and Monuments, p. 1404. 1406. and Doctor Fulke on Hebr. 13. Sect. 6. body of the Church or Chancell, in so good sort as there [Page 168] by the Minister may be more conveniently heard of the Communi­cants in his prayer and administration (which hee cannot be at the upper end of the Chancell, being most remote from the people, where the Masse priests used to consecrate in a low dumbe voice) and the Communicants also more conveniently, and in more number may communicate, with the said Minister, who is injoyed to stand at the North-side (not end) of the Table, which must therefore stand Table not Altar-wise, as these our Popish Innovators would place it; who teaching menGiles Wid­dowes Scis­maticall pu­ritaine, p. 89 Mr. Shel­ford in his 1. treatise p. 2. and Ed­mund Reeves in his Expo­sition of the Catechisme in the Com­mon prayer booke. to bow to Communion-Tables and Altars, because they are the place of Christs especially presence, and pleading so much for their Quires, (which they now Jewishly stile their Thus they called it in the High-Commission in the case of Master Chaunsie, & Master Ward. Sanctum Sanctorum, and make more holy then the other parts of their Church,) should for these very grounds and reasons place their Communion-Tables and Altars (as they will have them called) in the midst, not at the East-end of their Quires, because Christ hath promised,Matth. 18.20. that were two or three are gathered together in his name, there hee will be, and is in the midst (not at the East-end or one side) of them, because God is said Psal. 46.5. & 46.9. Ier. 14 9. 1. Kings 3.8. Hosea. 11.9. Ioel. 2.27. Zeph. 3.5.15.17. Rev 1.13. & 2.1. & 5.6. to be in the midst of his people and holy Temple (not at the East-end, where no seats, no people must be suffered) forA reason oft used by the Bishops in the High-Commission and elsewhere, and by Shel­ford, and Reeves in their late idle bookes. feare of sitting above Christ, and taking the wall of God Almighty, fine frierlike, ridiculous reasons, fitter for Schoole-boyes then Pre­lates, or grave Divines, and because the Quire or Sanctum Sanctorum (asOriginum l. 6. c. 19. Isidor Hispalensis, Rabanus Maurus, with Servius in Virgili. l. 6. c. 8. Calepine, Holioke and others, Tit. Chorus. others testifie, hath its very name from the scituation of the Altar, in the midst of it, and the Preists and people standing round [Page 169] about it: Chorus (say they) est multitudo in sacris Col­lectus, & dictus Chorus quod injicio in modum Co­ronae CIRCA (not juxta) ARAS starent, (therefore certainly they stood in the midst of the quire, not at the East-end against the Wall,) Et ita psallerent; which is further evident by these ancient verses of Virgill:

AndGenialium dierum, l. 4. c. 17. fol. 126. by Alexander ab Alexandro, who assures us, that those who sacrificed to the Gods, weare accustomed to sing praises [...]ito them, pedibusque circum Aras psallere ad mu­ [...]erum, and to daunce round about their Altars singing; and that it was observed, that the sacrificers Aras circum-curre­ [...]ent, would runne See Athe­naeus depu. l. 13. c. 1. Plutarchi Lucruita Instituta, and Xeno­phon Lace­daem. Respublica. Psal. 26.6. Ezech. 6.4.5. Levit. 1.14.15.16.12. Chron. 5.12. accordingly. round about the Altars, beginning their Course from the left hand to the right, which they esteemed more religious, and afterwards from the right hand to the left: All which [...]s seconded and confirmed by Strabo Geogr. l. 10. and by Plato, Legum Dialog. 7. HenceHistor. l. 10. c. 4. Eusebius writes, that the Altar both in the ancient Temple of the Jewes, and in his dayes, was placed in the midst of the Quire; not at the East-end; andDe Verbis Dom. secun­dum Ioan. Sermon. 42. See Chrys. Hom. 1. in Isay. 6.1. and Nazianzen. Orat. 21. [...]. 399. accodingly. Sant Augustine after him, Christ feeedeth us dayly, Mensa ipsius est [...]lla in medio constituta: This is his Table here set in the midst; and hence it is recorded in the 1. Action of the 5. Councell [Page 170] of Constantinople, that when the Chapter was reading: currit omnes multitudo cum magno silentio circum circa Al [...]are & audiebant; all the people with great silence drew neare round about the Altar, and gave eare. From which au­thorities and sundry others, asAnswer to Hardings preface, Re­ply to Har­ding. Art. 3. Divis. 26. p. 145. 146 Bishop Jewell, Notes on Exod. c. 20. & 27. p. 279. 397. B [...]shop Ba­bington, Docto [...] Farrar, Doctor Fulke, Doctor Raynoldes, Walafridus Strabo, De rebus Eccle­siasticis, c. 4. 19. p. 954. 955. Doctor Wil­let Synopsis Papismi, Cent. 2. Er. 35. p. 496. with others, and ourRubricke before the Communiō. Common prayer Booke, Canon 82. Canons and Q. Eliz. Injunction neare the end. In­junctions prescribe and conclude, that the Communion-Table ought to stand in the midst of the Church or Quire; where our Novellors must now place their Altars, or Lords Tables, else they will overthrow their Quires, and Sanctum Sanctorums, which they so much contend, for which had their very names, Originals, and essence, even from the scituation of the Altar in the midst of them.

By what Law of the Land have Master John Cloberry, Master Brooke, Master Stanely, and many others beene imprisoned, if not fined by our Prelates, in matters of Allemony, for refusing to humour and maintaine their disobedient undutifull domineering, if not whorish wives, departing away from them, either upon small occasions, or without any just cause at all, contrary to all Law? A greivance, against Esther. 1.12. to the end. Ephes. 5.22.23.24. Scripture, so by name com­plained of in Parliamnt, 7. Jacobi, and other Parliaments since, and for which Prohibitions have usually beene granted, till now of late. By what Law of the Land have many of late, for re­fusing to Bp. Hooper in his 6. Sermon on Ionah preached before and dedicated to King Edward the 6. Thomas Becon in his Comparison betweene the Lords Supper and the Popes Masse, f. 102. 103. vol. 3. and in his Catechisme, fol. 484. 485. dedicated to all the Bishops of England, and printed Cum privilegio, condemne this gesture of kneelings, as contrary to Christs Institution, and tending to superstition and Idolatry, and wish it were taken away. The Dialogue betweene Custome and verity. Fox Acts and Monuments, p. 1264. and divers of our learned and authorized writers have beene of the same judgement: why then the not using of it, out of conscience, should be such a crime as now it is made, I see no [...]eason. kneele at the Sacrament; and others onely for ad­ministring [Page 171] the Sacrament to such as kneele not, beene imprisoned, fined, suspended, and put from their livings, by the High-Commissioners, who have no conusans of these causes, nor of any offences against the Statute of 1. Eliz. c. 2. which Statute being made the same Parliament, with that which erects the High-Commission, particularly, and precisely limiting, what penalty every transgressor of it, shall suffer, who is made a de­linquent by it alone; and expresly defining, that the Justices of Oyer and Terminer, or of Assise, and the Majors and Baliefes of every cheife Towne, shall inquire, heare, and determine all and all maner of offences that shall be committed, contrary to any Article of that Act, with such temporall and corporall penalties onely as therein are prescribed; and that no person or persons shall at any time hereafter be impeached, or otherwise molested, of or for any the offences therein mentioned, unlesse hee or they so offending, be there of indicted at the next Generall Sessions, holden before the Justices of Oyer and Determiner of Assise; And then authorizing all Archbishops, Bishops, Archdeacons, with their Chauncellors, Commissaries, Officials, and other Ordinaries, having peculiars to inquire in their Visitations, Synods, and elsewhere, within their Jurisdiction of all offences against that Act, and to punish the same by admonition, excommunication, Sequestration, Deprivation, and other Ecclesiasticall Censures, onely according to the Queenes Ec­clesiasticall Lawes; and providing that hee who is punished by the Ordinary, by Ecclesiasticall Censures shall not be convicted for the same offence before the Justices, and punished with temporall penalties and so è converso; And giving the Ecclesiasticall Commissio­ners no power at all to punish any offence against this Act, though it names them in the last proviso upon another occasion; how the High-Commissioners can lawfully question, fine, im­prison, suspend, or punish any Ministers or Laymen (as they dayly doe) for offences against this Law, of which they are ex­cluded the Conusans, and that one, two, three, foure or 5. yeares after the offence committed: or how they can inflict both emporall and Ecclesiasticall Censures at once for the same [Page 172] offences, or impose greater or other fines, or penalties, on de­linquents then this Statute limits, I cannot possibly discerne, neither could any man as yet informe me. True it is thatBut not kneeling in the Act of receiving, is no offence in the people, without o­ther circum­stances a­gainst any clause of this Act, and so not punish­able by it, especially where it is done out of conscience, not out of contempt, or scisme. of­fences against this Act, are fit to be duly punished, yet onely in such maner and forme, and by such Iudges, such persons, as the Law it selfe prescribes. But that the High-Commissioners should punish them, and that in such maner, as themselves thinke meet at what time soever they please, is neither reason­able nor agreeable to this Law of the Land. Moreover, what Law of the Land, authorizeth our Bishops and Ordinaries, in their Visitations and Consistories, to excommunicate, or the High-Commissions to punish and imprison his Majesties Sub­jects, who resort to divine Service, and Sermons, and are no heretickes nor Anabaptists from, but conformable members of our Church, onely for repeating their Ministers Sermons with their families, freinds, and neighbours, or for reading Chapters, singing of Psalmes, (and sometimes upon occasion for praying & keep­ing private Fasts together,) after they have been at Church on Lords-dayes, holy dayes, or Lecture-dayes, under pretence forsooth, that these their Christian meetings for these private commendable exercises of Religion Mal. 3.16. Heb. 10.24 25. Col. 3.16. Eph. 5.19.20. Acts 2.1.44.46.47. c. 12.5.12. c. 20.20. [...] Matth. 13.10. to 53. Deut. 6.6.7.8.9. Ter­tullian. Apo­logia advers. gentes. Chrysostome hom. 2.3.4.10.29. in Gen. hom. 5.78. in Matth. hom. 2. in Iohan. Cesarius Arelatensis. hom. 20. Bishop Iewell Defence of the Apologie, part. 5. c. 3. Divi. 4. p. 449. (approoved and practised by Christians in all ages) are unlawfull Conventicles, and these conformable persons, Conven­ticlers? which yet 35. Eliz. c. 1. Iustinian. Codicis, li. 1. De Episcopis & Clerici, lex. 15. f. 13. & De Summa Trinitate. lex. 2. Canons. 1603. Can. 11.12.73. none can be in Law or truth, but heretiques, or Anabaptists, severing themselves from our publike Congregations, and erecting a new forme of Discipline and Service of God in private corners, different from that of our present Church. Certainly there is no Law of the Land, nay no Canon of the Church, by which our Prelates or Commissioners can judge these private Christian meetings and exercises, Conventicles, or punish these conformable members of our Church, who out of Conscience, [Page 173] and piety use them, as Conventiclers, much lesse can they pro­duce any Scripture, Divinity, religion, good reason, or ancient Presidenrs for it. What Law of the Land authorizeth Bishops to be both informers, accusers, witnesses, and Judges, and that in their owne cases; contrary to the statute of Chap. 29 See Fox Act and Monu­ments, p. 1054. 1320. 1769. Magna Charta, re­quiting, that men shall be judged by the lawfull Judgement of their Peeres, that is, by lawfull and indifferent Judges, not such as are our parties, prosecutors, or enemies, contrary to the9. H. 6. 10. 7. H. 6. 13. a. 11. H. 4. 8. Bro. Leet. 13. Littlet. Sect. 212. Cookes insti­tutes, ibid. Common and 18. E. 3. Stat. 3. the Oath of the Iudges. Statute Law, yea Littleton, Sect. 212. 1. E. 3. 13. a. 23. a. 5. E. 3. 8. 8. E. 3. 2. 22. E. 3. E. 3. 94. 95. 30. E. 3. 13. a. 38. E. 2. 16. 5. H. 7. 9 a. all common sence and reason, & the veryNec ullus unquam presumat ac­cusator si­mul esse, & Index vel testis, quoniam in omni judicio quatuor personas necesse est semper [...]lesse, id est, Iudices Electos, & accusatores, ac defensores atque testes. Fabiani Papae Decre­ta, Epist. 2. Surius Concil. Tom. 1. p. 214. which overthrowes all Ex officio Oathes and proceedings. Canon Law? yet such are they in their officio proceedings, and Commissions for the most part, where they are both prosecu­tors, accusers, witnesses and Iudges, and that in their owne cases. I might runne through infinite other particulars, for which the High-Commissioners dayly fine and imprison his Majesties Subjects, and thrust many Godly Ministers both from their li­vings, lectures and ministry; If I should demand of them, by what Law of the Land they doe it? or what Law or Canon makes those very things, for which they are censured, criminall offences? it would put them to A non-plus, and upon diligent inquiry made after such Lawes or Canons, they must returne, ei­ther an Ignoramus, or Non est inventus. For example, what Law of the Land, what Canon or Article of our Church, makes the bare affirmation? That Bishops and Ministers are one and the same in office and Authority Iure Divino, and that the difference in Jurisdiction, power, and superiority, now betweene them is by the grant and favour of Princes onely (the See Gersonius Bucerus Dissertatio de Gubernatione Eccles. The Petition to Queene Elizabeth, Doctor Bastwicke, De Iure Episcopali and others, who have written in that subject. professed Doctrine of the Fathers, of all forraigne Protestant Churches, writers of our owne Church and Authors, and the expresse resolution of the Statutes of 25. H. 8. c. 19. 26. H. 8. c. 1. 37. H. 8. c. 17. 1. E. 6. c. 2. [Page 174] 1. Eliz. c. 1. and 8. Eliz. c. 1.) either an error or an offence; yet Doctor Bastwicke for this orthodoxe Doctrine (confessed to be an undoubted truth byp. 383. Against Carthw. Archbishop Whitguift Of the Prin­ces Supre­macy, p. 259 926. Anselmus Cantuarien­sit in 1 Tim. 3. Tit. 1.5. 7 Phil. 1.11 Richardus Armachanus l. 11. De Quest. Arm. c. 1 to 7. Bishop Bridges, and allBp. Iewell Defence of the Apolog. part. 2. c. 3. Divis. 5. p. 99. 100. &c. p. 102. Bp. Hooper on the 8. Com­mandement, Bishop La­timer in his Sermon of the Plough, Bishop Alley his poore­mans Libra­ry, part. 1. f 95. 96. all the Bps. and Cleargy of England in their institution of a Christian man, dedicated to King Henry the 8. An. 1537. c. of Orders. Wicklif. Dialog. l. 4. c. 15. 16. 26. Mr. Nowels Reproofe of Dormam. f. 45. 46. other our Bishops in their writings against the Popes supremacy, and urged by them and all other Pro­testant writers whatsoever of that subject, as a principall unanswer­able argument against the Popes pretended Soveraignty over all o­ther Bishops and Ministers by divine institution (though our Prelates, in the Controversies betweene them and the Puritans, as they call them playing the turne coates, directly denie it, and brand it as an Arian heresie, because it utterly overthrows their Episco­pall Superintendency, and domineering Lordship over their fellow Ministers) brought in onely by way of Argument, in a La­tine Booke, printed beyond the Seas, in defence of the Kings Prerogative Royall, and other Ministers and Bishops liberties against the Popes and Italian Prelates usurpations, without any the least relation to our Bishops, who are not so much as named nor intimated therein, must be excommunicated, imprisoned, fined no lesse then one thousand (and by the now Archbishop of Canterbury two thousand pounds) to his Majesty, and debarred, his practise of Phisicke. (So dangerous an offence is it now for any man to shew himselfe a true loyall Subject to his Majesty, in defending his Crowne and dignity, against the Popes & Prelates incroachments, according to their Oath of Supremacy and alle­giance prescribed by the selfe same statute, which erects the High-Commission) and the Bishops themselves, contrary to all Law and justice, even in this case which immediately concerned themselves alone, must be both his accusers and Iudges, and passe this doome upon him though his professed enemies, what Law, [Page 175] or Canon is there that makes preaching against See Ma­ster Stubbs his anatomy of abuses and his alarum to England. Master Iohn Northbrooke in his Trea­tise against playes and enterludes, dauncing, and other vaine and idle Pastimes, and Hum­phry Roberts his com­plaint for reformation, of divers abuses and prophana­tions on the Sabbath-day. Maygames, May-poles, mixt and lascivious dauncing (especially on the Lords-day) cringing to Altars, turning Communion-Tables into Altars, or placing and rayling them in Altarwise at the East-End of the Church, or preaching that the Sacraments and preaching ought to goe hand in hand, the one being in manner dumbe without the other; that Bishops and Ministers in the primitive Church were usually elected by the whole Cleargy and people See Cata­log testium veritatis, 1562. Appendix, p. 33. to 56 and Gersonius Bucerus De Gubernat. Eccles. and Fex Acts and Monuments, p. 1109. (a truth most cleare and undeniable,) that a wounded conscience is such a tender thing, that it connot beare the waight of 3. Steeples on it; that Christians ought to avoyd ill Company as dangerous, since Peter being in the company of the High-Preists Servants denied his Master, and the like, neither crimes nor errors? yet Master Workman, Master Ward, Master Wilson, Master Brodet, and other Ministers have beene lately fined, censured, deprived, or suspended for these capitall, exorbitant offences, and put by their Ministry: In a word, there is scarce one fine, or sentence given in the High-Commission; but is directly contrary to Magna Charta, the Law of the Land, and all the forecited statutes.

To make this undeniable, it is and must be confessed on all hands.

1. First, Artic. Cler. c. 1. 2. 3. 4. 5. 5 R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 23. H. 8. c. 9. 25. H. 8. c. 14. 31. H. 8. c. 14. 34. H. 8. c. 1. 1. H. 7. c. 4. Lindewood lib. 3. De poenis fol. 231. 232 and the writs, De excommunicato capiendo, and Apostata capiendo, resolve as much. That no Ecclesiasticall Judge, or person could by the Common Law of the Realme, either fine, or imprison any man for any Ecclesiasticall offence or breach of any Canons, which being Ecclesiasticall, can prescribe no temporall, but onely Ecclesiasticall punishments and censures?

2. Secondly, That no 5. R. 2. c. 5. 2. H. 4. c. 15. 2. H. 5. c. 7. 1. H. 7. c. 4. man can be fined, or imprisoned in [Page 176] any case whatsoever of Ecclesiasticall Conusans, by any Ecclesiasticall Judge, unlesse some Act of Parliament, give that Judge particular power to fine and imprison in those particular cases.

3. Thirdly, That the power of sining and imprisonment, given to Ecclesiasticall Judges, in one particular case or two onely, cannot be extended by equity to any other Plowden, f. 17. 86. 124. 19. H. 6. 47. Brooke Treason, 8. 12. 21. H. 7. 21. all penall Statutes, being ever to be taken strictly for the Subjects liberty and ease.

4. Fourthly, That the Statute of 1. Elizabeth c. 1. by restoring and uniting the ancient Ecclesiasticall Jurisdiction to the Crowne, and giving the King power to delegate it over by his Letters Patents to Commissioners to execute it, did neither alter nor intent to alter either the nature or punishment, of Ecclesiasticall offences, so as to make them temporall and punishable by fine and imprisonment (which are truly and meerely temporall and not Ecclesiasticall Censures,That the Statute of 1. Eliz. c. 1. gives the [...] High-Com­missioners no power to sine or imprison. but left them Ecclesiasticall to be proceeded against, by Ecclesia­sticall processe and censures onely, as before the making of that Act, not by fine and imprisonment, which I shall make cleare by these ensuing reasons.

1. First, Because the Statute26. H. 8. c. 1. 1. Eliz. c. 1. 8. Eliz. c. 1. unites to the Crowne onely, such Jurisdictions, Priviledges, Superiorities, and Preheminences, Spirituall and Ecclesiasticall, as by any Spirituall and Ecclesiasticall power or authority had heretofore beene, or might lawfully be exer­cised, or used for the Visitation of the Ecclesiasticall State, and persons, and for the reformation, Order, and correction of the same, &c. So that nothing but bare Ecclesiasticall power in cases meerely Ecclesiasticall, and such as had beene before that time lawfully exercised, and used by Ecclesiasticall power and persons, is u­nited to the Crowne in such maner and forme onely as Eccle­siastical persons used it. This meere Ecclesiasticall power thus united the Statute, authorizeth the Queene and her Successors to delegate by Letters Patents to such naturall borne Subjects, who shall exercise, use and execute under them all maner of Jurisdictions, [Page 177] Priviledges or Preheminences touching or concerning any Eccle­siasticall (not temporall) Jurisdiction, and shall visit, reforme, correct, &c. all such Errors so as by any maner spirituall or Eccle­siasticall power, (not temporall) authority or Jurisdiction can or may be lawfully reformed, &c. And that after the said Letters Patents to them made and delivered. Then they shall have full power &c. to exercise, use and execute all the premises, (that is, all maner of Jurisdictions, priviledges, and preheminences, spirituall and Ecclesiasticall) according to the tenor and effect of the said Let­ters Patents, that is, for such and so long time, for such and such precincts, at such convenient seasons and places, and for such offences, Errors and misdemeanours, as shall be conteined in the Letters Patents; And that according to the Ecclesiasticall Law and maner of proceedings and Censures, (as is cleare by the precedent words) not in such an arbitrary course of vio­lent and unjust proceedings by Pursevants, attachments, fines, imprisonments, and the like, as the Prelates by their policy, power and flattery, shall at any time procure to be inserted into their Commission, as they now most absurdly interprete it; for that weare not to delegate or exercise an Ecclesiasticall, but a meere temporall Jurisdiction, never lawfully exercised before by any Ecclesiasticall power or authority. And if the King should insert into his Patents, that the Commissioners might at their discretions censure men to be banished, whipped, pil­lored, branded, dismembered, burned, executed, or t [...]at they should forfeit their lands or goods for Ecclesiasticall offences, (which hee may as lawfully doe, as that t [...]ey shall be fined, or imprisoned,) these proceedings should be thought lawfull, and warranted by this last clause: (According to the tenor and effect of the said Letters Patents,) which no man in his right sences dare affirme.

2. Secondly, There is not one sillable in all this clause, con­cerning the Delegation of the Kings Ecclesiasticall power, touching, fining, imprisoning, or inflicting any other tempo­rall [Page 178] punishments upon the Subjects for Ecclesiasticall offences▪ Therefore doubtlesse no intendement of the Law-makers, that they should be punished in this maner; who would have de­clared as much in expresse words, at least, had they intended any such proceedings, neither shall the liberty of the Subjects, per­sons, or goods, against imprisonment and illegall fines, ratified by Magna Charta, and the fore-named Statutes, in expresse termes be taken away by this Statute, onely by strained infe­rences and intendements, without any expresse words at all.

3. Thirdly, This very Act before this clause, repeales the bloody Law of 2. H. 4. c. 15. revived by Queene Mary; autho­rizing ordinaries and others to imprison, fine, and proceed against men Ex officio, by selfe accusing, Oathes and captious ensnaring Articles and interrogatories to entrap them. (So the Statute of 25. H. 8. c. 14. brands them,) of that, which they called and deemed heresie, and false Doctrine, as an unjust, bloody and ty­rannicall Law, (so Master Acts and Monuments p. 481. 482 539. 997. 956. 957. 960. Fox, oftentimes stiles it,) upon which all the Martyrs in martyrs dayes were butchered by the Prelates: Therefore certainly it would never revive the same proceedings, oathes and censures by implication onely, which i [...] expresly repealed in the former branch.

4. Fourthly, It cannot possibly be intended, that this Par­liament in the first yeare of Queene Elizabeth, so soone after the Marian persecution, should in the very first Act they made, increase the penalties of Ecclesiasticall offences, and make them more penall to the Subjects then for mercy they were, i [...] Queene Maries dayes, by making them liable to Ecclesiastica [...] and temporall Censures, both at once, when as before all o [...] them, (except what they made and interpreted to be heresie and scisme,) were onely punished with Ecclesiasticall Censures, and to give the Prelates and every Ecclesiasticall Commissione [...] more power over the Subjects then ever the Pope; (whose au­thority they abolished by this Act) did formerly exercise and injoy [...] [Page 179] For this had beene nothing else, but to shake of a lighter yoke of bondage from the subjects necks, to put on an heavier; to erect a new Starchamber for Ecclesiasticall offences; to set up many Popes whilest they banished one, and to punish one offence twice, by inflicting at one and the selfe time in the same Court, both temporall and spirituall Censures. Therefore question­lesse these Ecclesiasticall errors and offences, were not intended by them to be punished by fine or imprisonment.

5. Fiftly, It cannot be imagined, that the Parliament would give such unlimited power to the Queene and every of her Commissioners and Prelates, as the greatest Courts of the Kingdome never before injoyed, no not the Parliament it selfe: The Queenes highest temporall Courts of Iustice, could but fine and imprison men for those offences which are not capitall, but not excommunicate, degrade or punish them with tem­porall and Ecclesiasticall Censures both at once, for one and the same temporall, or any Ecclesiasticall crime: her Ecclesiasti­call Courts, could onely inflict Ecclesiasticall censures on her Subjects before this Act, for spirituall offences, but not fine and imprison them to. And would the Parliament (thinke you) then give so much power to every Commissioner by this Act, as to imprison, fine, excommunicate, deprive, degrade, and in some cases also to adjudge to death, or exile, any of her Sub­jects for Ecclesiasticall misdemeanors onely? This verily had beene a strange oversight, rashnes, and such a vasalage, as no wise men whatsoever would pull upon their heads: therefore it cannot be presumed of here, what ever our Prelates and their favourers pretend.

6. Sixthly, This very Act distinguished Ecclesiasticall Juris­diction, Judges, causes, offences, proceedings and punishments from temporall, and temporall from Ecclesiasticall, both in the prece­dent and subsequent clauses, as things alwayes distinct See Petrus Bertrandus, Eduensis E­piscopus, De origine & usu Iuris­dictionum, and Henry Lord Staf­ford of the true diffe­rence be­tweene regall and Eccle­siasticall power, King Edgers Orat. Fox Acts & Monuments p. 153. Sol­deni ad Ead­merum, Notae 26. H. 8. c. 1. Cooke 5. Report. Cawdries case, Sir Iohn Davis his Irish Re­ports the case of Premu­nire. and se­vered, in respect of their matter, maner, forme, execution, and [Page 180] never confounded together: It cannot therefore be conjectured that it would unite and confound them both together, in our Prelates and Ecclesiasticall Commissioners in correcting Eccle­siasticall offences by temporall and Ecclesiasticall processe, cen­sures, and proceedings both at once?

7. Seaventhly, This Statute gives the Queene and her Suc­cessors the selfesame Jurisdiction, power and authority, as the Sta­tute of 26. H. 8. c. 1. did to King Henry the 8. and his Com­missioners; But King Henry and his Visitators, his Commissio­ners proceeded onely by Ecclesiasticall Censures against delin­quents, not by temporall, as is cleare by the very words of 37. H. 8. c. 17. Therefore the Queenes and her Successors by vertue of this Statute ought to doe so now.

8. Eightly, The Statutes of 13. Eliz. c. 12. & 3. Jacobi, c. 4. 5. expresly rancke the Commissioners in causes Ecclesiasticall in equipage with Archbishops, Bishops, and other Ecclesiasticall Judges, providing, that they may inflict Ecclesiasticall Censures, according to the Ecclesiasticall Law upon Ministers, who offend against the 39. Articles and recustomes to, notwitthstanding tem­porall Censures and penalties to be inflicted on them by temporall Judges and Justices; putting the Ecclesiasticall Commissioners in op­position to temporall Judges, and confining them expresly to Eccle­siasticall Censures; not one Statute so much as intimating that they can fine, imprison, or inflict any other temporall Censures, nor giving them power so to doe. These Acts therefore, com­pared with the severall Statutes of 37. H. 8. c. 17. 1. Ed. 6. c. 2. 2. & 3. Edw. 6. c. 1. 13. 19. 23. 3. & 4. Edw. 6. c. 10. 11. 5. & 6. E. 6. c. 1. 2. 3. 4. 1. M. Sess. 2. c. 2. 3. 1. & 2. P. & M. c. 6. 8. 1. Eliz. c. 2. 5. Eliz. c. 1. 23. 8. Eliz. c. 1. 13. Eliz. c. 8. 18. Eliz. c. 10. 23. Eliz. c. 1. 31. Eliz. c. 6. 4. Ja­cobi. c. 5. 1. Car. c. 1. 3. Car. c. 1. which expresly distinguish betweene temporall and Ecclesiasticall Censures and Iurisdictions; appropriating the first, onely to temporall Iudges and Magistrates, [Page 181] the other to Ecclesiasticall, are a direct resolution, that the High-Commissioners and spirituall Iudges, can neither fine, nor im­prison his Majesties Subjects for Ecclesiasticall offences, by vertue of the Statute of 1. Eliz. c. 1. but onely proceed by Eccle­siasticall Processe and Censures of the Church; and that this Act leaves all Ecclesiasticall offences and proceedings, as it found them without any alteration.

9. Ninthly, The Statute of Magna Charta c. 20. and others forecited, expresly resolve, that no man shall be imprison­ed, sined, outlawed, destroyed, or outed of his freehold, goods, and chatles, but by the Law of the Land. TheSee Mar­silius Pata­vinus, De­fensoris pacis, pars 2. c. 15 16. 17. &c. that Bishops have no coer­cive power to fine, or im­prison, ex­cellently prooved, and Wicklif. Dialog. l. 4. c. 15. 16. &c. that they ought not to have persons to imprison any man, & Fox, p. 499. Law of the Land therefore being that Ecclesiasticall Iudges and Commissioners can fine or imprison, no free man for Ecclesiasticall offences, contempts, or breach of Ecclesiasticall Constitutions, Canons, Ceremonies, Orders, Injunctions, unlesse some Act of Par­liament in expresse termes prescribes, and gives them such power. This Satute of 1. Eliz. c. 1. which speakes not one sillable, that Ecclesiasticall Commissioners shall fine, or imprison any man for Ecclesiasticall misdemeanors, not punishable by fine or imprisonment before this Act, shall not by a meere wrested inferrence and implication, be interpreted or strained so farre, as to give them such a power, in opposition to Magna Charta, and all the former positive Lawes; The rather.Brooke Commissions 3. 15. 16. 42. Ass. 12. 5. 38. Ass. 32. Imprisonment Br. 100. 8. E. 4. 14. 6. E. 4. 9. 39. E. 3. 7. 1. H. 7. 4. Fitz. Monstrance De Faites 132. 2. H. 5. 5. 6. Dier. 475. Cook 7. Report. fol. 20. and 8. f. 117. to 121. and C. 11. f. 52. and Tr. 3. Caroli. B. Rex. The case of the Towne of Boston are expresly resolved, that no Cor­poration or company can prescribe or make By-Lawes, to imprison any man, because it is contrary to Magna Charta; and that Com­missions, to arrest or imprison men, are voyd in Law, because no man ought to be arrested, but upon Inditement, suite of the party, or other due processe of Law.

[Page 182]10. Tenthly, All Ecclesiasticall proceedings and Censures whatsoever in criminall causes are onely, pro Salute animae & reformatione morum, as is resolved, C. 5. C. Report. f. 6. a. Cawdries case, which is effected by excommunications and penance, which punish the Soules, not by fine and imprisonment, which punish onely the purses and Bodies of delinquents. This Statute therefore being principally made for the reformation of mens Soules and maners by Ecclesiasticall Censures, as is resolved in Cawdries case, shall not be extended to fines and im­prisonments, which are but corporall Censures.

11. Finally, The lower howse of Parliament, in 3. and 7. Iacobi, and in many Parliaments since, have resolved, that the High-Commissioners fining, and imprisonment for Ecclesiasticall offences, (which are not ordered to be so punished by expresse Statutes, yet in force, by sprituall Iudges and ordinaries) is an intollerable greivance, oppression, and vexation, not warranted by the Statute of 1. Eliz. c. 1. which gives them no such power, but to proceed onely by Ecclesiasticall processe and Censures; Sir Edward Cooke, and the rest of the Iudges in their Conference with the Pre­lates before King Iames, and in their Declaration of the true grounds of their prohibitions to the High-Commissioners, composed, and committed to writing by his Majesties Fathers command, about the ninth yeare of his Raigne, delivered their Iudgements and re­solutions, accordingly in direct termes, that the High-Com­missioners could fine in no case, and imprison onely in case of heresie, and incontinency of Ministers, and that by way of Censure after con­viction, not of proces before it, as the discourse it selfe (which is common) witnesseth at large.

