CERTAINE CONSIDERATIONS touching the better pacification, and Edification of the Church of ENGLAND: Dedicated to his most Excellent Maiestie.

Printed for HENRY TOMES.

CERTAINE CONSIDERATIONS touching the better pacification, and Edification of the Church of ENGLAND: Dedicated to his most Excellent Maiestie.

THE Vnitie of Your Church, (Excellent Soue­raigne) is a thing no lesse precious, than the Vni­on of your Kingdomes, beeing both Workes wherein your happinesse may contend with your worthinesse. Hauing therefore presumed not without your Majesties gracious acceptation, to Ioy somewhat of the one, I am the more in­couraged not to bee silent in the other; the ra­ther, because it is an Argument that I haue tra­uelled heretofore: But Salomon commendeth a [Page] word spoken in season; and as our Sauiour (spea­king of the discerning of seasons) saith, when you see a cloud rising in the west, you say it wilbe a showre: So your Maiestie, rising to this Monarchie in the West parts of the World, doth promise a sweet and fruitsull houre of many blessings vpon this Church and Common-wealth, a showre of that influence, as the very first dewes and drops there­of, haue already layd the stormes and windes throughout Christendome, reducing the very sace of Europe, to a more peaceable and amiable Coun­tenance. But to the purpose.

It is very true that these Ecclesiasticall matters, are things not properly appertaining to my pro­fession, which I was not so inconsiderate, but to object to my selfe: but finding that it is many times seene, that a man that standeth off, and som­what remoued srom a plot of ground, doth better suruay it and discouer it, than those which are vp­on it, I thought it not impossible, but that I as a looker on, might cast mine eyes vpon some things which the Actors themselues, (especially some be­ing interessed, some led and addicted, some decla­red and ingaged) did not, or would not see; And that knowing in my conscience, whereto God beareth witnesse, that the things which I shall speake, spring out of no vaine of popularitie, often­tation, desire of noueltie, parcialitie to either side, disposition to intermeddle, or any the like Leuen [Page] I may conceiue hope, that what I want in depth of judgement, may bee counteruailed in simplicitie, and sinceritie of affection. But of all things, this did most animate me, that I found in these opini­ons of mine, (which I haue long held and embra­ced, as may appeare by that which I haue many yeeres since written of them, according to the pro­portion neuerthelesse of my weaknesse) a consent and conformitie with that which your Majestie hath published, of your owne most Christian, most wise and moderate sence in these causes: wherein you haue well expressed to the World, that there is infused in your sacred brest from God, that high principle and position of Gouernment, That you euer hold the whole more deere, than any part.

For who seeth not, that many are affected and giue opinion in these matters, as if they had not so much a desire to purge the euill from the good, as to countenance and protect the euill by the good. Others speake as if their scope were onely to set forth what is good, and not to seeke forth what is possible, which is to wish and not to propound. Others proceed, as if they had rather a minde of remoouing, than of reforming. But howsoeuer either side as men, though excellent men shall run into extremities, yet your Majestie, as a most wise, equall, and christian Moderator, is disposed to find out the golden mediocritie, in the establishment of that which is sound, and in the reparation of that [Page] which is corrupt and decayed. To your Princely judgement then I doe in all humblenesse, submit whatsoeuer I shall propound, offering the same but as a mite into the Treasurie of your wisdome? For as the Astronomers do wel obserue, that when three of the superiour Lights doe meet in conjunction, it bringeth forth some admirable effects: so there being joyned in your Majestie the light of Nature, the light of Learning, and aboue all the light of Gods holy spirit, it cannot be but your go­uernment must bee as a happie constellation ouet the States of your Kingdomes. Neither is there wanting to your Majestie that fourth Light, which though it be but a borrowed Light, yet is of singu­ler efficacie and moment added to the rest, which is the Light of a most wise, and well compounded Councell, to whose Honourable and graue Wise­domes I doe likewise submit whatsoeuer I shall say; Hoping that I shal not need to make protesta­tion of my mind and opinion, that vntill your Ma­jestie doth otherwise determine and order, all actu­all and full obedience is to be giuen to Ecclesiasti­call jurisdiction, as it now stands, and when your Majestie hath determined and ordered, that euery good Subiect ought to rest satisfied, and apply his obedience to your Majesties Lawes, Ordinances, and Royall commandements. Nor of the dislike I haue of all immodest bitternesse, peremptorie presumption, popalar handling, and other courses [Page] tending rather to rumour and impression in the vulgar sort, than to likely-hood of effect, ioyned with obseruation of dutie.

