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denous to the suitor, as the chancellor was more not capital, handled in the star-chamber, and in or less able to give despatch. And if hold be taken causes of conscience, handled in the chancery, for of that which was said before, that the bishop's the most part grounded upon trust and secrecy, the labour in the word must take up a principal part of oath of the party is required. But how? Where his time; so I may say again, that matters of state there is an accusation and an accuser, which we call have ever taken up most of the chancellor's time; bills of complaint, from which the complainant canhaving been for the most part persons upon whom not vary, and out of the compass of the which the the kings of this realm have most relied for matters defendant may not be examined, exhibited unto the of counsel. And therefore there is no doubt but the court, and by process notified unto the defendant. bishop, whose circuit is less ample, and the causes But to examine a man upon oath, out of the insinuain nature not so multiplying, with the help of refer- tion of fame, or out of accusations secret and undeences and certificates to and from fit persons, for the clared, though it have some countenance from the better ripening of causes in their mean proceedings, civil law, yet it is so opposite ex diametro to the and such ordinary helps incident to jurisdiction, may sense and course of the common law, as it may well very well suffice his office. But yet there is another receive some limitation. help : for the causes that come before him are these: tithes, legacies, administrations, and other

CONCERNING THE LITURGY, THE CEREMOtestamentary causes; causes matrimonial; accusa

NIES, AND SUBSCRIPTION. tions 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 The first two of these, in due reverence be not withdrawn from the liturgy.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 officials 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 qnickened 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

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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 baptism doth acknowledge that baptism in the pracbenefits, as well general as particular. Fifthly, that tice of the primitive church was anniversary, and prayers likewise be appropriated to several necessi- but at certain times; which showeth that the prities and occasions of the church. Sixthly, that there mitive church did not attribute so much to the be a form likewise of words and liturgy in the ad ceremony, as they would break an outward and ministration of the sacraments, and in the denouncing general order for it; the book should afterwards of the censures of the church, and other holy actions allow of private baptism, as if the ceremony were of and solemnities; these things, I think, will not be that necessity, as the very institution, which commuch controverted.

mitted baptism only to the ministers, should be But for the particular exceptions to the liturgy in broken in regard of the supposed necessity. And form as it now standeth, I think divers of them, therefore this point of all others I think was but a allowing they were just, yet seem they not to be “ Concessum propter duritiem cordis.” weighty ; otherwise than that nothing ought to be For the form of celebrating matrimony, the ring counted light in matters of religion and piety ; as seemeth to many, even of vulgar sense and underthe heathen himself could say, “ etiam vultu sæpe standing, a ceremony not grave, especially to be læditur pietas.” That the word, priest, should not made, as the words make it, the essential part of be continued, especially with offence, the word, the action ; besides, some other of the words are minister, being already made familiar. This may noted in speech to be not so decent and fit. be said, that it is a good rule in translation, never to For music in churches; that there should be confound that in one word in the translation, which singing of psalms and spiritual songs, is not denied: is precisely distinguished in two words in the origi- so the question is de modo ; wherein if a man will nal, for doubt of equivocation and traducing. And look attentively into the order and observation of it, therefore seeing the word pobúrepoç and iepɛus be it is easy to discern between the wisdom of the insti. always distinguished in the original ; and the one tution and the excess of the late times. For first used for a sacrificer, the other for a minister ; the there are no songs or verses sung by the quire, word, priest, being made common to both, whatso- which are not supposed by continual use to be so ever the derivation be, yet in use it confoundeth the familiar with the people, as they have them withminister with the sacrificer. And for an example out book, whereby the sound hurteth not the underof this kind, I did ever allow the discretion and standing: and those which cannot read upon the tenderness of the Rhemish translation in this book, are yet partakers of the sense, and may folpoint; that finding in the original the word åyúan low it with their mind. So again, after the reading and never čows, do ever translate charity, and never of the word, it was thought fit there should be some love, because of the indifferency and equivocation of pause for holy meditation, before they proceeded to the word with impure love.