These particulars being thus premised and prooved, it is apparantSee An. Melvini Celsae Com­missions A­nathomia. that the High-Commissioners cannot legally by the Law of the Land, impose any fine at all on any delinquents for any Ecclesiasticall offence whatsoever, because neither the Ca­non, nor any Statute Law whatsoever, now, or then in [Page 183] force, gives them, or any Ecclesiasticall Iudge, power to fine, or amerce any man for any such offence. And that they can imprison in no cases, but onely of incontinency of Ministers, and of heresie, (in which two cases Ecclesiasticall Iudges have power to imprison, by the Statutes of 1. H. 7. c. 8. and 25. H. 8. c. 14.) but in no other, that I can finde in any Statutes, no not in cases of fighting and quarrelling in Churches, or Churchyardes, Adultery, incest, Simony, Blasphemy, Drunckennesse, Vsury, Inconformity, and the like; which they may punish with Ex­communications, or other Ecclesiasticall Censures, and by depriva­tion, perchance in Ministers, but not by fine or imprisonment, (as they now dayly doe) which is cleare by the Statutes of 5. and 6. of E. 6. c. 4. 37. H. 8. c. 17. 1. Eliz. c. 2. 13. Eliz. c. 8. 12. 31. Eliz. c. 6. 23. Eliz. c. 1. 3. Iacobi c. 4. 5. 4. Iac. c. 5. and other forecited Acts, and that this is no private opinion of my owne, but a generally receaved truth, I shall besides the resolution of the Parliament 7. Iacobi, and of many Parliaments both before and since, and of the Iudges forementioned, cite some parti­cular Iudgements in point, Mich. 9. and 10. Eliz. in the C. B. ret. 1556. (which in 10. yeares after the Statutes first made, which erects the High Commission,) one Leigh an atturney of the Common Pleas, was committed by the High-Commissioners to the Fleet, because hee was present at a Masse, and refused to take an Oath to answer to Articles, which they would administer to him; whereupon hee brings a Habeas Corpus in the C. B. and by the re­solution and advise of all the Judges (some of which were pre­sent in Parliament, when this Act was made,) hee was bayled and discharged of his imprisonment; not onely, because hee was a necessary member of the Court, and so his attendance could not be spared, but principally, because the High-Commissioners had no power by vertue of this Act, to imprison any man, either for hearing Masse or refusing an Oath to accuse himselfe. Dier. 175. B. In the first edition. So Mich. 18. and 19. Eliz. One Hinde was committed prisoner, by the High-Com­missioners, for refusing to sweare, to answer Articles, exhibited against him for usury; whereupon hee brought an Habeas Corpus in the [Page 184] Common Pleas, and was discharged by the Iudges; because the High-Commissioners have no power given them by the Statute to im­prison any man, either for refusing to take an Oath, (which the Sta­tute gives them no authority to administer,) nor yet for usery it selfe: both which cases are reported by the Lord Dyer, then cheife Iustice of that Court, and printed in the first edition of his re­ports, though (I know not by whose procurement,) omitted in the last editions of them. Anno 42. Eliz. in Simpsons case fore­cited, it was resolved upon mature deliberation by all the Iudges of England, that the High-Commissioners had no power at all by the Statute of 1. Eliz. c. 1. to arrest any man by Pursevant, or war­rant, or, to attach his bodies appeare and bring it before them, ei­ther by the Sheriffe, Constable or a messenger, nor to imprison any o [...]e for adultery, but that they ought to proceed onely by Ecclesiasticall processe and Censures: notwithstanding their Commission to arrest and imprison men; which being not warranted by the Statute is voyd as to this particular. And hereupon Simpson indicted of w [...]llf [...]ll murther, for pistoling Iohnson, who came in ayd of the Constable of Aldrington to arrest Simpson, by a warrant from the High-Com­missioners, for committing adultery with Fusts wife, was acquitted and found not guilty by Iudges speciall direction to the Iury. Anno 3. Iacobi, one Berry was committed by the High-Commissioners, for irreverend speeches and sawcy carriage to Doctor Newman, whereupon hee brought an Habeas Corpus in the Kings Bench at Westminster, and was discharged by the Court, both for the genera­lity of the returne, and because the Commissioners have no power by the Statute, to commit any man for irreverend speeches or carriage to his Minister, though it be a misdemeanor: And the Court in this case resolved further, that whereas the Commissioners usually tooke bond of those who were cited to appeare before them to answer to such interrogatories, which shall be administred to them, before they have seene their Articles, that all such obligations are voyd in Law: (and all Oathes Ex officio too by the selfe same reason) neither have they power to require or take such bonds (much lesse then such oathes) of any by this Statute. Anno 11. Iacobi, one Brooke an [Page 185] Herauld at Armes, was committed to the Fleet by the High-Com­missioners for refusing to pay such Alemoni to his wife, as they in­joyned him: whereupon hee brought an Habeas Corpus in the Kings bench, and was discharged by the Court, because the Com­missioners have no power by the Statute of 1. Eliz. c. 1. to grant Alemony to discontended wives, and if they had, yet they could not by Law imprison any man, that refused to pay it. An. 6. Jacobi B. Rex, it was resolved in one Master Withers case, that the High-Commissioners could not arrest, or attach men by their Pursevants, but ought to proceed by Citation and Excommunica­tion, onely as other Ecclesiasticall Courts doe. Tr. 7. Jacobi B. Rex, in Warringtons case, it was resolved, that the Commissioners could not imprison any man for refusing to take an Oath to answer to Articles, or for hearing of Masse; and the party so committed, was thereupon bayled. 7. Jacobi. C. B. it was adjudged in one Hawes case, that the High-Commissioners could not imprison a man, for refusing to obey the sentence of his ordinary in case of adul­tery. Pasche 8. Jacobi B. Rex. Meltons case, and 12. Jacobi B. Rex. Bradstones case, it was resolved that the Commissioners could not commit men, for refusing to answer Articles, or to give bond to pay expences, or obey orders in cases of Alemony, betweene man and wife, Hill. 3. Caroli. B. Re­gis. One Lucas was detained close prisoner, in the howse of a Pur­sevant, belonging to the High-Commissioners by their order, untill hee should pay 3. p. 13. s. 4. d. for the Pursevants journey into Norfolke, and 6. s. 8. d. every day, that hee had beene in his Custody, (the usuall fees, they now demaund and take of all men,) whereupon a Habeas Corpus was prayed and granted to the prisoner discharged voluntarily by the Pursevant, and the fees ruled to be excessive, Hill. 3. Caroli B. Rex, Master George Huntly, a Kentish Minister, was committed by the High-Com­missioners,, and fined by sentence of the Court, for giving contemptuous words to the Archdeacon, charging him with injustice, and refu­sing to preach a Visitation Sermon upon his commaund, to whom hee owed Canonicall obedience, and other contempts to the Archbishop [Page 186] of Canterbury himselfe, as was pretended, whereupon hee brought his Habeas Corpus; the Judges upon the Archbishops solicitation would not then bayle him, (though bound by Law and Justice to doe it) unlesse hee would promise to submit to the High-Commissio­ners, which hee refused standing upon the innocency of his cause to doe. After this Hil. 4. Caroli. hee brings there another Habeas Corpus, Serieant Hetley and Master Calthrop his Councell, prayed that hee might be bayled. 1. Because his refusall to preach a Visitation Ser­mon upon the Archdeacons commaund, was no breach of Canonicall obedience, no Law or Canon requiring it. 2. Because the offences pretended, are not within the statute of 1. Eliz. c. 1. and if they were, yet the statute gives them no power at all to sine or imprison, but onely to proceed by Ecclesiasticall Censures; whereupon hee was bayled at the Court. But loe the intollerable insolency of the Prelates, and their most contemptuous execrable affronting of Iustice: (the like whereof was never offered to the King and his Iudges in any age, deserving at the least a Premunire,) no sooner was this poore oppressed Minister bayled & released by the Court, but the Pursevants by a new warrant frō the Commis­sioners, as he was going frō the Barre, within the vew of the Court, apprehended him a fresh, & carried him over to Lambeth; where the Commissioners sitting the same afternoone, deprived him of his living, degraded him from his Ministry, imposed a great fine upon him, and committed him to a loathsome prison, onely because hee sought to five himselfe from their former oppressions, by an Habeas Corpus; a legall course of Justice for all oppressed Subjects. And presently after, one Master Austen, the Archbishops Chaplaine, was presented by him to his living. This poore distressed op­pressed, Minister hereupon indeavours to right himselfe by a course of Law; for which purpose hee brings an Ejectione Firme against Master Austen in the Kings bench, to recover his bene­fice; and an Action of false imprisonment against the High-Com­missioners and their officers (who deserved a more severer pro­ceeding of another nature, or affronting the King and his Iudges in their execution of Iustice, and releife of an over injured Subject.) In which actions the Prelates and Commissioners by [Page 187] their mighty power have these 5. or 6. yeares together delayed him. And I know not upon what quirks and underhand doing got them discontinued by reason of the infinite delayes and ad­journments, and some negligence in the Clerks, in entering the continuances. Since which hee hath brought new actions againe, wherein they tire him out with new delayes; and have so farre prevayled by their power with the Iudges, that they will neither assigne him Councell to argue his cause, neither appoint him any set day for the argument of his action of false imprisonment, (which they now pretend is discontinued;) shifting him of with delayes, contrary to the expresse letter ofChap. 29. Magna Charta, Wee shall sell to no man, wee shall denie or deferre to no man, either justice or right, and to the Judges 18. E. 3. stat. 5. owne Oathes, yee shall sweare that ye shall doe even Law and execution of right to all the Kings Subjects, rich and poore without having regard to any person, and that yee deny to no man common right, by the Kings Letters, nor none other mans, nor for none other cause, and in case any Letters come to you contrary to the Law, (as to many Letters and messages now doe,) that yee doe nothing by such Letters, but certifie the King thereof, and goe forth to doe the Law, notwitstanding the same Let­ters; which now few Iudges doe, or dare to doe; out of a sordid slavish feare of I know not whom or what; I am sure not of God, who requires Iudges,Exod. 18.21. Lev t. 19.15. Deutr. 1.16.17. c. 16.18.19.20. to be men of courage fearing him, that so they may not feare the threats or frownes of men. And by reason the swaying Prelates, and Iudges are so farre engarged against this distressed creature, as to brow-beat all his Councell for his sake, hee is now so destitute of all Councell, t [...]e Iudges re­fusing to assigne him any, that he can procure no man cordially to plead his cause, (a great shame to the honourable profession of the Law) but is inforced to moove the Court himselfe, and to intreate them that he may have liberty to argue his owne cause. All which extreamity this poore afflicted Minister hath under­gone for almost 9. yeares space together, without any respira­tion, to the utter ruine of his estate, the enfeebling of his person, through penury and long imprisonment, onely for re­fusing [Page 188] to preach a visitation Sermon upon the Archdeacons com­maund, (who byLindewood Constit. l. 1. Tit. De of­ficio Arch­deaconi. the Canons and Custome of the Church is bound to preach himselfe,) because of a present sicknes, then upon him, and the shortnes of the warning, in regard of both, which hee desired to be excused, Proctors to the Archdeacon, to procure an­other, to supply his place, who would not accept of his money, or just excuses, but injoyned him to preach in person; which hee not doing for the forementioned reasons, was convented before the High-Commissioners, and for this cause alone, and no other thus handled, as I have truly and impartially related. And are these procee­dings censures thinke you (which every just and upright man must needs tremble and stand amazed at, and I trust his Majesty out of his most gracious Royall Iustice will now lay to hart) agreeable to the forecited statutes, the Law of the Land, or tollerable among Christians? God forbid, that any Christian or morall heathen man should deeme them so. To conclude this point: The Iudges of the C. B. 4 Caroli, in case of a Baliefe prosecuted in the High-Commission, for disturbing and arresting of a Minister in the Church, in the time of Divine Service, con­trary to the statutes, of 5. & 6. Ed. 6. c. 4. resolved, Una voce, that the High-Commissioners could neither fine, nor imprison the party, for this misdemeanour, but onely excommunicate and injoyne him Ecclesiasticall Penance. And Judge Hutton and Yelverton at that time, in my owne hearing, gave order to the parties Councell to insert this clause into his prohibition to the Commissioners, that they should not proceed to fine or imprison him; and if they did, the whole Court protested it was against the Law; and that upon a mo­tion of his Councell, they would free him. By all which Rea­sons, Statutes, Resolutions, and Authorities, both of the Com­mons-Howse of Parliament, the Iudges of the Kings Bench, and Common-pleas, in Queene Elizabeths, King Iames, and King Charles severall raignes, (till the domineering humour of our present great swaying Prelates, I know not by what Law, or Iustice, stopped the currant both of Prohibitions, and Habeas Corpus, to releife the Subjects, against their unjust vexations [Page 189] fines, imprisonments,) it is apparant, that the High-Com­missioners can fine in no case, and imprison onely in two cases, and so all their fines, most of their imprisonments, are meere oppressions of the Subjects, encroachments on their Liberties, therefore voyd in Law: In so much, that an Action of false im­prisonment, and of the Case too, grounded upon the former sta­tutes, will lye against them for it, at the Common Law, if not a Premunire. But admit, they had power to impose fines, for Ecclesiasticall offences, which I absolutely deny: yet then they ought to fine men, notSo much was Sir Giles Allington fined. ten thousands, thousands or hundreds, as now they doe, for meere toyes and triffles, yea for small or no offences, to the utter ruine of their estates, losse of their free­holds, and ruine of themselves, and their families; but according to the quantity onely of their offences, if they be small, and for a great fault, after the maner thereof; saving still to the parties, their con­tentment, or freehold, to villanies their waynage, and to Marchants their Marchandise; neither ought any man of the Church to be fined, after the rate of his spirituall benefice, but after his lay tene­ment, and the quantity of his trespasse, by the expresse statutes of Magna Charta c. 14. and 3. Edw. 1. c. 6. And if they excessively fine, or amerce any, contrary to those Lawes, Fitz. Nat. Bre. fol. 75. 76. 10. E. 2 Action sur stat 34. 17. E. 2. Process. & 204. 10. E. 3. 14. H. 4. Ammowry 60. 155. a writ of moderata misericordia, or Action of the Case upon those statutes, lies for their releife; the Law having this just and favourable respect to all men, that in all offences, not capitall, for which the life and by con­sequence the estate to support it, are both forefaited on the at­tainder; (the delinquents in such cases, needing no livelyhood, to sustaine them, their lives being presently to be lost in Iudge­ment of Law,) it ever allowes men, both the use of their callings, with asufficient stocke to follow them, both for their present maintenance, preservation, and the publike good; which our Prelates disrespecting, fine men beyond all bounds and mo­deration in all Courts of Iustice where they come, without any pitty, mercy or respect to mens necessities, freeholds, and the publike good; puutting many men, (especially Ministers, of their owne coate who are most conscionable and painefull,) both [Page 190] from their callings, meanes, freeholds, to their destruction, which I am certaine by Law they cannot doe?

An answer to the Bps & High-Commossio­ners obje­ctions in de­fen e of their fining, imprisoning, and Ex of­ficio procee­dings.All that our Prelates can now alleadge for excuse of these their illegall exorbitant proceedings, not sufferable among Christians, is but this;

1. First, That they have a commission from his Majesty, authorizing these their proceedings and censures.

2. Secondly, That their Predecessors usually proceeded, fined, imprisoned thus before themselves, and they doe but tread in their footsteps.

3. Thirdly, That the Starchamber examines men in cri­minall causes upon oath, and fines, and imprisons men to; Ergo they may doe it.

Answ 1. To the first of these, I answer; First, that their Commission it selfe warrants not sundry of their extravagant arbitrary censures and proceedings, though it be very large.

2. Secondly, That the largenes of their Commission, is not by any direction from his Majesty, or his Councell, but by their owne solicitation, fraud and procurement, many passages and clauses being inserted into the two last Commissions, which were not in the former; and some of them so unlimited and il­legall, that Master Noy, the late Kings Atturney, made a que [...]e in the margent of his Doclet, for the last Commission, whether some of them were not to large and unfit to passe the Seale.

3. Thirdly, This Commission thus procured either frau­dently, or with strange hande by themselves, is directly against the Lawes and statutes of the Realme, not warranted by 1. E­liz. c. 1. therefore voyd in law, and these their proceedings, [Page 191] illegall, unjust, oppressive, notwithstanding the Commission; wee read of Saul, Acts 9.1.2. that hee breathning out threatenings, and [...]laughter against the Disciples of the Lord, went to the High-Priest, and desired of him Letters, (or a Commission,) to Da­mascus, that if hee found any of this way, whether they were men or women, hee might bring them bound into Hierusalem; (as our High-Commission Puisevants serve Gods people now,) which Commission hee obtained. But yet this was no 1. Tim. 1.13.15 Gal. 1.13. Acts. 22.4. c. 9.4.5. Phil. 3.6. excuse or Justi­fication of his persecution of Gods Saints; No more are your Commissions sued for by your selves, any plea to extenuate or defend your persecutions, oppressions, and exorbitances. The Iewes cryed out against our Saviour,Iohn. 19.7 that they had a Law, and by that Law hee ought to dye; was Pilates condemnation, and their execution of him therefore lawfull?Ps. 64.20. David informes us of a throne of iniquity, that hath no fellowship with God, which fra­meth mischeife by a Law or Commission. By vertue of which they gathered themselves together against the righteouse, and condem­ned the innocent bloud. But will this Commission justify their sinne?1. Kings. 21.8.9 10 The Elders of the Citty, who most unjustly condemned Naboth, had a Commission under Ahabs great Seale for their warrant, but yet this was no extenuation, but a more greivous aggravation of their injustice and murther.See Socrat. Scholast. Eccles. Hist. l. 2. c. 27. 28. 29. 30. George the Arrian Bishop, and Ma­cedonius his confederate, had a Commission and the Emperors Edict to warrant their barbarous tyranny and proceedings, against the or­thodox Bishops and Christians, whom they imprisoned, fined, and butchered, yet this would not excuse their persecutions. Fox Acts & Mon. passim. See 25. H. 8. c. 14. The like Commissions had Boner, and other our owne persecuting Prelates, in Henry the 8. and Queene Maries dayes; yet this would neither justify nor extenuate; but aggravate their sinfulnes, and illegality, of their bloody proceedings: But to come nearer home, 24. E. 3. 42. Ass. 5. & 12. Brooke Commissions, 3. 15. 16. it is resolved, that if the King grant a Commission to any man to imprison, or seise an­other mans person, or goods, before or without indictement, suite of some party, or other due processe of Law, and thereupon the Commis­sioners accordingly arrest him or seise his goods; that this Com­mission [Page 192] being voyd, and against the Law, can no wayes justifie, nor excuse the Commissioners; in the 1. and 2. yeare of our present So­veraigne King Charles, there were divers Commissions granted out for the executing of Martiall Law, upon billited Souldiers and Marriners, in times of peace, whiles the Kings Courts of justice were open; and likewise to convent men, concerning the Loane, and to administer an Oath, to such as refused to lend money; together with a Commission, for an excise upon divers Commodities; yet all the Commissions by the Petition of Right, and the whole Parliament, 3. Caroli, were adjudged to be against the Law of the Land, and Liberties of the Subjects, and so unsufficient to justifie the procee­dings, oathes, imprisonments, executions, grounded on them, or to excuse the parties, that executed them. Halls Chro. An. 1. 2. H. 8. f. 1. to 9. Speeds Hist l. 9. c. 21. p. 999. Empson and Dudly h [...]d a Commission from King Henry the seaventh, for what they did, yet they were attaincted in Parliament, and executed as Traitors by King Henry the eight, notwithstanding their Commission; how many Monopolists, (as Sir Giles Mompersons and others,) have beene severely punished in Parliaments, notwithstanding their Patents and Commissions? why then our High-Commissio­ners may not be lawfully, and justly fined, imprisoned, suspen­ded in the Kings Bench, or Starchamber, for fining, imprison­ing, oppressing his Majesties Subjects, against all Law and Iustice, notwithstanding their Commission, which will neither excuse, nor patronize their proceedings, either before God, or men, I cannot yet conjecture; and why an Action of the case, of false imprisonment, and a Premunire too, should not lye against them for the present, by the parties greived, I see little case to question? Wee know that many Patents and Commissions, under the great Seale forCookes Reports. l. 8. f. 125. to 130 l. 10. f. 113. l. 11 f. 53. 84. to 89. monopolyes, are and have beene con­demned, and adjudged, voyd, and suppressed, as great greivances and oppressions to the Subject, and contrary to the Lawes of the Realme, yea the Statute of 21. Jacobi c. 3. against Monopolies, declares, that all Commissions, Grants, Licenses, Charters, Letters Patents, Proclamations, Inhibitions, Restraints, Warrants of as­sistance, erecting, or tending toward the erection of any monopolies, [Page 193] are contrary to Law, and shall be utterly voyd, and of no effect, and in no wise to be put in ure or execution; and if any presume to execute the same, that an Action upon the statute shall be against him, where­in hee shall render treble Dammages to the parties greived, not­withstanding his Letters Patents, or Commission, which will not ex­cuse his fault: Therefore our High-Commissioners, may by the same reason be questioned and punished for their illegall imprisonments, fines and proceedings, notwithstanding their Commission.

Finally, It is a rule in Law,Littleton Sect 395. Cookes in­stitutes, ibid. & Sect. 200 410. that no man shall take ad­vantage of his owne colusion, fraud, hurt, or wronge; 5. E. 3. 8. 8. E. 3. 70. 18. E 3. 58 9. H. 7. 21. Fitz. Ex­com 5. 9. Cookes In­stit. 201. If a Bishop excommunicate another man, who brings an Action against him at the Common Law, the Bishop cannot plead his excommunication in Barre of his Action, because pronounced by himselfe: The same Law holds in case of Littl [...]ton. Sect. 678. 679. 688. 689. 690. 200. 395. 410. 203. and Cooke Ibid remitters, discents, disseisins, and the like by collation or wrong, hee that is party or consenting to them, shall have no advantage by them. Our Prelates are all parties and privies in procuring this torcious illegall Commission, therefore they shall take no advantage by it, from it, to extenuate or justifie their illegall proceedings, censures, oppressions, by couler of them; the rather, because, both the Parliament and Iudges have oft adjudged these their Commissions voyd in Law, and their proceedings on them, great greivances, pressures, and injustice, the statute of 2. H. 4. c. 15.Fox Acts & Mon. p. 539 549. 481. 482. (made by the Pre­lates themselves, without the Commons assent, which they foisted into it,) resolves, that ordinaries and Ecclesiasticall Judges, cannot by their Jurisdiction, spirituall imprison, which the statutes of 5 R. 2. c. 5. 2. H. 5. c. 7. & 1. H. 7. c. 4. further manifest; yeaSee Linde­wood l. 5. De Poenis, f. 232. a. Lindewood himselfe determines, that a Layman cannot be impri­soned by an Ecclesi [...]sticall Judge, for any Ecclesiasticall crime what­soever. Therefore no Commission can authorize them to doe it.

Answ. 2. To the second excuse, I answer, that by the like [Page 194] prerext, the Prelates may excuse allmost any sin. Their Pre­decessors haveTyndals dayly practise of Popish Pre­lates, Henry Stalbridge his exhorta­tory Epistle. Fox Acts & Monuments p. 168. 169 174. 175. to 250. 303 320. 321. 350. 409. 410. 368. to 425. 431 435. 436. 451 to 474 495. to 546 581. to 788 and else­where. oft times beene Traytors, Rebells, Oppressors, Murtherers, Persecutors, ambitious, covetous, proud, merciles, luxurious, lecherous, idle, Simmonaicall, Wolves, False-teachers, Non-residents, Pluralists, malicious, envious, revengfull, yea Pilates, Imposters, Devils incarnate, asAd Pasto­res & ad Clerum Sermo. Sant Bernhard, and others stile them. Ergo, they may now be such by authority without offence; because they walke in their Predecessors steps, as to many of them truly doe. If this be no good conse­quent, then not the other.

Secondly, I answer, That these proceedings, and censures, of their Predecessors, have beene condemned, declaimed a­gainst as Antichristian, tyrannicall, illegall, barbarous, and in­humane by our Parliaments, our Iudges, ourFox Tyn­dall, Rhodo­ricke, Mors, Henry Stal­bridge, the petitioner to Queene E­liz. and sun­dry others, forequoted, Dr. Rames his Supplic. to King Henry the 8. 25. H. 8. c. 14. writers, yea by Fathers, and others witnes, Origen in Epist. ad Romanos. l. 9. c. 13. tom. 3. fol. 212. who from these words, wilt thou not be afraid of the power, &c. makes this inference, From hence it ap­peares; that the secular Iudges of the world, doe fulfill the greatest part of the Law of God; For all crimes which God w [...]ll have to be avenged, hee will have to be avenged, NON PER ANTISTITES ET ECCLESIARƲM PRINCIPES, not by Bishops, and Governours of Churches, but by secular Judges. And Paul knowing this, doth rightly name him the Minister of God. Sant Hilary, on the second Psalme p. 199. [...] demandes this question, What, had Paul any Civill power or magistracy, that hee should threaten a rod to the Corinthians, and that hee would come to the Church of Christ with the office of a Serieant, or Pursevant? Verily, wee are not thus to imagine, yet our Lordly Prelates must have their Pur­sevants and gailers attending them and theirLindewood l. 5. De Poeni [...] f. 232 a. prisons too. [Page 195] The same Father in his Epistle to Auxentius proceeds thus: Have the Apostles assumed to themselves any dignity, or civill power from the Princes pallace? yet now the Church affrights men with banishments and imprisonments, and compels men to be com­mitted to herselfe, who was formerly committed to banishments and prisons. Eccl. Hist. l. 7. c. 7. 11. 13. Socrates Scholasticus, observes, that Cyrillus Bishop of Alexandria, and Boniface Bishop of Rome, PAS­SING THE BOƲNDS OF THEIR PREISTLY ORDER, presumed to challenge them­selves secular power and authority, which none of their Predecessors, or any other Bishops did before them; taking upon them besides the oversight and Jurisdiction of the Clergy and Ecclesiasticall matters, the governement also of temporall affaires, and secular Jurisdiction: in so much, that they shut up the Churches of the Novatians, spoyled them of their goods, and committed them to wars; yea Cy­rilius executed some of the Jewes in Alexandria, and banished the re­sidue of them for a murther, committed upon the Christians. All which this Historian taxeth in them, as a meere presumption, ex­ceeding the bounds of their preistly function, and a thing not formerly practised by any orthodox Bishops. Rupertus the Abbot, on Matth. l. 8. saith thus: The Rod of the Disciples of Christ is a rod of love: but the rod of domination or temporall rule, is not granted to the Mi­nisters of the Gospell of peace. De Instit. Episc. Tract. Petrus Blesensis, Archdeacon of Bath, writes thus to John Bishop of Worcester: Thou art set ever mens soules, not their bodies: Nihil Prelato commu­ne est cum Pilato: A Prelate hath nothing common with Pilate: and thence hee inferres, that they ought not to inter­meddle with any temporall affaires, or causes of blood, imprison­ments, demembrations, and the like. Anselme, Archbishop of Canterbury, determines thus:In Matth. 26. As that, which belongs to the Ministeriall function, appertaines not to Kings: So neither ought a Bishop to exercise those things, which belong to the Kings, as the power of fining and imprisonment doth. Our famous great Schoole­manDe Potesta. Pont. qu. 1. c. 4. 7. William Occam resolves thus: Christ hath interdicted his Apostles that domineering maner of governing, observed of the [Page 196] Potentates of the world. And these two distinct powers, temporall and Ecclesiasticall, which God would have to belong to different persons, ought not to fall together unto one person: Whence hee re­solves, that neither the Pope, nor any other Prelate, ought to exer­cise any temporall Jurisdiction over the bodies of men. Defensoris Pacis, pars 2 c. 15. 16. 17. &c. Mar­silius Patavinus, prooves at large, that neither the Pope himselfe, nor any Bishop or Clergyman, hath, nor ought to have any coërcive power at all over mens bodies, to fine or imprison them; it being di­rectly prohibited by the Scripture in sundry places, and in Matth. 20.25.26. Our famous English ApostleSee Fox Acts and Mon. p. 399 412. Thomas Walsingham Hist Angl. p. 205 302 to 307. John Wickliffe, Dialogorum, l. 4. c. 15. 16. 17. 18. 26. 27. maintaines the selfesame Position, and prooves at large, that Bishops ought not to have any prisons, or to imprison any man, for any cause, nor yet to exercise any temporall power or Jurisdiction; and that it is a mortall sinne for them, to use any civill dominion, or for Princes, to give them such authority, contrary to our Saviours expresse in­h [...]bition. Our famous MartyrPractise of Popish Pre­lates, p. 342 343. Master Will [...]am Tyndal [...] writes thus: That since Christs Kingdome is not of this world, or any of his Disciples may be other wise then hee was, therefore Christs Vicars, which minister his Kingdome here in his bodily absence, and have the eversight of his flocke, may be no Emperors, Kings, Dukes, Lords, Knights, temporall Judges, or any temporall Officer, or under false names have any such dominion, or minister any such office as requireth violence. The Officers in Christs Kingdome may have no temporall Dominion or Jurisdiction, nor execute any temporall authority or Law of violence, nor may have any like maner among them: Christs Kingdome is altogether spirituall, and the bearing of rule in it, is cleane contrary to the bearing of rule tem­porally. And therefore the And by the same reason, our Prelates be derived from it, and tending to support it. Popes Kingdome is of the world; For there every man raigneth over another with might, & have every ruler his prison, his jaylor, his chaines, his torments, even so much as the Friers observants observe that rule, and compell every man, other with violence, about the cruelnes of the heathen tyrants. Our famous Martyr John Frith, in his answer to the Bishop of Rochester p. 57. concludes thus: To say that Christ would have his Dis­ciples [Page 197] to compell men with imprisonment, with fitters, scourging, sword and fire (the learned Prelates best and canonists argu­ments to convince men,) is VERY FALSE, and farre from the mildnes of a Christian spirit, although my Lord approove it never so much. For Christ did forbid his Disciples such Tyran­ny, yea and rebuked them, because they would have desired, that fire should descend from heaven, to consume the Samaritanes, which would not receive Christ, Lu. 9. But hee commaunded them, that if men would not receive their Doctrine, they should depart from thence, and sprinkle off the dust of their feete, to be a testimony against the unfaithfull, that they had beene there, and preached unto them the word of life. But with violence will God have no men cōpelled unto his Law. Finally, what doth they compulsion & violence, verily nothing, but make a starke Hypocrite, for no man can compell the heart to beleive a thing, except it see evidence and sufficient proofe. So Doctor Andrew Willet in his Synopsis Papismi, the 7. generall Controversie, Quest. 2. Sect. 3. p. 399. condemnes the Violence used by the popish Prelates, in imprisoning, torturing, and racking men to accuse themselves, or others, or confesse the truth: Which though in some dangerous cases, as of High-Treason and such like, where there is great perill of concealing the truth, and no other way to sift it out, it may be admitted; Yet to use it in an ordinary cause as the Papists did, and in causes of Religion, it is to shamefull, and OF ALL CHRISTIANS TO BE AB­HORRED. Master Andrew Melvin, in his excellent Anatomie of the High-Commission, printed 1620. prooves at large: That Bishops and Clergymen, neither as they are such, nor yet as High-Commissioners, or temporall Officers, can or ought to commit or imprison any man, because these being branches, onely of temporall Magistrates Jurisdiction, are expresly prohibited all Bishops and Ministers by our Saviours, Vos autem non sic: Matth. 20.25.26. both directly and indirectly, the inhibition being a universall negative, reaching to the persons as well as to the functions of Ministers and Prelates, whom Christ would not have [Page 198] to intermeddle with any temporall office, or Jurisdiction, belonging to the temporall Magistrate, no more then hee would have tem­porall Magistrates to administer the Apostles, or Ministers office. And it will be a poore plea for Bishops, and other Clergymen at last, when Christ shall arraigne them, for breach of this oft reiterated commaund, to reply; that they im­prisoned, fined, and pursevanted his servants, and their fellow-Ministers, as they were High-Commissioners, Lords of the Councell, or Iustices of peace, (neither of which Christ ever made or allowed them to be,) not as they were Bishops, or Ministers: and if Christ condemne them for it, as such; I am afraid, they will hardly be saved, as they are Bishops or Mi­nisters. Since therefore all these Fathers and writers, with in­finite others, condemne your fining, and imprisoning of men, as directly contrary to Gods word, and Christs owne inhibition: your walking in your Predecessors unlawfull ever condemned footsteps, is but aPs. 68.21. going on still in wickednes, oppression, in­justice, with an high hand against the Lawes of God, and the Realme; therefore an aggravation, not an extenuation of your offence, your sinne and desperate wickednes.

3. Thirdly, Your Ancestors fining, imprisonment, admi­nistering Oathes before sight of Articles, for men to accuse themselves,, arresting men, breaking up their howses by Pur­sevants, &c. being against Magna Charta and the precedent sta­tutes, can make no good prescription; since no person38. Ass. 32 42. Ass. 5. 12. Cooke 5. Report. f. 81 and 7. Re­port. f. 20. 1. H. 7. 4. 6. E. 4. 9. 8. E. 4. 14. 39. E. 3. 7. Regist. 273 Monstrans De Faits 182 Brooke Imprisonm. 100. and Commissions 3 15. 16. or Corporation can prescribe to imprison, or make by-lawes to imprison others, (no not the City of London it selfe,) because it is contrary to Magna Charta, as was adjudged in the case of Boston, upon a quo warranto, Tr. 3. Caroli. B. Rex and oft times resolved before that case, in printed Law bookes. The Law therefore not allow­ing you doe any of these, you cannot plead prescription in them as a good title or Iustification; the rather, because the Eccle­siasticall Commission it selfe was erected1 Eli. c. 1. within time of Me­mory, and the present commission is yet scarse 4. yeares old, [Page 199] and the High-Commissioners fining and imprisoning, hath yet ever since it hath beene used with one consent, beene declai­med against as illegall, and so oft adjudged.

4. Finally, The Commissioners and Prelates now exceed their Predecessors in all the forementioned extravagancies, growing every day more violent, exorbitant, and oppressive; therefore this fond excuse, will no wayes palliate or extenuate their illegall Actions, Censures, proceedings, which are exe­crable, abominable, both to God or man, diametrally oppo­site to all these wholesome statutes, intollerable oppressions, and greivances to his Majesties loyall Subjects, and so meerely erronious and voyd in Law, by these forecited statutes reso­lution?

3. To the Third, That the Starchamber examines men upon Oath against themselves, and fines, and imprisons men: Ergo, the High-Commissioners may doe it.

Answ. 1. I answer, First, That the Argument is a meere Non sequitur: the one Court being Civill, the other Eccle­siasticall, both in respect of causes and proceedings, the one kept onely by an arbitrary Commission; the other absolute by Act 3. H. 7. c. 1 See Cromp­tons Iurisd. of Courts, f 29. to 42. of Parliament. And if this be a good argument, I know no reason, but every Bishop may inferre as well: The Star­chamber can fine, imprison, examine men upon Oath, in cri­minall causes: Therefore wee may doe it in our Consistories and Visitations, which Conclusion is both false and absurd. And the High-Commissioners may as well argue, that the Star­chamber adjudgeth men toSee Cromp­ton Ibidem. the Pillary, to loose their eares, and the like; and may pun [...]sh all forjuries, perjuries, routs, riots, conspiracies, trespasses in parkes, subornation of perjury, and the like: Therefore the High-Commissioners may doe it. I am sure, they dare not argue thus; The Kings Bench can hold plea of Trespasse, Debt, Felonies, Murthers, Treasons, and ad­judge men to death for the same; Ergo, the Ecclesiasticall Com­missioners [Page 200] may doe it: This were but a frenticke consequent: Why not then the other? Shall the Lords of the Starchamber argue thus? The High-Commissioners may hold plea of all Ecclesiasticall offences, and punish men by excommunication, degradation, sequestration, and other Ecclesiasticall Censures; Ergo, we may much more doe it? If the Prelates will not grant this consequence, as I presume they dare not: I must by the same, or farre better reason deny to grant the other.