But before I enter into the points contronerted, I thinke good to remooue (if it may be) two opi­nions, which do directly confront and oppone to reformation, the one bringing it to a nullitie, and the other to an impossibilitie. The first is, That it is against good policie to innouate any thing in Church matters. The other, That all reformation must bee after one Platforme.

For the first of these, it is excellently sayd by the Prophet, State super vias antiquas, & videte qua­nam fit via recta & vera, & ambulate in ea. So as he doth not say, State super vias antiquas, & ambu­lare in eis. For it is true, that with all wise and moderate persons, custome and vsage obtaineth that reuerence, as it is sufficient matter to mooue them to make a stand, and to discouer and take a view, but it is no warrant to guide or conduct the; a iust ground I say it is of deliberation, but not of direction. But on the other side, who knoweth not that time is truely compared to a streame, that carieth downe fresh and pure waters into that salt sea of corruption which inuironeth all humane actions? And therefore if man shall not by his in­dustrie, vertue, and policie, as it were with the oare rowe against the streame and inclination of time, all institutions and ordinances be they neuer [Page] so pure will corrupt and degenerate. But not to handle this matter cōmon-place-like, I would one­ly aske, why the ciuill State, should be purged and restored by good and wholesome Lawes made e­uery third or fourth yeare in Parliaments assem­bled, deuising remedies as fast as time breedeth misehiess, & contrariwise the Ecclesiasticall State should still continue vpon the dregs of time, and receiue no alteration now for these fiue and sortie yeares and more? If any man shall obiect, that if the like intermission had beene vsed in Ciuill cau­ses also, the error had not beene great. Surely, the wisedome of the Kingdome hath beene other­wise in experience, for three hundred yeares space at the least. But if it bee said to me, that there is a difference betweene Ciuill causes and Ecclesiasti­call, they may as well tell me, that Churches and Chappels need no reparations, though Castles and houses doe; whereas commonly to speake truth, dilapidations of the inward and spirituall edifications of the Church of God are in all times as great, as the outward and materiall. Sure I am, that the very word and stile of Reformation vsed by our Sauiour, ab initio non suit it a, was applyed to Church matters, aud those of the highest nature concerning the Law morall.

Neuerthelesse, hee were both vnthankefull and unwise that would denie, but that the Church of England during the time of Queene Elizabeth of [Page] famous memorie did flourish. If I should compare it with forraine churches, I would rather the com­parison shouldbe in the vertues, then as some make it in the defects, rather I say, as betweene the Vine & the Oliue, which should be most fruitfull, & not as between the bryer and the thistle, which should bee most vnprofitable. For that reuerence should be vsed to the Church which the good sonnes of Noah vsed to their fathers nakednesse; that is, as it were to goebackwards, and to helpe the defects thereof, and yet to dissemble them. And it is to be acknowledged, that scarcely any church since the Primitiue Church, yeelded in like manner of yeares and Latitude of Countrey, a greater number of excellent Preachers, Famous Writers, and graue Gouernours; but for the discipline and Or­ders of the Church, as, many and the chiefest of them are very holy and good, so yet if Saint Iohn were to indite an Epistle to the church of England, as hee did to them of Asia, it would sure haue the clause Habeo aduers us to pauca. And no more for this point, sauing that as an appendixe thereunto, it is not amisle to touch that obiection, which is made to the time and not to the matter, preten­ding that is Reformation were necessarie, yet it were not now seasonable at your Matesties first en­trance. Yct Hippocrates saith, si quid moues à princi­pio moue. And the wisedome of all examples doth shew, that the wisest Princes, as they haue eue: [Page] been the most sparing in remoouing or alteration of seruants and officers vpon their comming in; so for remoouing of abuses and enormities, and for reforming of Lawes and the policie of their States, they haue chiefly sought to enable and commend their beginnings therewith, knowing that the first impression with people continueth long, and when mens mindes are most in expecta­tion and suspence, then are they best wrought and managed. And therefore it seemeth to me, that as the spring of nature, I meane the spring of the yeare, is the best time for purging and medici­ning the naturall body; so the spring of Kingdoms, is the most proper season for the purging and re­ctifying of politique bodies.

