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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 procéss notified unto the defendant. But to examine a man upon oath, out of the insinuation of fame, or out of accusations secret and undeclared, though it have some countenance from the 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.


And how shall they

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 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 The first two of these, in due reverence be not withdrawn from the liturgy.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 ? 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 judgment, will derogate from the liturgy, if the form and customs of this land and state, which though thereof be in all parts agreeable to the word of God, they do not rule those proceedings, yet may they be the example of the primitive church, and that holy advised with for better directions; and that is the decency which St. Paul commendeth. And thereoath ex officio; whereby men are enforced to accuse fore, first, that there be a set form of prayer, and that themselves, and, that that is more, are sworn unto it be not left either to an extemporal form, or to an blanks, and not unto accusations and charges de- arbitrary form. Secondly, that it consist as well of clared. By the law of England no man is bound to lauds, hymns, and thanksgivings, as of petitions, accuse himself. In the highest cases of treason, prayers, and supplications. Thirdly, that the form torture is used for discovery, and not for evidence. thereof be quickened with some shortness and diverIn capital matters, no delinquent's answer upon oath sities of prayers and hymns, and with some interis required; no, not permitted. In criminal matters | changes of the voice of the people, as well as of the

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 the heathen himself could say, "etiam vultu sæpe læditur pietas." That the word, priest, should not be continued, especially with offence, the word, minister, being already made familiar. This may 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 πρεσbúτepos and iɛpeùs 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 minister with the sacrificer. And for an example 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 åyárn 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. fore 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 where the church hath bound. And surely I may 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 an inducement to the communion. For whereas in 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

cles of doctrine, than for rites and ceremonies, and points of outward government. For howsoever politic considerations and reasons of state may require uniformity, yet christian and divine grounds look chiefly upon unity.


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.

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

| ture, spending severally some quarter of an hour or better, and in the whole some two hours: and so the exercise being begun and concluded with prayer, and the president giving a text for the next meeting, the 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 been 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

permutation make the benefices more compatible; | the flock that they do not feed, or of the altar at or that there be allowed preachers to have a more general charge, to supply and serve by turn parishes unfurnished for that some churches should be provided of pastors able to teach, and others wholly destitute, seemeth to me to be against the communion of saints and christians, and against the practice of the primitive church.


Excommunication is the greatest judgment upon earth; being that which is ratified in heaven; and being a precursory or prelusory judgment of the great judgment of Christ in the end of the world. And therefore for this to be used irreverently, and to be made an ordinary process, to lackey up and down for fees, how can it be without derogation to God's honour, and making the power of the keys contemptible ? I know very well the defence thereof, which hath no great force; that it issueth forth not for the thing itself, but for the contumacy. I do not deny, but this judgment is, as I said before, of the nature of God's judgments; of the which it is a model. For as the judgment of God taketh hold of the least sin of the impenitent, and taketh no hold of the greatest sin of the convert or penitent; so excommunication may in case issue upon the smallest offence, and in case not issue upon the greatest but is this contumacy such a contumacy as excommunication is now used for? For the contumacy must be such as the party, as far as the eye and wisdom of the church can discern, standeth in state of reprobation and damnation: as one that for that time seemeth given over to final impenitency. Upon this observation I ground two considerations: the one, that this censure be restored to the true dignity and use thereof; which is, that it proceed not but in causes of great weight; and that it be decreed not by any deputy or substitute of the bishop, but by the bishop in person; and not by him alone, but by the bishop assisted.

The other consideration is, that in lieu thereof, there be given to the ecclesiastical court some ordinary process, with such force and coercion as appertaineth; that so the dignity of so high a sentence being retained, and the necessity of mean process supplied, the church may be indeed restored to the ancient vigour and splendour. To this purpose, joined with some other holy and good purposes, was there a bill drawn in parliament, in the three-and-twentieth year of the reign of the queen deceased; which was the gravest parliament that I have known; and the bill recommended by the gravest counsellor of estate in parliament; though afterwards it was staid by the queen's special commandment, the nature of those times considered.


For non-residence, except it be in case of necessary absence, it seemeth an abuse drawn out of covetousness and sloth: for that men should live of

which they do not serve, is a thing that can hardly receive just defence; and to exercise the office of a pastor, in matter of the word and doctrine, by deputies, is a thing not warranted, as hath been touched before. The questions upon this point do arise upon cases of exception and excusation, which shall be thought reasonable and sufficient, and which not. For the case of chaplains, let me speak that with your Majesty's pardon, and with reverence towards the other peers and grave persons, whose chaplains by statutes are privileged: I should think, that the attendance which chaplains give to your Majesty's court, and in the houses and families of their lords, were a juster reason why they should have no bene fice, than why they should be qualified to have two: for, as it standeth with christian policy, that such attendance be in no wise neglected; because that good, which ensueth thereof to the church of God, may exceed, or countervail that which may follow of their labours in any, though never so large a congregation; so it were reasonable that their maintenance should honourably and liberally proceed thence, where their labours be employed. Neither are there wanting in the church dignities and preferments not joined with any exact cure of souls; by which, and by the hope of which, such attendants in ordinary, who ought to be, as for the most part they are, of the best gifts and sort, may be farther encouraged and rewarded. And as for extraordinary attendants, they may very well retain the grace and countenance of their places and duties at times incident thereunto, without discontinuance or nonresidence in their pastoral charges. Next for the case of intending studies in the universities, it will more easily receive an answer; for studies do but serve and tend to the practice of those studies: and therefore for that which is most principal and final to be left undone, for the attending of that which is subservient and subministrant, seemeth to be against proportion of reason. Neither do I see, but that they proceed right well in all knowledge, which do couple study with their practice; and do not first study altogether, and then practise altogether; and therefore they may very well study at their benefices. Thirdly, for the case of extraordinary service of the church; as if some pastor be sent to a general council, or here to a convocation; and likewise for the case of necessity, as in the particular of infirmity of body, and the like, no man will contradict, but that there may be some substitution for such a time. But the general case of necessity is the case of pluralities; the want of pastors and insufficiency of livings considered, posito, that a man doth faithfully and incessantly divide his labours between two cures ; which kind of necessity I come now to speak of in the handling of pluralities.