But to give a more punctuall answer. The statutes of 37. E. 3. c. 18. 38. E. 3. c. 9. 16. R. 2. c. 2. 3. H. 7. c. 1. 5. Eliz. c. 9. 14. if not the Common Law it selfe authorize the Star­chamber to fine, imprison, and inflict other corporall punishments, in such cases, as are expressed in these Acts; as Master Cromp­ton in his Jurisdiction of Courts, Tit. Court De Starchamber, f. 29. to 42. at large demonstrates. But no statute, much lesse the Common Law, gives the High-Commissioners any such power.

2. Secondly, The Starchamber being a temporall Court, for the punishment of the highest temporall offences, which are not capitall, may inflict temporall censures and punishments, (as fines and imprisonment) on delinquents, yet they cannot impose Ecclesiasticall. But the Commissioners (being1. Eliz. c. 1 8. Eliz. c. 1. 13 Eli. c. 12 3. Iac. c. 4. 5 26. H. 8. c. 1. 37. H. 8. c. 17. and other forecited sta­tutes. The diffe­rence betweene the Starchamber and High-Com. oathes proceedings. onely Ecclesiasticall Judges, in Ecclesiasticall causes, punishable by no Common or statute Law, but by Ecclesiasticall Censures onely,) can­not inflict temporall punishments, as fines and imprisonment, no more then the Starchamber can Ecclesiasticall Censures, for temporall offences; much lesse then, both temporall and Eccle­siasticall punishment for one and the selfe same offence, which no Court of Iustice else can doe.

3. Thirdly, It is true, that the Starchamber useth to exa­mine men in criminall causes upon Oath, and men are there bound, to put in their answers upon Oath, to the informations, and bills, exhibited against them; but then wee must consider,

[Page 201]1. First, That no other Court of Iustice else can or doth use it, but the Starchamber onely; The Kings bench cannot examine felons, traytors, trespassers, or any persons indited, or informed against before them, nor yet compell them to answer upon Oath. The Chauncery, Exchequer-Chamber, Court of Wards, and Court of requests, though they injoine men in Civill causes onely, concerning the rights and properties of goods, and such like, to answer to English Bills upon Oath; yet they cannot doe it against; as hath Dyer. 288. beene adjudged: and though they use sometimes in cases of Contempts, and of them alone, to examine men upon Oath to Articles criminally objected a­gainst them, yet this is extrajudiciall, not warranted by Law; and the parties examined may lawfully refuse such Oath, and put the Court or party, whom it concernes, to proove the con­tempt by witnesses. If then neither, the Kings bench, Chauncery, or any other Court of Iustice, but the Starchamber onely, can examine men criminally upon Oath; I may better conclude, that the High-Commissioners cannot doe it, because no other Courts else, but the Starchamber can or doe ordinari­ly use it; Then our Prelates inferre, that they in the High-Commission may doe it, because the Starchamber ordinarily doth it, but no Courts besides.

2. Secondly, The Starchamber Iudges have authority (at leastwise some good couler of authority, thus to proceed, by the statutes of 3. H. 7. c. 1. and 21. H. 8. c. 20. which give them expresse power, to call delinquents before them by writ, or privy Seale, and them and other by their discretion, by whom the truth may be knowne; to examine, (to wit, upon Oath as common practise hath interpreted it, though it be not expressed) where the Judges in their discretions shall thinke meet: notwithstanding some learned Iudicious men have conceaved, that this clause authorizeth not the Starchamber to examine delinquents cri­minally upon Oath, to accuse themselves, it being contrary to the Common statute, Canon Law, Scripture, and the proceedings, [Page 202] both of the Jewes and Romans, as the Premises evidence, but onely without Oath, and none but witnesses, onely upon Oath. But let this be interpreted as it may be, yet the Statute of 1, Eliz. c. 1. gives the High-Commissioners no power at all, to administer any Oath, no not of Supremacy prescribed by it, much lesse to examine any man at their discretions upon Oath, for any Ecclesiasticall offence, there being no such clause, as this in that Act; And by the Common and statute Law Matthew Paris Hist. Major. p. 693. 694. 705. Regist. pars. 2 f. 36. b. 43. a. 50. a. 95 b. 99. a. Rastall Prohibition. 5 Fitz. nat. Brev 41. A 2. H. 5 c 3. 2. E. 6. c. 13 Fullers Ar­gument. The Petition to Queen Eliz. Master Morrice his Treatise of Oathes. Ecclesiasticall Judges can administer an Oath to none in any criminall, or civill matters, but onely in cases of Matrimony and Testament: There­fore the High-Commissioners have no Law, nor couler of Law to administer Oathes to men, to answer criminall Articles to ac­cuse themselves, though the Starchamber hath.

3. Thirdly, In the Starchamber, no man is forced to take an Oath, as soone as hee appeares to answer to the Bill, or In­formation exhibited against him, or to Articles framed on them, before hee seeth the Bill, or the charges therein comprized; nei­ther is hee denied a Coppy of them, by which to frame his an­swer, nor proceeded against, without any Prosecutor assigned; neither is hee forced to answer, what hee thinkes or beleives, or how hee likes or dislikes things in his Iudgement; or toFox Acts & Monum. p. 539. 750 751. 753. 754 to 764 951. 956. 957. 960. 1224. 1225. de­tect and accuse others, (as all, or many are in the High-Commission;) But upon his apparance, hee hath liberty to take out a Coppy of the bill and complaints against him, to carry, to his Counsell, to demurre in Law thereto without Oath, if there be cause; or otherwise to plead a generall not-guilty, and so put the prosecu­tors to their proofes by witnesses, without any selfe exami­nation upon Articles; or else to put in such a particular answer as his Counsell shall advise and direct; upon the putting in where­of, hee onely takes an Oath, that it is a true answer; and to give a true answer to such Articles as hee shall be examined upon concer­ning the chargs in the Bill, (being alwayes matters of fact, not thoughts) which hee knowes and adviseth upon before hand, with his counsell. Which Articles, comprising nothing, but [Page 203] what is contained in the Bill, (See the Treatise of the Star­chamber, & ordinay experience which prooves. this true. else the party may demurre and refuse to answer them,) hee needs give no other answer to them, what hee hath given before to the Bill by advise.

The Oathes and proceedings therefore of the Starcham­ber, being so farre different from those of the High-Com­missioners, and farre more just and legall, then theirSee And. Melvini Celsae-Com­missions A­natomia. strange exorbitances, can be no justification of their legality, but a di­rect condemnation of them as altogether extravagant, unjust and illegall, as our Parliaments and Iudges have ever reputed them, and all other men of common reason or honesty to, ex­cept themselves. To conclude this point of the High-Com­missioners, and Bishops strange oppressions and proceedings, contrary to the fore-named statutes in all the recited particulars; I finde a notable President of a Commissioner of Oyer and Ter­miner, in theRegister pars 2. f. 125. &c. Register, to inquire of the oppressions, cruelties, exactions, and exorbitances of the Bishop of Win­chester and his Officers, exactly parralell with these of the High-Commissioners and our Prelates now, which will notably de­cipher them in their true coulers, and shew, how dishonourable, how contemptuous they are to the King himselfe, how perni­cious to his Subjects: Rex Vicecomiti salutem, Ex­clamosis quaerimoniis diversorum hominum de co­mitatu tuo ad nostram saepius pervenit auditum, quod A. Episcopus Win. nec non bellivi constabu­larij, & alij Ministri & servientes ipsius Episcopi, plurimas & diversas oppressiones, extortiones du­ritias, damna, excessus & gravamina, intollerabilia dictis hominibus, in diversis partibus comitatus prae­dicti, tam infra libertates quam extra multipliciter & diversimodè intulerunt, & de die in diem inferre non desistunt, plures de dictis hominibus vi & armis multotiens verberando, eosque capiendo, impriso­nando, & in prisona forti & dura So the High-Com­mission ser­ved many, especially Mr Haydon, Mr Brewer and some Se­peratists of late, who re­fused the Oath Ex of­ficio, whom they would not suffer to have any beds, fire, or other neces­saries. super terram [Page 204] nudam & absque alimento, fame, frigore, & nudi­tate ferè ad mortem cruciando, & eos in prisona hujusmodi, donec fines & redemptiones ad volunta­tem suam fecerint, nullo modò deliberari permitten­di; nec non Thus doe the Bishops and Com­missioners Pursevants, breake open, and ransacke mens howses, studies, Clo­sets, Chests; tak [...] away their Bookes, writings, Papers, and if any sue them for it, they are clapt up in prison, and enforced to give over their actions. domos quorundam hominum hujus­modi vi armata fraudendo, & bona & catella sua ca­pienda, & asportando, eosdemque uxores & ser­vientes suos verberando, vulnerando & male tractan­do, & hominibus super hujusmodi duritiis conquaeri volentibus in tantùm commando, quòd iidem homi­nes in hundredis & aliis curiis dicti Episcopi, vel alibi negocia sua indè prosequi metu mortis non sunt ausi; & alia hujusmodi, mala damna, & excessus inhuma­niter in dies perpetrando, Note that these procee­dings are dishonor & contempt to the King, the fountaine of Iustice. in nostri dedecus & con­temptum, & populi nostri partium praedictarum de­structionem & depressionem manifestas undè plurimùm conturbamur, nos oppressiones duritias damna & ex­cessus, ac gravamina praedicta si perpetrata fuerint nolentes relinquere impunita, volentesque salvatio­ni & quieti dicti populi nostri in hac parte prospice­re, ut tenemur; assignavimus dilectis & fidelibus nostris &c. sciri poterit, de oppressionibus, extor­tionibus, duritiis, damnis, gravaminibus, praedictis, per dicti Episcop [...] ballivos, constabularios mini­stros & servientes suos & alios quoscunque de con­federatione sua in hac parte existentes qualitercun­que perpetratis; & de praemissis omnibus & singulis plenis veritatem, & ad quaerelas omnium & singulo­rum pro nobis vel pro se ipsis indè conquaeri & prose­qui volentium, nec non ad praemissa omnia & singu­la tam ad sectam nostram quàm aliorum, quorum­cunque [Page 205] audienda & terminanda, secundum legem & consuetudinē regni nostri Angliae. Et ideò tibi prae­cipimus, quòd ad certos, &c. tibi scire fac venire fac coram, &c. quos &c. tot & tales probos, & legales homines de balliva tua tam infra libertates quàm ex­tra, per quos rei veritas, in premissis meliùs sciri poterit & inquiri. Et habeas &c. Whether the like Commission be not meet to be now granted out, to inquire of our Prelates and Ecclesiasticall Commissioners, barbarous in­humane oppressions, cruelties and proceedings of this nature, and severely to punish the same, I humbly submit to his Ma­jesties and his Counsels grave considerations.

2. The Statutes of 25. H. 8. c. 14. 19. 21. 27. H. 8. c. 15.Against Bps Visitation Articles, Orders, Ce­remonies, Innovations. 1. Eliz. c. 1. 2. 13. Eliz. c. 12. utterly disable the whole Clergy in their Convocations and Synodes, and every Prelate in his Visita­tion Consistory or Diocesse, so much as to presume, to attempt, alleadge, claime, put in Ʋre, enact, promulge, or execute any Canons, Con­stitutions, ordinances, provinciall or Synodall, Rites, or Cere­monies whatsoever, unlesse they may have the Kings most Royall essent and licenses, under his great Seale, both to make and likewise to confirme, promulge and execute the same. And they further de­clare, that all Canons, Constitutions, Ceremonies, Rites, Orders, Articles, made by the whole Clergy or any of them, without the Kings speciall license, and confirmation under his great Seale, and the Parliaments approbation too, are meerely voyd, no wayes obliga­to [...]y, and not be commonly accepted, receaved, or obeyed, as any Law of God or man within the Realme: which likewise ap­peares by the severall statutes of 4. E. 1. c. 5. 20. H. 3. c. 9. 36. E. 3. c. 8. 31. H. 8. c. 8. 14. 32. H. 8. c. 15. 26. 38. 34. H. 8. c. 1. 37. H. 8. c. 17. 1. E. 6. c. 1. 2. 9. 2. and 3. E. 6. c. 1. 13. 19. 21. 23. 3. and 4. E. 6. c. 10. 11. 12. 5. and 6. E. 6. c. 3. 4. 5. Eliz. c. 1. 8. Eliz. c. 1. 23. Eliz. c. 1. and 35. Eliz. c. 1. Hence was it, Fox Acts and Mon. p. 56. Bishop Iewels Reply to Harding. Artic. 3. Divis. 24. p. 142. An­tiq. Ecclis. Brit. p. that when King Luc [...]us sent to [Page 206] Pope Eleutherius, (upon his Commission to the Christian faith:) for the Roman Lawes and Canons, to governe the Church and Kingdome by; the Pope returned him this answer: Yee have received through Gods mercy in the Realme of Brittaine, the Law and faith of Christ, yee have within the Realme, both the parts of the Scriptures. Out of them by Gods Grace WITH THE COƲNSELL OF YOƲR REALME, (to wit a Parliament, not your Bishops and Clergy,) TAKE YEE A LAW, and by that Law (through Gods suffe­rance) rule your Kingdome of Brittaine: For you be Gods Vicar in your Kingdome &c. Where the Pope prescribes, and re­ferres the making of Ecclesiasticall Lawes and, Canons, not to the King or Clergy, but to the King and Parliament. Hence the Canons of the Councell of Clonesho, An. 747. were made, and confirmed in Parliament by King Ethebald and his Dukes, and Nobles. Malmesburiensis, De Gestis Pontif. Angliae, l. 1. p. 197. In the Councell of Westminster, under Anselme, An. 1102. both the King and Nobles were present, that so what­soever was determined by the authority of the Councell, Utriusque ordinis concordi cura, & sollicitudine ratum, serva­retur. SIC ENIM NECESSE ERAT. Malm. Ibid. p. 218. and Eadmerus, l. 3, p. 67. l. 4. p. 94. 95. and William the Conqueror, Edger, Canutus, Ira, Alfred, Edward the Elder, Ethielstane, Edmond and Ethebrede made Ec­clesiasticall Lawes and Canons in Parliament, as Lambard in his Arch [...]onomia, Fox Acts and Monuments, p. 714. 715. Bishop Jewell Defence of the Apologie, part. 6. c. 2. Divis. 1. p. 521. 522. Joannis Seldeni Notae ad Eadmerum, p. 167. 168. testifie at large. The Booke of the Common prayer and administration of the Sacraments, and other Rites and Ceremonies of the Church of England, made and confirmed by Parliament, exactly pre­scribes all Orders, Rites, and Ceremonies whatsoever, that shall or ought to be used in the Church of England in time of Divine Service, or Sacraments, both by Ministers and people. And the Statute of 1. Eliz. c. 2. enacts, that no maner or Person, [Page 207] Vicar, or other Minister, whatsoever shall use, or by open fact, deed, or threatenings compell, or cause, or other wise procure, or maintaine any Person, Vicar, or other Minister, to use any o­ther Rite, Ceremony, Order, Forme, or maner of celebrating the Lords Supper, Matten, Evensong, administration of the Sacra­ments; or other open prayers, then is mentioned and set forth in the said Booke, under the forefeitures, and penalties mentioned in that Act, providing, that if there shall happen any contempt, or irre­verence to be used in the Ceremonies, or Rites of the Church, by the misusing of this Booke, the Queenes Majesty, (not her Bishops, Heires or Successors,) by the advise of her Ecclesiasticall Commissioners, or of the Metropolitane of this Realme, might or­daine and publish such further Cerimonies or Rites, as may be most for the advancement of Gods glory, the edification of his Church, and the due reverence of Christs holy Mysteries and Sacraments. Which last clause is meerely personall to the Queene, and ex­tendeth not to her Heires and Successors, thrice mentioned in the former clauses, but left out purposely in this; the Parlia­ment, having good assurance of the Queenes zeale to Religion, not of her Heires and Successors, of whose persons and qualities they were then utterly ignorant. By all these Statutes, as like­wise by King James Letters Patents, before the Canons and Constitu­tions An. 1603. and King Charles his Declaration, prefixed to the 39. Articles An. 1628. compiled, by the Bishops themselves, it is apparant, that neither all the Archbishops, Bishops, Arch­deacons and Clergy together, nor any of them apart in their severall Diocesse, can so much as make enjoyne or prescribe any new Canons, Constitutions, Orders, Ceremonies, Rites, or Ornaments of Churches whatsoever, nor yet alter any of those prescribed in the Common Prayer Booke, no more then the meanest Curate, or Layman, by their owne Episcopall power or authority, much lesse then suspend, silence, deprive, or excommunica [...]e any, who refuse to submit to their new or­ders, Articles, C [...]no s, Constitutions, Rites, Ceremonies, Alterations, Innovations, and Ordinances. Yet such is the arrogant insolency of our Archbishops, Bishops, Archdea­cons, [Page 208] and their officials, that they not onely dare make, pro­mulge, print, publish, and prescribe new Articles, Canons, Constitutions, Orders, Injunctions, Rites, Ceremonies, (as standing up at Gloria Patri, the Nicene and Athanasius Creed, bowing at the naming of Jesus, cringing to Communion-Tables and Altars, placeing and railing in Communion-Tables Altar wise, erecting of Images, Pictures, Crucifixes, Altars and Tapers in Churches, Prayer towards the East, comming up to the Communion Tables to receave, with a world of other Innovations. contrary to the Common Prayer Booke,) in their Visitations and Consistories, (without the Kings speciall License, under his great Seale,) but likewise excommunicate, fine, and im­prison such Churchwardens and Laymen, and suspend, silence, deprive, imprison such Ministers and Clergymen, as oppugne disobey, or refuse to submit unto them, (when as their owne 12. Canon excommunicates ipso facto, all such as shall obey them, or submit unto them, and themselves to, for making them without the Kings authority:) witnes the Churchwardens of Ipsw [...]tch, and Beckington, Master Chauncy, and divers others: A great oppression, and vexation to his Majesties faithfull Subjects, and a high affront and contempt, not onely to his Majesties supreame Iurisdiction, in causes Ecclesiasticall, but likewise to his Royall Declaration, prefixed to the 39. Articles, reprinted by his Com­maundement, wherein hee professeth, that hee will not indure any varying, or departing, in the least Degree, from the Doctrine and Discipline of the Church of England then established; and to his Declaration to all his loving Subjects, of the causes which mooved him to dissolve the last Parliament, published by his speciall Com­maund, An. 1628. p. 21. 42. wherein hee called God to record, that hee will never give way to the authorizing of any thing, whereby any Innovation may steale, or creepe into the Church, but preserve that Ʋnity of Doctrine, and Discipline established in the time of Queene Elizabeth, whereby the Church of England hath stood and flourished ever since: and professeth, that hee w [...]ll maintaine the true Religion and Doctrine established in the Church of England, with­out [Page 209] admitting or conniving at any back sliding, either to Popery or Schisme.

3. The Statute of 21. H. 8. c. 5. enacts, that Ordinaries and their Ministers, for Probate of wils, or letters of administration, Against their exacted Fees and oppressions of this nature. where the goods doe not clearely amount above the vallue of C. s. shall take onely 6. p. where they are above C. s. and yet exceed not the value of 40. s. but onely 3. s. 6. d. and not above, where they amount to above 40. p. onely 5. s. and no more, unles one penny for every 10. lines of 10. Inches long under paine of forfeiture of double the money they take above these fees to the party, and tenne p. besides to the King, and party greived; Yet these greedy cormorants and oppressors, for every will, now prooved, and all Letters of administrationSee Stephen Puckels Table of Fees printed an. 1631. In causes of office, and dayly expe­rience. take usually 3. 4. 5. or 6. times as much more of his Majesties Subjects, as this Statute allowes them, and are not ashamed to claime it as their due; re­fusing to take lesse to the great oppression of his Majesties Sub­jects. John Stratford, Archbishop of Canterbury, with the Coun­cell of London, October the 10. 1342. made this Constitution con­cerning fees for Letters of order, Institutions and admissions to benefices &c. (which is still in force, if any part of the Canon-Law be, as our Prelates affirme, and25. H. 8. c. 19 Cookes Institutes, f. 344. some Lawbookes too.) a Ioannis de Aton Const. provincial, f. 132. Lindewood provinc. 1. Constit. lib. 3. De Censibus de Seva f. 160. 161. De institutionibus leg. fol. 102. 103. new and insatiable (so Aton) a cruell and wretched Covetous­nes (so Lindewood reads it) hath invented, how great exactions may oft times be made for Letters of institution of Clercks, admitted to benefices Ecclesiast [...]call, and for letters of orders, for the paines of writ­ing, and for the Seales which the Canon it selfe reprooveth, saying, that as it becomes not a Bishop to sell the imposition of hands, so nei­ther the See Concilium Romanum sub Gregorio. 1. c. 5. Surius Concil. Tom. 2. p. 689 Concil. Coloniense, An 1536 c 28. Surius Ibid. Tom. 4 p. 756. with other Councels and Decrees, Ibid. Tom. 1. p 705. Tom. 2. p. 172. a. 197. b. 328. b. 364. b. 603. 886. a. 635. b. 648 a. Tom. 3. 195. a. 264 a. 44 b. 292 b. 570. a decree that Orders should be conferred gratis, and that the Bishop, Minister, and Notary should demaund & take nothing for them, it being Symony. Minister to sell his quill, moreover the Clercks of [Page 210] Archdeacons, and their Officials and other ordinaries, refuse to de­liver the Certificates of inquisitions made upon vacant benefices, unles they have first and excessive Some of money for writing, wee there­fore willing to abolish this abuse, have determined by the advice of this present Councell to ordaine, that for the writing of the letters of In­quisitions, Institutions, and collations, and Commissions to induct any into their benefices, or for the certificates of the same. The said Clerks receave not either by themselves, or by others above 12. d. and for the letters of every holy order, not above 6. d. In other things, let the ordinaries themselves be bound to allow stipends, for their Ministers and Officers, whereby they may justly be satisfied, but for sealing of such letters, or to the Marshall for entring into the howse or Porters, or doorekeepers, or Barbars, wee will that nothing at all be exacted or payd by coulerable intend, least the payment for Seales of letters, or entrances aforesaid be turned into a damnable gaine. And this wee ordaine upon paine of double to be restored within one moneth, otherwise the Clerks that refuse to restore double, let them know, that they stand suspended from their office, and from their benefice, by the approbation of this holy Councell: Wee ordaine likewise, that those, who are bound at the Commaundement of their Superiours, to indict such, who are admitted unto Ecclesiasticall benefices, be con­tended with moderate charges, for such induction to be made. Name­ly, if the Archdeacon be throughly contented with 3. s. 4. d. and his Officiall with 1. s. for all charges, both of himselfe, and his returne, concerning Diet, and let him that is inducted aforesaid, chuse whe­ther hee will provide for the returne of him and his that giveth the possession in such quantity of money, or in other necessaries. And if any thing over and above this, by occasion of the premises be re­ceaved by such as induct, or if they receave any more for the in­duction to be made by them, or if it shall happen, that they make not letters certificatory of their induction, and deliver them unto the Inducted, or which faighneth pretence unlawfully deferre them, wee will such as are culpable herein, so long to incurre suspension from their office, and enterance from the Church, untill the things contrari­ly receaved, be restored, and that they satisfie in the premises, him [Page 211] who by their default is hindred. Bus what if hee be inducted (saith Lindewood in his Glosse,) by another then the Archdeacon him­selfe or his officiall, yet at the commandment of the said Archdea­con, whether may the Archdeacon receave any thing for such an in­duction? Answer no, but hee that investeth him after this sort, shall have of him, that is inducted necessary expences, and such as are agreeable to his estate and calling under the moderation, limited unto the Archdeacon himselfe, or his Officials, if any of them had personally made any such induction. AndLindewood Ibid. Stephen Laughton, Archbishop of Canterbury, and the Councell of Oxford, An. 1222. made this Degree; Wee ordaine that no Prelate, when hee shall conferre any Church or Prebend, presume or dare any maner of wayes, either to usurpe unto himselfe the fruits of the same Church or Pre­bend, not yet gather or to exact, or suffer to be exacted, by his Officials or Archdeacons, any thing for the institution, or possession giving, or for any writing to be made, touching the same; Moreover, by the Sum. An­ge [...]ica Tit. Proodicare, 2. H. 4. c. 15, Canon Law, and Booke of ordination of Ministers, every Minister may lawfully preach in his owne Cure, as well as baptise, administer the Communion, and read Common prayer, Acts and Monuments p. 401. 402 403. 406. 416. to 420 429. 431. 483. 485. 500. 502. 521. 541. 552. 553. 563. 588. 590. 592. 598. 599. 6 [...]2. 604. 639. 800. 874. 883. 884. 911. 930. 931 950. 956. 1001. 1106. 1015. 1016. 1099. 1156 1161. 1181. 1182. 1231. 1281. 1283. 1358. 1577. 1580. 1584. 1512. 1585. 1586. 1888. 1899. without a license; and if any have licenses, granted them to preach, out of their owne Cures, they ought to be granted freely without any fee or gra­tuity, to the Bishop or his Officers. And the Statute of 23. Eliz. c. 1. provides expresly: That no ordinary, or their Ministers, shall take any thing for the licensing or allowance of Schoolemasters; yet notwithstanding these Statutes, Canons, and Constitutions, our Prelates their Commissaries, Secretaries, and other Officers, take no lesse then 15. 20. 25, or 30. s. for the orders of every Deacon, and as much for every Ministers orders, so as few are or can be now made Ministers under 40. 50. or 60. s. charge in fees and in some places more, yea they exact and take no lesse then 6. 8. d. yea 10.See Stephen Puckels Ta­bles of Fees. 15. and 20. s. sometimes for every li­cense [Page 212] to preach and keepe a Schoole, and no lesse then 3. 4. 5. s. (and sometimes more as themselves shall please to demaund) at every trienniall visitation, for shewing these their letters of or­ders, and licenses; when as there is never a farthing due by Law; and as for institutions and inductions to Benefices, our Archdeacons and their officials exact, and take for every insti­tution and induction, no lesse then 2. 3. 4. 5. 6. and some­timesSo much Doctor Feat­lies Inductiō to Aston stood him in fees. 7. p. and more according to the vallue of the livings: An horrible extortion, oppression and Simmony, farre worse then the selling of Benefices by Patrons, yet our Prelates con­nive at, countenance, and maintaine all these exactions and ex­tortions, not questioning any man for them, which is ill; yeaSee Stephen Puckles Table of Fees the E­pistle Dedi­catory. re­fusing to right, and persecuting those who complaine against them, which is farre worse. So farre is that of Vespatian now with them and theirsSuetonii Vespatianus. Dulcis odor lucri ex re qualibet.

The Statute of 31. Eliz. c. 6. ratifies these former con­stitutions, concerning the selling and giving of orders, and pro­vides: That if any person or persons whatsoever, shall receive or take any money, fee, reward, or any other profit, directly, or indi­rectly, or shall take any promise, agreement, covenant, bond, or o­ther assurance to receave any money, fee, reward, or any other profit, directly, or indirectly, either to him or themselves, or to any other of their, or any of their freindes, (all ordinary and lawfull fees, onely excepted, which are but those above specified) for to procure the ordering, or making of any Minister or Ministers, or giving of any orders, or license, or licenses to preach; that then every person or persons, so offending, shall for every such offence forfeit the summe of xl. p. of lawfull money of England, and the party so corrupted, or­dained, or made Minister, or taking orders, shall forfeit 10. p. And if within 7. yeares after such corrupt entering into the Ministry, or receaving of orders,, hee shall accept any benefice, living or promo­tion Ecclesiasticall, that then immediately, from and after the in­duction, investing or installing thereof, or thereunto, had the same benefice, living and promotion Ecclesiasticall, shall be meerely voyd, and that the Patron &c. may present and collate unto the same, And [Page 213] by the same statute it is enacted, that if any person or persons, for any summe of money, reward, or guift, profit or commodity what­soever, directly, or indirectly, (other then for usuall and lawfull fees, which are those onely forementioned) or for, or by reason, of any promise, agreement &c. (as in the former clause,) shall at any time admit, institute, install, induct, invest, or place any person, in or to any benefice, with Cure of Soules, dignity, benefice, or other Ecclesiasticall living, that then every person, so offending, shall forfeit, and loose the double vallue of one yeares profit of every such Benefice, Dignity, Prebend, and living, and that the same shall be immediate­ly voyd, so as the Patron may present thereto; By vertue of which Act, I feare me, most Ministers may be turned out of their livings; and all our Prelates with their Officers, and late ordai­ned Clerks undone, if their forfeitures were but well inquired after;Ioannis de Aton, Con­stit. Othonis, de Archidea­conis, f. 43. 44. Otho in his Constitutions, with our whole generall nationall Synode, under him prescribes, that Archdeacons in their Visitations, or when they punish and correct crimes, shall not presume to receave any thing, (by way of fee,) nor to involue any man in censures un­justly, that so they may extort money from them, because those things, and such like savour of Simmoniacall pravity: And hee further ordaines, that no Archdeacon or Bishop shall receave pro­curations from any Church, unlesse hee personally visit the same Church, nor extort any thing for redemption of Visitations: And John Stratford, Archbishop of Canterbury, with the Councell under him, An. 1342. degree: That no man shall presume to receave of any Church any procuration, to be payed by reason of visiting, unlesse hee diligently visit the same Church in person: and if any will visite any Churches in one day, let him be content with one dayes pro­curation in victuals, or money, unto which procuration let him cause all and singular Churches, so visited in one day, proportionally to con­tribute as the Canons ordaine; yeaLindew. Constit. Pro­vin. de Cen­sibus l. 3. c. Quemvis, f 161. 2. Boniface, Archbishop of Canterbury ordained,Lindewood Ibid. that the Appariters and Bedels, should re­ceive nothing from Ministers and others for any Sermons citation, but what they should please to give them freely. By which and sun­dryConcilium Toletanum 3. Can. 20.21. & 7. Can. 4. Con­cil. Lateran. sub Alexand. 3 An. 1179 pars 1 c. 4. 7 Bochellus Decr. Eccles. Gall. l. 5. tit. 15. Concil. Colon. An. 1536. c. de quarto. 1. modo refor­mandi Ec­clesiam. other Councells it is apparant.

[Page 214]1. First, That by the Canon Law, no procurations are due, or ought to be payed to Archbishops, Bishops, Archdea­cons, and other Ordinaries, unles they visit in person, not when they visit by the parties.

2. Secondly, That they ought personally, to visit every Church in their Diocesse, (not an whole Deanery, onely at one Church, as now they doe without visiting the rest;) else it is not in truth a Visitation, for how is that visited, which is not so much as seene? and that no procurations are due from any Churches, which they doe not personally visit.

3. Thirdly, That where they visit many Churches in one day, there they ought to receave but procuration for them all.

4. Fourthly, That this procuration may be payd, either in money or provision, at the Election of those who are visited, it being onely payd to defray the charges of their provision, and not as any fee, or duty.

5. Fiftly, That where the Bishop, Archdeacon, or Visitor, is entertained by any Minister or Gentl. and put to no expences for provision, there no procuration is due; nor yet ought to be required.

6. Sixtly, That no fees are due to Apparitors, or any other Officers attending those Visitors for any offences presented, in­quired after or punished, nor for shewing of licenses, Visitation-Articles, or Churchwardens, presentements &c. but onely the procu [...]ation it selfe, which ought to be no more then the Visi­tors necessary (not superfluous and idle) expences. This without all controversy is the Canon and Common Law to, as the Premises evidence? yet our Archbishops, Bishops, Archdeacons & other ordinaries (as if they visited onely of purpose to fill their purses, and fleece both Ministers and people, as Mathew Paris Hist Major. p. 794. 795 754 755. 756. 766. to 789 An­tiquit. Eccl. [...]rit p. 18 [...]. 186. 187. they have ever done,) take [Page 215] and exact procurations. 1. When they visit not in person, [...]ut by deputy, when none are due by Law. 2. Of such Churches, which they never personally visit. 3. Many pro­ [...]urations of every Church, within the Deanery for one dayes Visitation onely. 4. Procurations in money, not in provi­ [...]on, and that more then will defray their necessary expences. 5. Procurations evenwhere they are entertained by the Mi­ [...]ister or some others, and are put to no expence.

Moreover, they and their Registers exact and demaund [...]cessive fees.

1. First, Of every Minister for shewing of his Letters of or­der and licenses, to preach sometimes 3. s. 6. d. sometimes 5. s. [...]here there is nothing due.

2. Secondly, Of every Schoolemaster and others for shewing [...]heir licenses, to teach Schoole, and the like as much.

3. Thirdly, OfSee Stephen Puckels Table of fees. Churchwardens and Sidemen for their [...]resentment, accompts, oathes, and the illegall Booke of Ar­ [...]icles, they sell them to present on 1. s. 6. d. or more.

4. Fourthly, Of the Parties there presented, cited, and cen­ [...]red; what ever they please to exact, some times 2. s. 3. s. or [...]ore.

5. Fiftly, Of Rurall Deanes, for their Oath, accounts, and office, (though imposed on them against Law, for the Arch­deacons, and Apparitors case,) 6. s. 6. d. or more.