There remaineth yet an obiection rather of suspition then of reason, and yet such as I thinke maketh a great impression in the mindes of very wise and well affected persons; which is, That if way be giuen to mutation, though it be in taking away abuses, get it may so acquaint men with sweetnesse of change, as it will vndermine the stabilitie euen of that which is sound and good. This surely had beene a good and true allegation in the ancient conten­tions and diuisions betweene the people and the Senate of Reme, where things were carried at the appetites of multitudes which can neuer keepe within the compasse of any moderation. But these things beeing with vs to haue an orderly passage [Page] vnder a King who hath a Royall power, and appro­ued judgement, and knoweth as well the measure of things, as the nature of them, is surely a need­lesse feare. For they need not doubt, but your Maiestie with the aduise of your Councell, will dis­cerne what things are intermingled like the rares amongst the wheat, which haue their rootes so in­wrapped and intangled, as the one cannot be pul­led vp without indangering the other, and what are mingled, but as the chaffe and the corne, which needs but a fanne to fift and seuer them. So much therefore for the first point of no reformati­on to be admitted at all.

For the second point. That there should be but one forme of Discipline in all Churches, and that imposed by a necessitie of a commandement and prescript out of the word of God; it is a matter Volumes haue beene compiled of, and therefore cannot receiue a briefe redargution. I for my part doe confesse, that in reuealing the Scriptures, I could neuer find any such thing, but that God had left the like libertie to the Church-gouernment, as he hath done to the Ciuil gouernment, to be va­ried according to time and place and accidents, which neuerthelesse, his high and diuine proui­dence doth order and dispose; for all ciuill go­uernments are restrained from God vnto the ge­narall grounds of Iustice and manners, but the po­licies and formes of them are left free. So that [Page] Monarchies and Kingdomes, Senates and Seigno­ries, popular States and Communalties, are all lawfull and where they are planted ought to bee maintained inuiolate.

So likewise in Church matters, the substance of Doctrine is immutable, and so are the generall Rules of gouernment; but for Rites and Ceremo­nies and for the particular Hierarchies, policies, and disciplines of Churches, they be left at large. And therefore it is good wee returne vnto the an­cient bonds of vnitie, in the Church of God, which was one Faith, one Baptisme, and not one Hierar­chie, one Discipline, and that wee obserue the league of Christians as it is penned by our Sauiour Christ which is in substance of doctrine this, Hee that is nos with vs, is against vs. But in things indiffe­rent and but of circumstance, this, Hee that is not against vs, is with vs. In these things so as the gene­rall rules be obserued that Christs Flocks be fed; that there be a succession in Byshops and Ministers, which are the Prophets of the New Testament, that there be a due & reuerent vse of the power of the Keyes; that these that Preach the Gospell, liue of the Gospell; that all things tend to edification; that all things bee done in order and with decencie, and the like; the rest is left to the holy wisedome and spirituall discre­tion of the master-builders and inferiour builders in Christs Church, as it is excellently alluded by that Father that noted that Christs Garment was with­out [Page] seame, and yet the Churches garment was of diuers colours, and thereupon setteth downe for a Rule; In veste varies as sit scissura non sit.

In which varietie neuerthelesse it is a safe and a wise course to follow good examples and presi­dents. But then the rule of imitation and example, is to consider not onely which are the best, but which are the likest, as namely the gouernment of the Church, in the purest times of the first good Emperours that imbraced the Faith. For the times of persecution before temporall Princes receiued the Faith, as they were excellent times for doctrine and māners, so they be vnproper and vnlike exam­ples of outward gouernment and policie. And so much for this point: now to the particular points of Controuersies or rather of Reformation.