the rest of the service: which pause was thought Touching the absolution; it is not unworthy con- fit to be filled rather with some grave sound, than sideration, whether it may not be thought improper with a still silence; which was the reason of the and unnecessary; for there are but two sorts of playing upon the organs after the Scriptures read: absolution, both supposing an obligation precedent; | all which was decent and tending to edification. the one upon an excommunication, which is religious But then the curiosity of division and reports, and and primitive; the other upon confession and other figures of music, have no affinity with the penance, which is superstitious, or at least positive; reasonable service of God, but were added in the and both particular, and neither general. There- more pompous times. fore since the one is taken away, and the other hath For the cap and surplice, since they be things in its proper case, what doth a general absolution, their nature indifferent, and yet by some held superwherein there is neither penance nor excommunica- stitious; and that the question is between science tion precedent? for the church never looseth, but and conscience, it seemeth to fall within the comwhere the church hath bound. And surely I may pass of the apostles' rule, which is, “ that the stronger think this at the first was allowed in a kind of spi- do descend and yield to the weaker.” Only the ritual discretion, because the church thought the peo- difference is, that it will be materially said, that the ple could not be suddenly weaned from their conceit of rule holdeth between private man and private man; assoiling, to which they had been so long accustomed. but not between the conscience of a private man, For confirmation, to my understanding, the state and the order of a church.

But yet since the of the question is, whether it be not a matter mis- question at this time is of a toleration, not by contaken and altered by time; and whether that be notnivance, which may encourage disobedience, but by now made a subsequent to baptism, which was indeed law, which may give a liberty; it is good again to an inducement to the communion. For whereas in be advised whether it fall not within the equity of the primitive church children were examined of their the former rule: the rather, because the silencing faith before they were admitted to the communion, of ministers by this occasion is, in the scarcity of time may seem to have turned it to refer as if it had good preachers, a punishment that lighteth upon been to receive a confirmation of their baptism. the people, as well as upon the party. And for the

For private baptism by women, or lay persons, subscription, it seemeth to me in the nature of a the best divines do utterly condemn it; and I hear confession, and therefore more proper to bind in it not generally defended; and I have often mar- the unity of faith, and to be urged rather for articles 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 TOUCHING A PREACHING MINISTRY.

the best way to frame and train up preachers to

handle the word of God as it ought to be handled, To speak of a learned ministry : it is true that that hath been practised. For we see orators have the worthiness of the pastors and ministers is of all their declamations, lawyers have their moots, logiother points of religion the most summary; I do cians their sophisms; and every practice of science not say the greatest, but the most effectual towards hath an exercise of erudition and initiation before the rest : but herein, to my understanding, while men come to the life; only preaching, which is the men go on in zeal to hasten this work, they are not worthiest, and wherein it is most danger to do amiss, aware of as great or greater inconvenience, than wanteth an introduction, and is ventured and rushed that which they seek to remove. For while they upon at the first. But unto this exercise of the proinveigh against a dumb ministry, they make too phecy, I would wish these two additions: the one, easy and too promiscuous an allowance of such as that after this exercise, which is in some sort public, they account preachers; having not respect enough there were immediately a private meeting of the to their learnings in other arts, which are hand- same ministers, where they might brotherly admaids to divinity; not respect enough to years, ex- monish the one the other, and especially the elder cept it be in case of extraordinary gift; not respect sort the younger, of any thing that had passed in enough to the gift itself, which many times is none the exercise, in matter or manner, unsound and unat all. For God forbid, that every man that can comely; and in a word, might mutually use such take unto himself boldness to speak an hour together advice, instruction, comfort, or encouragement, as in a church, upon a text, should be admitted for a occasion might minister ; for public reprehension preacher, though he mean never so well. I know were to be debarred. The other addition that I there is a great latitude in gifts, and a great variety mean is, that the same exercise were used in the in auditories and congregations; but yet so as there universities for young divines, before they presumed is aliquid infimum, below which you ought not to to preach, as well as in the country for ministers. descend. For you must rather leave the ark to For they have in some colleges an exercise called a shake as it shall please God, than put unworthy common-place; which can in no degree be so prohands to hold it up. And when we are in God's fitable, being but the speech of one man at one time. temple, we are warned rather to “put our hands And if it be feared that it may be occasion to whet upon our mouth, than to offer the sacrifice of fools.” men's speeches for controversies, it is easily reAnd surely it may be justly thought, that amongst medied, by some strict prohibition, that matters of many causes of atheism, which are miserably met in controversy tending any way to the violating or disour age; as schisms and controversies, profane scoff- quieting the peace of the church, be not handled or ings in holy matters, and others; it is not the least entered into; which prohibition, in regard there is that divers do adventure to handle the word of God, ever to be a grave person president or moderator, which are unfit and unworthy. And herein I would cannot be frustrated. The second consideration is, have no man mistake me, as if I did extol curious whether it were not convenient there should be a and affected preaching; which is as much on the more exact probation and examination of ministers : other side to be disliked, and breedeth atheism and namely, that the bishops do not ordain alone, but scandal as well as the other: for who would not be by advice; and then that ancient holy order of the offended at one that cometh into the pulpit, as if he church might be revived; by which the bishop did came upon the stage to play parts or prizes? neither ordain ministers but at four set times of the year ; on the other side, as if I would discourage any who which were called “ Quatuor tempora ;" which are hath any tolerable gift.