All these withSee Pucke [...] Ibidem. many others are meere extortions against Law and Canon; yet our Prelates, Archdeacons, and their un­derlings, both take and challenge them, as their due, excommu­nicating those, who refuse to pay them: Their Visitations (kept without any Commission or Patent from the King, in their owne names, for which they incurre a Premunire) being meere [Page 216] illegall oppressions, extortions, and deprevations on the poore Ministers and Subjects, as they have beene in all ages, (no Counsells, Canonists, Histories, or Authors ever mentioning them, but with a relation and censure of those manifold exactions, ex­tortions, and oppressions which inseperably attend them)In his Postill the Sunday before Easter p. 288. & non morum, sed nummorum visitatio, as Doctor Boyes out of the Centuries, and Sant Augustine concludes; Their extortions in their High-Commissions and Consistories, by their Chaun­cellors, Commissaries, Officials, Registers, Apparitors, Purse­vants and other officers, are infinite and intolerable, not any one of them warranted by Law or Canon, fitter to be inquired after by the Commissioners for extorted fees, then here to be related, onely I cannot but remember, that it is the See Puckels Table, and Nicholaus de Clemangis, de corrupto Eccles. statu. c. 25. accor­ [...]ingly. Common practise of these harpies, to cite men into their Courts by their Ap­paritors, by a generall Citation, without expressing the cause in the the C [...]tation, for which they are summoned (whichNat. Brev. f. 41. A. Fitzher­bert long since resolved to be an oppression; and against Law) or th [...] Party at whose suite they are summoned, if they appeare not there [...] then they excommunicate them for a contempt, and so must pay 4. or 5. s. for an absolution, though nothing be objected against them, if they appeare, then they must pay the fees of th [...] Apparitor and Court, to wit, 16. d. 2 s. 2. s. 6. d. or mor [...] sometimes, though no man appeare to object any thing against them and be dismissed, and if they refuse to pay their fees, (which are ac­cording as themselves please, to cease them sometimes 16. 18. 20. d. 2. s. or more) then they will not dismisse, but for This was an Article objected a­gainst Bis­hop Farrar. Fox Act & Monuments p. 1404. Artic. 16. vexa­tion and grave adjourne them to some other Court day, and if th [...] appeare not, they forth with excommunicate them, upon wh [...] they must pay terrible fees, or more for an absolution though In­nocent. This is the common course and dayly practise of thei [...] Consistories, an extortion, oppression, and vexation so un­just, so frequent and greivous to the Subjects, (that I speak [...] not of their severall plots and devices, how to rayse fames of in­nocent men and women to bring them into trouble,) as th [...] they groane and languish under it, and now more then ever [...] In a word their extortions are so manifold great and greivous [...] [Page 217] thatOfficialis Episcopi mi­nisterium damnatissi­ma villica­tionis Credo, huj usmodi officiales non ab officio verbo mu­tasse voca­bulum. Nam genus hoc hominum quod dicunt offici per­di &c. Si mihi credis, imò si credis in Deum re­linque ma­turius offici­alis officium ministerium damnationis, rotam malo­rum spiri­tum vertigi­nis qui te ad inania cir­cumvoluit miserare a­nima tua placens Deo, cui placere non potes, cum isto perditionis officio Epistola, 25. ad officialem Episcopi Car­ [...]retensis. Petrus Blesensis, Archdeacon of Bath (who notably de­ciphers and declaimes against them) derives the name of an Of­ficiall, from the verbe officio, as it signifieth to hurt, calling it, an office of perdition, and damnation, in which whosoever continueth, must necessarily be damned and cannot be saved, whether our Pre­lates, Archdeacons, Commissaries, and all their under Officers, who thus fleece, oppresse and vex his Majesties Subjects by these their manifold extortions, and are (I dare say,) the greatest oppressors, and extortioners, and polers of them, this day living, (except their High-Commission, Purseuants, Registers, Goa­lers, Officers, who equall or exceed them,) ought not to be forthwith informed against in the Starchamber, and there deeply fined to his Majesty, (to the value at least of the fees, they have extorted) and deprived of all their offices, Courts, and places, for which they have no Patent, and so no right or Title; and whether this would not be a just and lawfull project, whereby the new Lord Bishop Treasurer, might and ought to procure his Majesty a great Masse of money, I humbly submit to the Iudgments of those, whom it most concernes, to looke there­to, & to take care to ease the Subjects of these extortions, which are now become an insupportable burden to the people. To these I might adde their pecuniary mulcts, fines, and penalties, for omitting, and negligent performing of their disorderly or­ders, to turne Communion-Tables Altarwise, and the like by which Device Doctor Peirce, now Bishop of Bath and Wels, and his Offi­cers, (men as worthy to be brought into the Starchamber for their exactions as any of their Coate, to omitThe Bishop of Winchesters Chauncellour, who fined some Churchwardens, lately 6. s. [...]ayed for not altering their Communion-Table. Doctor Mason [Page 218] and others) extorted no lesse then 6. s. 8. d. of late in lesse then one quater of a yeare of many Parishes in his Diocesse. Their See Stephen Puckels Table of Fees. com­mutations of penance, (the money whereof they purse up them­selves, whereas they should distribute it to the poore, or bestow it on other charitable uses) even in cases, where Penance ought no to be committed. Their extorting of money byWhich are meerely vo­luntary at the parties, not Iudges ele­ction, by the Canon Law, as Gratian. Can. 2 qu. 5 resolves. Purgations, Cum­purgaturs, and by granting licenses, to marry without asking banes in the Church which if marriages and licenses to marry, be meerely spirituall, as they pretent, (as if a license to preach, or receave the Sacrament,) is grosse Simmony, and so to be taken from them to prevent Simmony in them, which makes them See Summa Angelica, tit Simmon. Irregularitas Iudex & excommuni­catio. ex­communicate, and irregular Ipso facto, uncapable to preach (which they seldome doe, and thefore need not much to value) to ad­minister the Sacraments, give orders, or exercise any Ecclesiasticall Jurisdiction. If civill and temporall, then it belongs not to their Iurisdiction, but the Kings; and such temporall Officers, as hee shall authorize to grant them. But these, I pretermit, as fitte [...] for Commissioners or a grant Iury, to inquire after that, they may be punished, then here to discourse or treat of any fur­ther. Onely this I shall observe, that there are divers Com­missions printed in the Register part. 2. f. 1. l. 5. 126. Register, for inquiring after extortion, oppression, and exacted fees in officers, and for sequestring their offices, till the Inquiry fully made for the better examining, sifting out of their extortions. Yea I finde Antiquit. Eccles. Brit. p. 243. King Edward the 3. in his Proclamations against Archbishop Stratford, published to his Sub­jects, that hee remooved some great men from their offices and places, and imprisoned others of inferiour quality, who upon probable grounds were suspected of the ill administration, and subversion of Justice, the oppression of his Subjects, taking of bribes, exacting excessive fees, and other great offences, till these their offences weare fully examined, and inquired of least they injoying their accustomed liberty & offices, the execution of Justice should be supplanted by their subtility, and the inquisition of the truth deluded by their craftines. Whether our Prelates and their officers ought not thus to be suspended, imprisoned, and proceeded against, for their fore­named [Page 219] extortions, exacted fees, bribes, and oppressions, I re­ferre to his Majesties wisdome and Iustice.

4.Against Bishops Vi­sitation Oathes, and Articles and Presentm. on them, prooving them both against Law and Con­science. It is most perspicuous and apparent by the severall Sta­tutes of 9. H. 3. c. 28. 51. H. 3. c. 14. 3. E. 1. c. 40. 6. E. 1. c. 8. 13. E. 1. at Westm. c. 43. 13. E. 1. Statute of Winchester, c. 1. 6. 13. E. 1. statute Merchant Articles of Inquisition, upon the statute of Winchester. 34. E. 1. statute of liberties, c. 6. 51. H. 3. statute of Escheators, 9. E. 2. statute of Scheriffes, 17. E. 2. c. 4. 1. E. 3. c. 8. and statute 2. c. 4. 5. E. 3. c. 2. 9. E. 3. of mo­ney c. 9. 15. E. 3. c. 3. 4. 18. E. 3. statute 3, The Oath of Iudges and Clerks of Chauncery, 20. E. 3. c. 1. 3. 25. E. 3. stat. 1. c. 5. 6. stat. 4. c. 1. and stat. 7. of levying the quindesme, 27. E. 3. stat. 2. c. 1. 15. 16. 23. 24. 26. 31. E. 3. stat. 2. 5. R. 2. stat. 1. c. 2. 12. 13. 14. 6. R. 2. c. 12. 9. R. 2. c. 3. 12. R. 2. c. 8. 13. R. 2. c. 7. 17. R. 2. c. 9. 4. H. 4. c. 10. 18. 20. 21. 1. H. 5. c. 6. 2. H. 5. c. 4. 6. 7. 4. H. 5. c. 2. 4. 2. H. 6. c. 10. 18. H. 6. c. 4. 10. 20. H. 6. c. 10. 23. H. 6. c. 2. 33. H. 6. c. 3. 5. 3. E. 4. c. 3. 7. E. 4. c. 1. 8. E. 4. c. 2. 12. E. 4. c. 2. 3. 17. E. 4. c. 2. 5. R. 2. c. 12. 14. 1. R. 3. c. 6. 25. H. 8. c. 22. 26. H. 8. c. 2. 31. H. 8. c. 14. 23. H. 8. c. 5. 28. H. 8. c. 16. 32. H. 8. c. 46. 33. H. 8. c. 22. 19. H. 7. c. 7. 1. Eliz. c. 1. 5. Eliz. c. 1. 13. c. 7. 27. Eliz. c. 12. 1. Jac. c. 9. 31. 3. Jac. c. 4. 7. Jac. c. 2. 6. 21. Jac. c. 7. 20. 33. 1. Car. 2. 1. 2. Car. 2. 1. and the Petition of Right, 3. Car. Wests presidents Tit. Chauncery, Sect. 34. 36. 39. 57. 58. 59. 61. with sundry other Statutes and Lawbookes, that no kindes or formes of Oathes can be made or imposed on his Majesties Subjects, nor prescribed to them in any new cases, but by Act of Parliament, onely, that no Bishop or Subject whatsoever, have any power to make or injoyne any new Oathes or formes of Oathes, nor yet authority to administer an Oath to any man, without a speciall Commission from the King, under his great Seale, or some Act of Parliament, specially au­thorizing him, to give or take an Oath, unlesse in Courts of record in cases, where the Canon Law inables the Judge to administer an [Page 220] Oath by prescription, originally grounded on some Charter, or Com­mission from the King. The statute of Magna Charta c. 28. enacts, That no Bailiffe from henceforth, shall put any man to his open Law nor to AN OATH, upon his owne saying, without faithfull witnesses, brought in for the same. The equity where­of extends to the Bishops, though the words onely to Bailiffes. The statute of Marlebridge 51. H. 3. c. 22. enacts, That none from henceforth may distraine from his freeholders, to answer for their freeholdes, nor for any thing, touching their freeholdes without the Kings writ: nor shall cause his freeholders to sweare against their wills; FOR NO MAN, MAY DOE THAT WITHOƲT THE KINGS COM­MAƲNDEMENT, to wit, by the Kings speciall writ and Commission for that purpose.Matth. Par [...] Hist. Major. p. 438. An. 1236. Otho, the Popes Legate, in a Councell of London, made this Constitution, touching oathes in spirituall causes in Ecclesiasticall Courts, till that time not knowne, nor used in England, as appeares by the words of the Constitution, Iurisjurandum calumniae in causis Ecclesiasticis cujuslibet, ET DE VE­RITATE DICENDA IN SPIRI­TUALIBUS QUOQUE, ut veritas ape­riatur facilius, & causae celerius terminentur, statui­mus DE CAETERO PRAESTARI IN REGNO ANGLIAE, secundum Canonicas & legitimas sanctiones OBTENTA IN CONTRARIVM CONSVETVDI­NE NON OBSTANTE. A cleare resolu­tion, that till that time the custome of England, and the Law of the Land was contrary, that they could not inforce any man to his Oath in such cases. After whichMatth. Paris Hist. Major. p. 693. 694 whose words are th [...]se. Grosthead, Bishop of Lincolne, An. 1246. upon the suggestion of the Friers Predicants and Minorites, raged more then was meet or expedient against those of his Diocesse: making strict inquisition in his Bishopricke by his Archdeacons and Deanes, concerning the chastity and maners, [Page 221] as well of noble as ignoble, (upon oath,) to the enormious hurt and scandall of the reputations of many, Quod nun­quam anteà fieri consue­verat: saith the Author. WHICH HAD NEVER BEENE ACCƲSTOMED TO BE DONE BEFORE, The King hearing the greivous complaints of his people against these innovations, did there­upon by the advise of his Counsell and Courts of Justice, send a writ to the Sheriffe of Hertford in these words; Henry by the grace of God, King of England, &c. Wee commaund thee, that as thou lovest thy selfe, and all things that are thine, that thou from hence­forth suffer not any Laymen of thy Balywicke, to assemble together in any place, at the will of the Bishop of Lincolne, or of his Archdea­cons, Officials, or Rurall Deanes, to make any acknowledgments, or attestations upon their oath, unlesse in cases of Matrimony and Testament. Matthew Paris Hist. Major. p. 705. And the very next yeare following in pursevance hereof, the King (by Parliament) enacted, and commaunded these things, ensuing to be inviolably observed: That if any Lay­men were convented before an Ecclesiasticall Judge, for breach of faith and perjury, that they should be prohibited by the King: And that the Ecclesiasticall Judge should be prohibited to hold plea of all causes against Laymen, unlesse they were of Matrimony and Testament. All which Matthew Paris precisely relates. Which Prohi­bition and statute nullified the Constitution of Otho; and hin­dred this his innovation: Whereupon, that insolent trayterly audacious martiall Archbishop of Canterbury, Boniface (Antiquit. Eccles. Brit. Bonifacius p. 185. bet­ter skilled in affaires of the Campe then of the Church,) An. 1256. (but nine yeares after this Prohibition and forenamed Statute,) published this peremptory audacious Constitution in affront of them both: Statuimus quod Laïci ubi de Subdito­rum peccatis & excessibus corrigendis per Praelatos & Ecclesiasticos Iudices inquiritur, AD PRAE­STANDVM DE VERITATE DI­CENDA IVRAMENTVM, per excom­municationis se [...]tentias, si opus fuerit, COM­PELLANTVR; Impedientes verò NE [Page 222] HVIVSMODI IVRAMENTVM PRAESTENTVR. (For the Iudges with many others then generally oppugned and hindred the ushering in of this innovation,) per interdicti & excommunica­tionis sententiam arceantur. To evacuate with exorbi­tant illegall Constitution (meant onely of witnesses, not of Church­wardens, Sidemen, or strangers oathes, as theLindew. Pro [...] in. Con­stit. lib. 2. De Iureju­rando f. 80. Glosse of Linde­wood, (who records it,) resolves in expresse termes,) trench­ing both upon the peoples Liberties and the Courts of Iustice too; the Iudges frequently granted out sundry generall Pro­hibitions, to all, or most of the Sheriffes of England; as is evi­dent by thePars 2. fol. 36. b. 43. 50. Register of Writs; Nat. Brev. f 41. A. Fitzherberts Natura Bre­vium; Abridgm. of Statutes. Tit Prohi­buion. 5. Rastall, and others, commaunding the Sheriffes, to in­hibite Bishops and their Officers, to cite Laymen before them, to take an oath in any cases whatsoever, except of Matrimony or Testa­ment onely; and not to suffer the people to appeare before them to take such oathes; Which Prohibitions runne in these words. The Register pars 2. f. 36. Nat. Brev. f. 41. A. King to the Sheriffe greeting; Wee commaund thee, that thou permit not, that any Laymen henceforth come together at the Citation of the Bishop, or his officers, in any place, to make any re­cognitions, or to take an oath, unlesse it be in case of Matrimony and Testament; Upon which Prohibitions, this Attachment followed: The King to the Sheriffe, greeting: Cause such a Bishop to put in suerties to appeare before our Justices &c. to shew cause, why hee made certaine Lay-persons to be summoned and distreined by Ecclesiasticall Censures, to appeare before him at his pleasure, to take an oath against their wills, IN GRA­VE PRAEIVDICIVM CORONAE ET DIGNITATIS NOSTRAE RE­GIAE, NEC NON CONTRA CON­SVETVDINEM REGNI NOSTRI, to the Greivous prejudice of our Crowne and dignity, and also against the custome of our Kingdome, &c. Which Prohibitions and Attachments were usuall, as appeares by Rastalls Abridgment [Page 223] of statutes, Prohibition. 5. where a larger forme of Prohi­bition and Attachment is recited; commaunding the Scheriffes of s [...]verall Counties, that they suffer not, that any Laymen in their Balywicke come together in any places, to make any recognisances by their oathes before Bishops or Ecclesiasticall Judges, except in causes of Matrimony and Testament. The Statute of 2. H. 5. c. 3. recites, that the Ecclesiasticall Court in that time could cite men (to sweare,) onely in cases of Matrimony and Testament. And the Statute of 2. E. 6. c. 13. concerning Tithes, enacts, That if any man refuse to pay his personall Tithes, that then it shall be lawfull for the ordinary of the same Diocesse, where the party dwels, to call the said party before him, and by his discretion to examine him, by all lawfull and reasonable meanes, concerning the true payment of the said personall Tithes, OTHER THEN BY THE SAYD PARTIES CORPO­RALL OATH. For that was neither lawfull, nor rea­sonable, the Ecclesiasticall Court, having no power to administer oathes, but in case of Matrimony and Testament, and no man being by Law or equity bound to accuse or bare witnesse against himselfe: the true reason, why the Parliament inserted this clause, and a direct Parliamentary resolution, that Ecclesiasticall Iudges can enforce no man to sweare, nor not a witnesse, (much lesse as a party,) except onely in case of Mariage and Wills; nor constraine any man in any case to take an Ex officio oath to accuse himselfe: Which Ex officio oathes are for ever exploded by the Petition of Right, 3. Caroli; that mentions this among other great greivances, contrary to the Lawes, and statutes of the Realme, and the Subjects Liberties and Rights; That of late d [...]vers Commissions were directed to sundry Commissioners in seve­rall Counties, by meanes whereof the people had beene in divers places assembled, and required to lend certaine sommes of money to his Majesty, and that money of them upon refusall so to doe have had an oath administred un o them, (to answer to certaine Interrogato­ries, which the Commissioners should demaund of them Ex officio to accuse themselves, and others,)All Oathes not warran­ted by the Lawes and Statutes of the King­dome are there ad­judged to be if voyd and contrary to the Subjects liberties, but all Ex officio and all other Oathes, ex­cept onely in cases of Mariage & Testament, ministred by the High-Commiss. & all other Ec­clesiasticall Iudges, are such; there being no law or statute, that pre­scribes or warrant them. Therefore they are meerely voyd contrary to the Lawes & statutes of the Realme, and to the Sub ects Li­berties and for ever deploded by this Statute. not warrantable by [Page 224] the Lawes and statutes of this Realme; whereupon they there pray as their Rights and Liberties, according to the Lawes and statutes of this Realme; That no man be hereafter called to make answere, or take SƲCH OATH, or be confined, or otherwise molested, or disquieted, concerning the same, or for refusall thereof. (A fatall blow to all Ex officio oathes and Proceedings, for men to an­swere to Articles, to detect, accu [...]e themselves, or others used by our Prelates & High-Commissioners,) To which the King gave this Royall answer in Parliament; Let right be done as is desired; ad­ding moreover: that his Maxime is; that the peoples Liberty, streng­thens the Kings Prerogative, & that the Kings Prerogative, is to de­fend his peoples Liberties. And I doe here declare, that those things, which have been done, wherby men had some cause to suspect the liberty of the Subjects to be trencht upon, shall not hereafter be drawne [...] example for their prejudice. And in time to come (in the word of a King,) you shall not have the like cause to complaine. The King and Parliament therefore here publikely declaring, resolving that Ex officio Oathes, for men to answer to questions and Ar­ticles to accuse themselves, are not warrantable by the Lawes and statutes of the Realme; but contrary thereto, and to the Subjects Rights and Liberties though warranted by speciall Commissions and in­structions under the great Seale; is a most pregnant resolution, that the High-Commissioners and Bishops Ex officio oathes and Ar­ticles in criminall things, being of the selfe same nature and qua­lity with them, andSee the Petition of greivances th [...]n printed. formerly adjudged to be against the Lawe; the statutes of the Realme, and the Subjects Liberties in the Parlia­ment, of 7. Jacobi, and in the Kings Bench and Common Pleas, as the premises evidence, are directly against the Lawes and Fraunchise of the Land, the Rights and Liberties of the Sub­ject, and that no man ought henceforth to be called before the Pre­lates, High-Commissioners, or any others, to take such oathes, or to be confined, imprisoned, disquieted, or otherwise molested, con­cerning the same, or for refusall thereof; and that their Com­mission to administer such oathes, (made since this Parliamen­tary resolution, and the Kings owne Royall promise in Parlia­ment, [Page 225] even in the word of a King, that they should never hereafter be drawne into example unto his Subjects prejudice, &c.) is in this particular illegall, and meerely voyd in Law, no man being bound by Law to accuse, arraigne, or give in evidence against himselfe upon his oath, in any criminall Ecclesiasticall cause whatsoever by any Law or Statute, either of God or man, as the premises manifest. From all which Statutes, Lawes, Pro­hibitions, and premises, it is apparant.

1. First, That no Ecclesiasticall or temporall Iudge, Arch­bishop, or other Ecclesiasticall person, can prescribe or make any new forme of oath, nor yet impose an oath in any cases, but in such as the Statutes and Common Law of the Realme have allowed, and authorized them to doe it; and that no new forme of oath may or ought to be framed or imposed in any new case, but by speciall Act of Parliament, Yet our Archbishops, Bishops, Archdeacons, and their Officials, like so many Popes or Parliaments, take upon them both to make, print, pro­mulge, and impose new formes of oathes on Churchwardens, Sidemen, and other his Majesties Subjects, in their Visitations and Consistories in their owne names, and by their owne, au­thority; as appeares by all their late printed Visitation Articles, and Consistory proceedings; and that in cases where they have no authority to doe it, either by Statute or Common Law.

2. Secondly, That no Ecclesiasticall Iudge, Archbishop, Archdeacon, Commissioner, or Officiall, hath any power or authority in point of Law, to administer an oath, or compell men to sweare in any criminall Ecclesiasticall cases or matters, within their Jurisdiction, (especially the parties themselves,) but onely in cases of Testaments and Mariage, and that a Pro­hibition, yea an Attachment lyes against them, in case they cite or force any man to take an oath before them in any other cause. Yet all our Ecclesiasticall Iudges, Prelates, Archdeacons, Offi­cials, and High-Commissioners, in contempt of all the premises, [Page 226] dayly administer oathes to his Majesties Subjects, and by Cita­tions, Excommunications, and imprisonments oft times, com­pell them to sweare and take an oath, not onely in causes of Ma­trimony and Testaments, but likewise in criminall, and all other Ecclesiasticall causes, comming before them; and that not one­ly as witnesses, but likewise as informers, to accuse, to detect themselves and others upon captious and ensnaring Articles.

3. Thirdly, That no Ecclesiasticall Iudge, Prelate, Officer, or any other Subject whatsoever, hath any power or lawfull au­thority to administer, or impose an oath upon any Subject, unlesse hee hath an expresse Act of Parliament enabling, or Commission under the great Seale of England, authorizing him to doe it. Yet our Archbishops, Bishops, Archdeacons and other Ecclesiasticall Iudges and officers, without any such spe­ciall Act of Parliament or Commission, presumptuously take upon them to administer oathes to his Majesties Subjects in all cases whatsoever, as their owne fancies and wils direct them; to the great vexation and oppression of the people, the encrease of perjury, rash oathes, and common swearing; the perdition of many soules, and the advauncement of their owne usurped Antichristian Iurisdiction, in prejudice and derogation of his Majesties Ecclesiasticall Prerogative; though no Archbishop or Bishop, could so much as administer the oa [...]h of supremacy, or allegiance to any Minister or person, (though tending to the preservation of his Majesties person, and Prerogative Eccle­siasticall, and the Republikes safety) without a speciall Com­mission under the great Seale, authorizing him, as is evident by the Statutes of 28. H. 8. c. 10. and 1. Eliz. c. 1. till theSee 3 Ia. c. 4. 7. Iac. c. 6 Sta­tute of 8. Eliz. c. 1. enabled them, and others for to doe it, [...] expresse clause without such a speciall Commission. If therefore they could not administer this oath to any without speciall Com­mission, till enabled thereto by Act of Parliament, much lesse can or may they administer any other.

[Page 227]4. Fourthly, That all oathes Ex officio in criminall causes for men to accuse, or detect themselves, are directly contrary to the Lawes, Statutes and Customes of the Realme, and for ever abandoned by the Petition of Right; and that no Prelate, Eccle­siasticall Iudge, or High-Commissioner, may or ought to com­pell, or enforce any man to take such an oath, or excommuni­cate or imprison any man, for refusing to take the same. Yet notwithstanding our Prelates, and High-Commissioners, trampling all the forecited Lawes and Premises under their feet, dayly cite and compell men to take Ex officio oathes, to accuse and betray themselves and others; excommunicating,Witnes the Seperatists and old Mr. Wharton of late impri­soned, onely for this cause, and one Mr. Iones a Mi­nister. yea imprisoning at the first, all such, who out of Law or Conscience re­fuse to take them; to the intollerable oppression, greivance, vexation of his Majesties Subjects, and the infringement of their just, ancient Rights and Liberties.Iohn. 18.19.20.21.22. When our Saviour Christ was convented before the High-Preist, and there asked by him of his Disciples and of his Doctrine; Jesus answered him, I speake openly to the world, I ever taught in the Synagogue, and in the Temple, whither the Jewes allwayes resort, and in secret have I said nothing, why askest thou me? aske them which heard me, what I have said unto them: behold they know what I said. And when hee had thus spoken, one of the officers which stood by, stroke Jesus w [...]th the palme of his hand, saying: Answerest thou the High-Preist so? Jesus answered him, If I have spoken evill, bare witnesse of the evill, but if well, why smitest thou me? If any of Christs Mi­nisters be convented before our Bishops or High-Commissio­ners, concerning his Disciples and Doctrine, and shall answer them as Christ here doth the High-Preist, and in his words, re­fusing to accuse or detect himselfe and them, they are so farre [...]sting satisfied with our Saviours owne, and this their an [...]w [...], as the High-Preist was; that they and their officers will use them, as the High-Preists officers did our Saviour, saying; Answerest thou the High-Preist, Archbishop, Bishops, and High-Commissioners so? and send him forthwith to prison, as obstinate ad seditious persons, and experience dayly testifieth: [Page 228] so farre worse and unreasonable are our Prelates, and High-Commissioners growne, then the Iewish High-Preist, who convented our Saviour; and such a capitall offence is it now a dayes reputed, for Christs faithfull Ministers to follow this their Masters example; in so much, that one wittily make this Quaere o in a printed Booke, dedicated to Queene Eliz. If Christ himselfe were now a live on earth, and convented before our High-Preists and Commissioners, as hee was before the Jewes High-Preist, and there asked by them of his Disciples and Doctrine, and should give them the selfe same answer, as hee did to him; to which of the prisons hee should be committed by them for it. Whether to the Kings Bench, the Clinck, the Fleet, Marshallsey Counter, or Gatehouse? (For to one them hee should surely be sent;) they committing Master Bambridge, Master Johnson, and sundry other Ministers, for giving them the selfe same answere, even in our Saviours words, when they were asked by them, of their Disciples and Doctrine, and refused to take an oath to accuse themselves, as our Saviour here did.

5. Fiftly, That all our Bishops, Archdeacons, and their Deputies, Visitation oathes, are directly unlawfull, against the Lawes, the statutes of the Realme, and Liberties of the Subject, which I would wish, that insolent, audacious Prelate, Doctor Wien, Bishop of Norwich, and his Visitors, to consider; who in his Visitation Articles, printed An. 1636. Ch. 6. Sect. 9. hath inserted this extravagant new Article of Inquiry for Church­wardens, to present any one upon oath: Hath any man, that you know, or have heard of, by speech or writing, or upon the assertion of any other man affirmed, (whether within or without his Dio­cesse it matters not,) That men ought not to take the office, or the oath of a Churchwarden, or of presenting at the Bishops Visitation? Or that the said oath is unlawfully given them: Or that being taken, it is but of course, and bindes them not, nor need to be regarded: Or that (the said oath notwithstanding) it is free for them to make in­quiry, nor to answer, but to doe what they list, and to leave out and [Page 229] passe by whom they will, and what they will in their presentments? Threatning at the end of the Articles, That if (their oath and all his advertisement) notwithstanding any Churchwardens or sworne men, shall follow the customary maner, and be carelesse in inquiring and presenting as they ought, or shall not make a distinct answer to every of his Articles (being in all 139.) and to every thing thereof, as farre as they know, or have heard of any offence; that upon information and proofe otherwise had, they shall be called to answer their will­full perjury, (unjustly occasioned by this willfull Bishop himselfe) in some other course of justice, for neglecting to inquire or present to all the particulars herein proposed: Though these oathes in these ensuing respects, be altogeiher unlawfull, yea ungodly and An­tichristian.

1. First, Because they are neither made nor prescribed by any Act of Parliament, but onely by the Bishops and Prelates themselves, without any lawfull authority.

2. Secondly, Because, they are out of cases of Matrimony and Testament, wherein onely Ecclesiasticall Iudges can admi­nister an oath by the Common and statute Law, and so they have no coulor of Authority or Iurisdiction, to impose and make such oathes, being point blanke against the Lawes, Sta­tutes and Customes of the Land, and forecited Prohibitions.

3. Thirdly, Because they have no Letters Patents, nor Com­mission from his Majesty, under the great Seale, to administer or impose such oathes.

4. Fourthly, Because they administer them in their owne names and right (in which the likewise print and publish them,) not in his Majesties, nor by his authority, contrary to the Sta­tute of 1. Eliz. c. 1. and their oath of supremacy and alle­giance.

[Page 230]5. Fiftly, Because the Articles which they force Church­wardens and others to present upon, by vertue of these Visita­tion oathes, are utterly unlawfull: contrary to the expresse sta­tutes of 25. H. 8. c. 14. 19. 21. 27. H. 8. c. 15. 3. and 4. E. 6. c. 11. 12. 13. Eliz. c. 12. with sundry other statutes, yea con­trary their owne Canons, 1603. Can. 1.2.12. and King James Letter Patents before them; being set forth and published in their owne Right and names alone, without the Kings authori­ty, License, and confirmation under his great Seale, and the As­sent of the Convocation and4. E. 1. c. 5 18. E. 3. c. 2 Stat. 2. H. 4 c. 15. 2. H. 5. c. 7. Ead­merus Hist. Nov. l. 3. p. 67. & Io­annis Seldeni Spicil. Ibid. p. 177. 31. H. 8. c. 14. 32 H. 8. c. 15. 26. 38. 35. H 8 c. 16. 36. E. 3. c. 8. 2. H. 5. Stat. 2. c. 2. Parliament, without which no Articles, Canons or Ecclesiasticall Constitutions can be promul­ged, to binde the Commons and Laity, as these statutes with others resolve.

6. Sixtly, Because these oathes, are directly contrary to the oath of Supremacy and allegiance, tending to erect a usur­ped Ecclesiasticall Iurisdiction, not derived by Letters Patents from his Majesty, nor exercised in his name and Right, or by his Royall authority: and to subject his people thereunto; con­trary to the Statutes of 25. H. 8. c. 14. 19. 20. 21. 26. H. 8. c. 1. 27. H. 8. c. 15. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. to theirCan. 1. & 12. owne Canons, 1603. and contrary to their duty and allegiance to their Soveraigne.

7. Seavently, Because they are contrary to the Canon Law it selfe, and are but late encroachments. The first that ever attempted to administer an oath in Visitations, wasHist. Maj. p. 693. 694 Grosthead, Bishop of Lincolne, An. 1246. before which time Mathew Paris recordes, it was never used here in England; and thereupon a Pro­hibition was directed to the Sheriffe of Hertford, to prohibite all Lay­men to take any such oath, by the King, his Judges and Counsels speciall direction. Whereupon such oathes were never after­wards administred till Bishop Bonners time; the Canonists them­selves resolving, that Visitors ought to visit without administring any oath. HenceSumma Angelic. Tit. Visit. 2. See Gratian. causa 2. qu. 51. Angelus de Clavasio, a famous Ca­nonist, [Page 231] flourishing about the yeare of our Lord 1480. expresly resolves, that Bishops and Visitors in their visitations, ought to in­ [...]ire of those things, which belong to their office, without oath, and [...]action; inducing the people to reforme those things that are amisse, [...]eth by wholsome counsailes, and by gentle perswasions, or reproofes, [...]s they shall thinke meet. And our great English Canonist William Lindewood, about the yeare of our Lord, 1424. (though [...] grand advancer of Episcopall Iurisdiction within this Realme,) determines positively:Provinc. Const. l. 1. De Constitu­tionibus ex­terior habi­tus. Sect. In­quirant. f. 13. a. That Archiepiscopall, Ep [...]scopall, Archidiaconall visitations (which hee calls solemne preparatorie Inquisitions,) are regularly made in generall, ET SINE EXACTIONE IVRAMENTI, and without the exaction of an oath. If this be not sufficient, hee addes more­ [...]ver:De Iurejur. l 2. c. Evenit f. 80. b. That from the beginning, when a generall Inquisition is made in visitations, NON DEBET EXIGI IV­RAMENTVM, no oath ought to be exacted, by which any one may be constrained to detect another mans secret sinne and offence; yet after such time, (CRIMINA SINE IV­RAMENTO RETINENTVR,) [...]at such crimes are presented without oath, to be corrected, the In­quisitor may then exact an oath, (ad praestandum de veri­tate Testimonium,) of witnesses to give testimonie to the truth; but not of Churchwardens, or Sidemen, to present any upon oath. Which joynt resolution both of Angelus De Clavasi [...], and Lindewoode, not very many yeares before Bonners visitation, [...]re not onely an unanswerable evidence, that visitation oathes, and Articles of Inquire and presentments upon oath, are direct­ [...]y unlawfull, as well by the Canon, as the Common Law; but like­wise a grant Argument to manifest, that the Popish Hellhound, Bishop Fox Acts & Monum. p. 1338. Bonner, was the first that used, or imposed any such Oathes and Article [...], these Canonists not long before conclu­ding them unlawfull in point of Law, and unusuall in point of practise, as the first words of Lindewood, (solemne preparatorie Inquisitions, are regularly made in generall, and without the exaction [Page 232] of an oath) insinuate. In all theSee Fox Acts and Monuments p. 999. 1000. 1001. 1181. 1182. Queen Eliz. Injunctions, with Articles to be inqui­red of in the first yeare of her raigne, printed Cum Privilegio, An. 1559. Articles of Inquiry and In­junctions, published by King Henry the eight, King Edward the 6. or Queene Elizabeth, and given in charge by their Visitors in their generall visitations, I finde no forme, nor mention of any oath, ad­ministred to Churchwardens, or any other, as there is in all Arch­bishops, Bishops, and Archdeacons Articles of inquiry, late­ly printed: therefore questionlesse they administred no oath, though they visited by Commission from the King himselfe. How then dare they now to enjoyne and make such Visitation oathes as they doe, when as the Kings owne immediate Visitor did it not? In all the36. H. 8. pars 13. the Patent to Robert, Archbishop of Yorke. 5. Edw 6. pars 1. the Patents to Ponet, Scory, and Cover­dale, with others. Licenses and Letters Patents made to Archbishops, Bishops, and others by King Henry the 8. or King Edward the 6. authorizing them to keepe Consistories and Visita­tions, and Inquiry of all Ecclesiasticall offences, there is no word or intimation that they should doe it upon oath, nor any Commission given them to make, or administer oathes to any.

