assemblies of all the clergy in councils, as of all the | contained in the original grant; and in that case it

states in parliament. Whence should this sole ex-
ercise of jurisdiction come? Surely I do suppose,
and, I think, upon good ground, that "ab initio non
fuit ita;" and that the deans and chapters were
councils about the sees and chairs of bishops at the
first, and were unto them a presbytery or consistory;
and intermeddled not only in the disposing of their
revenues and endowments, but much more in juris-
diction ecclesiastical. But it is probable, that the
deans and chapters stuck close to the bishops in
matters of profit and the world, and would not lose
their hold; but in matters of jurisdiction, which
they accounted but trouble and attendance, they
suffered the bishops to encroach and usurp; and so
the one continueth, and the other is lost.
And we
see that the bishop of Rome, "fas enim et ab hoste❘
doceri," and no question in that church the first
institutions were excellent, performeth all ecclesias-
tical jurisdiction as in consistory.

And whereof consisteth this consistory, but of the parish priests of Rome, which term themselves cardinals, "a cardinibus mundi ;" because the bishop pretendeth to be universal over the whole world? And hereof again we see many shadows yet remaining as, that the dean and chapter, pro forma, chooseth the bishop, which is the highest point of jurisdiction: and that the bishop, when he giveth orders, if there be any ministers casually present, calleth them to join with him in imposition of hands, and some other particulars. And therefore it seemeth to me a thing reasonable and religious, and according to the first institution, that bishops, in the greatest causes, and those which require a spiritual discerning, namely, in ordaining, suspending, or depriving ministers, in excommunication, being restored to the true and proper use, as shall be afterwards touched, in sentencing the validity of marriages and legitimations, in judging causes criminous, as simony, incest, blasphemy, and the like, should not proceed sole and unassisted: which point, as I understand it, is a reformation that may be planted sine strepitu, without any perturbation at all: and is a matter which will give strength to the bishops, countenance to the inferior degrees of prelates or ministers, and the better issue or proceeding to those causes that shall pass.

And as I wish this strength given to the bishops by council, so it is not unworthy your Majesty's consideration, whether you shall not think fit to give strength to the general council of your clergy, the convocation-house, which was then restrained when the state of the clergy was thought a suspected part of the kingdom, in regard of their late homage to the bishop of Rome; which state now will give place to none in their loyalty and devotion to your majesty.

For the second point, which is the deputation of their authority, I see no perfect and sure ground for that neither, being somewhat different from the examples and rules of government. The bishop exerciseth his jurisdiction by his chancellor and commissary official, &c. We see in all laws in the world, offices of confidence and skill cannot be put over, nor exercised by deputy, except it be especially

|

is doubtful. And for experience, there was never any chancellor of England made a deputy; there was never any judge in any court made a deputy. The bishop is a judge and of a high nature; whence cometh it that he should depute, considering that all trust and confidence, as was said, is personal and inherent; and cannot, nor ought not to be transposed? Surely, in this, again, “ab initio non fuit sic :" but it is probable that bishops, when they gave themselves too much to the glory of the world, and became grandees in kingdoms, and great counsellors to princes, then did they delegate their proper jurisdictions, as things of too inferior a nature for their greatness and then, after the similitude and imitation of kings and counts palatine, they would have their chancellors and judges.

But that example of kings and potentates giveth no good defence. For the reasons why kings administer by their judges, although themselves are supreme judges, are two: the one, because the offices of kings are for the most part of inheritance; and it is a rule in all laws, that offices of inheritance are rather matters that ground in interest than in confidence; forasmuch as they may fall upon women, upon infants, upon lunatics and idiots, persons incapable to execute judicature in person; and therefore such offices by all laws might ever be exercised and administered by delegation. The second reason is, because of the amplitude of their jurisdictions; which is as great as either their birthright from their ancestors, or their sword-right from God maketh it. And therefore if Moses, that was governor over no great people, and those collected together in a camp, and not scattered in provinces and cities, himself of an extraordinary spirit, was nevertheless not able to suffice and hold out in person to judge the people, but did, by the advice of Jethro approved from God, substitute elders and judges; how much more other kings and princes?