now called Ember-weeks: it being thought fit to acBut upon this point I ground three considerations: company so high an action with general fasting and

I first, whether it were not requisite to renew that prayer, and sermons, and all holy exercises; and the good exercise which was practised in this church, names likewise of those that were to be ordained, some years, and afterwards put down by order indeed were published some days before their ordination ; from the church, in regard of some abuse thereof, to the end exceptions might be taken, if just cause inconvenient for those times; and yet against the ad

The third consideration is, that if the case of vice and opinion of one of the greatest and gravest the church of England be, that were a computation prelates of this land, and was commonly called pro- taken of all the parochian churches, allowing the phesying; which was this: That the ministers union of such as were too small and adjacent, and within a precinct did meet upon a week day in some again a computation to be taken of the persons who principal town, where there was some ancient grave were worthy to be pastors; and upon the said acminister that was president, and an auditory admit count if it fall out that there are many more ted of gentlemen, or other persons of leisure. Then churches than pastors, then of necessity recourse every minister successively, beginning with the must be had to one of these remedies ; either that youngest, did handle one and the same part of Scrip- pluralities must be allowed, especially if you can hy

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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 which they do not serve, is a thing that can hardly general charge, to supply and serve by turn parishes receive just defence; and to exercise the office of a unfurnished : for that some churches should be pro- pastor, in matter of the word and doctrine, by depuvided of pastors able to teach, and others wholly ties, is a thing not warranted, as hath been touched destitute, seemeth to me to be against the communion before. The questions upon this point do arise upon of saints and christians, and against the practice of cases of exception and excusation, which shall be the primitive church.

thought reasonable and sufficient, and which not.

For the case of chaplains, let me speak that with TOUCHING THE ABUSE OF EXCOMMUNI