Therefore no doubt their visitation Inquiries were without oath, else they would have had some clause or other in their Patents to inquire upon oath. In theFox Acts & Monum. p. Articles of Cardinall Poole, in Queene Maries dayes, for his Archiepiscopall Visitation, there is no mention of any oath to be administred to Churchwardens, Questmen or Sidemen. In the Canons made in Convocation, and prin­ted 1571. there is not one word of an oath, nor any form of oath, prescribed for Churchwardens, or any others to take, or Bishops to administer: Yea in the Booke of Canons, made in Convoca­tion, An. 1603. there is no forme of oath prescribed, inserted, nor constituted for Churchwardens, Questmen, or Sidemen to take before their presentments; and the 113. and 114. Ca­nons ordaine, that Ministers may present offences without oath; why not Churchwardens then as well as they? TheFox Acts & Monuments p. 1338. first man I reade of, who administred an oath of Inquirie in any Visita­tion kept in England, was that bloody butcher of Gods Saints, and Antichristian bandogge, Edmond Bonner, Bishop of London; wh [...] upon the eight day of September An. Dom. 1554. upon the com­ming in of Queene Mary, began his Episcopali Visitation, and [Page 233] therein charged 6. men in every parish, to inquire, according to their oathes, (which hee had purposely framed and administred to them,) and to present before him, the day after Sant Matthewes being the 23. of September, all such persons, as either had or should offend in any of his Articles, which hee had set forth to the number of 37. (the first Articles, that ever any Bishop durst set forth in England, Antiquit. Eccles. Brit. p. 334. 335. except 5. Articles, published at Paulus Crosse by Archbishop Bourgchiers commaund, An. 1455. to be inquired of in his Archiepiscopall visitation, but not upon oath, for ought appeares.) Never did any English Bishop, that I read of, administer any oath of inquiry before this bloodsucker Bonner; a fit Author for such an Antichristian Romish innovation; not seconded (for ought I finde,) till Archbishop Bancroft his Metropoliticall visitation, who Anno 1604. published visitation Articles in print, to be inquired of upon oath; whose footsteps our Archbishops and Bishops since have followed, yea andSee this Oath before Dr. Pashes visitation Articles, a very large, strict and strange one. Archdeacons too, who now both make and print oathes and Articles usually in their owne names, to be taken and inquired of in their visitations every yeare without feare or shame, (though they incurre thereby 25. H. 8. c. 19. 21. 1. E. 6. c. 2. 3. and 4. E. 6. c. 11. a Praemunire,) as if each of them were a King and Parliament, to make and prescribe what oathes and Lawes they pleased, in contempt and Derogation of the Kings Crowne and Dignity, and of the Lawes, the customes of the Realme, which prescribe or warrant no such oathes or Articles; as the Prohibition formerly mentioned, and the Petition of Right expressely resolve.

8. Eightly, These visitation oathes are unlawfull, because they make a direct Alteration of the Common Law, in enfor­cing an oath on the Subjects in such cases, where the Law saith, they ought not to take an oath, and so bring in a bondage both upon their Consciences and persons, binding their soules over to damnation by reason of the sinne of perjury, and their per­sons to infamie, Ecclesiasticall Censures, mulcts, excommu­nications, and by consequence, to imprisonment upon a Ca­pias [Page 234] Excommunicatum, contrary to the expresse Statute o [...] Magna Charta, c. 29. That no man shall be taken, imprisoned or any way outlawed, or destoyed, but by the Lawfull Ju [...]gement of his Peeres, and by the Law, (that is, the Common and Statu [...] Law) of the Land: Now11 H. 4. 37 Brooke Praemunire, 14 25. H. 8. c. 14. 19 21. 27. H. 8 c 15. 35. H 8 c. 16. 20. H. 3. c. 9. 3. & 4. Ed. 6. c. 11. 6. H 7. c. 4. 10. H. 7. 23. a. neither the King himselfe, nor th [...] Pope, nor the Archbishops, Bishops and Clergy in Convocation nor yet the King and they together, (much lesse then every Archbishop, Bishop, or Archdeacon in their severall visitations, can alter the Common Law, or deprive the people, either of the Liberty of their Consciences or persons, or make that an offence of an high nature, which by the Law before was none: (All or eithe [...] of which a20. H. 3. c. 9. 25. H. 8. c. 14. 21. The Petition of Right, 3. Caroli. Parliament onely is able to doe, by a generall unanimous consent both of the King and Realme,) Therefore they ca [...] neither make nor impose any oath in their visitations, this being the true ground, why Register, part. 2. f 36. b. Fitz. Nat. Bre. f. 41. a. Rastall A­bridgment of Statutes, Prohibit. 5. a Prohibition lies at Common Law, to inhibit all such oathes.

9. Ninthly, Because such oathes are directly contrary to the ancient Rights and hereditary liberties of the Subject, as i [...] resolved in the Petition of Right that all oathes are, which are n [...] warranted by the Lawes and Statutes of the Realme; (which Rights and Liberties every goodGal. 4.31. and c. 5.1. 1. Kings, 21.2.3. Subject is bound in Conscience to maintaine against all unjust encroachments,) and because they tend to the erection and supportation of an Antichristia [...] Episcopall tyranny over the very consciences and soules of men [...] not warranted, but directly oppugned, both by the Lawes o [...] God, and the Realme, and to bringing in of such a meere arbi­trary Hierarchicall domineering power, as will makeSee Rode­ricke Mors his complaint to the Par­liament. ch. 23. 24. every Bishop an absolute Pope, and as much, as a King and Parliament, to enact, what Articles hee will; and doe what hee list of hi [...] owne head, without consent, either of King and Parliament [...] For these oathes are onely for the maintenance and executin [...] of those Articles, which the Bishops and their officers set o [...] and print in their owne names, by their owne bare authority contrary to the Lawes and Statutes of the Realme, the King [Page 235] Supremacy and Subjects Liberties; devised of purpose to in­ [...]hrall and captivate both Churchwardens, Sidemen, and all other his Majesties Subjects under them; to bring the whole Realme into a meere servitude and vasallage, to every Bishops [...]leasure; to bring in what Ceremonies, Religion, Rites, or In­ [...]ovations soever they list without opposition, and enforce all to submit unto them, though directly contrary to Gods word, the Doctrine established in our Church, and the Statutes of the Realme. Now what good Subject or Christian, in point of Conscience can submit to oathes devised and pressed for such dangerous purposes, or directly tending to the introducing and propagating of such an exorbitant Episcopall tyranny?

10. Tenthly, Because these oathes are directly against the [...]ery 1. Cor. 13.4.5.6.7. Ephes 4.31 32. c. 5.1.2 15. Rom. 1.29.30.31. Phil. 4.8. Iam. 3.10. to 18. c. 4.11.12. Gal. 5.13.14.15.20. c. 6.1.2. 1. Pet 1.22 c. 2.1.2 12 15.16.17. 2 Tim 3.1.2.3.4.5. Col. 2.12.13.14.15. 1. Pet. 4.8. Rules of charity and law of God; especially as they are now [...]sed: For the Articles, which are now adayes exhibited to Churchwardens and Sidemen to present on, by vertue of their oathes, without any favour, affection, or partiality to any per­son, whatsoever that is within their dangers, are meere Psal 1 19 110. Psal. 140.5. and 141.9. and 142.3. and 38.12. and 64.5. Ier. 5 16. c. 18.22. Ps. 10.9. Hab. 1. c. 15. Mar. 12.13. Luke. 11.54. snares: and trappes, to intangle all good Ministers and people; and bring them into trouble in the Bishops Consistories, even for their conscionable and faithfull discharge of their severall ministeriall, or Christian duties, and their opposing, or not using of those Popish Superstitions, Ceremonies, Rites, Innovations, or Romish Arminian Doctrines, which they canno [...] submit to, use, or not oppose, even in point of Conscience; as their severall late Articles publikely man fest. Now what good Christian can, or dares take an oath, to present (upon such wicked Ar­ticles as now are usually published, his owne faithfull, painefull, conscionable Minister, his godly Christian Neighbours, kindred, brethren, freinds, that are most neerely lincked to him, to draw them into trouble, either to the losse of liberty, living, goods, [Page 236] (yea all of them oft times,) and that onely for their well doing, at least for that, which is not apparently evill? Is this Christiani­ty? Is this charity? Is this Religion? or rather the very full­filling of our Saviours praediction, Matth. 10.17.21. But beware of men, for they will deliver you up to the Councels, and they will scourge you in their Synagogues: and the Brother shall deliver up the brother, and the Father the childe, and the children shall rise up against their parents: Luke 21.16. And ye shall be betrayed both by pa­rents and Brethren, and kinsfolke and freinds? Certainely the Godly Martyrs of old would never have taken such an oath, nor presented on such Inquisition Articles as these: For as they ge­nerally Fox Acts and Monum. p. 951. 956 957. 960. and other places fore­quoted. refused and declaimed against the oath and proceedings, Ex officio, to accuse and detect themselves, administred to them, by tyrannicall and bloodthirsty Popish Prelates, as Antichristian and illegall; so they utterly denied to accuse, detect, present, or in­forme against any of their Christian Brethren and Ministets unto the Bishops and their officers, as a worke more proper for the Devill, (the accuser of the Brethren, Rev. 12.10.) then them­selves, whose office they would not usurpe. Hence our wor­thy Martyr,Fox Acts & Monum. p. 487. 488 See 495. 496. to like purpose. William Thorpe, being examined before Thomas Arundell, Archbishop of Canterbury, An. 1407. refused, first of all to sweare by, or on a Booke, or to take an oath, before hee was in­formed what it was, hee should sweare to. And the Archbishop requiring him to sweare in all Diocesse where he came, to forsake and oppose the Sect of the Lollards, and to publish them and their names, and make them knowne to the Bishop of the Dioces, or his Ministers, (the very oath in effect, that Churchwardens now take,) hee hearing these words thought in himselfe, that this was an unlawfull asking, and deemed himselfe cursed of God, if hee con­sented hereto; and then spake thus to the Archbishop: Sir, if I con­sented to you thus, as yee have here before rehearsed to me, I should become an appealer, or every Bishops espie, sent over all England. For, and I should thus put up, and publish the names of men and women, I should herein deceive full many persons; yea Sir, as it is likely by the doome of my conscience, I should herein be the cause of [Page 237] the death both of men and women, yea both bodily and ghostly. For many men and women, that stand now in the way of Salvation, if I should for the learning & reading of their beleife, publish them there­fore up to the Bishops, or to their unpiteous M [...]nisters, I know some deale by experience, that they should be so distroubled, and diseased with persecution, or otherwise, that many of them (I thinke) would rather chuse to forsake the way of truth, then to be travailed, scorned, slaundered, or punished, as Bishops and their Ministers now use, for to constraine men and women, to consent to them. But I finde in Let Churchwar­dens & Side­men, who take an oath to present their godly Ministers & Christian Brethren upon Bishops illegall Visi­tation Ar­ticles, consi­der this well. no place of holy Scripture, that the office that yee would now enfeoffe me with, accordeth to any Preist of Christs Sect, nor to any other Christian man: and therefore to doe this, were to me a full noyous bond, to be bonden with and over-greivous charge. For I sup­pose, that if I thus did, many men and women would, yea Sir, might justly to my confusion say to me, that I were a Traytor to God and to them: since (as I thinke in mine heart,) many men and women trust so mikle in my cause, that I would not for saving of my life, doe thus to them. For if I thus should doe, full many men and women would (as they might full truly) say, that I had falsely, and cowarly forsaken the truth, and slaundered shamefully the word of God. For if I consented to you to doe here, after your will, for boncheife, or mis­cheife, that may befall me in this life, I deeme in my conscience, that I were worthy herefore to be cursed of God, and also of all his Saints: for which inconvenience, keep me and all Christian people, almighty God, now and ever for his holy name. SoFox Acts & Monum. p. 1872. John Lithall, An. 1558. being questioned before the Chauncellor both concerning himselfe, and some others, that hee knew; answered, If you have any thing to lay to my charge I will answer it; but I will have no other mans blood upon my head: refusing to accuse or detect any other. Hence also our famous MartyrFox Acts & Monum, p. 1023. 1024. John Lambert, being pressed upon his oath, to detect his fellowes, that adhered and resorted to him, denied that hee knew any such ad [...] ents in the matters objected to him: But though I did, (saith hee) I would not, (except I knew that charity so required, which I doe not finde yet hitherto) detect, or betray any [...]ne of them, for no mans pleasure. SoFox Acts & Monuments p. 1108. 1109. John Warbecke, Mar­tyr, [Page 238] being both by threats and allurements oft times urged to detect his other Christian Companions and their secrets to the Bishop of Win­chester, absolutely refused to discover or accuse any of them, though hee might thereby have procured his liberty and saved his life, in so­much, that Winchester said thus to his men, when hee came from Masse: This is a marvelous Sect, for the Devill cannot make one of them to betray another. SoFox Acts & Monuments p. 1646. 1651. 1660. Master Philpots fellow pri­soners, refused to sweare or give any testimony at all against him, neither would they accuse themselves upon Articles Ex officio, ten­dred them to answere to upon oath: Neither would Master Philpot himselfe discover his freind, that wrote a Letter to him, which came to the Bishops hands, though hee were urged to doe it, telling the Bishops, that they should never know of him who wrote it; neither would hee answere upon oath, to the articles Ex officio administred to him, to entrap him. SoFox Acts & Monuments p. 1843. 1844. 1845. Cuthbert Simpson, Martyr, Deacon of the Christian Congregation in London, though tortured and racked in the Tower, in a most cruell barbarous maner, would not discover any of those that came to the English Service: And being after articled against, so being at assem­blies and conventicles, where a multitude gathered together, to heare the English Service, and receave the Sacraments, and to discover, whether hee did not read service there, & app [...]oove those things. Hee answered to this, that hee was not bound to answer to this article as hee beleived. If these Martyrs seeme factious and Puritannicall to our Prelates, I shall desire them to remember, that Master Hutchinson in his booke, intituled The Image of God, printed Cum privilegio, 1552. f. 40. recordes out of other Histories, That one Firmius, Bishop of Tagusta, when the Emperor sent his Officers, to search after a certaine Christian man, whom hee had hidden; hee being inquired for him, said, hee would not deny, but that hee had hidden him, because of lying; but that hee would never betray him; for which answer hee was greivously pained and to tu­red: but no paine could cause him to disclose where the man was. Whereupon the Emperor marvelling at his stedfastnes and fidelity, delivered him: whose fact hee highly magnified. Moreover this [Page 239] hath beene not onely the constant practise, but likewise the Doctrine of our Martyrs, that one Christian ought not to accuse, detect or betray another, unlesse it be for some notorious Error, crime, Heresie, vice, or capitall offence, which is In his Workes. f. 172. b. 179. b. Master Tindals ex­presse Doctrine, andPage, 481. 482. 539. 951. 956. 957. 960. 1006. 1022. 1023. 1108. 1109. 1125. 1164. 1179. 750 751. 753. 754. to 764 1224. 335 1382. 1643. 1646. 1651. 1660. 1777. 1778. 1792. 1796. 1813. 1814. 1815. 1843. 1844. 1872. 1873. 1934. Master John Fox his assertion too, in sun­dry places of his Acts and Monuments; yea theGratian. Caus. 16. Quest. 5. c. Non frustra. Cauf. 22. Quest. 4. Summa Angel. Accusation. 4. Iuramentum 3. Sect. 7. & 5. Sect. 7.23. Canonists themselves affirme upon record, that no man ought to be compelled to accuse another, nor yet to take any oath, to that end or any other, un­lesse it be for the publike good in lawfull causes, the advancement of Gods glory, his owne, or his neighbours benefit, and that all oathes tending to the praejudice or corporall hurt of himselfe or his neighbour, or against any positive, or publike lawes, are unlawfull, and no wayes binding, yea utterly to be refused. And Pope Cornelius him­selfe confesseth, Nos Sacramentum ab Episcopis nesci­mus oblatum, NEC VNQVAM FIERI DEBET, NISI PRO RECTA FI­DE: & Sacramenta incanta fieri prohibemus, Wee never knew any oath administred by Bishops, neither ought it to be administred, but onely for the right faith, in point of purgation, when one is publikely accused, or Haeresie; and wee prohibit incon­siderate oathes (as all visitation and Ex officio oathes are) to be made or administred: Which Decree of his, (insertedCausa 2. Quest. 5. by Gratian, into the body of the Canon Law,) utterly subverts all visitation oathes, which antecede all accusations, and are not made or given in cases of purgation, concerning the orthodox faith. These visitation oathes, therefore being thus directly contrary to the positive Lawes and Statutes of the Realme, the publike good of Religion; the Rules of Christian charity, and purposely to ensnare men in the Bishops traps, for the advaun­cing [Page 240] of their owne usurped Antichristian Iurisdiction, and of such ill beginning and dangerous consequence, no good Christian, or Subject, can or ought to take them, but utterly to withstand and refuse them as illegall, in all these respects, as they were ad­judged in Master Whartons case, by Sir Edward Cooke, and all the Judges of the Kings Bench, in the third yeare of King James: who being Churchwarden of Blackefriers Church in London, and excom­municated, and imprisoned upon a capias excommunicatum, for refusing to take an oath, to present upon visitation articles, was upon a Habeas Corpus brought by him, discharged by the whole Court, both from his imprisonment and excommunication: because the oath and articles were against the Lawes and Statutes of the Realme, and so might and ought to be refused: Which oath now com­monly runnes in this forme:See Bishop Laudes, Bp. Moun­tagues, Bp. Wrens, and other Bishops & Archdeacons visitation Articles. You shall sweare that you and every of you, shall duly consider, and diligently inquire of all and every of these articles given you in charge: and that all affection, fa­vour, hatred, hope of reward and gaine, or feare of displeasure or malice set a side, you shall present all and every such person, that now is, or of late was within your Parish, or hath committed any offence, or made any default, mentioned in or any of these articles, or which are This clause was not in their oathes, till now of late. vehemently suspected, or defamed of any such offence or default, wherein you shall deale uprightly and fully, neither pre­senting nor sparing to present any, contrary to truth, having in this Action Had they God before their eyes, they durst not take such an Oath, as this to bring Custome to the Prelates will, and ensnare their godly brethren with their owne Soules and Consciences. God before your eyes, with an earnest Seale to maintaine, truth and to suppresse vice. So helpe you God and the holy contents of this Booke.

11. Finally, These visitation oathes, ought utterly to be abandoned, because they are an ordinary occasion of very much perjury; there being scarce one man that takes them, that either can or doth sincerely and fully di charge them, the Articles and [Page 241] severall clauses of them, being so various for matter, so nume­rous for multitude, so opposite to Law, and the Oath of Alle­giance, as appeares by Bishop Wrens late Articles. As therefore the Fathers and others upon Matthew and James the 5. with some of our owneFox Acts & Monuments p. 495. 460 461. Martyrs generally condemne all Booke Oathes, with the enforcing of men to sweare, unlesse in cases of great moment and absolute necessity, to avoyd the danger of perjury, both in the swearers, compellers, and officers that give the Oath, asBibliothecae Sanctae. l. 6. Annot. 26.7.433.434.435. Six­tus Senensis, hath largely manifested out of the Fathers owne words: And as the second Synod of Cabilonium, under Charles the Great, An. 813. c. 13.14.18. inhibits men to be constrained to take an oath in causes of Tithes, by reason of the danger of perjury, in these ensuing words: Qui vero decimas post crebras admonitiones & praedicationes sacerdotum dare ne­glexerint, excommunicentur; IVRAMENTO VERO EOS CONSTRINGI NOLV­MVS PROPTER PERICVLVM PERIVRII: and likewise prohibits Ministers to take, and Bishops to give any oath of Canonicall obedience for the same reason, in these termes: Dictum est intereà de qui­busdam fratribus, quòd eos, quos ordinaturi sunt, ju­rare cogant quod digni sint, & contra Canones non sint facturi, & obedientes sint Episcopis, qui eos or­dinat, & Ecclesiae in qua ordinantur, QUOD IVRAMENTVM, QUIA PERICV­LOSVM EST, OMNES UNA IN­HIBENDVM STATVIMVS. Though both these oathes tend to the advauncement of the Bishops Iurisdiction and profit. So by the selfesame reason, these visitation oathes must needs be concluded to be unlawfull, intollerable, (and those Ex officio too, in which men are over prone, rather to perjure then betray themselves,) because they are the occasion, not onely of much, rash, and inconsiderate [Page 242] swearing, but of much perjury likewise,Hosea 42.3. which makes the whole land to mourne, and precipitates many into hell, who might have lawfully and with much comfort have refused them, as contra­ry both to the Lawes of God and man.

To mention all the particular encroachments of the Pre­lates upon the Subjects Liberties, besides those here forecited, were an endles worke; requiring rather many folio volumes to comprise them, then a breife Epitome, unable to containe them, wherefore pretermitting them till some fitter occasion, I shall close up this Breviate, with a summary relation of tho [...]e penalties, which our Prelates and their Officers have incurred by them, not so much in respect of the particular persons, they have injured and oppressed; who may right themselves by Pro­hibitions, Actions of the case, False imprisonments, and Indite­ments, according to their severall cases, even at the Common-Law; as in regard of his Majesty, whom they have most injured and affronted, who may justly proceed against them for these their exorbitances and encroachments, either by Indictements in the Kings Bench, or by Informations in the Starchamber, or by Attachments of their bodies, and seisure of their temporalties, or else by a Praemunire, the most proper remedy, as the ensuing Presi­dents and Law cases will demonstrate. InSee likewise 22. H. 8. c. 15. 3. & 4 E. 6. c. 11. 1. Eliz. c. 1. 5. [...]liz. c. 1. 27 Eliz c. 2 23 Eliz. c. 1 & Fitz. & Brooke. Tit. Praemunire. Rastals Abridge­ment of statutes, Title Provision and Praemunire, wee may see, as in a Mapp, how all those who shall purchase Provisions or Bulls from Rome, or derive any Ecclesiasticall er temporall Authority thence, or shall exercise any Ecclesiasticall Jurisdiction, or Autho­rity hy his owne inherent, or usurped power, or by any forraigne or domestique Ecclesiasticall authority, not derived from the King, by Letters Patents, or sue any man for temporall things, determinable in the Kings temporall Courts, before any ordinary or spirituall Judge, or attempt any thing meerely against the Kings Crowne, and regality used and approoved in the time of his progenitors, shall or ought by Law, to incurre a Praemunire, for all and every of these misde­meanors, as the severall Acts there cited, proove at large. [Page 243] Which our Law Bookes thus second: In 5. Ed. 4. 6. Fitz. Prae­munire 5. and Br. 12. Cromptons Jurisdiction of Courts, f. 97. a. it is agreed, that if a man be sued and excommunicated in the Bishops Court, for a thing which appertaines to the Common Law, that a Praemunire lieth: for the words of the statute of Praemunire are, If any sue in the Court of Rome, or ELSEWHERE, which is intended in the Bishops Court; and so saith Fitzherbert, it was then adjudged, as also Pasche, 11. H. 7. which himselfe heard and observed. So Sant Germin, in his Booke called Doctor and Stu­dent, l. 2. c. 24. 32. f. 106. 119. and Br. Praemunire, 16. accord; That if any man sue for a Lay thing in the spirituall Court, which belongs not to Ecclesiasticall Jurisdiction; as for debt against executors on a simple case, especially if hee be excommunicated, may sue a Praemunire facias, as well against the party that sued him, as against the Judge, and hee ought to be assoyled gratis, 21. E. 3. 60. a. Cromptons Jurisdiction of Courts, f. 97. a. and Br. Praemunire 21. If a Bishop visits or intermedle with a donative, which is a Lay thing, (as the Archbishop would now visit the Colledges of Cambridge, all of them Lay things and corpora­tions, many of them of the Kings ancesters Royall foundation, and Register, pars 2. f. 40 b Cookes In­stit f. 344. a. 25. H. 8. c. 21. so exempt from Archiepiscopall, as well as Episcopall visita­tation, and the residue having their peculiar Visitors, appointed by their Founders, by the Kings ancestors speciall license, and so not to be visited by any other,) hee incurres a Praemunire by it; as did Barlo, Bishop of Bath, and Welles in the time of King Ed­ward the 6. for visiting the Deane and Chapter of Welles, and de­priving the Deane; and William Bateman, Bishop of Norwich, for visiting the Abathie of Sant Edmonds Bury, Ioannes Anglicus Hist. Avi [...]e. c 49. & Ca­tal. Cauncel­larior. &c. in Academia Cant. Aula Trinitat. for which temporalties were seised into the Kings hands, and hee fined 30. talents of gold to the King, amounting to no lesse then three thousand poundes: And the Archbishop of Canterbury questionlesse hath done now by visiting sundry Donatives and Peculiars, as Archbishop of Can­terbury onely, not as the Kings Visitor, Anno 44. Edw. 3. 36. Br. Praemunire, 5. If a Vicar leave his Vicaridge, for yeares or life rendring rent, and sue in the Ecclesiasticall Court for the rent, a [Page 144] Praemunire lyeth, because the rent reserved is a Lay thing: So 10. H. 7. 9. Fitz. Imprisonment, 28. The Bishop of Durham, punished his Clerkes in a Praemunire, for suffering a man, to sue in his spirituall Court for temporall causes. In 7. H. 8. Keilway, 183. 184. Doctor Standish was cited and convented before the Convo­cation for affirming, that the exemption of Clergy men from tem­porall Jurisdiction was not De Iure Divino;See 25. H. 8. c. 14. 22. E. 4. c. 5. 36 E. 3. c. 8. ac­cordingly. that positive Eccle­siasticall Lawes and Constitutions bound none but those, who volun­tarily received them: that the studie of the Note this. Canon Law was to be rejected, because it controlles Divinity it selfe, whose hand-maid it is. That Laymen might without sinne punish any Clergy men, by reason of the negligence of the Prelates; and that so litle of the vo­lume of the Decrees did bind Christians, and no more then one might hold in his fist, upon this Citation, all the Judges of England, the Kings Councell; spirituall and temporall, and divers of the Parlia­liament met together at Black friers: where after full debate of the cause on both sides, they all joyntly and fully resolved, that all those of the Convocation, who had their handes in a warding the said Cita­tion against Doctor Standish, for maintaining the Kings temporall Jurisdiction, wherein the case of a Praemunire facias: Anno 1514. Richard Halls Chro. f. 50. Keil­way. f. 182. a. Fox Acts & Monuments p. 737. 738 Hunne, a Marchant-Tayler in London, by the advise of his learned Councell at Law, pursued a Praemunire facias against Thomas Drifeild, Clerke, person of Sant Mary Matsilon, for suing him in the spirituall Court, for his childs Bearing-sheet as due unto him for a Mortuaris, and likewise against all his ayders, proctors, councellors and abbetters; which when the rest of the Preistly order heard of, they greatly disdaining, that a Lay-man should enterprize such a matter against any of them: and fearing also, that if they now should suffer this Preist to be condemned at the suit of Hunne, there would be thereby ever after a Liberty opened to all others; and that this might proove a fatall blow unto them; to prevent this eminent danger, they mali­ciously accuse this Hunne, unto Richard Fitz James, Bishop of Lon­don, who to satisfie the revengefull bloody affection of his Chaplaines convented him to the Lollards Tower at Paules, where by Doctor [Page 245] Horsies the Bishops Chauncellours, and other his adversaries pro­curement, hee was cruelly murthered and strangled to death, the storie, carriage, and proofes, of which barbarous murther are at large recorded by Master Fox. Halls Chro. f. 184. 190. 195. Fox Acts and Monuments p. 959. Anno 21. H. 8. Cardinall Woolsey, in the ruffe of his pride and power, was upon the complaint of the Lords attainted in a Praemunire, for exercising Ecclesiasticall Jurisdiction by a power Legantyne, not by a power derived from the King: and for causing the Cardinalls Hat to be put on the Kings coyne: whereby hee forfaited all his lands, tenements, goods, and chattels to the King, and was thrust out of his office of Lord Chaunsellour, and out of Court and favour to his ruine. And the whole Clergy, with all the Prelates, spirituall Judges, Vicars ge­nerall, Chauncellours, Commissaries, Officialls, Rurall Deanes, and all other their Ministers, who ever supported and maintained his power Legantine, were likewise every one of them in a Praemunire, for consenting and submitting thereunto; whereupon the spirituall Lords were called into the Kings Bench, to answer thereunto: but before their day of appearance, they in their Convocation concluded an humble submission in writing, and offered the King an hundred thousand pounds to be their good Lord, and also to give them a pardon of all offences, touching the Praemunire by Act of Parliament; the which offer with much labour was accepted, and their pardon promised: In this submission the Clergy called the King supreme head of the Church of England; which thing they never confessed be­fore. Ʋpon this their submission, and the grant of an Master Fox saith 118840. p. hun­dred thousand poundes to the King, to purchase their pardon, their pardon was granted them in Parliament, as the statute of 22. H. 8. c. 15. declares.