There is a third reason, likewise, though not much to the present purpose; and that is, the kings, either in respect of the commonwealth, or of the greatness of their own patrimonies, are usually parties in suits: and then their judges stand indifferent between them and the subject: but in the case of bishops, none of these reasons hold. For, first, their office is elective, and for life, and not patrimonial or hereditary; an office merely of confidence, science, and qualification. And for the second reason, it is true, that their jurisdiction is ample, and spacious; and that their time is to be divided between the labours as well in the word and doctrine, as in government and jurisdiction: but yet I do not see, supposing the bishops' courts to be used incorruptly, and without any indirect course held to multiply causes for gain of fees, but that the bishop might very well, for causes of moment, supply his judicial function in his own person. For we see before our eyes, that one chancellor of England despatcheth the suits in equity of the whole kingdom: which is not so much by reason of the excellency of that rare honourable person which now holdeth the place: but it was ever so, though more or less bur

:

not capital, handled in the star-chamber, and in causes of conscience, handled in the chancery, for the most part grounded upon trust and secrecy, the oath of the party is required. But how? Where there is an accusation and an accuser, which we call bills of complaint, from which the complainant cannot vary, and out of the compass of the which the defendant may not be examined, exhibited unto the court, and by process notified unto the defendant. But to examine a man upon oath, out of the insinuation of fame, or out of accusations secret and unde

civil law, yet it is so opposite ex diametro to the sense and course of the common law, as it may well receive some limitation.

CONCERNING THE LITURGY, THE CEREMO-
NIES, AND SUBSCRIPTION.

denous to the suitor, as the chancellor was more or less able to give despatch. And if hold be taken of that which was said before, that the bishop's labour in the word must take up a principal part of his time; so I may say again, that matters of state have ever taken up most of the chancellor's time; having been for the most part persons upon whom the kings of this realm have most relied for matters of counsel. And therefore there is no doubt but the bishop, whose circuit is less ample, and the causes in nature not so multiplying, with the help of references and certificates to and from fit persons, for theclared, though it have some countenance from the better ripening of causes in their mean proceedings, and such ordinary helps incident to jurisdiction, may very well suffice his office. But yet there is another help for the causes that come before him are these: tithes, legacies, administrations, and other testamentary causes; causes matrimonial; accusations against ministers, tending to their suspension, deprivation, or degrading; simony, incontinency, For the liturgy, great respect and heed would be heresy, blasphemy, breach of the sabbath, and other taken, lest by inveighing against the dumb ministry, like causes of scandal. The first two of these, in due reverence be not withdrawn from the liturgy. my opinion, differ from the rest; that is, tithes and For though the gift of preaching be far above that testaments for those be matters of profit, and in of reading; yet the action of the liturgy is as high their nature temporal; though, by a favour and con- and holy as that of the sermon. It is said, "Domus nivance of the temporal jurisdiction, they have been mea domus orationis vocabitur:" "the house of allowed and permitted to the courts ecclesiastical; prayer, not the house of preaching :" and whereas the one, to the end the clergy might sue for that the apostle saith, "How shall men call upon him, on that was their sustentation before their own judges; whom they have not believed? And how shall they and the other, in a kind of piety and religion, which believe unless they hear ? And how shall they was thought incident to the performance of dead hear, without a preacher ?" it appeareth that as men's wills. And surely for these two the bishop, in preaching is the more original, so prayer is the more my opinion, may with less danger discharge himself final; as the difference is between the seed and the upon his ordinary judges. And I think likewise it fruit; for the keeping of God's law, is the fruit of will fall out, that those suits are in the greatest num- the teaching of the law; and prayer, or invocation, ber. But for the rest, which require a spiritual or divine service, or liturgy, for these be but varieties science and discretion, in respect of their nature, or of terms, is the immediate hallowing of the name of of the scandal, it were reason, in my opinion, there God, and the principal work of the first table, and of were no audience given but by the bishop himself; the great commandment of the love of God. It is he being also assisted, as was touched before: but it true that the preaching of the holy word of God is were necessary also he were attended by his chancel- the sowing of the seed; it is the lifting up of the lor, or some others his officers being learned in the brazen serpent, the ministry of faith, and the ordicivil laws, for his better instruction in points of nary means of salvation: but yet it is good to take formality, or the courses of the court: which if it example, how that the best actions of the worship of were done, then were there less use of the official's God may be extolled excessively and superstitiously. court, whereof there is now so much complaint: and As the extolling of the sacrament bred the supersticauses of the nature aforesaid being only drawn to tion of the mass; the extolling of the liturgy and the audience of the bishop, it would repress frivolous prayers bred the superstition of the monastical orders and prowling suits, and give a grave and incorrupt and oraisons: and so no doubt preaching likewise proceeding to such causes as shall be fit for the court. may be magnified and extolled superstitiously, as if There is a third point also, not of jurisdiction, but all the whole body of God's worship should be turnof form of proceeding, which may deserve reforma-ed into an ear. So as none, as I suppose, of sound tion: the rather, because it is contrary to the laws and customs of this land and state, which though they do not rule those proceedings, yet may they be advised with for better directions; and that is the oath ex officio; whereby men are enforced to accuse themselves, and, that that is more, are sworn unto blanks, and not unto accusations and charges declared. By the law of England no man is bound to accuse himself. In the highest cases of treason, torture is used for discovery, and not for evidence. In capital matters, no delinquent's answer upon oath is required; no, not permitted. In criminal matters