your Majesty's pardon, and with reverence towards CATION

the other peers and grave persons, whose chaplains

by statutes are privileged : I should think, that the Excommunication is the greatest judgment upon attendance which chaplains give to your Majesty's earth; being that which is ratified in heaven; and court, and in the houses and families of their lords, being a precursory or prelusory judgment of the were a juster reason why they should have no benegreat judgment of Christ in the end of the world. fice, than why they should be qualified to have two: And therefore for this to be used irreverently, for, as it standeth with christian policy, that such and to be made an ordinary process, to lackey up attendance be in no wise neglected; because that and down for fees, how can it be without deroga- good, which ensueth thereof to the church of God, tion to God's honour, and making the power of the may exceed, or countervail that which may follow keys contemptible ? I know very well the defence of their labours in any, though never so large a thereof, which hath no great force; that it issueth congregation ; so it were reasonable that their mainforth not for the thing itself, but for the con- tenance should honourably and liberally proceed tumacy. I do not deny, but this judgment is, as I said thence, where their labours be employed. Neither before, of the nature of God's judgments; of the are there wanting in the church dignities and prewhich it is a model. For as the judgment of God ferments not joined with any exact cure of souls ; taketh hold of the least sin of the impenitent, and by which, and by the hope of which, such attendants taketh no hold of the greatest sin of the convert or in ordinary, who ought to be, as for the most part penitent; so excommunication may in case issue they are, of the best gifts and sort, may be farther upon the smallest offence, and in case not issue upon encouraged and rewarded. And as for extraordinary the greatest : but is this contumacy such a contu- attendants, they may very well retain the grace and macy as excommunication is now used for ? For the countenance of their places and duties at times incontumacy must be such as the party, as far as the cident thereunto, without discontinuance or noneye and wisdom of the church can discern, standeth residence in their pastoral charges. Next for the in state of reprobation and damnation : as one that case of intending studies in the universities, it will for that time seemeth given over to final impenitency. more easily receive an answer; for studies do but Upon this observation I ground two considerations : serve and tend to the practice of those studies : and the one, that this censure be restored to the true therefore for that which is most principal and final dignity and use thereof; which is, that it proceed to be left undone, for the attending of that which is not but in causes of great weight; and that it be subservient and subministrant, seemeth to be against decreed not by any deputy or substitute of the bishop, proportion of reason. Neither do I see, but that they but by the bishop in person; and not by him alone, proceed right well in all knowledge, which do couple but by the bishop assisted.

study with their practice; and do not first study The other consideration is, that in lieu thereof, there altogether, and then practise altogether; and therebe given to the ecclesiastical court some ordinary fore they may very well study at their benefices. process, with such force and coercion as appertaineth; Thirdly, for the case of extraordinary service of the that so the dignity of so high a sentence being re. church ; as if some pastor be sent to a general tained, and the necessity of mean process supplied, council, or here to a convocation ; and likewise for the church may be indeed restored to the ancient the case of necessity, as in the particular of infirmity vigour and splendour. To this purpose, joined with of body, and the like, no man will contradict, but some other holy and good purposes, was there a bill that there may be some substitution for such a time. drawn in parliament, in the three-and-twentieth year But the general case of necessity is the case of pluof the reign of the queen deceased; which was the ralities; the want of pastors and insufficiency of gravest parliament that I have known; and the bill livings considered, posito, that a man doth faithfully recommended by the gravest counsellor of estate in and incessantly divide his labours between two cures ; parliament; though afterwards it was staid by the which kind of necessity I come now to speak of in queen's special commandment, the nature of those the handling of pluralities. times considered.

For pluralities, in case the number of able minis

ters were sufficient, and the value of benefices were TOUCHING NON-RESIDENTS AND

sufficient, then pluralities were in no sort tolerable. PLURALITIES.

But we must take heed we desire not contraries. For non-residence, except it be in case of neces- For to desire that every parish should be furnished sary absence, it seemeth an abuse drawn out of with a sufficient preacher, and to desire that plucovetousness and sloth: for that men should live of ralities be forthwith taken away, is to desire things

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contrary; considering, de facto, there are not suffi- But of these things which are manifestly true, to cient preachers for every parish : whereto add like infer and ground some conclusions. First, in mine wise, that there is not sufficient living and mainte- own opinion and sense, I must confess, let me speak nance in many parishes to maintain a preacher; it with reverence, that all the parliaments since 27 and it maketh the impossibility yet much the greater. and 31 of Henry VIII. who gave away impropriaThe remedies in rerum natura are but three ; union, tions from the church, seem to me to stand in a sort permutation, and supply. Union of such benefices obnoxious, and obliged to God in conscience to do as have the living too small, and the parish not too somewhat for the church, to reduce the patrimony great, and are adjacent. Permutation, to make thereof to a competency. For since they have debenefices more compatible, though men be overruled barred Christ's wife of a great part of her dowry, it to some loss in changing a better for a nearer. were reason they made her a competent jointure. Supply, by stipendiary preachers, to be rewarded Next to say, that impropriations should be only with some liberal stipends, to supply, as they may, charged, that carrieth neither possibility nor reason. such places which are unfurnished of sufficient pas. Not possibility, for the reasons touched before : not tors: as queen Elizabeth, amongst other her gracious reason, because if it be conceived, that if any other acts, did erect certain of them in Lancashire; to- person be charged, it should be a re-charge, or wards which pensions, I see no reason but reading double charge, inasmuch as he payeth tithes already, ministers, if they have rich benefices, should be that is a thing mistaken. For it must be rememcharged.