Our Prelates and Officials now exercise an Ecclesiasticall Jurisdiction, if not by a power Legantine, yet at least by a usurped authority of their owne, in their owne names and rights, without any Patent or Commission from the King un­der the great Seale, and they stamp and coyne the Kings Eccle­siasticall proces, (as much his by Law as his coyne,) with their owne names and Seales too, having commonly a Bishops Miter [Page 246] in or over them (a greater offence then the Cardinals stamping onely his Cardinals cap on the Kings coyne,) and all the Clergy of England have submitted to this their power, proces, procee­dings, and many Laymen too. Why then all our Prelates and their Officers should not now be attainted in a Praemunire, for these their intollerable insolencyes, and proceedings, to the losse of their Bishoprickes, lands, goods, chatles, liberties? and why all those Clergymen and others, who have willingly sub­mitted to, and maintained this their usurped Iurisdiction and Proceedings without resistance, should not likewise redeeme their exemption from a Praemunire, at treeble the rate that these Clergymen did, (their livings being treeble theirs in value?) I see no cause in Law, Iustice, or Conscience, Hill. 25. H. 8. Coram Rege, Rot. 15. Richard Nyx, the blinde Bishop of Norwich, was attained in a Praemunire, and judgement given against him, that hee should be out of the Kings protection, and his tenements, goods, and chatles, forfaited to the King, and his body taken and imprisoned, during the Kings pleasure, for citing Richard Cokerall, Major of Thetford, and Robert Fykes, and William Huet of the same Towne, to appeare before him in his Consistory, to answer to some Articles, concerning the meere Salvation, & Reformation of their Soules; and enjoyning them under paine of Excommunica­tion, to call before them a Jury, which had presented before them a Custome of the said Towne; That the Tenants of the King, and of the Duke of Lancaster inhabiting within the same; by an ancient custome time out of minde, should not be drawen into any Court Christian, for any spirituall cause, but onely for the Deane of Thetford; and that if any person should prosecute any of them, or serve them with any Citation out of any other spirituall Court, hee should forfaite 6. s. 8. d. for the same, and to cause them to revoke, and disanull this pre­sentement in open Court, to the manifest contempt of the King and his Lawes, and the derogation of the Jurisdiction, and prerogative of his Royall Crowne, in intermedling both with persons exempt, and for things done legally before them in a temporall Court. This Bishop was likewise fined for this his contempt, and the Glasse [Page 247] windowes of Kings Colledge Chapple in Cambridge, (as Catalogus Cancellariorum, &c. in Academia Cantuariensi, Collegium Regis testifieth) glased with this his fine. Not long after this Trin. 36. H. 8. Rot. 9. William Whorewood, the Kings Atturney, ex­hibited a Bill of Praemunire, against Arthur Bulkley, Bishop of Bangor, and John Lewes, alias Vaugham, Vicar of Llan-Geyn-wyn, and Llandgaffe, who were both attainted in the same Praemunire, and like Judgement given against them, as against Bishop Nix. The case, as it appeares by the record it selfe, was this; King Henry the eight, being Patron of the Parish Church of Llan-Geynwyn, and Llandgaffe, in the County of Anglice, the 10. day of Iuly, in the 34. yeare of his raigne, presented one John Gwynoth Clerke, being his Chaplaine, thereunto; who after his institution and induction sold unto Reeswyn, Peter Could and others of the said Parish, the 23. day of July in the foresaid yeare, divers parcels of Tithes after they were severed from the ninth part for 21. p. to be payed upon their severall bands at a certaine day: and albeit, (so runne the words of the said Bill of Praemunire.) all Plees of Debt; Quare im­pedit, and of Trespasse for taking away of Tithes severall, from the ninth part, Quare non admissit, Quare imcum­bravit; and of Right of the Advowsons of Churches, and the Conuzans of all such plees happening within the Realme of England, belong to our Soveraigne Lord the King, his Imperiall Crowne and dignity, and not to the Roman, or any other Court Christian, or to any Prelate or Ecclesiasticall person, and ought to be examined, tried, and judged in the Court of our Lord the King, and not in any Court Christian by the Lawes and Statutes of this Realme, albeit such Actions have beene often and unjustly impetrayted and prose­cuted in the Courts Christians, within this Realme of England, by the Popes Law, and some other Constitutions, Ordinances and Ca­nons, Provinciall, or Synodall, formerly made and provided in the times op the Bishop of Rome, and by the Ecclesiasticall Court, with­in this Realme of England; not onely prejudiciall to the Imperiall and Royall Prerogative of our Lord the King, and repugnant to the foresaid Lawes and Statutes; but likewise very burthensome and de­rogatory [Page 248] to the King and his Subjects, and contrary to the Statutes of our foresaid Lord the King, and of his Kingdome of England an­ciently claimed, used and usurped, in derogation and prejudice of the Lord our King and other his Royall Progenitors. Yet not­withstanding the said Arthur, Bishop of Bangor, not ignorant of the premises, and indeavouring not onely to deprive our present Lord the King, his Crowne and dignity, of his foresaid Imperiall Juris­diction, and to subvert and utterly overturne the foresaid laudable Lawes and statutes; but likewise to extoll, maintaine, support, and promote the said ancient usurped Jurisdictions, and famed power of the Bishop of Rome, and of his See, and of the Ecclesiasticall Court: and craftily to deprive, deceave, and injure the said John Gwynoth of the Rectory of the said Church, of his said summe of 21. p. and other the premises, and alleadging that the Patronadge and profits of the said Church did belong to him, and not to the King, nor to the said John Gwynoth, the 30. day of July, in the foresaid yeare, did draw the foresaid right and Patronadge, Debt, and suite of Tithes, before him into his Court Christian, being within his Diocesse, and did likewise grant out a proces of Excommunication, written and sealed with his ordinary Seale, and directed and caused the same to be delivered unto the foresaid John Lewes, alias Vaughan Clerke, Vicar of the said Parish, commaunding him by the said Proces open­ly and publikely in the presence of the parishioners of the said Parish, and of others, to excommunicate the said Reesewyn, Peter Could, and others, and to exclude them from all Tithes and Services, and to renounce them from the said parish Church; contrary to the due alle­giance of the said Bishop; and contrary to the Imperiall Crowne and Dignity of the said Lord the King, and contrary to the forme of the foresaid Lawes and statutes. By pretext of which proces the fore­said John Lewes no wayes fearing the said statutes and Lawes, but ayding and asseting the said Arthur, Bishop of Bangor, in his fore­said offences, and in the execution of his said unjust and execrable proces on the 6. day of August, being the Lords day, the said 34. yeare in the Parish Church of Llan-Gwin and Llandgaffe aforesaid, the said John Lewes, did then and there, about 10. clocke in the fore­noone [Page 249] of the said day, apparlelled and adorned to celebrate Masse, standing at the High-Altar, within the said Church, and turning himselfe to some of the parishioners there present, openly and publike­ly with a loud voyce, then and there declare and pronounce, the said Reesewyn, Peter Could and others, to be excommunicate, & to be ex­cluded from all Divine Services; and did then and there commaund them to goe out of the said parish Church, or else hee would not cele­brate Masse; By reason of which premises the said Reesewyn, Peter Could, and others being excluded and excommunicated from all Di­vine Service, departed out of the said Church, and so continued, ex­pulsed, and excommunicated, untill they by the Mandate of the said Bishop, within the Diocesse aforesaid, upon the 15. day of August in the foresaid 34. yeare, appeared before the said Bishop, and by coaction of the said Bishop, and before hee would absolve them, were constrained to seale and deliver divers written obligations to the use of the said Bishop, for the foresaid Tithes, formerly sold unto them in maner & forme aforesaid, by the saith John Gwynoth, and the foresaid Arthur, Bishop of Bangor, and John Lewes have thus unjustly don, all the premises, formerly objected against them, with all their might in the foresaid maner and forme, to the manifest enervation, adnihilation, and derogation of the Imperiall Jurisdiction of our Lord the King, and the subversion of the foresaid Lawes and sta­tutes, and also to the extolling, maintaining and promoting of the said ancient usurped Jurisdiction, and feined power of the Bishop of Rome, and of his See, and of the Ecclesiasticall Court, and to the great dammage of the said Reesewyn, Peter Could and others, and in con­tempt and prejudice of the said Lord our King, and also in deroga­tion of the Imperiall dignity, Jurisdiction and Prerogative of his Royall Crowne; and contrary to the forme of the foresaid statutes and Lawes. Thus the record it selfe relates the case: upon which both the Bishop and Vicar were attainted, and such Judgement given against them, as in other cases of Praemunire. By which two notable records, and the forequoted Lawbookes, it is ap­parant, that the Prelates encroachments upon the Kings Prero­gative Royall or Subjects Liberties, either by advauncing or re­viving [Page 250] the Canon Law, and Popes Decrees; (as our Prela [...] and their Officers now every where doe, which appeares b [...] their practises, speeches, late introduced Popish Ceremonie [...] of bowing to Altars, and at the name of Iesus, turning Communion Tables into Altars, and placing them Altar-wise aga [...] the East end of the Quires, standing up at Gloria Patri, and t [...] Gospell, praying towards the East, and such like superstition [...] prescribed onely by Popish Canons, with some late printe [...] Civill Ridly with others. and Canon Law Bookes, and Calibute, Downing h [...] Discourse of the state Ecclesiasticall of this Kingdome, Oxon. 1634 with M [...]ster Shelfords 5. Treatises, Cambridge, 1635. and the [...] owne late printed visitation Articles, everywhere aboundantly evidence,) or by making, publishing, and promulging, b [...] their owne power an Authority, onely without the approbatio [...] and consent of King and Parliament, new Canons, Articles [...] Ordinances, Constitutions, Rites or Ceremonies, contrary t [...] the Lawes and Statutes of the Realme, different from thos [...] prescribed in the Booke of Common Prayer and Homi [...]ies (a [...] all our Prelates, Archdeacons and their Officials now dayly doe [...] in their Visitations and Consistories,) or by holding plea o [...] things properly belonging to the Kings temporall Courts o [...] Iustice in their Ecclesiasticall Courts, (as they dayly doe, no [...] among us in cases of prescription for Tithes, maner of Tithing [...] enforceing of men, to proove wills, deviding Landes of Inheritance, by witnesses in their Courts, and not in Chauncer [...] Actions of Battery, and of the peace betweene man and wise [...] by way and under the name of Alimony, sequestring of me [...] goods and livings, and depriving Ministers of their freeholds i [...] cases not warrantable by Law, fining of men for contempts [...] and impleading them for Debts, Trespasses, Defamations, ar [...] other offences, punishable onely at the Common Law, a [...] by divers late devices, to engrosse into their hands the Tryals [...] rights and Patronadges, gleabe lands, Tithes, and the like; b [...] collaterall strange pretences, and putting both Ministers an [...] Laymen from their callings, being their freeholds, and livelyhood, [Page 251] as they have done many of late, contrary to the Com­ [...]on and Statute Law;) or by hindring, stopping, or com­ [...]lling men by excommunications, or otherwise, to give over or release their suites at Common Law; by staying the course of Prohibitions and Canon Law, Iustice against their unjust pro­ceedings, (as our Prelates and their Officers have lately done with a most insolent and high hand, both by frequent com­plaining against the Iudges for granting Prohibitions to their Courts, in cases not appertaining to them, where they have beene usually granted in all former ages; in conventing and troubling them for the same, before the King and Councell, where themselves are a great party, and beare sway in threat­ning and worying them, that they dare not grant Prohibitions; in excommunicating; fining, persecuting and imprisoning both in their Consistories and especially in the High-Commissions, (the cheife use whereof is now onely to advaunce, protect, and defend their owne usurped Ecclesiasticall Episcopall Iuris­diction, power, extortions, exactions, innovations and to crush all such, who any where dare oppose, or prosecute them for the same in any of his Majesties temporall Courts, a thing well worthy his Majesties, his Counsels and Iudges most serious con­sideration;) all those who oppose their desperate Innovations, and dangerous late insolent encroachments, upon his Majesties Prerogative Royall, his Lawes, his temporall Courts of Iustice, and his Subjects Liberties, and either sue for Prohibitions, or indict them, or bring their Actions of the case, or false impri­sonment against them at the Common Law, to releife them­selves against their injustice and incroachments, enforcing them b [...] threats, power and unjust vexations, excommunications, censures, imprisonments, stop of their Legall proceedings, by threatning: (and imprisoning) their Councell, Soliciters, At­ [...]nes, Iudges, and other such violent and unjust meanes, to give over, or release their Actions against themselves, and their Off [...]cers, as appeares by the late cases of Master Huntly, Master Smart, Stephen Puckell, Master John Clober [...], the [Page 252] Churchwarden of Ipswitch; and a Gentlewoman of Devonshire, neare Totnes, 9. Caroli. Mistris Blaughten against Doctor Martyn. who brought an Action of the case in nature of a conspiracy against the Commissary of Totnes, even for rayling a fame of incontinency of her, and then persecuting her in his Court for the same, onely because shee refused to marry him; which foule practise being fully prooved by sundry testimon [...]es at the Assises of Exeter, 9. Caroli, upon a full hearing, and the Jury thereupon giving her great Dammages; the Judge by this Commissaries, and the Archbishop of Canterburies meanes, was sent for before the Councell Table, and there so ratled and shaken up by the Archbishop for suffring this just cause, (which much concerned the Church as was pretended,) to proceed, that hee protested, hee was almost choaked with his lawne sleeves, and forced to stay the returne of the Postea, so that the injured and oppressed Gentlewoman could have no judgement upon her verdict, and was constrained to relinquish her suite. Such is our Prelates Iustice and zeale to defend the very knavery of their Officers; or by keeping their Courts, Con­sistories, and making out their proces, citations, excommuni­cations, probates of wils, letters of administration, writs of Jure Patronatus, and so forth in their owne names, and under their owne Seales, not his Majesties, (as our Prelates and their Officials alwayes doe:) or by excommunicating his Majesties Subjects, without just and Legall cause, and in undue maner, (as our Bishops and their Officers dayly doe,) are for all and every of these encroachments, within the danger and compasse of a Praemunire. Our present Prelates and their Officers there­fore being deeply guilty of all and every of these usurpations, and encroachments, both upon the King and Subject, are in all and every of these respects within the verge of a Praemunire, which they more justly deserve then either these, or any other of their Predecessors ever did, all circumstances of persons and times duely considered; and therefore I trust shall not escape what they so well demerit.

These writs of Praemunire, being the cheifest curbs to re­straine [Page 253] the Prelates, Clergies and their Officers encroachments, [...]mbitious disloyall Antichristian usurpations, practises and de­signes, the cheife security, both of the Kings Prerogative Royall, the Subjects Liberties, and the Common-Law, against Innovations and treacherous underminings, have beene al­wayes so irkesome and distastfull to their aspiring domineering practises, that they have oft times both by Petitions, perswa­sions, pollicies, bribes and threats, endeavoured to suppresse them, that so they might play Rex in every place without con­trole, and captivate both King and Subjects to their pleasures, yea engrosse the conusans of all plees and Actions by Degrees into their owne hands and Courts, as they did for the most part all temporall offices, the better to play this prize. In the yeare of our Lord 1439. after the burning of Richard Wicke, Martyr, Henry Chichesly, Archbishop of Canterbury, called a Convoca­tion, wherein was propounded among the Clergy, to consult with themselves, what way was best to be taken for the remooving away of the Law of Praemunire facias, by reason whereof the Churchmen at that time were greatly molested, and also by other the Kings Writs and indictements, to their no small anoyance. After long consultation and good advisement, at last this way was taken, that a petition or supplication should be drawen and presented to the abolishing of the foresaid Law or Praemunire facias, and also for the restraining of other writs and indictements, which then seemed to lie heavy upon the Clergy, and to the end, that the said Petition might take good effect, the whole Convocation granted the King a tenth be­fore the Delivery thereof, and likewise promised, that they would most apply, furnish and assist him to their power with supplies, if hee would abrogate those hard Lawes of Praemunire, wherewith the Clergy were oft times caught and entangled as in unjust snares, and sometimes upon unjust occasions, as they pretended. This Bill being thus contrived, and exhibited by the Archbishops of Canter­bury and Yorke, to the King, then standing in need of a Subsidie to be collected by the Clergy, this answer was given to the supplication in King Henry the 6. behalfe, being then but 19. yeares of age; that [Page 254] when the King came to full age, hee would take care, that the Clergy should not be urged with such hard Lawes and Actions; but in the interim hee could not conveniently change the Lawes that were for­merly made: and for so much as the time of Christmas then drew neere, whereby hee had as yet no sufficient leisure to advise upon the matter, hee would take therein a further pause, in the meane time, as one tendring their quiet, hee would send to all his Officers and Mi­n [...]sters within his Realme, that no such breife of Praemunire, should passe against them, [...]r any of them from the said time of Christmas, till the next Parliament. This Antiquitates Ecclesiae Britan­nicae p. 323. and Master Fox Acts and Monuments, p. 645. record, whose words I have conjoyned: After this, the next Parliament Antiquit. Eccles. Brit. p. 326. 327. 328. following, the whole Clergy of England, assembled in Convocation, petitioned the King, against the Judges and Lawyers, for confining them and their Courts onely to causes of Tithes, Ma­trimony and Testaments, both by prohibitions and writs of Praemu­nire, if they went but one inch beyond their bounds and Jurisdiction; which penalty of a Praemunire did exceedingly terrifie and perplex the Prelates, in which if they were convicted, they forfeited all their goods and were to be perpetually imprisoned; informing the King how they strained the words of 16. R. 2. c. 5. (That if any purchase or pursue, or doe to be purchased and pursued in the Court of Rome, or ELSEWHERE, any such translations, processes, sentences of excommunications, bulls, instruments, or any other thing, which touch the King, against him, his Regality, his Realme &c.) even to their Ecclesiast [...]call Courts; desiring, that the King and Parliament, would be pleased to interpret the word ELSEWHERE, not of their Courts, unlesse where they pro­ceeded against the Kings expresse prohibitions; and that they might not have their Ecclesi [...]sticall Jurisdiction so restrained with Prohi­bitions and Praemunires, and that the temporall Judges might in­curre a Praemunire [...]o [...] for encroaching upon their Ecclesiasticall Jurisdiction and causes, as well as they for encroaching upon th [...] temporall Jurisdiction and causes; But this Petition likewise had [...]ll successe, and the Judge, proceeded and interpreted the word [Page 255] ELSEWHERE, of their Consistories Ecclesiasticall, as be­foreAntiquit. Eccles. Brit. p. 336. An. 1463. The Clergy in Convocation petitioned King Edward the fourth to like purpose, who granted them to hold plea of Tithes, of wo [...]de [...] above 20. yeares grouth, without incurring a Praemunire; but for holding plea of temporall causes, or of things of which they had no lawfull conusant, a Praemunire still lay against them as before, as sundry presidents and authorities forequoted, with others testifie,16 R. 2. c. 5. lib. In­trationum. f. 24. Admi­ralty 3. f. 465. Ad­miral. 1. as it doth for suing in the Admiralty for any cause triable at the Common Law in any of the Kings Courts of Westminster. By the very Common Law it selfe, if a Bishop hold plea in his spirituall Court of Lands, Debt, Rapes, or any thing belonging to the temporall Courts of the King, or not within the compasse of his spirituall Jurisdiction, an Attachment upon a Prohibition lieth against him for it; in which the party greived shall recover his Dammages against him, and hee himselfe shall have his temporalties seised into the Kings hands, if not his body imprisoned; and though no Prohibition were de facto delivered to him, yet an Attachment well lieth, because the Statutes and Common Law themselves are a Prohibition in this case, all which hath beene frequently resolved by 21. E. 3. a. 10. 11. a. 38. 40. 28. E. 3. 97. a. 30. E. 3. 11. 39. E. 3. 7. M. 11. E. 3. Fitz. Attachment, sur Prohibition 8. 13. Hill. 33. E. 3. Fitz. Ibid. 14. Pasc. 20. E. 3. Excommengement. 9. 8. E. 3. 49. 40. E. 3. 17. 50. E. 3. 10. 9. H. 6. 56. 51. 19. H. 6. 54. 1. H. 7. 18. 2. H. 7. 8. Fitz. and Brooke Tit. Attachment, Sur Prohibition. Bitz: Nat. Brev. f. 40. 41. 42 43. with sundry other Law Bookes. Why this At­tachment likewise should not lie, as well as a Praemunire, against our Bishops, Archdeacons and their Officers, for their exorbi­tant proceedings, both in their Consistories, Visitations, and High-Commissions, and intermedling in such causes, whereof they have no lawfull conusans or Iurisdiction, I yet see no ground or reason: I find in 21. E. 1. in the plees of the Parliament plac. 17. and in Dorso Glaus. 21. E. 1. in. 3. that John Archbishop of Yorke Excommunicated, and thereupon imprisoned William of Willicon, and John Romain servants to the Bishop of Duresme, [Page 256] (during the Bishops absence) in the Castle of Duresme, for a tem­porall thing, not belonging to Ecclesiasticall conusans, to wit, the Custody of certaine Lands, to which the Archbishop pretended right; the Archbishop refusing to absolve and deliver them, they thereupon complaine against, and sue him in Parliament; where the cause was pleaded and debated at large: at last upon great deliberation it was resolved by the whole Parliament, that the Archbishops Ex­communication of them for any temporall matter was a contempt of the King, to the disherison of his Crowne and Dignity: and there­upon the Archbishop by the whole Parliament, though great media­tion and freinds were used in his behalfe, was adjudged to be im­prisoned, and to submit himselfe to the King, and fined 4000. markes, (a great summe in those times:) whereupon using many and great Freinds to the King, to pacifie him for this offence, hee voluntarily came in, and made his submission for the same, and acknowledged a recognizance to his Majesty of 4000. markes, towards the satisfaction of the fine, as the Records at large expresse. Why our present Bishops and their Officers should not thus be roundly fined and censured, for excommunicating, fining, im­prisoning, inflicting temporall Censures, and punishments on his Majesties Subjects, both in their Ecclesiasticall High-Com­missions, and Consistories; holding plea of cases, not pertaining to their spirituall, but to the Kings temporall Courts, blocking up the free passage of Prohibitions, & their other dayly affronts to Common Law and Iustice, is a question past all their skill to resolve, and worthy to be demaunded, if not reduced to exe­cution. Among the presentments in Eyre, An. 3. E. 1. I finde some Ecclesiasticall persons presented for suing, and others for holding plea in the spirituall Court, of such things as belonged to the Kings temporall Courts, in derogation of his Crowne and dignity; for which they were fined to his Majesty, and im­prisoned by his Justices: And shall such things escape scot free now? In the yeare 1532. Master Fox Acts & Monuments p. 951. William Tracy, Esquire of To­dington in Glocestershire, made in his will, that hee would have no funerall pompe at his burying, neither passed hee upon the Masse, [Page 257] and further said, that hee trusted in God onely; and hoped by him to be saved, and not by any Saint: hee dying, his sonne being his Exe­cutor, brought the will to the Bishop of Canterbury to proove, which hee shewed to the Convocation; who judged, that hee should be taken out of the ground, and burnt for an heretique; Whereupon they send downe a Commission to Doctor Parker, Chaunceller of the Diocesse of Worcester, to execute this their wicked sentence: who accomplished the same. The King (Henry the 8.) hearing his Subject to be taken out of the ground and burnt, without his knowledge or due or­der of Law, send for the Chauncellor, layd this as an High-offence to his charge, who excused himselfe by the Archbishop of Canterbury then lately dead; but in conclusion it cost him 300. p. to gaine his pardon; who else had suffered in a Praemunire for it. If this King tooke those illegall proceedings against the senselesse car­case of his dead Subject, (though attainted in Convocation, as an Heretique,) so heynously: what Censure will our present Gracious Soveraigne deeme those worthy, who suspend, ex­communicate, fine, imprison the living persons of his faithfull Ministers and Subjects, (contrary to all Law and Iustice,) never tainted with any crime or heresie, onely for maintaining his Majesties Ecclesiasticall Iurisdiction, for oppugning their en­croachments upon it, and the Subjects Liberties, for refusing to submit to their superstitious Popish innovations, and for per­forming the duty both of good Christians, good Subjects to God and their Prince? To come nearer to our present times. In the Parliaments of 3. & 7. Jacobi, the Prelates were questioned in the Commons house, as having incurred a Praemunire, for exer­cising Ecclesiasticall Jurisdiction, without speciall Letters Patents, and Commissions from the King under the great Seale, prooving of Wills, granting Letters of administration, and making out their Proces, Citations and Excommunications in their owne names, and under their owne Seales, contrary to the statutes of 1. E. 6. c. 2. (re­vived by 1. Jac. c. 25.) 1. Eliz. c. 1. 5. Eliz. c. 1. 8. Eliz. c. 1. 26. H. 8. c. 1. 37. H. 8. c. 17. and other forecited Acts: and though no Judgement were then passed against them by reason of the sud­den [Page 258] dissolution of the last of these Parliaments, (and two or three others succeeding it,) and of the great controversie concerning Impositions upon Marchandize, imported or exported, which outed most other complaints; yet the house upon the opening of the businesse, by Sir Henry Yelverdon, who set it on foote, conceaved that they were all in a Praemunire, and that the statute of 1. E 6. c. 2. was revived and still [...]n force, being nothing but a Declaration of the Kings Eccle­siasticall Praerogative at the Common Law, and King James having as ample Ecclesiasticall Jurisdiction in and over all such causes and persons as E. 6. or any of his Royall Progenitors; and in Cottons case in the Starchamber, where hee was prosecuted upon the same point, for exercising Ecclesiasticall Jurisdiction, without Letters Pa­tents or Commission from the King, and making out Proces and Probates of Wills in his owne name, under his owne Seale, the Court inclined to the same opinion, agreeing, that the statute of 1 E. 6. was still in force, whereupon hee humbling himselfe to King James, and craving pardon for his said offence; the King out of his grace, by the mediation of some great persons, was pleased to remit his fining, and censure, whereas otherwise hee had smarted and payed deare for this his insolent disloyall undutifull usurpation, upon his Soveraignes Royalties. In to which Court if all our Prelates and their of­ficers were now brought for all their forementioned usurpa­tions, extortions, oppressions, misdemeanors, and there fined, according to the greatnes and multitude of their manifold of­fences; after that rate as some of them have lately fined others, beyond all pitty and moderation, (they there commonly out of their Fatherly Clemency and bowels of compassion, transcen­ding all other temporall Lords in the severity of their censures, whether pecuniary or corporall;) I doubt not but his Majesty might thereby gaine in very short space, at least two hundred thousand pounds or more in fines, to the great contentment of his Subjects, whom they have oppressed; and quite strip them of all their Bishoprickes, Archdeaconries, Chauncellourships, and other offices, as forefaited by their severall abuses, extortions, and oppressions committed in them, (for which cause though [Page 259] in pretence alone, themselves have deprived many Ministers, Lecturers, Tradesmen, both of their livings, Lectures callings) if not, for want of Letters Patents; and leave them neither eares, nor nose unmangled, nor any thing to support them in those Prisons; to which they deserve to be adjudged; should hee and the Iudges of that Court, meat them onely that measure as some of them, even against the1. Tim. 3. 3. Tit. 1.7. Matth. 26.51.52.53. 10. E. 4. 6. b Gratian. Causa. 23: 8. Petrus. Blesensis Tractat. de Instit. Episcopi. Scripture and their owne Canons (which prohibit them to be strikers, or to have their hands or votes in dismembring, or shedding any mans blood,) have not long since measured out toDoctor Layton. Master Prinne. others, who have opposed them in their ex­orbitant courses, and proceedings; whether more out of parti­cular malice, envie, spleen, revenge, then out of a true zeale of Iustice and the merits of the cause, I leave to their owne Con­sciences and God himselfe, (whoAct. 1.24 Ps. 44.21. onely knowes the very depths and secrets of all mens deceitfull hearts,) to determine. All that I can doe more, is but to submit both their persons and these their offences against King and Subject, here epitomized, to his Majesties Royall and Impartiall Iustice; if hee please to passe by and pardon these grand delinquents, (who have beene alwayes inexorable, and mercilesse towards others, even for the smallest slips and Errors,) at an easie rate, upon their humble submission, acknowledgment, and promise of future reforma­tion. I hope it will teach them to be more thankefull and du­tifull to his Majesty, more moderate just and mercifull towards others, and more carefull of relapsing into the same offences in time to come; If hee in his Royall wisdome shall thinke it more just and honourable to proceed against them in all, or any of the forementioned wayes of Iustice, in a severe and rigorous course, according to the greatnes and multitude of these, and other their notorious insolent crimes, both for the satisfaction of his much greived and oppressed Subjects, (to whom they have never extended the least dramme of mercy,) to furnish his Treasury, with a present legall supply, and to deterre both them, and their Successors from the like encroachments, inso­lencies exactions, and oppressions for future times; they must [Page 260] all lay their hands upon their mouthes, and acknowledge both Gods, and his Majesties Iustice on them, yea though they should incurre even corporall punishments as well as fines, deprivations, imprisonments; and confesse in the words of Adonibesek, Iudges. 1. 7. As I have done, so God hath requited me; and of our Saviour, Math. 7.2. With what Judgement wee judged, wee have beene judged, and with what measure wee meeted, it hath beene measured to us againe.

To draw towards a conclusion in a few words of exhortation.

1. I shall here First of all desire every of his Majesties faith­full and true hearted Subjects, according to their oathes, duty, and allegiance, to take notice of all the Prelates, and their un­derlings severall encroachments upon his Majesties Prerogative Royall, and then to withstand to oppugne them by all just and lawfull meanes, to the uttermost of their skill and power, with­out conniving at or submitting to them in the least degree; not giving over their endeavours against them, till they are quite re­formed; and then in the next place to take notice of their usur­pations, oppressions, and exactions on themselves, their just and ancient Liberties, and to shake them off with all speed and care, not suffering the Prelates, (raised for the most part from the dunghill and the depth of poverty, which makes them so harsh, proud, and ungentile, both in their carriage and pro­ceedings) to Lord it and triumph over them, (yea even Nobles, Peeres, and Iudges themselves,) in a Pontificall proude, do­mineering tyrannicall maner; contrary both to their ancient Liberties, the Lawes and Customes of the Realme, nor to im­pose what Ceremonies, Canons, Articles, Rites; Constitu­tions, Errors, false Doctrines, Superstitions, and Innovations each of them shall severally please, without the King and Par­liaments Consent; or to erect a new Papacy or Spanish Inqui­sition in the Realme, as some of them have endeavoured;Gal. 5.1. but to stand fast in the Liberty, wherewith Christ himselfe, the Lawes Liberties and Customes of the Realme have made them free, and [Page 261] not to intangle themselves againe in these their unjust heavy yoakes of Bondage; which they ought to prevent and cast off by all honest legall and Christian meanes: And in the next place, I shall be­seech all Prelates now at last, even seriously to consider and lay to heart, all their severall usurpations, encroachments, oppres­sions, and exactions, both upon their dread Soveraignes Crowne and Dignity, by whose grace alone they were first raised to their Episcopall dignities, which may stand or fall to ground in a moment at his good pleasure,) and upon your Brethrens and other Subject just undoubted Liberties, and then to recount with themselves, what a heavy reckoning they must one day make for them, before Gods and Christs tribunall in the sight of all the world, at the great day of judgement, and to what great dangers, hazards, censures, troubles, losses and perils they may now upon all occasions expose their persons, states, and fortunes, even in his Majesties Courts of Iustice, which they have no assurance to escape; and how execrably odious they now render them everywhere, both to God and man. And when they have thus taken a serious servay of them, with those severall dangers which attend them, let them forth with abate their pride, and tyranny, fall downe upon the knees of their soules and bodies, both to God, his Majesty, and the people, whom they have thus grossely injured and oppresse [...], craving both their joynt and severall pardons with bleeding hearts and spirits for these their crying trespasses, giving good and compe­tent satisfaction to the uttermost of their power, to all those they have injured and oppressed; And when they have done thus, let Iohn. 5.14. goe away and sinne no more, least some worse thing happen to them. Let them lay aside their Pompe, their Pride, State, Lordlines, Idlenes, Luxury, Tyranny, Bribery, Symony, good fellowship, persecutions of goodnes, grace, truth, and all good men; their secular offices, imployments, and pluralities; their malice, envy, hatred, emulation, contention, ambition, voluptuosnesse, backbitinge, false accusing, fines, imprison­ments, Pursevants, Iaylors, unwarrantable Excommunications, [Page 262] fees, exactions, impieties, ungodlines, prophanes, swearing, cursing, prophaning of Gods most sacred day, both by life, and doctrine, their non-preaching, rare-preaching, rare-praying, their frequent carding, dicing, bowling, dauncing, hunting, hauking, that I say not whoring, with all other their Episcopall vices, betaking themselves wholly in a pious, studious, holy, temperate, sober, humble, chast, unspotted, exemplary, hea­venly, fruithfull, gratious preaching, charitable, pittifull, just, and upright life;Phil. 2.15 Matth. 5.14.15.16. shining forth like so many glorious burning lights of the world, in the middest of a crooked and perverse genera­tion. Let them remember that they are (at leastwise ought to be) not Lords, but servants; not Bitesheeps, but Bishops; not Pilates, but Prelates; not imposters, but Pastors; not loy­terers, but labourers; not Kings, but Subjects; not sleepers, but Watchmen; not blinde Bedels, but Seers; not fleecers, but feeders; not butchers, but shepheards; not Preyers, but Preachers; not destroyers, but instructors; not Tyrants, but Fathers; not dumbe-dogges, but cryers; not theeves, but kee­pers; not Wolves, but Guardians; not seducers, but leaders; guides and examples to the Flock and Sheepe of Christ, al­wayes carying themselves like such in all places, companies and conditions whatsoever,1. Iohn. 2.6. walking even as Christ, the Hebr. 13.20. 1. Pet. 5 4. Great Sheepheard of the sheepe hath done before them, 1. Pet. 2.21. leaving them an example, that they should follow his steps.

If any of them are so presumptuous as to thinke they may still Lord it, and tyrannize over Gods people, inheritance, and their fellow-Brethren, ruling them with boysterous force, vio­lence, or with a rod of Iron, as they have hitherto done; let all such Lucisers and domineering spirits, (who strive to engrosse into their hands the very sway of Kingdomes and of the world it selfe, as many of them now conspire and endeavoure,) re­member these three Lessons, which our Saviour, and Sant Peter have left behind them; w [...]ich they had need well learne themselves, before they can ever duely rule, instruct or tutor others.

[Page 263]1. The first of them is this of Matthew 20.20. to 29. Marke the 10.35. to 46. Luke 22.24. to 28. where our Sa­viour, when James and John the Sonnes of Zebedee came unto him with this request, saying: Master grant unto us that wee may sit one at thy right hand, and the other on thy left hand in thy King­dome, (whereupon there arose a st [...]ife betweene the other Disciples and them, which of them should be accounted the greatest;) called them all unto h m and sayd; yee know that the Princes of the Gen­tiles exercise Dominion or Eldership over them, and they that are great, exercise authority upon them; but it shall not be so with you, but whosoever will be great among you, let him be (saith Matth.) shall be (saith Marke,) your servant, or M [...]nister; and whosoever will be cheife, cheifest (saith Marke,) let him be your servant, (saith Matth.) shall be servant of all; (writes Marke.) Even as (so Mat­thew,) for even (so Marke,) the sonne of man came not to be mi­nistred unto, but to minister, and to give his life a ransome for many. Which S. Luke thus renders: The Kings of the Gentiles exercise Lordship over them, and they that exercise authority upon them are called benefactours. But yee shall not be so, but hee that is greatest among you, let him be as the younger, and hee that is cheife, as hee that doth serve: For whether is greater, hee that sitteth at meat, or hee that serveth? is not hee that sitteth at meat? But I am among you as hee that serveth.

2. The second is the 1. Pet. 5.1.2.3.5. The Elders, which are among you, I exhort, who am also an Elder, and a witnes of the sufferings of Christ, and also a partaker of the glory, that shall be revealed: Feed the flocke of God which is among you, taking the oversight thereof, not by constraint, but willingly, not for filthy lucre, but of a ready minde; Neither as being Lords over Gods heritage; but being ensamples to the flock. And when the cheife Shepheard shall appeare, yee shall receive a Crowne of glory, that fadeth not away. Likewise yee younger, submit your selves unto the Elder; yea all of you be subject one to another, and be cloathed with humility, for God resisteth the proud, but giveth grace to the humble. [Page 264] On which text Sant Paul thus comments: 2. Cor. 1.24. Not that wee have dominion over your faith, but are helpers of your joy: for by faith yee stand; And Phil. 2.3. Let nothing be done through strife or vaine glory, but in lowlines of mind, let each esteeme other better then themselves.

3. The third is Matth. 11.19. Take my yoake upon you, and learne of me, for I am meeke and lowly in heart: and yee shall finde rest unto your soules. Which Sant Paul thus illustrates: Col. 3.12.13. Put on therefore (as the elect of God, holy and beloved) bowels of mercies, kindnes, humblenes of minde, meekenes, long suffering, forbearing one another, and forgiuing one another, if any man have a quarrell against any: even as Christ forgave you, so also doe yee. From these 3. ScripturesSee the E­pistle Dedi­catory, & the Fathers, and Commenta­tors on these Texts. Divines both old and new have deduced these three Conclusions.

1. First, That all Bishops and Ministers by Christs insti­tution are of equall authority and Iurisdiction, and that one of them ought not to Lord it, or domineere over the other, as all Bishops now every where doe, both over their fellow-brethren and the people: and that Bishops and Ministers by Gods Law are of equall degree, dignity, power, and Iurisdiction.

2. Secondly, That Bishops and Ministers ought to be pat­ternes of humility, meeknes, charity, compassion, brotherly kindnes, and forgivenes unto all others: and yet who so swolne with Antichristian pride, ambition, envy, hatred, malice, slan­der; so revengefull, implacable mercilesse as they, as the com­mon proverbe, (as proud, as malicious as a Prelate,) witnesseth.

3. Thirdly, This is ex­cellently and largely proo­ved by Mar­silius Pata­vinus, De­fensoris pacis pars 2. c. 4. 5. 6. &c. Mr. Tyndall his Practise of Popish Pre­lates in the beginning. The Supplic. to K. Henry the 8. and others. That no Bishops or Clergymen ought to turne Magistrates or temporall Lords and Officers, nor yet to exercise any civill power, Dominion or Iurisdiction over their Brethren, and fellow Ministers, or any of Gods people, nor yet to inflict any fines, imprisonments, or temporall censures on [Page 265] them, either by their owne inherent power, or any derivative Authority or Commission from the Prince or civill Magistrate.