judgment, will derogate from the liturgy, if the form thereof be in all parts agreeable to the word of God, the example of the primitive church, and that holy decency which St. Paul commendeth. And therefore, first, that there be a set form of prayer, and that it be not left either to an extemporal form, or to an arbitrary form. Secondly, that it consist as well of lauds, hymns, and thanksgivings, as of petitions, prayers, and supplications. Thirdly, that the form thereof be quickened with some shortness and diversities of prayers and hymns, and with some interchanges of the voice of the people, as well as of the

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minister. Fourthly, that it admit some distinctions | velled, that where the book in the preface to public

of times, and commemorations of God's principal benefits, as well general as particular. Fifthly, that prayers likewise be appropriated to several necessities and occasions of the church. Sixthly, that there be a form likewise of words and liturgy in the administration of the sacraments, and in the denouncing of the censures of the church, and other holy actions and solemnities; these things, I think, will not be much controverted.

But for the particular exceptions to the liturgy in form as it now standeth, I think divers of them, allowing they were just, yet seem they not to be weighty; otherwise than that nothing ought to be counted light in matters of religion and piety; as "etiam vultu sæpe the heathen himself could say, læditur pietas." That the word, priest, should not be continued, especially with offence, the word, This may minister, being already made familiar. be said, that it is a good rule in translation, never to confound that in one word in the translation, which is precisely distinguished in two words in the original, for doubt of equivocation and traducing. And therefore seeing the word "peσCurɛpos and iɛpevç be always distinguished in the original; and the one used for a sacrificer, the other for a minister; the word, priest, being made common to both, whatsoever the derivation be, yet in use it confoundeth the And for an example minister with the sacrificer. of this kind, I did ever allow the discretion and tenderness of the Rhemish translation in this point; that finding in the original the word ȧyárη and never pws, do ever translate charity, and never love, because of the indifferency and equivocation of the word with impure love.