Circumstances in the Gouernment of Byshops.

FIrst therefore for the Gouernment of Byshops, I for my part not prejudging the Presidents of other reformed Churches, doe hold it warranted by the word of God and by the practise of the an­cient Church in the better times, and much more conuenient for Kingdomes then parity of Mini­sters, and gouernment by Synodes. But then fur­ther it is to be considered, that the Church is not [Page] now to plant or build, but onely to bee pruned from corruptions and repaired, and restored in some decayes.

For it is worth the noting, that the Scripture saith, Translato acerdotio, necesse est vs & Legis fiat translatio. It is not possible in respect of the great and neere sympathie betweene the State Ciuill, and the State Ecclesiasticall, to make so mayne an alteration in the Church, but it would haue a peri­lous operation vpon the Kingdome; and therefore it is fit, that controuersie be in peace and silence.

But there bee two circumstances in the admi­nistration of Byshops, wherein I confesse I could neuer be satisfied. The one, The sole exercise of their authoritie; The other, the Deputation of their authoritie.

For the first, the Byshop giueth orders alone, ex­communicateth alone, judgeth alone. This seemes to bee a thing almost without example in gouern­ment, and therefore not vnlikely to haue crept in the degenerate and corrupt times. Wee see the greatest Kings and Monarches haue their Coun­cels. There is no temporall Councell in England of the higher sort where the authoritie doth rest in one person. The Kings-bench, Cōmon-pleas, and the Exchequer, are benches of a certain number of Iudges. The Chancellor of England hath an Assi­stance of 12. Maisters of the Chancerie. The Ma­ster of the Wards hath a councell of the Court; So [Page] hath the Chancellor of the Duchie. In the Exclie­quer Chamber, the Lord Treasuror is ioyned with the Chancellor and the Barrons; The Masters of the Requests are euer more than one. The Iustices of Assile are two. The Lord Presidents in the Mar­ches and in the North, haue councels of diuers. The Starre-chamber is an assembly of the Kings priuie Councell aspersed with Lords Spirituall and Temporall. So as in all Courts the principall per­son hath euer either Colleagues or Assessors.

The like is to bee found in other well gouerned Kingdomes abroad where the jurisdiction is yet more distributed, as in the Courts of Parliament of France, and in other places. No man will denie, but the Acts that passe the Byshops jurisdiction, are of as great importance as those that passe the Ciuill Courts; for mens soules are more precious then their bodies or goods, & so are their good names. Byshops haue their infirmities, and haue no excep­tion from that generall malediction which is pro­nounced against all men liuing, Va sole, nam si occiderit, &c. Nay, we see that the first warrant in Spi­rituall causes is directed to a number Dei Ecclesia, which is not so in temporall matters; And we see that in generall causes of Church gouernment, there are aswol Assemblies of all the Clergie in Councels, as of the States in Parliament, whence should this sole exercise of jurisdiction come? Surely, I doe suppose and thinke vpon ground, that ab initio [Page] non fuit ita; and that the Deanes and Chapters were Counsels about the Seas and chayres of By­shops at the first, and were vnto them a Presbiterie, or Consistorie, and intermedled not onely in the disposing of their reuenues and endowments, but much more in jurisdiction Ecclesiasticall. But it is probable, that the Deane and Chapter stucke close to the Byshops in matters of profit and the world, and would not loose their hold; but in matters of jurisdiction, (which they accounted but trouble and attendance) they suffered the Byshops to en­croach and vsurpe, and so the one continueth, and the other is lost. And wee see that the Byshop of Rome, (f [...] est & ab hoste doceri, and no question in that Church the first institutions were excellent) performeth all Ecclesiasticall jurisdiction as in Consistorie.