Hence Origen, in his 31. Hom. upon Matthew, writes thus: Verily that Bishop sinneth whomsoever hee be, who doth not minister like a servant to his fellow-servants, but like a Lord, yea, very often domineering by violence even like a bitter Lord, being made like the Egyptians, who afflicted the life of the children of Israel with force: therefore they ought to be mindefull of the words of Christ: The Princes of the Gentiles domineere over them, &c. But among you it shall not be so. Hence Prosper Aquitanicus, com­plaines thus of the Prelates in his time, De Vita Contemplativa, lib. 1. c. 21. Wee are made potent onely for this end, that wee may purchase, and usurpe to our selves a tyrannicall Domination over those who are under our charge, not that we might defend the afflicted against the violence of great men, who rage against them like wild beasts. Wee delight onely in things present, seeke onely whilest wee are in this life, our owne profits and honours, hastening not that wee may be better but richer, not that we may be holier, but that wee may be more honourable and greater then others: neither doe wee minde the floock of the Lord, which is committed to us, to be fed and de­fended, but wee carnally thinke of our owne pleasures, Dominion, and other worldly allurements. We will needs be called pastors, and yet wee strive not to become such, wee shunne the labor of our office, and yet desire the dignity thereof. Hence alsoAd Clerum Sermo in Concilio Rhe­mensi. Sant Ber­nard complaines of the Prelates in his age, in this sort: They are not Pastors, but betrayers; they are called Shepheards, when as in truth they are but theives. Alas wee have but few Pastors, and yet many Excommunicators, (as wee also have now too many even upon no occasion.) And would to God the wooll and the milke would suffice you, for yee even thirst after the very blood of the sheepe. And inDe Consid. ad Eugenium lib. 2. c. 6. another place hee thus writes to Pope Eu­genius (asFox Acts & Monuments p. 412. Master Fox records in his Booke of Martyrs,) who claimed a kinde of Dominion and Lordship over his fel­low-Brethren: Thou hast nothing in thy greatnes that may flatter thee, but a greater sollicitude: True it is, thou art advaunced, but [Page 266] thou oughtest by all meanes to consider, to what purpose; not to domi­neere, as I conceave; for even the Prophet, when hee was in like maner advaunced heard, Ier. 1. that thou mayest pluck up and destroy; and that thou mayest build and plant. Which of these sounds of pride: rather a spirituall labor is expressed under the scheme of rustick sweat: And wee therefore although wee may thinke highly of our selves, shall perceive a ministration imposed on us, and not a Do­minion given to us, I am not greater then the Prophet, and if per­chance I am equall to him in power, yet there is no comparison be­tweene us in respect of merits. These things speake thou to thy selfe, and teach thou thy selfe, who teachest others; reckon thy selfe but as some one of the Prophets. Is not this sufficient to thee? yea too much: But by the grace of God, thou art what thou art. What? Be thou, that which a Prophet is: art thou any thing more then a Prophet? If thou art wise thou wilt be content with the measure that God hath meated to thee, for that which is more, is from the evill one: learne from the Prophets example how to beare rule, not so much to com­maund, as diligently to performe what Christ requires; learne that thou needest a weeding hooke, not a scepter, that thou mayest doe the worke of a Prophet: And verily hee ascended not as one about to raigne, but to extirpate: Thinkest thou that thou mayest not finde some worke to be done in the feild of thy Lord? yea very much: the Prophets could not plainly cleanse it all, they have left some things to their sonnes the Apostles to doe; yea thy very parents have left some thing to thee, neither mayest thou thy selfe suffice to doe every thing; verily thou shalt leave some thing to thy Successor, and hee to others, and they to others unto the end. Finally, about the 11.Luke 10. hower the workemen are reprooved of idlenesse, and sent into the vineyard; the Apostles thy predecessors have heard, that the harvest verily is great, but the labourers are few, challenge to thy selfe thy Fathers inheritance. Gal. 4. For if thou art a Sonne, then an heire: that thou mayest proove an heire, give attendance to thy cure, and thou mayest not waxe idle, unlesse it be also said to thee, WhyMath. 20. standest thou idle all the day? much lesse oughtst thou to be found either dissolute with delights or effeminate with pompes. [Page 267] Thy testators writing assigneth nothing of these to thee: But what? If thou art content with their tenure, thou shalt rather inherit care and labor, then glory and riches, doth thy chaire flatter thee? It is no Watch Tower: Finally, thou overseest from thence, sounding to thy selfe, in the name of a Bishop, not a Dominion, but an office: Why shouldest thou not be placed in an eminent place, whence thou mayest overlooke all things, who art constitute a watchman over all things? for truly this prospect begets readines, not idlenes. How canst thou take pleasure to glory, where it is not lawfull for thee to be idle? nei­ther is there any roome for idlenes, where a sedulous solicitude of all Churches oppresseth. For what else hath the holy Apostle demised to thee? That which I have, said hee, that give I unto thee: What is that? One thing I know, it is not gold nor silver, seeing himselfe saith, Acts. 4. Silver nor gold have I none, if thou chance to have any, use it not according to the lust, but as the time requires; be thou such a one using them, as if thou usest them not. These things verily so farre as appertaines to the good of the minde, are neither good nor ill, yet their use is good, their abuse evill, their desire or care worse, their lucre more dishonest; But be it so, that thou mayest challenge it unto thee, by any other meanes whatsoever, yet truly by any A­postolicall right thou canst not so doe, for how could hee give unto thee that which hee hath not himselfe? That which hee had, that hath hee given, the care over the Churches, as I have said. But hath hee given thee any Lordship? Hearke: what hee saith, not bearing rule, saith hee, as Lords in the Cleargy, but behaving your selves as ex­ample to the flock: And because thou shalt not thinke it to be spoken onely in humility, and not also in verity, marke the voyce of the Lord himselfe in the Gospell: Luke. 22. But you shall not doe so: Here Lordship and Dominion is plainely forbidden to the Apostles, and darest thou then usurpe the same? If thou wilt be a Lord, thou shalt loose thine Apostle-ship, or if thou wilt be an Apostle, thou shalt loose thine Lordship. Goe thou then and presume to usurpe to thy selfe, either an Apostle-ship being a Lord, or a Lordship being an Apostle. Verily thou art prohibited and must depart from one of them; if thou wouldest have both, thou shalt loose both, or else [Page 268] thinkest thy selfe to be in the number of those, of whom God doth so greatly complaine, saying: Hos. 8. They have raigned, but not through me, they are become Princes, and I have not knowne it. Now if it doth suffice thee, to rule without the Lord, thou hast thy glory, but not with God; But if wee will keepe that which is forbidden us, let us heare what is said: Hee that is the greatest among you, (saith Christ,) shall be made as the least among you, and hee which is Highest, shall be as the Minister, and for ex­ample set a child in the middest of them: So this then is the true forme and institution of the Apostles trade, Lordship and rule is for­bidden, Ministration and service commaunded; which is likewise commended by the example of the Law-giver himselfe, who subjoynes: But I am in the middest of you, as one that ministreth. How now may any thinke himselfe inglorious with the Title, wherewith the Lord of glory hath before him dignified himselfe? Deservedly Paul glories in it, saying: 2. Cor. 11. Are they the servants of Christ? So am I; and hee addes, I speake as a foole, I am more; in labours more often, in imprisonments more aboundant, in stripes above measure, in deaths more frequent. O excellent ministry! Is not this more glorious then any principality; &c. After which hee thus proceeds, against the pride, pompe, Lordship, and secular power of the Prelates:De Conside­ratione, l. 4. If I durst be bould to speake, these things are rather the food of Devils, then of Sheep: What? Did Peter doe thus? Did Paul thus play the vice? Seest thou not, how all their Ecclesiasticall zeale is fervent, onely to defend their dignity? all is attributed to dignity, nothing or very litle to holines. If cause re­quiring, thou shalt attempt to doe somewhat more submisly, or to shew thy selfe more sociable, they say God forbid; it becomes thee not; it agrees not to the time, it is not suitable to thy Majesty, consider the person which thou bearest. Of the pleasure of God there is no mention at all, no delay for the losse of salvation. Wee may call no­thing wholsome, but that which is sublime, and that onely just, which savours of glory: Thus all humility is esteemed a reproach among the Prelates. So that thou mayest more easily finde, one who de­sires to be, then to appeare humble: The feare of the Lord they repute [Page 269] simplicity, that I say not folly. A circumspect man and a freind of his owne Conscience, they calumniate for an hypocrite. Here, here I spare thee not, that God may spare thee: shew thy selfe to this people a Pastor verily, or deny thy selfe to be one. Thou wilt not deny it, least hee, whose seate thou possessest deny thee to be his Heire; Hee is Peter, who was never knowne to have gone abroad at any time, either adorned with Jewels, or silkes, or covered with gold, or carried on a white Palfery, or guarded with souldiers, or invironed with ser­vants, making a noyse round about him, yet notwithstanding hee beleived that this sacred mandate, Iohn. 21. If thou lovest me, feede my sheepe, might be sufficiently discharged without these things. In these thou hast succeeded not Peter, but Constantine. I counsaile, that they are to be tollerated in respect of the time, not to be affected as of due. I rather incite thee to these things, of which I know thee to be a debter. And although thou goest clad in purple, although in gold, yet thou mayest not abhorre either Pastorall labor or care, being the Heire of a Sheepheard; thou mayest not be ashamed to preach the Ghospell; for verily if thou doe it willingly, thou shalt have glory among the Apostles. To preach the Ghospell is to feede. Doe the worke of an Euangelist, and thou hast fullfilled the worke of a Pastor. Thou sayest, you admonish me to feede Dragons, and Scorpions, not sheepe. For this cause rather set upon them, but yet with the word, not with the sword; Why doest thou attempt againe to usurpe the sword which thou hast beene once commaunded to put up into the scabheard? which notwithstanding hee who shall deny to be thine, seemes to me not sufficiently to have considered the word of the Lord, saying thus: Put up thy sword into its sheath: therefore it also is thine, perchance at thy commaund, although not to be unsheathed with thy hand. Both swords therefore are the Churches, as well the spirituall as materiall; but that verily is to be exercised for the Church, but the other by the Church; that by the hand of the Preist; this, of the Souldier, but yet at the beck of the Preist, and the commaund of the Emperour. And in his 23. Sermon upon the Canticles hee concludes: Let the Prelates heare this, who will be alwayes a terror to those committed to their [Page 270] charge, seldome a benefit. Be instructed, ye who judge the earth: learne, that ye ought to be the mothers of your Subjects, not their Lords; Study rather to be beloved then feared: and if at any time there be use of severity, let it be fatherly, not tyrannicall: shew your selves mothers by fostering, fathers by reprehending, waxe meeke, lay aside your feircenes, suspend your stripes, produce your duggs: Let your brest wax fat with milke, not swell with pride: why doe you make your yoake heavy upon such, whose burthens ye ought rather to sustaine? Why doth a litle one bitten by the Serpent, flie from the Conscience of the Preist, to whom hee ought rather to have recourse, as to the bosome of his mother. If ye be spirituall, instruct such a one with the spirit of meekenes, considering every one himselfe least hee also be tempted. Thus this devout Father: yet notwith­standing our Saviours owne inhibition, and these Fathers com­plaints and declamations, our Lordly Prelates, both of present andSocrates Schol. Hist. Eccles. lib. 2. c. 27. 28. 42. l. 4. c. 36. l. 7. c. 7. 11. Mathew Westminster Flores Hist. An. 1247. p. 217. 28. Haddon and Fox contra Hieronym. Osorium. l. 3. f. 234. to 254. Doctor Barnes his Supplication to King Henry the 8. Thomas Beacon his Supplication, and his Reports of certaine men. ancient times, have intruded themselves into all temporall offices, and usurped both the temporall and spirituall sword into their hands, exercising not onely all maner of Ecclesiasticall, but likewise of civill Lordship, and dominion over the Ministers and Flock of Christ; and that with such tyranny, cruelty, pride, oppression, injustice, and more then barbarous inhumanity, (transcending all patternes of pagan Princes, and Tyrants,) that their very Acts and Monuments of this kinde, have surfeited all Ecclesiasticall Stories, and swolne into many folio volumes. Witnes, the French and English Bookes of Martyrs, the Mag­deburge Centuries, Catalogus testium veritatis, Theodoricus a Niem, and others De Scismate, Abbas Ʋspergensis, Sant Bridgets revelations, Mathew Paris, Alvarius Pelagius de planctu Ecclesiae, Avintine, Guiciardine, Nicolaus de Clemangiis, Onus Ecclesiae, Morney his Historia Paparus, Marsilius Pa­tavinus Defensoris Pacis, Master Tyndals practise of Popish Prelates, Roderick Mors his supplication to the Parliament, [Page 271] William Wraughton, aliàs Turner his Hunting of the Romish Fox and Wolfe, John Bale his Acts of English Votaries, his Cen­turies, and lifes of the Pope, Henry Stalbridge his Exhortatory E­pistle; and generally all others, who have written against the u­surpation, tyranny, Iurisdiction, pride, and Lordlines, both of the Popish and of our English Prelates; In so much that Pope Pastoral. pars 2. c. 6. & 8. Hom. 17. in Euan­gelia. f. 320. Gregory the first, hath long since given this true cha­racter of them; that under a pretence of Discipline, Ministe­rium regiminis vertunt in usum Dominationis; & cum regiminis jura suscipiunt ad Lacerandos subdi­tos inardescunt. Terrorem potestatis exhibent, & quibus prodesse debuerant, nocent. Et quia cha­ritatis viscera non habent, domini videri appetunt, patres se esse minimè recognoscunt: humilitatis lo­cum in elationis dominationem immutant: Etsi quandò extrinsecus blandiuntur intrinsecus autem sunt lupi rapaces. Pulvinos his exhibent, à quibus se noceri posse in studio gloriae temporalis timent. Quos verò contrà se nil valere conspiciunt, hos ni­mirum asperitate rigidae semper invectionis pre­munt, nunquam clementer admonent, sed pasto­ralis mansuetudinis obliti, jure dominationis ter­rent. Quos rectè per Prophetam divina vox incre­pat, dicens: Vos autem cum austeritate Imperabitis ijs, & cum pot [...]ntia: Plus enim de suo authore diligen­tes, jactancèr erga subditos se erigunt, nec quid agere debeant, sed quid valeant, attendunt. Nil de subsequenti judicio, metuunt, qui improbe de temporali potestate gloriantur. Libet ut licentur & illicita faci [...]n, & subditorum nemò contradicat. (A true Character of our present Prelates;) It isSocrates Scholast Ec­cles. Hist. l. 4. c. 36. storied of one Moses, a Monke, whom Queene Mavia and the Sa­racens [Page 272] under her chose to be their Bishop upon their embracing of the Christian faith; that when Lucius Bishop of Alexandria would have given him orders, hee refused to receive orders at his hands, reasoning with him in this sort: I thinke my selfe unworthy of the Preistly order, yet if it it be for the profit of the Common-weale, that I be called unto the function, truly thou Lucius shalt never lay hand upon my head. For thy right hand is imbrued with slaughter and bloodshed. When Lucius said againe, that it became him not so contumeliously to revile him, but rather to learne of him the pre­cepts of the Christian Religion: Moses answered: I am not come now to reason of matters of Religion, but sure I am of this, that thy horrible practises against the Brethren proove thee be altogether voyd of the true principles of Christian Religion: For the true Christian striketh no man, revileth no man, fighteth with no man: For the servant of God should be no fighter: But thy deeds in exiling of some, throwing of others to wilde beasts, burning of some others, doe cry out against thee. And doe not our Prelates Ex Officio Oathes and Proceedings; their Excommunications, Depriva­tions, Suspentions, degradations, heavy fines, and imprison­ments, their casting of the best and painefullest Ministers out of their freeholds, benefices, functions; their violent breaking open and ransacking of mens howses, studies, writings, upon small or no occasion; their committing of men close prisoners, and making havack of Christs Flock in every place; their suppressing Lectures, preaching and all private Christian exercises, cry out against them, as much as ever Lucius his cruelties did against him.In Ioan. c. 10. See Bishop Bil­son his true difference betweene Christian Subjection and Vnchri­stian Rebell. p. 114. Albertus Magnus: gives this description of the Pre­lates in his age. Those which now rule in the Church, be for the most part theives and murtherers, rather oppressors then feeders, rather spoylers then tutors, rather killers then keepers, rather perverters then teachers, rather seducers then leaders. These be the Messengers of Antichrist, and underminers of the flock of Christ: And may not wee verifie the like of many Bishops now?A [...]nalium Bonorum. lib. 6. praefat. Aventinus [Page 273] writes thus of the Bishops in his time: I am ashamed to say what maner of Bishops we have, with the revenues of the poore, they feed houndes, horses, I need not say whores; they quaffe, they make love, and flee all learning (preaching, grace, and holines) as in­fection. Such is the misery of these times, wee may not speake that wee thinke, nor thinke that wee speake. As for the sheepe committed to their charge, to sheere them, strip them, kill them, as every man list, under a pretence of devotion, is now an ancient Custome. And is not this Custome still continued? What remedy therefore may be now prescribed for this old Malady, or punishment for these excesses? I read thatSocrates Scholast. Eccl. Hist. l. 2. c. 42. in the Greeke 33. in the English. Basilius other­wise Basillas, Bishop of Ancyra, was deprived of his Bishopricke, for that hee cruelly tormented and imprisoned a certaine man, (as our Prelates have many score) forged slaunders, and disquieted divers persons thereby, and molested the quiet estate of the Churches in Africke. And I finde it resolved by theHostiensis, l. 5. f. 464. Canonists in their Titles De Excessibus Praelatorum; (A Title very ancient and copious,) That if a Prelate exceeds measure in correcting his Sub­jects, or be over-tyrannicall and severe, hee ought to be deposed for it: yea Summa Angelica, Irregulari­tas, 21. if hee thrust any person under his Jurisdiction into prison, so as hee dieth by reason of his vexation within a short time, (as many have thus died under our Ptelates hands, not onely in Queene Maries dayes, but since, even in our times, hee thereby becomes irregular, as having his hand in blood, and may be therefore depri­ved even by the Canon Law. Our Prelates therefore as they are irregular for their cruell oppressions, imprisonments, excesses, and tyrannicall proceedings, (yea ipso facto Excommunicated for making, printing, and publishing, Visitation Articles, without the Kings authority, and causing his Majesties Subjects to submit unto them, by the expresse provision of their owne 12. Canon, and so Gratian Causa 9. Quaest. 1. Causa 11. Quaest. 3. Hostiensis, l. 5. De Sen­tentia Ex­communi­cationis. Summa Angelica & Summa Rosella. Tit. Irregularitas & Excommu­nicationis, and other Canonists in those Titles. unable to exercise any Ecclesiasticall Jurisdiction whatsoever [Page 274] all their proceedings and Censures being now in this regard, (if not their orders too, meere nullities in point of Law, and their very com­pany to be abandoned by all, as being both irregular and excommu­nicated;) so they very justly demerit to be deprived of their Bishoprickes, and made all Quondams for the same:31. H. 8. c. 10. 37. H. 8. c. 17. Fox Acts & Monuments p. 999. 1000. An­tiquitates Eccles. Brit. p. 386. 388 389. King Henry the 8. to vindicate his Prerogative in causes Ecclesiasticall from the Popes and Prelates usurpations; and to manifest to the Prelates, that all Ecclesiasticall Jurisdiction, was originally vested in, and to be derived onely from him, and that hee might at his pleasure take it from his Prelates, who enjoyed it meerely by his Grace, and delegate it to whom hee pleased, though meere Lay­men: created a meere Lay-man, to wit, Thomas Lord Crum­well, Lord Privy Seale, his Vice-gerent for the due administration of Justice to be had in all cases, & cases touching the Ecclesiasticall Ju­risdiction; to overtop the proud ambitious Bishops, inquire after, visit, and correct their excesses, and exorbitant misdemeanors, and overlooke their actions, lives, proceedings, to keepe them in good order and within their bounds, and for the Godly reformation and redresse of Errors, Haeresies, and abuses in the Church of England. And the Statute of 31. H. 8. c. 10. yet in force, enacts, That the said Lord Crumwell, having the said office of Vicegerent, and all other persons, which hereafter shall have the said office of Vicegerent, of the grant of the Kings Highnes, his Heires or Successors, shall sit and be placed aswell in this present Parliament, as in all Parlia­ments to be holden hereafter, on the right side of the Parliament chamber, and upon the same forme that the Archbishop of Canter­bury sitteth on, and above the same Archbishop and his Successors, and shall have voyce in every Parliament to assent or dissent, as other Lords of Parliament. The Lord Crumwell vested with this Ecclesiasticall Authority, both by 31. H. 8. c. 10. Fox Acts and Monuments p. 999. 1000. 1001. 1005. An­tiquit. Eccl. Brit. p. 389. 399. Letters Patents from the King and this Act of Parliament, held a generall Visitation in all Dio­cesses of the Realme over the Archbishops, Bishops, Archdeacons themselves, as well as over the Laity, inquiring after and correcting their abuses, prescribing Injunctions, Rules and Orders to them, both for the Reformation of Religion, the abolishing of Super­stition [Page 275] and Idolatry, the correction of their exorbitant proceedings, excesses, lives and maners, appointing 37. H. 8. c. 17. Laymen by Letters Pa­tents under the Kings great Seale, to be the Kings Ecclesiasticall Judges, Visitors, Vicars Generall, Commissaries, Chauncellours, Officials, Scribes, and Registers, (not the Bishops,) and to exer­cise all maner of Ecclesiasticall Jurisdiction and Censures in every Diocesse, from, by and under his Majesty, and by his authority; as his immediate officers not the B [...]shops; (whom hee discharged from this trouble both to curbe their ambitious domineering humors, and to make them more diligent in preaching and in­structing the people, the cheife end for which they were ordained Bishops, Christianae Reipublicae non minus necessaria est Praedicatio Euangelij, quàm Lectio; ET HOC EST PRAECI­PVVM EPICO­PORVM MVNVS. Sessio 5. De Reformatio­ne, c. 2. even by the Councell of Trents resolution, and the maine part of their Episcopall function.) And with all, hee kept a speciall Visitation, An. 1538. of all the Abbies, Priories and religious houses throughout the Realme, enquiring most strictly into their lives, and vices, discovering in them such horrible detestable Sodo­my, Buggery, Adultery, Whoredome, Luxury, beastlinesse, and sinck of all maner of sinne, both by their owne confessions, and wit­nesses, as would make all modest, chaste and pious Christians, yea morrall Pagans to stand amazed; as the inquisitions themselves and their owne confessions in the Exchequer Records, mentioned by John Balaeus Scriptorum Brit. Cent. 8. c. 75. Appendix, p. 665. Speeds History of great Brittaine, p. 1042. 1043. 1044. Henry Steven his Apology for Herodotus, c. 21. f. 183. Iohn Weever his ancient funerall Monuments Lond. 1631. Bale, Bishop Osyris, and John Speed, and transcribed lately by Master Weever, among other ancient Monuments, re­cord to all posterity, to their perpetuall infamy. Whereupon these cages of uncleannes, and infernall Stewes were fortwith dissolved by Act of Parliament, and these monstrous Sodomities, and Devils incarnate, in the shapes of men, thrust out and punished, according to their deserts. Fox Acts and Monuments, p. 1181. 1182. 1187. 1192. 1193. 1209. 1233. Queene Elizabeths Injunctions, and the Articles of inquiry prin­ted with them. Bishop Iewels life before his workes, Sect. 25. Speeds Hist. p. 1156. Antiquit. Eccles. Brit. p. 386. 388. 389. 398. King Edward the 6. and Queene Elizabeth, [Page 276] treading in this their Royall Fathers footesteps, appointed and constituted Vicegerents and Visitors under their great Seales, the cheife whereof were Laymen, to visit both the Bishops Clergy and Laity in every Diocesse, within the Realme, w [...]th both the Ʋni­versities of Oxford and Cambridge, and to correct, redresse and re­forme all maner of Errors, Haeresies, Schismes, abuses, offences, con­tempts, enormities, sinnes and vices whatsoever, punishable by any Ecclesiasticall Law, and to setle all things both in po [...]nt of Doctrine and Discipline, according to the Articles of Religion established, and their Royall Injuctions; published under their great Seales, by the advise of their Councell, and 32. H. 8. 26. 1. Ed. 6. c. 1. 3. & 4. Ed. 6. c. 10. 11. 12. 5. & 6. Ed. 6. c. 1. 5. 2. & 3 E. 6. c. 1. 1. Eliz. c. 1. 2. 5. Eli. c. 1 8. Eliz. c. 1. Authority of Parliament enabling them to publish such Injunctions; these their Visitors having Authority Ecclesiasticall in every Diocesse paramount the Bishops themselves, by vertue of their Commissions and Letters Patents. A cleare evidence, that the power of keeping visitations, is a cheife part, of the Kings Ecclesiasticall Prerogative specially united to the Crowne, by severall Acts of Parliament, that no Prelate or person, may or ought to usurpe and exercise it, (as the Archbishop of Canterbury hath lately done, and pleaded that hee ought of right to visit, not onely his Province, but both Universities in his owne inherent Archiepiscopall right, and name, not as his Ma­jesties Visitor, and in his name and right alone, which they were content at first, hee should doe,) by 26. H. 8. c. 1. 31. H. 8 c. 10. 37. H. 8. c. 17. 1. E. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. speciall Letters Pa­tents, under the great Seale, by, from, and under his Majesty, as his visitors and vicegerents onely, and in his name and right alone; and that, as no Archbishop, Bishop, or other Ecclesiasticall person, may or ought by Law to visit any of the Kings free-chaples, Dona­tives, Hospitals, Abbyes, or Peculiars, though within his Diocesse, and precincts, (and by consequence the Universities and seve­rall Colledges in them, many of them being of Kings founda­tions, all of them having speciall Visitors appointed them by the founders, by speciall Patent from the King) but by a speciall Commission from the King under his great Seale, without incur­ring both an Attachment and Praemunire, and as the King by his Royall Prerogative may exempt any place or person at his pleasure [Page 277] from all Episcopall Jurisdictions and visitations, as many 8. Ass. 29. m. 16. E. 3. Fitz Breife. 660. 20. E. 3. Fitz. Ex­com. 9. 21. E. 3. 60. 27. E. 3. 85. a. Register pars 2. f. 40. 41. 43 Fitz. Nat. Brev. 42. a. 50. l. Cromptons Iurisdiction of Courts. f. 97. a. Dyer. 273. a. Cooke 5. Report. Cawdries case. f. 9. 10. 15. 11. Re­port f. 91. Institutes on Litleton. f. 96. a. 344 a. Sir Iohn Davis his Irish Reports 42. 46. 47. 48. Brooke Praemunire. 21. Hil. 2. Iac. B. R. Gayard and Fairechilds case 2. H. 5. c. 1. 25. H. 8. c. 21. 14. Eliz. c. 5. Sta [...]ford. l. 3. c. 38. f. 111. 1. H. 7. 23. 25. Law Bookes, Eadmerus Hist Nov l. 1. p. 6. and Master Seldens Notes ibid. p. 165. 166. Antiquit. Eccles. Brit. p. 386. 388. 389. 398. 399. Histories, yea and the Summa Angelica & Summa Rosell Tit. Exemptus. 3. 4. 5. Mauritius de Alcedo De Praecellentia Episcopalis dignitatis. l. 2. c. 2. n. 50. p. 190. Fuscus de Visitatione. l. 2. n. 21. Azorius, Instit. Moral. pars 2. l. 1. c. 90. qu. 10. Franciscus Leo, in The­sauro, pars 2. c. 2. n. ult. Perez de Capellanis, l. 2. c. 1. n. 49. Barbosa Allegatio. 75. n. 2. 16. Canonists themselves, to­gether with the Sessio. 22. de Reformatione, c. [...]. Councell of Trent expresly resolve; So like­wise that no Bishop may, can or ought by Law to keepe a visitation within his Diocesse, without a speciall Patent from the King, (as appeares by Bishop Ridlies, Coverdales, Scories, Ponets and many other ancient Bishop Patents, the Statutes of 31. H. 8. c. 10. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. 8. Eliz. c. 1. and other statutes,) the King being as absolute a Monarch, King, Go­vernour, in and over all Ecclesiasticall persons and causes in eve­ry Bishops Diocesse, as in and over his owne frank-chaples, Do­natives and Peculiars; which no Prelates dare or can deny; since in the very Oath of Supremacy and Allegiance, (which the Arch­bishops are the first men, enjoyned to take as likewise to in­struct,) they make this profession and solemne protestation, I doe vtterly testifie and declare in my Conscience, that the Kings Highnes is the only supreame Governour of this Realme, & all other of his Heighnes Dominions and Countries, (therefore in and of their Diocesse,) as well in all spirituall, or Ecclesiasticall things or causes, as temporall. Seeing therefore our Prelates are lately growen so insolent, as to claime and exercise all their Eccle­siasticall Episcopall Iurisdiction, and the power of visitation to, by a divine right and Title onely, not by any power, Patent or Commission from the King; seeing they have made so many [Page 278] grosse encroachments, both upon the Kings Prerogative Royall, the Lawes, the Customes of the Realme, and the Subjects Rights and Liberties, which they everywhere trample under their feete: And since they are growne so exorbitant, irregular, tyrannicall, oppressive, vindictive; so onerous and intollerable to the Subjects, both in their Consistories and visitations, but espe­cially in their High-Commissions, where they make the Kings Commission and Authority a meere engine and stratageme to erect and inlarge their owne meere Papall Antichristian Iuris­dictions and usurpations, which they challenge by a Divine (but in truth a Papall) right, thereby chrushing and questioning all such, who out of conscience towards God, or Loyalty to their Soveraigne, dare make any just or legall opposition against the same, or refuse to submit thereto; And since the Statute of 31. H. 8. c. 10. authorizeth both the King his Heires and Successors, to make a Vice-gerent generall in causes Ecclesiasticall, though a meere Layman, to take place of the Archbishop of Canterbury, and all other Prelates of the Realme, and their Successors, both in Parliament, and elsewhere, to curbe and restraine their exorbi­tant usurpations both upon the Kings Prerogative, Lawes and Subjects Liberties; to overlooke their actions, maners, lives, proceedings; to correct their severall misdemeanors, encroach­ments, excesses, tyrannies, oppressions, exactions, abuses, and to visit these great Lords and Visitors themselves: Whether it will not be meet and expedient for his Majesty both in point of Ho­nor, Iustice and Policy, to constitute such a Lay Vice-gerent ge­nerall, by his speciall Letters Patents, to checke the insolency and domineering humor of our present Lordly Prelates, and to visite, inquire out, punish, redresse all their forementioned disloyall encroachments, both upon the King and Subject, for the better preservation of the Prerogative of the one, the Liber­ties of the other, the releife of all oppressed Subjects, the better execution of Iustice in all Ecclesiasticall Courts and causes, and the exemption of the Prela [...]es from all unnccessary cares and toubles; which now so take them up, that they have neither time [Page 279] nor Will, diligently to teach and instruct the people in matters of salvation, asTract. 9. 12. 16. 20. 21. 27. 29. 35. 37. 38. 50. in Ioan. Tract. 1. 4. 6. 10. in 1. Epist. Ioan. De verbis Domini in Euangelia. Serm. 15. 21. De ver­bis Apostoli. Serm. 5. 6. 7 Sant Augustine, Sant De Sacram. l. 4. c. 6. l. 5. c. 1. Ambrose, Catech. O­ratio. 7. 14. Catech. Mystago. 2. Cy­ [...]ill, Homil. 3. 4. 5. 6. 7. 9. 10. 13. 28. 33. 44. to 62. on Genesis. Chrysostome, Homil. 10. in Genes. Hom. 9. in Isai. & con­tra Celsum. lib. 8. Nece­phorus, Ec­cles Hist. l. 12. c. 34. Origen, and other Fathers of old, and Bishop Fox Acts and Monuments, p. 1115. 1559. 1579. 956. 1366. 1153. 428. Bishop Hoopers Protestation of his faith to King Edward the 6. and the wh [...]le house of Parliament, Anno 1550. Hooper, Bishop Latimer, Bishop Ridly, with other of our Martyrs and Godly Prelates of later times have done, who [...]eached every day in the weeke and yeare at least once, or twice, [...]ithout faile, as the marginall authorities evidence, whereas Bishop Latymers Sermon of the Plough. our Prelates thinke it much to preach once or twice a yeare, and then not [...]o the people of their Diocesse, (which halfe of them have not done,) (but at the Court alone;) they being of the Bishop Fox Acts and Monuments, p. 1153. of Dunkeldens mind, that they were not ordained to preach, but to be Lordly Loyterers, beare rule, and keepe off other painefull Mini­sters from diligent frequent preaching, for feare their paines should proove their shame, and make the people beleive, that were bound to preach as much, or more then other Ministers, because they have better hire. I here humbly referre to his Majesties pious care and Princely wisdome, who may now justly and safely follow the Royall steps of his Famous Progenitors in this particular, with­out any scandall, offence, or innovation, to the releife and joy of all his Loyall and oppressed Subjects.