Touching the absolution; it is not unworthy consideration, whether it may not be thought improper and unnecessary; for there are but two sorts of absolution, both supposing an obligation precedent; the one upon an excommunication, which is religious and primitive; the other upon confession and penance, which is superstitious, or at least positive; and both particular, and neither general. Therefore since the one is taken away, and the other hath its proper case, what doth a general absolution, wherein there is neither penance nor excommunication precedent? for the church never looseth, but And surely I may where the church hath bound. think this at the first was allowed in a kind of spiritual discretion, because the church thought the people could not be suddenly weaned from their conceit of assoiling, to which they had been so long accustomed.

For confirmation, to my understanding, the state of the question is, whether it be not a matter mistaken and altered by time; and whether that be not now made a subsequent to baptism, which was indeed For whereas in an inducement to the communion. the primitive church children were examined of their faith before they were admitted to the communion, time may seem to have turned it to refer as if it had been to receive a confirmation of their baptism.

For private baptism by women, or lay persons, the best divines do utterly condemn it; and I hear it not generally defended; and I have often mar

baptism doth acknowledge that baptism in the practice of the primitive church was anniversary, and but at certain times; which showeth that the primitive church did not attribute so much to the ceremony, as they would break an outward and general order for it; the book should afterwards allow of private baptism, as if the ceremony were of that necessity, as the very institution, which committed baptism only to the ministers, should be broken in regard of the supposed necessity. And therefore this point of all others I think was but a "Concessum propter duritiem cordis."

For the form of celebrating matrimony, the ring seemeth to many, even of vulgar sense and understanding, a ceremony not grave, especially to be made, as the words make it, the essential part of the action; besides, some other of the words are noted in speech to be not so decent and fit.

For music in churches; that there should be singing of psalms and spiritual songs, is not denied: so the question is de modo; wherein if a man will look attentively into the order and observation of it, it is easy to discern between the wisdom of the institution and the excess of the late times. For first there are no songs or verses sung by the quire, which are not supposed by continual use to be so familiar with the people, as they have them without book, whereby the sound hurteth not the understanding: and those which cannot read upon the book, are yet partakers of the sense, and may follow it with their mind. So again, after the reading of the word, it was thought fit there should be some pause for holy meditation, before they proceeded to the rest of the service: which pause was thought fit to be filled rather with some grave sound, than with a still silence; which was the reason of the playing upon the organs after the Scriptures read: all which was decent and tending to edification. But then the curiosity of division and reports, and other figures of music, have no affinity with the reasonable service of God, but were added in the more pompous times.

For the cap and surplice, since they be things in their nature indifferent, and yet by some held superstitious; and that the question is between science and conscience, it seemeth to fall within the compass of the apostles' rule, which is, "that the stronger do descend and yield to the weaker." Only the difference is, that it will be materially said, that the rule holdeth between private man and private man; but not between the conscience of a private man, and the order of a church. But yet since the question at this time is of a toleration, not by connivance, which may encourage disobedience, but by law, which may give a liberty; it is good again to be advised whether it fall not within the equity of the former rule: the rather, because the silencing of ministers by this occasion is, in the scarcity of good preachers, a punishment that lighteth upon the people, as well as upon the party. And for the subscription, it seemeth to me in the nature of a confession, and therefore more proper to bind in the unity of faith, and to be urged rather for arti

TOUCHING A PREACHING MINISTRY.