bered, that as the realm gave tithes to the church,

so the realm since again hath given tithes away from TOUCHING THE PROVISION FOR SUFFICIENT

the church unto the king, as they may give their MAINTENANCE IN THE CHURCH.

eighth sheaf or ninth sheaf. And therefore the Touching church maintenance, it is well to be first gift being evacuated, it cannot go in defeasance weighed what is jure divino, and what jure positivo. or discharge of that perpetual bond, wherewith men It is a constitution of the divine law, from which are bound to maintain God's ministers.

And so we human laws cannot derogate, that those which feed see in example, that divers godly and well disposed the flock should live of the flock; that those that persons, not impropriators, are content to increase serve at the altar should live of the altar ; that those their preachers' livings; which, though in law it which dispense spiritual things should reap temporal be but a benevolence, yet before God it is a conthings; of which it is also an appendix, that the science. Farther, that impropriation should not be proportion of this maintenance be not small or ne- somewhat more deeply charged than other revenues cessitous, but plentiful and liberal. So then, that of like value, methinks, cannot well be denied, both all the places and offices of the church be provided in regard of the ancient claim of the church, and of such a dotation, that they may be maintained, the intention of the first giver : and again, because according to their several degrees, is a constitution they have passed in valuation between man and permanent and perpetual : but for particularity of man somewhat at the less rate, in regard of the said the endowment, whether it should consist of tithes, pretence or claim of the church in conscience before or lands, or pensions, or mixt, might make a ques-God. But of this point, touching church maintetion of convenience, but no question of precise nance, I do not think fit to enter into farther parnecessity. Again, that the case of the church de ticularity, but reserve the same to a fitter time. facto is such, that there is want in the church of patrimony, is confessed. For the principal places, Thus have I in all humbleness and sincerity of namely, the bishops' livings, are in some particulars heart, to the best of my understanding, given your not sufficient; and therefore enforced to be supplied Majesty tribute of my cares and cogitations in this by toleration of commendams, things of themselves holy business, so highly tending to God's glory, your unfit, and ever held of no good report. And as for Majesty's honour, and the peace and welfare of your the benefices and pastors' places, it is manifest that states : insomuch as I am persuaded that the papists very many of them are very weak and penurious. themselves should not need so much the severity of On the other side, that there was a time when the penal laws, if the sword of the Spirit were better church was rather burdened with superfluity, than edged, by strengthening the authority, and suppresswith lack, that is likewise apparent; but it is long ing the abuses in the church. since ; so as the fault was in others, the want re- To conclude, renewing my most humble submisdoundeth unto us. Again, that it were to be wished sion of all that I have said to your Majesty's most that impropriations were returned to the church as high wisdom, and again, most humbly craving parthe most proper and natural endowments thereof, is don for any errors committed in this writing; which a thing likewise wherein men's judgments will not the same weakness of judgment that suffered me to much vary. Nevertheless, that it is an impossibi- commit them, would not suffer me to discover them; lity to proceed now, either to their resumption or I end with my devout and fervent prayer to God, redemption, is as plain on the other side. For men that as he hath made your Majesty the corner-stone, are stated in them by the highest assurance of the in joining your two kingdoms, so you may be also kingdom, which is, act of parliament; and the value as a corner-stone to unite and knit together these of them amounteth much above ten subsidies; and differences in the church of God; to whose heavenly the restitution must of necessity pass their hands, in grace and never-erring direction, I commend your whose hands they are now in possession or interest. Majesty's sacred person, and all your doings.

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