I shall begin to close up this Breviate with the words of Nicholas de Clemangiis, in his excellent Booke, De corrupto Ecclesiae statu, chap. 14. to 20. where hee thus paints out in live­ly coulours. the maners, practises, oppressions, designes, and lives of the Prelates and their Officers in his age, and ours too: Those who at this day are promoted to the dignity of a Bishop, accor­ding to the maner of their professions, with great earnestnes on [Page 280] every side, greedily gape after gaine, not verily of soules, but of purses rather, the gaine whereof they seeke out every where: they burne after gaine, they repute gaine godlines, they doe nothing at all but that which they beleive, way sufferagate to collect many upon any occasion; for which they wrangle, contend, chide, goe to Law, taking the losse of ten thousand soules more patiently, then of 10. or 12. But I justly reprehend my selfe who said, more patiently, when as they take the losse of soules with no motion or perturbation of mind, of which there is not onely with them no care, but not so much as any thought; yet they undergoe even the smallest losses of any part of their estate, almost with a furious and distracted mind. Moreover, if peradventure any Bishop or Pastor shall arise, who will not walke after this maner, or who contemnes money or damnes covetousnes, who finally will not every way, whether just or unjust, extort money from his Subjects, or study to gaine soules by wholsome exhortation or preaching, and meditates more in the Lawes of the Lord, then in the Lawes of men, presently all their teeth are set on edge to bite him: they Now they cry out on him as a Pu­ritan besides. will cry him up to be altogether an unfit man, not worthy of the Preisthood; because hee being ignorant of Humane Lawes, is not fit to defend his rights: knoweth not how to governe, punish, and restraine his Subjects by Canonicall Censures, and hath learned no­thing else, but to give himselfe even to a Laysie idlenes, or to preaching which they openly affirme, to be the office of Mendicants, enjoyning no temporall care, or administration, which may possesse their minds with a more profitable occupation. Therefore now the studies of (he sacred Scriptures, with their professors are turned into laughter, and a mocking stock with all men; and which is most prodigious, especially towards Prelates, who preferre their owne traditions farre before Gods Commaundements. That egregious and most ex­cellent office of preaching, attributed onely to Pastors or Bishops in times past, and principally due to them, hath now And is it not so with our Prelates now, some of them having not preached one Sermon in 12. yeares space and most of them but one Ser­mon or two at most in a yeare. waxed so vile with them, that they thinke nothing more unworthy or dishonourable to their dignity then it. But loe, whilest I consider the proper sick­nesses of the Court of Rome, I am fallen upon those vices, which are common with them, even to other Prelates: Which yet I will [Page 281] handle more particularly in a succinct relation, because I have a fit place. First it ought not to seeme strange or a wonder unto any, if our Prelates principally study, to scrape together moneyes on every side, if being thinne, leane, and empty, they study to fat themselves with the juice, wooll, and milke of their sheepe, of whom it appeares, they were made Pastours at so deare a rate. For flies (as the pro­verbe is,) pined with leannes bite more sharply. Likewise all living Creatures consumed with famine, are carried more greedily to the prey. For although before the undertaking of their Episcopall cure, they were very wealthy; (neither are indigent men wont to be ad­mitted thereunto,) yet by the Ministry conferred on them, they ought at least to empty their purses for the most part. Wherefore justly and not without cause, they make it their cheifest labour to re­plenish them againe. And by the Example of a wise husbandman, that they may gather the seed, they have sowed with increase and great returne, and againe recover and diligently enlarge their de­minished Substance, like most vigilant tradesmen, they expose all their wares to sale to all who need them. If any Clerke among them for theft, for Homicide, for rape, or sacriledge, or any other enor­mious crime be cast into prison and adjudged to the dungeon there, to eate bread and water, hee shall so long be liable to punishment, and suffer for his offences as a guilty person, untill hee shall pay the money demaunded of him, according to the measure of his revenues or goods. But when hee shall doe this hee is set at large, and suffered to goe away like an innocent, every Error, all wickednesses, although they are capitall, are released and blotted out by money. For what shall I speake of the exercise of this Jurisdiction, which is so Thus is it now. vio­lently and tyrannically governed, that at this day men rather choose to undergoe the Judgements of the most cruell tyrants, then of the Church. It cannot be expressed how great evils those wicked Inquisitors of crimes which be called promotors or Apparators, doe unto the people. Thus our Bishops Ap­paritors serve his Majesties Subjects at this day. They oft times call simple and poore husband­men, living, an harmlesse life in their cottages, and ignorant of the Cities fraud, into their Courts, for a thing of naught, they diligently feine causes and crimes against them, vexe, terrifie, threaten them; [Page 282] and so by these meanes compell them to compound and agree with them. Which if they refuse to doe, they dayly serve and infest them out of measure with frequent Citations; and if once hindred by any occasion, they shall faile to appeare, presently they are struck with the Sentence of Excommunication as Rebels and contumacious. But if they shall continue to appeare at the day as oft as they shall be called; they will hinder their audience at the Judges tribunals, they will lay hold of delayes and subte [...]fugies, of imparlances, and interlocutions, which are very easily obtained from Ecclesiasticall Courts; that so being tyred out with long delay, and great losse of their time, they may be compelled to redeeme their future vexation, and expenses, with a Summe of money, least they should incurre a heape of infinite expences, for a small or no offence, or for a litle debt. Now I pray, what a thing is this, that in most Diocesse Rectors of parishes doe everywhere keepe Concubines at a certaine rate and hire, which they agree for with their Prelates? That all excesses and vices of Subjects, and all offices, even in Court of Judicature, are publikely sold by them? But to those of which wee have spoken, and shall speake, these things are good. But how is this to be endured, that no man comes to a Clerkeship, It is not so now with our Prelates. or to a sacred order, or to any Eccesiasticall degree, but by reward? that none bestow sacramentall grace, or imposition of hands, unlesse hee shall give a certaine price before hand? that they make all Confessions, Absolutions, Dispensations veniall? that if any benefices are devolued to their disposition, they bestow them for gaine, or give them to their bastards, or to stage players? Now if any man peradventure shall object that Euangelicall saying to them: Freely ye have received, freely give: they want not what they may presently answere; that they did not freely receive, therefore they are not bound by the Text, freely to give. Finally, they say, that those Bishops onely are bound by this sentence, who have obtained their Pastorall office, without any disbursement at all. Therefore no man (but hee who strayes farre from the truth,) may expect, that grace should be thus sold by equity, for how is it grace, if it be not freely given? unlesse wee will deeme it false, that that pestiferous Sorcerer was reprehended by Peter, with a direfull [Page 283] malediction, who thought that the gift of God might be purchased with money. Now from this fountaine that copious multitude of vile and most unworthy Preists hath issued. For that they might receive greater gaine by conferring Orders, they admit all as many as shall come with none or litle difference, to those titles which they shall aske, (unlesse perchance there be some so oppressed with poverty, that they are not able to pay for orders:) there is no examination of their forepast life, no question of their maners. Con­cerning their Letters and learning what bootes it to speake, when as wee see that almost all Preistes can scarce reade, and that way­wardly, and by sillables, without any understanding of the things or words. What fruite therefore, what audience shall they obtaine by their prayers, either to themselves or others, to whom that, which they pray is barbarous? How shall they reconcile God by their prayers unto others, whom they have made offended with themselves with their ignorance, their filthines of life, and by their ministry? If any man at this day be idle; if any abhorring labour, if any be willing to riot in idlenes, hee flies to the Ministry; which having obtained hee forthwith associates himselfe to the other Preists, who are followers of pleasures; And doe not many of the Clergy now a dayes doe this. Who living more after Epicures then after Christ, and di­ligently frequenting Alehouses consume all their time in drinking, re­velling, pransing, feasting, playing at tables and at ball. And being surfeted and drunken, they fight, they warre, they make a tumult, they curse the name of God and of his Saints, with their most polluted lips. And thus composed, at last, they come from the very em­bracements of their harlots to the divine Altar. But I returne to our Bishops, who being educated in all lubricity from their youth, they introduce such witnesses, that I may soo speake, Ministers, into the Church, whose acts are memorable, this ought not to be pre­termitted by me; that many of those who have obtained the top of a Pastorall dignity, and have enjoyed the same for many yeares, Some of our Prelates too are guilty of this, that they never saw some of their Diocesse, yet they have fleeced them by their De­puty Visitors. have never entred into their Cities, have never seene their Churches, have never visit their places or Diocesse, have never knowne the faces of their flockes, heard their voyce, felt their woundes, unlesse per­chance those woundes which themselves have inflicted on them with [Page 284] their rich spoyles by strangers, and hirelings. I have said strangers, because even they themselves are hirelings, who seeke not the custody, safety or profit of their flocke, but onely the retribution of a temporall reward. Therefore they themselves are hirelings, having onely the name of a Bishop, because the thing signified by the name is farre from them. For the name of a Bishop signifieth a Watchman or Superinten­dent: Behold (saith the Prophet) I have made thee a Watchman to the house of Israell. But these verily watch not at all over the flock, they oversee nothing, they looke to nothing: they take the care of their owne body, they feed themselves and not their sheepe, not greatly weig­ing what accident may happen to the sheepe, whether they die con­sumed, either with sicknes or famine, so as themselves may gaine any thing by their death. A good ex­cuse for our Prelates, who are more temporall then spiritu­all, more deeply occu­pied in State then Church, in earthly then heavenly affaires. But peradventure some man will say, that they may justly be pardoned: if they seldome goe to their Diocesse, or more slowly visit their litle flockes; because being sent for to be Princes Counsels, they handle the great affaires of the Kingdome, & governe, defend, support the Common-wealth, which rests upon their shoulders, and would otherwise most greivously fall to ruine; which seemes to be more Laud-worthy, then to consult their owne private affaires. First I will by no meanes grant them this, that they are willingly called out by Princes of their owne accord to be Consellers of state, but they ob­taine it with great suite, costs and intercessions of freinds; Note this well. not verily out of any zeale or care of the Republike, of which they have no love or charity at all; but for the stipends and large gifts which accure unto them from thence, that living upon other mens costs they may treasure up the revenues of their owne Churches. Finally what profit bring they to the languishing yea almost dying, and now well nigh­buried Common-weale? Would to God they brought no destruction thereunto! What I pray you? doe they profit in this thing, that they in­vend Note well. So Master Tyndall in his Obedience of a Christian man. p. 116 writes thus of Bishops. I passe over with silence how they teach Princes in every land to lade new ex­actions and tyranny on their Subjects more and more dayly, neither for what purpose they doe it say I. God I trust shall shortly disclose their jugling, and bring their falshood too light, and lay a medicine to them, to make their scab breake out. all the burthens of taxes, and tributes, with which the people [Page 285] are at this day charged, by their subtility and suggestions, and that being invented, they heape them one upon another, and cause them to last for so long a time? whence even long agoe there hath beene a Custome in this Kingdome (France hee meanes, which is now true of England likewise,) that some Bishops are set over such exactions, and determine the causes and complaints concerning them. Whether doe they herein profit the Republike, that being called to the Counsell and commaunded to speake their opinions, they perswade those things which they know, will rather please the Prince, then profit the Com­monwealth? that oft time being led with bribes, oft times with fa­vour, oft times with hatred, oft times also with feare they sug­gest to the eares of their Lords, not just, not true, not sincere things, but perverse and hurtfull things, covered over with fallacie? Furthermore, doe they helpe the Common­wealth in this thing, that they oft privily inculcate, that greater allowance is to be contributed to those Rectors who administer it, and more then the common allowance? For what themselves doe it is likely, that being consulted, [...] they likewise exhort others to doe, least their words and astions should filthily disagree and fight betweene themselves. A good question to be put to our Prelates. Finally, which of them is a Defender of the poore, a comforter of the afflicted, a releiver of the oppressed, who a patron for the fatherlesse, who a protector to the poore widdowe against the false accuser? Yea verily who is more estranged from the compassionating and commiserating of any distressed poore people then they, and truly too, doth the Prophet I say speake under the Image of the Princes of the Sy­nagogue, of whom these, although they are their Successors in wickednesses, in respect of time, yet peradventure they may be rightly termed their predecessors in vilenesse; Thy Princes are treacherous and companions of theives, every one loveth guiftes, and followeth after rewards, they judge not the father­lesse, neither doth the cause of the widdowe come unto them. But it is a wonderfull thing what that meanes, that now almost every Bishop receives yearely almost sixe, seaven, or ten thousand Crownes from the Church, of which hee is [Page 286] president, but not above one thousand Crownes from the King for his stipend, and Note this well. yet hee leaves the care of his Church, and of the fold committed to him for the service of the Kingdome. Ought hee not at least like an hireling to serve him who giveth the greatest wages? But their answere to these things is at hand. For although that be more, which the Church giveth them, than what the Prince, yet that office joyned to the greater, makes the summe the bigger, and too good things are better then one. Further the fruits that are given them by the King, they know they shall not receive, unlesse they waite at the Kings elbow; but those which accure unto them from their Churches they know shall be given them, though they be farre off, and free from service. What and if they impute no doubt their promotion made at the instance of the King, to the King him­selve, and not to God, nor to the Church? Therefore like gratefull men, no wayes forgetfull of him by whome they have obtained grace they deservedly according to the vicissitude of obedience more willing­ly referre their service and obedience unto them. The Pre­lates Court Lesson. What and if they have learned to serve Kings, and not God, nor the Church? What and if they have sought their Miter, not with an intention of of exercising any office in the Church, but of obtaining quietnes and case in greater aboundance? What and if by reason of their ac­customed wages they helpe to obtaine many small things openly, yea and many small things openly by importunity, which serving in their Churches they could not obtaine? But at least thou wilt say, they there helpe their owne Churches, that they be not burthered or op­pressed, Note his. yea they themselves oppresse both their owne and others, whiles they lay taxes upon them, at the will of the secular powers. For lest they should be reprooved by the Noblemen, whose busenesses they agitate, and whose Counsels they frequent, that they favour their Churches more then is meet, as oft as it shall happen that any thing is in agitation concerning the Church, they insult more grie­vously against it, then any of the Layty. Rarely happens there any affliction to these calamitous Churches, which may not derive its originall from these their proper sonnes. But why doe wee so greatly accuse their absence from their Sees? when as if they were there per­sonally [Page 287] present, they might in all likelyhood doe more hurt then good For what, I pray, doe they profit, who in the revolution of the whole yeare tuter their Church but twice or thrice? who spend whole dayes [...] hauking, and hunting, in playes and wrestling? who passe over whole nights without sleepe in most accurate banquets, in claping of hands and daunces, being likewise effeminate with maydens: who by their filthy example lead their flocke by bywayes into a precipice; who being yet beardles youthes, scarce gone from under the ferrula, flie to the pastorall Magistracy, and know so much concerning it as they doe of a Pilots office. It is very difficult and hard to deter­mine, which of them doe more hurt to their flocke: whether these who forsaking it, and committing it to wolves, are conversant with ruffins and parasites in the Court; Or those rather who keeping re­sidence, vexe it by rapine, neglect it by carelesnes, precipitate it by error. For although I may rightly call both of them hirelings, yet I have spoken too litle in regard of the thing it selfe, both of them are more fitly to be tearmed The Bis­hops true Christian name. wolves, for both of them act the part of wolves; the devoure, scatter, teare, and carry away: These verily by themselves; but those, for themselves by others. I per­ceive, that I have insisted longer then I thought at first in these ex­cellent services of our Angels, (for so the holy Scriptures terme Prelates,) but thououghtest to grant pardon to so great a multi­tude of things, which I could not.

To him I shall onely annexe the words of William Wraughton, in his Rescuing of the Romish Fox, ded [...]cated to King Henry the 8. Wee have put downe; (saith hee) to Win­chester of your Orders of the world. There remaine yet two Orders of the worldye in England; that is the Order of Pompous and Popish Bishops, and Grey Friers. Which if they were put downe as well as the other put downe before, I reckon that there should be no Kingdome, wherein Christ should more raigne then in England. And of Rodericke Mors, sometimes a Grey Frier, his me­morable passage in his Complaint to the Parliament-House of England, about the 37. of King Henry the eight, ch. 23. 24. [Page 288] No doubt (writes hee,) one Bishop, one Deane, one College, or house of Canons hath ever done more mischeife against Gods word, and sought more the hinderance of the same, then ten houses of Monkes, Friers, Chanons, or Nunnes. The Kings Grace began well to weed the Garden of England, but yet hath hee left standing (the more pitty,) the most foulest and stinking weedes, which had most need to be first plucked up by the rootes, that is to say, the pricking thistles and stinking netles, which still standing; what helpeth the deposing of the petty members of the Pope and to leave his whole body behinde, which be the pompous Bishops, Canons of Colleges, Deanes and such other? Surely it helpeth as much as to say, I will goe kill all the Foxes in Sant Johans woode, because I would have no more Foxes bred in all England. Which well pondered, wee may say and lie not, that the Pope remaineth wholly still in England, save onely, that his name is banished. For why his body, (which be Bishops and other shavelings,) doth not onely remaine, but also his tayle, which be his filthy traditions, wicked Lawes, and beggerly Ce­remonies, (as Sant Paul called them,) yea and the whole body of his pestiferous See William Wraughton his hunting of the Romish Fox: who excellently and fully prooves, that the Canon Law is the Popes Law, and that the Pope doth & will continue her as long as the Canon Law doth remaine in use. Canon Law according to which judgement is given through out the Realme: So that wee be still in Egypt, and remaine in Captivity, most grievously laden by observing and walking in his most filthy drosse aforesaid, which is a mysty and endlesse maze. And so long as yee walke in those wicked Lawes of Antichrist the Pope, and maintaine HIS KNIGHTS THE BISHOPS, in such inordinate riches and unlawfull authority, so long say I, ye Note well what ensueth. shall never banish that monstrous beast the Pope out of England, yea and it shall be a meanes in processe of time to bring us into temporall bondage also againe, to have him raigne as hee hath done, like a God. And that know our forked caps right well, which thing maketh them so boldly and shamelesly to sight in their Gods quarrell, against Christ and his word, &c. The Bishops by their subtilities and most crafty wiles, make the people to abhorre the name of the Pope of Rome for a face, and compell them to walke in all his wicked Lawes. And the word of God which we say we have received, is not, nor cannot be suffered to be preached and taught [Page 289] purely, and sincerely without mixing it with their invented tradi­tions and service. Wherefore to open the Conclusion of this litle lamentation; if yee will banish for ever the Antichrist the Pope [...]ut of this Realme, yee must fell downe to the ground those rotten posts, the Bishops, which be cloudes without moisture, and vtterly abandon all and every of his ungodly Lawes, Traditions, and Cere­monies. Now will I speake no further against the particular Pope, forasmuch as every Bishop is now a Pope, and yee may plainely see, (by all the premises,) that the proud Prelates the Bishops (I meane) be very Antichrists, as is their Father of Rome. Thus hee, to whom I shall subjoyne Henry Stalbridge his Exhortatory Epistle, to his dearely beloved Countrey of England, against the pompous Popish Bishops thereof, as yet the true mem­bers of their filthy Father the great Antichrist of Rome, printed at Basil, in King Henry the 8. his dayes, with whose words I shall close up this breviate: I say yet once againe, (writes hee) and that in the Seale of the Lord, as hee is my judge, I wish, (if his gra­cious pleasure so were,) that first the Kings Majesty, and so forth all these, unto whom God hath given power and authority upon earth under him, may throughly see and perceive how that not onely the bloody beare wolfe of Rome, but also the most part of the other Bishops, and stout sturdy Canons of Cathedrall Churches, with other petty proulers and prestigious Priests of Baall his malignant mem­bers in all Realmes of Christendome (especially here in England,) doth yet roare abrode like hungry Lions, fret inwardly like angry Beares, and bite as they dare like cruell Wolves, clustering together in corners, like a swarme of Adders in a dunghill, or most wily subtill Serpents, to uphold and preserve their filthy Father of Rome, the head of their bawdy brood, if it may be. Note. No lesse doe I judge it, then a bounden duty of all faithfull Ministers, to manifest their mischeifes to the universall world, every man according to his Talent given of God, some with penne, and some with tongue; so bringing them out of their old estimation, least they should still raigne in the peoples consciences to their soules destruction. An evident example have they of Christ thus to doe, which openly rebuked their [Page 290] filthy Fore-fathers, the Scribes, Lawyers, Pharisees, Doctors, Priests, Bishops, and Hypocrites, for making Gods Commaunde­ments of no effect, to support their owne traditions, Mar. 8. Luc. 12. Paul also admonisheth us, that after his departure should enter in among us such ravening wolves, as should not spare the flocke. These spirituall Man-hunters, are the very offspring of Caine, children of Caiphas, and Successors of Simon Magus, as their doctring and living declareth, needing no further probation. Most cruell enemies have they beene in all ages to the verity of God, ever since the Law was first given, and most feirce persecutors of Christ and his Church, (which hee there prooves at large by severall ex­amples;) No where could the verity be taught, but these glorious gluttons were ever at hand to resist it: Marvell not yee Bishops and Prelates, though I thus in the zeale of Helyas and Phineas stomacke against your sturdy stormes of stubbornes: For never was any tyranny ministred upon Christ, and his misticall members, but by your proud procurements. And now in our dayes where are any of the Lords true servants burned, or otherwise murthered for true preaching, writing, glosing, or interpreting the Gospell, but it is by your cruell calling upon, &c. If you be not most wicked workers against God and his verity, and most spitefull Traytors to the King and his Realme, I cannot thinke there be any living upon the earth. Be this onely spoken to ye, that maintaine such misteries of madnes. Never sent Christ such bloody Apostles, nor two harned war­riours, but the Devils Vicar Antichrist, which is the deadly de­stroyer of faithfull beleivers. What Christian blood hath beene shed betweene Empire and Empire, Kingdome and Kingdome, as betweene Constantinople and Almaigne, England and France, Italy and Spaine for the Bishops of Rome? and how many cruell wars of their Preists calling on, were too much, either to write or to speake. Alwayes have they beene working mischeife in their idle generation, to obscure the verity of God. Note well. I say yet once againe, that it were very necessary for the Kings worthy Majesty with earnest eyes to marke, how God hath graciously vouchsafed to deliver both him and his people from your troublesome termagaunt of Rome, which [Page 291] afore made all Christen Kings his Common Slaves, and to beware of you holow hearted Trayters, his spirituall Promoters, considering that your proud Predecessors have alwayes so wickedly used his graces noble Progenitors the worthy Kings of this Realme, since the Conquest and afore. Who overthrew King Herold, sub­duing all his Land to the Normaines? Who procured the death of King William Rufus, and caused King Stephen to be throwen in prison? Who troubled King Henry the first, and most cruelly vexed King Henry the second? Who subdued and poysoned King John? Who murthered King Edward the second, and famished King Richard the second most unseemingly? Besides that hath beene wrought against the other Kings also. To him that shall read and throughly marke the religious acts of See Anti­quit. Eccles. Brit. and Godwins Catalogue of Bishops in their lives. Dr. Barnes his Supplic. to K. Henry the 8. Had­don contra Osorium, l. 3 f. 251. 252 Fox Acts & Monuments p. 320. 321 479. 409. 410. 533. 1035. 1036. 1132. 186. to 234 Robert the Archbishop of Canterbury of old, Egelwinus, Anselmus, Randolf of Durham, Ralfe of Chichester, Alexander of Lincolne, Nigelus of Hely, Roger of Salisbury, Thomas Becket, Stephen Laughton, Walter Stapilton, Robert Baldocke, Richard Scrope, Henry Spencer, Thomas Arundell, and a great sort more of your anointed Ante­cessors, Pontificiall Prelates, mitred Mummers, mad mastry workers, ringed Ruffelers, rocheted Ruttters, shorne sawcy Swil­bols, it will evidently appeare, that your wicked generation hath done all that, and many other mischeifes more. By these your fil­thy Fore-fathers and such other, hath this Realme beene alwayes in most miserable captivity, either of the Romans or Danes, Saxons or Normans, and now last of all under the most blasphemous Behe­moth your Romish Pope, the great Antichrist of Europa, and most mighty maintainer of Sodom and Gomorite: How unchristianly your said Predecessours have used the Rulers of all other Christian Realmes, it were to long to write. Note, See Mr. Tyndals Practise of Popish Pre­lates accor­dingly. I reckon it therefore high­time for all those Christian Princes, which pretend to receive the Gospell of salvation, and accordingly after that to live in mutuall peace and tranquility, for ever to cast ye out of their privy Counsels, and vtterly to seclude you from all administrations, till such time as they finde ye no longer wolves, but faithfull feeders; no destroyers, but gentle teachers. For as Sant Peter doth say, 1. Pet. 5. Yee [Page 292] ought to be no Lords over the people of your Diocesse, but examples of Christian meeknes. Who seeth not that in these dayes your bloody Bishops of England, Italy, Cycell, France, Spaine, Portingale, Scotland and Ireland, See the 5. and 6. part of the Hom. against will­full Rebellion and the 2. part of the Homily on Whitsun­day. be the ground and originall fondation of all Controversies, Schismes, variances and warres betwixt Realme and Realme at this present, &c. Consider your beginning. Never came yee in with your Miters, Robes, and Rings by the doore, as did the poore Apostles, but by the window unrequired, like robbers, theeves and manquellers with Simon Magus, Marcion and Menander. Never was your proud Pontificall power of the heavenly Fathers planting, and therefore it must at the last up by the rootes, ye must in the end be destroyed without handes, Dan. 8. &c. Ibid. f. 18. & 22. to 31. I thinke the Devills in hell, are not of a more perverse minde, nor seeke more wayes to the soules destruction then you. Yee play Pharao, Caiphas, Nero, Trajanus, with all Tyrants parts besides; Oh abominable Scorners and theeves, which practise nothing else but the vtter destruction of soules? If any thing under the hea­vens hath need of Reformation, let them thinke this to be one which minded any godlinesse: For never did cruell Pharao hold the people of Israell in so wicked captivity, as doth this superstitious sort of idle Sodomites, the most dearely redeemed heritage of the Lord. If they be no spirituall theeves, soule murtherers, heretickes, Schis­matiques, Church-robbers, Rebels, and Traytors to God and to man; where are any to be looked for in all the world? Another thing yet there is, which causeth me sore to lament, the inconveniences thereupon considered. And that is this, although the Scriptures, Chronicles, Canons, Constitutions, Councels and private Histories, with your manifest acts in our time, doth declare your Fore-fathers and you such Heretickes, theeves and Traytors to the Christian Common-wealthes, as hath not beene upon the earth, but you, yet you are still taken into the privy Counsels, both of Emperor and King. (Yea asThe Sup­plication, Vol. 3. f. 23. Thomas Becon complaines, They alone be cheifest and of much estimation; they alone ruffle and raigne; they alone beare the suring in the Court, they alone have all things going forward as they desire: They alone be capped, kneeled, and crouched [Page 293] unto: They alone have the keyes of the English Kingdome, hanging at their girdles: whatsoever they binde, or loose whispering, and trayterously conspiring among themselves, that same is bound and loosed in the Starchamber in Westminster Hall, in the Parliament House, yea in the Kings privy Chamber, and throughout the Realme of England. The very Nobility of England are in a maner brought to such slavery, that they dare not displease the lessest of these spite­full spirituall limbes of Antichrist, wee may now say, (into such an height the spirituall Sorcerers are growen,) that Priests in England are mightier then either Wine, King, Queene, Lords, Women, and all that is besides &c.)Note well. But what a plague it is, or miserable yoake to that Christen Realme, whereas you beare the swinge, I thinke it truly unspeakable, though it be not seene. O eternall Father, for thy infinite mercies sake, grant thy most faithfull servant the Kings Majesty our most worthy Soveraigne Lord and Gover­nour under thee, clearely to cast out of his privy Counsell-House, these Lecherous locusts of Egypt, and dayly upholders of Sodome and Gomor the Popes cruell catle, tokened with his owne proper marke, to the universall health of his people, as thou hast now constituted him, an whole complete King, and the first since the Conquest. Note. For never shall bee have of them, but deceitefull workemen, and holow-hearted Gentlemen: and not onely that (good Lord,) but also deprive them of their usurped authority and power, restoring againe thereunto his temporall Magistrates, whom their proud Pope hath hitherto most tyrannously thereof deprived. Finally, to take from them their inordinate Pompe and See a Sup­plication to King Henry the 8. An. 1544. ac­cordingly. Riches, and more godly to bestow them, that is to say, to the ayde of his poverty, as for an Example the Noble Germaines have graciously done before him. After a farre other sort defended the Apostles the spirituall Kingdome of Christ. Their armour was righteousnes, poverty, patience, meeknes, tribulation, contempt of the world, and con­tinuall suffring of wronges. Their strong sheild was faith and their sword the word of God, Ephes. 6. With the Gospell preaching drove they downe all superstitions, as you by your Lordlines have raysed up againe in the glorious Church of Antichrist. The King­dome [Page 294] that hee forsake John. 6. and the Lordship, that hee so straitly forbad you: Luc. 22. have you received of the Devill, with that ambitious reigne of covetousnes, which hee left behinde him on the High-Mountaine. Math. 4. What ruinous decayes hath chaunced to all Christen regions and their rulers, for giving swift credit to the fleering flatteries of your Babylonish brood, it were much to write. Note well. It shall be therefore necessary for our most worthy King to looke upon in time, and both to diminish your authority and riches, least yee hereafter put all his godly enterprises in hazard. For nothing else can yee doe of your spirituall nature, but worke dayly mischeifes. As well may yee be spared in the Common­wealth, as may Kites, Crowes, and Bussardes, Polcutes, Wessels, and Rats, Otters, Wolves and Foxes, Body lice, Flees, and Flesh­flies, with other devouring and noysome vermine. For as unpro­fitable are yee unto it as they, and as litle have you in the word of God, to uphold you in these vaine offices of Papistry, as they. Note well. This uncommodious commodity hath England had of you alwayes, when yee have beene of the Kings privy Counsell, and I thinke hath now at this present honor, that whatsoever godly enterprise is there in doing, be it never so privily handled, yet shall the Popish Prelates of Italy, Spaine, France, Flaunders, and Scotland, have sure know­ledge thereof by your secret messengers, and you againe their crafty compassings to deface it if it may be: See Master Tyndals Practise of Prelates accordingly. Neither shall those Realmes continue long after, without warre, specially if an earnest reformation of your shamefull abuses be sought there. And never shall the originall grounds of that warre be knowen, but other cases shall be layd to colour it with, as that the King, seeketh his right, his princely honour, the maintenance of his Titles, or the Realmes Common-wealth, being nothing lesse in the end, but an upholding of you in your mischeifes. So long as you beare rule in the Parliament House, the Gospell shall be kept under, and Christ persecuted in his faithfull members. So that no godly Acts shall come out from thence to the glory of God, and Christen Common-wealth, but yee will so sauce them with your Romish Sorceries, that they be ready to serve your turne. Although the Kings Majesty hath permitted [Page 295] us the Scriptures, yet must the true Ministers thereof at your most cruell appointment, either suffer most tyrannous death, or else with open mouth deny Christs verity, which is worse then death. Thus give yee See Williā Wraughtons hunting of the Romish Fox. strength to his Lawes, and nourish up his Kingdome, whom yee say with your lips yee have refused, your pestilent Pope of Rome. Yee play altogether Hick-scorner under the figure of Ironia: That yee say, yee hate, yee love, and that yee say, yee love, yee hate. Let all faithfull men beware of such double-day dreamers, and halow-hearted Traytors, and thinke Note well. whereas they beare the rule, nothing shall come rightly forward, either in faith, or Common-wealth. What other workes can come from the Devills working tooles, then cometh from the hands of his owne malignant mischeife? Who can deny the Bishops to be the in­struments of Sathan, understanding the Scriptures, and beholding their dayly doings? Note. See Doctor Barnes his Supplication to King Henry the 8 And another Supplication to him, An. 1544. accordingly. Thinke yee there can be a greater plague to a Christian Realme, then to have such ghostly Fathers of the Kings privy Counsell? If wise men doe judge it any other, then a just plague for our sinne, and a yoake layd upon us for our unreve­rent receiving of that heavenly treasure, the eternall Testament of Christ, to have such Hypocrites, Theeves, and Traytors to raigne over us, truly they judge not aright. If wee would earnestly there­fore repent of our former living, and unfainedly turne unto our ever­living God, as we finde in the Testament, I would not doubt it, to jeopard both my body and soule that wee should in short space be delivered of this Romish vermine, rising out of the bottomlesse pit: Apoc. 9. which eateth up all that is greene upon earth, See Thomas Becons Com­plaint, Supplication fol. 23. or hath taken any strength of the living word of the Lord. For the heart of a King is alwayes in the handes of God, and at his pleasure hee may evermore turne it: Prov. 21. Take me not here, that I condemne any Bishop or Preist, that is godly, doing those holy offices that the Scripture hath commaunded them, as preaching the Gospell, provi­ding for the poore, and ministring the Sacraments right. But against the bloody Butchers that murther up Gods people, and dayly make havock of Christs Congregation to maintaine the Iewes Ceremonies, and the Pagans Superstitions in the Christen Church. These are [Page 296] not Bishops, but Bitesheepes, Tyrants, Tormenters, Termagaunts, and the Divels slaughter men. Christ left no such Disciples be­hind him, to set with cruell Caiphas at the Sessions upon life and death of his innocent members: But such as in poverty preached the Gospell, rebuking the wicked world for Idolatry, Hypocrisie, and false Doctrine. Episcopus is as much to say, as an Overseer, or Superintendent, whose office was in the primitive Church purely to instruct the multitude in the wayes of God, and to see that they were not beastly ignorant in the Holy Scripture, as the most part of them are now a dayes. Presbyter is as much to say, as a Seniour or El­der, whose office was also in godly Doctrine and Examples of living to guide the Christen Congregation, and to suffer no maner of Super­stition of Jew nor Gentile to raigne among them. And these two offices were alone in those dayes, and commonly executed of one se­verall person. They which were thus appointed to these spirituall offices, did See Bucerus De Regno Christi, l. 2. c. 12. nothing else but onely preach and teach the Gospell, having assistants unto them, inferior officers called Deacons, Acts. 6. 1. Cor. 1. Rom. 3. No godly man can despise these Offices, neither yet condemne those that truly execute them. Not onely are they worthy to have a competent living, 1. Cor. 9. but also double honor after the Doctrine of Saint Paul, 1. Tim. 5.Note. See the Supplica­tion to King Henry the 8. An. 1544. But from inordinate excesse of riches, ought they of all men to be sequestred, considering that the most wicked nature of Mammon is alwayes to corrupt, yea the very elect, if God were not the more mercifull, Math. 6. Which might be an admonition to our Lordly Bishops, when they be in their worldly Pompe, that they are not Gods Ser­vants, beleived they his sayings as they doe nothing lesse. I cannot thinke, that any Christen Bishop or Priest will be offended with, ought that I have written here, but rather preferre it to their power, it making nothing against them, seeking Gods glory and not their owne. Finally with heart I desire, that these enemies of the truth be no longer given over of God, but that they may finde some just way to repentance, and from henceforth to maintaine the pure Lawes of Christ, as they have in times past, the most filthy traditions of Antichrist; (to wit, the Pope of Rome, from whose Succession and [Page 297] See our Archbishops and Bishops, linially derive their pedigree and descent, as Master Mason in his Booke of Consecration of Bishops, An. 613. p. 9. 10. 140. Who thrice together cals the Lords- [...]y the Sabbath-day, p. 269. and Doctor Poclington, in his Sermon, intituled, Yet the Homily of the Time and Place of Prayer, 8. severall times to­gether, stiles Sunday THE SAB­BATH, THE SAB­BATH-DAY, THE CHRIS­TIAN SAB­BATH, and that in the yeare 1550. 4. yeares be­fore the troubles of Franck ford. So that Whi­thingham & Knox were not the first Iewish Doctors, that Christned i [...] with that name as this scurrilous Doctor termes [...], who though hee pleades much in his Sermon for reading of Homilies, yet it seemes hee had need be set to read them himselfe, else hee would not thus audaci­ously write point blancke against them, contrary to his owne Subscription to them, & the 15. Article; and against the 70. Can. to which cals Sunday the Sabbath-day. Sunday no Sabbath-day, London, 1636. licensed by Master Bray, the Archbishop of Canterburies Chaplaine, Doe joyntly averre, to our Prelates great honour, whom they thus make the very brats, sonnes and members of the Popes of Rome, from whom they thus derive, challenge, and pretend their Episcopall Authority, Jurisdiction, and Succession, and so are liable to the penalties of the Statute of 27. Eliz. c. 2. and Traytors to the King, if these their flatterers Doctrine, and pe­digree, which they give them, be true:) So be it. Thus Henry Stalbridge concludes from Basile, An. 1544. and so doe I close up this Breviate: For which if any unduetifull or ma­licious Prelates shall chaunce to persecute, vexe and torture me or any other, for this my Loyalty, love and duety, to my King and Countrey, in laying open these their exorbitant encroach­ments, both upon King and Subject, I shall answer them as Tertullian once did the Barbarous Heathen Presidents and per­secutors of his age, who tortured the poore Christians in his time, who heartly prayed for the Emperor and Publike-weale, with bended knees, and stretched out hands under their God: Sic itaque nos ad Deum expansos ungulae fodiant, cruces suspendant, ign [...]s lambant, gladij guttura de­truncant, bestiae insiliant, paratus est ad omne suppli­cium ipse habitus orantis Christiani. Hoc agite boni Presides, extorquete animam Deo supplicantem, disceptantem, pro Imperatore. Hoc erit crimen ubi veritas & Dei devotio est.