To speak of a learned ministry: it is true that the worthiness of the pastors and ministers is of all other points of religion the most summary; I do not say the greatest, but the most effectual towards the rest but herein, to my understanding, while men go on in zeal to hasten this work, they are not aware of as great or greater inconvenience, than that which they seek to remove. For while they inveigh against a dumb ministry, they make too easy and too promiscuous an allowance of such as they account preachers; having not respect enough to their learnings in other arts, which are handmaids to divinity; not respect enough to years, except it be in case of extraordinary gift; not respect enough to the gift itself, which many times is none at all. For God forbid, that every man that can | take unto himself boldness to speak an hour together in a church, upon a text, should be admitted for a preacher, though he mean never so well. I know there is a great latitude in gifts, and a great variety in auditories and congregations; but yet so as there is aliquid infimum, below which you ought not to descend. For you must rather leave the ark to shake as it shall please God, than put unworthy hands to hold it up. And when we are in God's temple, we are warned rather to "put our hands upon our mouth, than to offer the sacrifice of fools." And surely it may be justly thought, that amongst many causes of atheism, which are miserably met in our age; as schisms and controversies, profane scoffings in holy matters, and others; it is not the least that divers do adventure to handle the word of God, which are unfit and unworthy. And herein I would have no man mistake me, as if I did extol curious and affected preaching; which is as much on the other side to be disliked, and breedeth atheism and | scandal as well as the other: for who would not be offended at one that cometh into the pulpit, as if he came upon the stage to play parts or prizes? neither on the other side, as if I would discourage any who hath any tolerable gift.

cles of doctrine, than for rites and ceremonies, and | ture, spending severally some quarter of an hour or points of outward government. For howsoever better, and in the whole some two hours: and so the politic considerations and reasons of state may exercise being begun and concluded with prayer, and require uniformity, yet christian and divine grounds the president giving a text for the next meeting, the look chiefly upon unity. assembly was dissolved. And this was, as I take it, a fortnight's exercise; which, in my opinion, was the best way to frame and train up preachers to handle the word of God as it ought to be handled, that hath seen practised. For we see orators have their declamations, lawyers have their moots, logicians their sophisms; and every practice of science hath an exercise of erudition and initiation before men come to the life; only preaching, which is the worthiest, and wherein it is most danger to do amiss, wanteth an introduction, and is ventured and rushed upon at the first. But unto this exercise of the prophecy, I would wish these two additions: the one, that after this exercise, which is in some sort public, there were immediately a private meeting of the same ministers, where they might brotherly admonish the one the other, and especially the elder sort the younger, of any thing that had passed in the exercise, in matter or manner, unsound and uncomely; and in a word, might mutually use such advice, instruction, comfort, or encouragement, as occasion might minister; for public reprehension were to be debarred. The other addition that I mean is, that the same exercise were used in the universities for young divines, before they presumed to preach, as well as in the country for ministers. For they have in some colleges an exercise called a common-place; which can in no degree be so profitable, being but the speech of one man at one time. And if it be feared that it may be occasion to whet men's speeches for controversies, it is easily remedied, by some strict prohibition, that matters of controversy tending any way to the violating or disquieting the peace of the church, be not handled or entered into; which prohibition, in regard there is ever to be a grave person president or moderator, cannot be frustrated. The second consideration is, whether it were not convenient there should be a more exact probation and examination of ministers: namely, that the bishops do not ordain alone, but by advice; and then that ancient holy order of the church might be revived; by which the bishop did ordain ministers but at four set times of the year; which were called "Quatuor tempora;" which are now called Ember-weeks: it being thought fit to accompany so high an action with general fasting and prayer, and sermons, and all holy exercises; and the names likewise of those that were to be ordained, were published some days before their ordination; to the end exceptions might be taken, if just cause were. The third consideration is, that if the case of the church of England be, that were a computation taken of all the parochian churches, allowing the union of such as were too small and adjacent, and again a computation to be taken of the persons who were worthy to be pastors; and upon the said account if it fall out that there are many more churches than pastors, then of necessity recourse must be had to one of these remedies; either that pluralities must be allowed, especially if you can by

But upon this point I ground three considerations: first, whether it were not requisite to renew that good exercise which was practised in this church, some years, and afterwards put down by order indeed from the church, in regard of some abuse thereof, inconvenient for those times; and yet against the advice and opinion of one of the greatest and gravest prelates of this land, and was commonly called prophesying; which was this: That the ministers within a precinct did meet upon a week day in some principal town, where there was some ancient grave minister that was president, and an auditory admitted of gentlemen, or other persons of leisure. Then every minister successively, beginning with the youngest, did handle one and the same part of Scrip