For pluralities, in case the number of able ministers were sufficient, and the value of benefices were sufficient, then pluralities were in no sort tolerable. But we must take heed we desire not contraries. For to desire that every parish should be furnished with a sufficient preacher, and to desire that pluralities be forthwith taken away, is to desire things

contrary; considering, de facto, there are not sufficient preachers for every parish: whereto add likewise, that there is not sufficient living and maintenance in many parishes to maintain a preacher; and it maketh the impossibility yet much the greater. The remedies in rerum natura are but three; union, permutation, and supply. Union of such benefices as have the living too small, and the parish not too great, and are adjacent. Permutation, to make benefices more compatible, though men be overruled to some loss in changing a better for a nearer. Supply, by stipendiary preachers, to be rewarded with some liberal stipends, to supply, as they may, such places which are unfurnished of sufficient pastors: as queen Elizabeth, amongst other her gracious acts, did erect certain of them in Lancashire; towards which pensions, I see no reason but reading ministers, if they have rich benefices, should be charged.



Touching church maintenance, it is well to be weighed what is jure divino, and what jure positivo. It is a constitution of the divine law, from which human laws cannot derogate, that those which feed the flock should live of the flock; that those that serve at the altar should live of the altar; that those which dispense spiritual things should reap temporal things; of which it is also an appendix, that the proportion of this maintenance be not small or necessitous, but plentiful and liberal. So then, that all the places and offices of the church be provided of such a dotation, that they may be maintained, according to their several degrees, is a constitution permanent and perpetual: but for particularity of the endowment, whether it should consist of tithes, or lands, or pensions, or mixt, might make a question of convenience, but no question of precise necessity. Again, that the case of the church de facto is such, that there is want in the church of patrimony, is confessed. For the principal places, namely, the bishops' livings, are in some particulars not sufficient; and therefore enforced to be supplied by toleration of commendams, things of themselves unfit, and ever held of no good report. And as for the benefices and pastors' places, it is manifest that very many of them are very weak and penurious. On the other side, that there was a time when the church was rather burdened with superfluity, than with lack, that is likewise apparent; but it is long since; so as the fault was in others, the want redoundeth unto us. Again, that it were to be wished that impropriations were returned to the church as the most proper and natural endowments thereof, is a thing likewise wherein men's judgments will not much vary. Nevertheless, that it is an impossibility to proceed now, either to their resumption or redemption, is as plain on the other side. For men are stated in them by the highest assurance of the kingdom, which is, act of parliament; and the value of them amounteth much above ten subsidies; and the restitution must of necessity pass their hands, in whose hands they are now in possession or interest.

But of these things which are manifestly true, to infer and ground some conclusions. First, in mine own opinion and sense, I must confess, let me speak it with reverence, that all the parliaments since 27 and 31 of Henry VIII. who gave away impropriations from the church, seem to me to stand in a sort obnoxious, and obliged to God in conscience to do somewhat for the church, to reduce the patrimony thereof to a competency. For since they have debarred Christ's wife of a great part of her dowry, it were reason they made her a competent jointure. Next to say, that impropriations should be only charged, that carrieth neither possibility nor reason. Not possibility, for the reasons touched before: not reason, because if it be conceived, that if any other person be charged, it should be a re-charge, or double charge, inasmuch as he payeth tithes already, that is a thing mistaken. For it must be remembered, that as the realm gave tithes to the church, so the realm since again hath given tithes away from the church unto the king, as they may give their eighth sheaf or ninth sheaf. And therefore the first gift being evacuated, it cannot go in defeasance or discharge of that perpetual bond, wherewith men are bound to maintain God's ministers. And so we see in example, that divers godly and well disposed persons, not impropriators, are content to increase their preachers' livings; which, though in law it be but a benevolence, yet before God it is a conscience. Farther, that impropriation should not be somewhat more deeply charged than other revenues of like value, methinks, cannot well be denied, both in regard of the ancient claim of the church, and the intention of the first giver and again, because they have passed in valuation between man and man somewhat at the less rate, in regard of the said pretence or claim of the church in conscience before God. But of this point, touching church maintenance, I do not think fit to enter into farther particularity, but reserve the same to a fitter time.

Thus have I in all humbleness and sincerity of heart, to the best of my understanding, given your Majesty tribute of my cares and cogitations in this holy business, so highly tending to God's glory, your Majesty's honour, and the peace and welfare of your states insomuch as I am persuaded that the papists themselves should not need so much the severity of penal laws, if the sword of the Spirit were better edged, by strengthening the authority, and suppressing the abuses in the church.

To conclude, renewing my most humble submission of all that I have said to your Majesty's most high wisdom, and again, most humbly craving pardon for any errors committed in this writing; which the same weakness of judgment that suffered me to commit them, would not suffer me to discover them; I end with my devout. and fervent prayer to God, that as he hath made your Majesty the corner-stone, in joining your two kingdoms, so you may be also as a corner-stone to unite and knit together these differences in the church of God; to whose heavenly grace and never-erring direction, I commend your Majesty's sacred person, and all your doings.

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