And whereof consisteth this Consistorie, but of the parish Priests of Rome, which terme themselues Cardinals, à cardivibus mundi, because the Byshop pretendeth to be vniuersall ouer the whole world. And hereof againe we see diuers shadowes, yet re­maining; As that the Deane and Chapter, Profor­ma chooseth the Byshop, which is the highest point of jurisdiction. And that the Byshop when hee gi­ueth orders, if there be any Ministers casually pre­sent, calleth them to joyne with him in imposition of hands, and some other particulars. And there­fore it seemes to me a thing reasonable and religi­ous, [Page] and according to the first institution, that By­shops in the greatest causes, and those which re­quire a spirituall discerning, namely in ordayning, suspending or depriuing Ministers in excommu­nication being restored to the true and proper vse as shall bee afterwards touched, in sentencing the validitie of Mariages, and legittimations, in jud­ging causes criminous as Symonie, incest, blasphe­mie and the like, should not proceed sole and vn­assisted, which point as I vnderstand, is a Refor­mation that may bee planted sine strepitu, without any perturbation at all, and is a matter which will giue strength to the Byshops, countenance to the inferiour degrees of Prelates or Ministers, and the better issue or proceeding in those causes that shall passe.

And as I wish this strength giuen to the Byshops by Councell, so it is not vnworthy your Maiesties Royall consideration, whether you shall not think fit to giue strength to the general Councell of your Clergie, the Conuocation House, which was then re­strained, when the state of the Clergie was thought a suspected part to the Kingdome in regard of their late homage to the Byshop of Rome, which state now will giue place to none in their loyaltie and deuotion but to your Maiestie.

For the second point, which is the Deputa­tion of their Authoritie, I see no perfect and sure ground for that neither, beeing somewhat diffe­rent [Page] from the examples and rules of gouernment. The Byshop exerciseth his jurisdiction by his Chan­cellor and Comissarie, Officiall, &c. Wee see in all Lawes in the world; Offices of confidence and skill cannot be put ouer nor exercised by deputie, ex­cept it bee especially contained in the originall grant, and in that case it is dutisull. And for ex­perience, there was neuer any Chauncellour of England, made a Deputie. There was neuer any judge in any Court, made a Deputie. The Byshop is a Iudge, and of a high Nature, whence commeth it that hee should depute, considering that all trust and confidence as was said is personall and inherent, and cannot or ought not to bee transpo­sed? Surely in this againe ab initio nonfuitsta, but it is probable, that Byshops when they gaue themselues too much to the glorie of the world, and became Grandes in Kingdomes, and great Councellors to Princes, then did they de­league their proper jurisdiction as things of too inferiour a nature for their greatnesse; and then aster ths similitude and immitation of Kings and Counts Palatine, they would haue their Chan­cellors and Iudges.

But that example of Kings and Potentates gi­ueth no good defence. For the reasons why Kings administer by their Iudges, although themselues are supreame Iudges, are two. The one because the offices of Kings are for the most part of in­heritance, [Page] and it is a Rule in all Lawes; That Offi­ces of inheritance, are rather matters that sound in interest, then in confidence, forasmuch as they may fall vpon womon, vpon Infants; vpon Lunatiques and ideots, persons vncapable to execute judicature in person, and therefore such Offices by all Lawes might euer be exercised and administred by dele­gation. The second reason is, because of the ampli­tude of their Iurisdiction, which is as great as ei­ther their birth-right from their Ancestors, or their sword-right from God, maketh it. And therefore if Moses that was Gouernour ouer no great people, and those collected together in a campe, and not scattered in Prouinces and cities, himselfe likewise of an extraordinarie spirit, was neuertheles not a­ble to suffice and hold out in person-to judge the people, but did by the aduise of Iethro approued from God, substitute Elders and Iudges; how much more other Kings and Princes.

There is a third Reason likewise, not much to the present purpose, and that is: That Kings eyther in respect of the Common, wealth, or of the great­nes of their owne Patrimonies, are vsually parties in sutes, and then their Iudges stand indifferent betweene them and the subiect. But in the case of Byshops, none of these reasons hold. For first, their Office is electiue and for life, and not patrimoni­all or hereditarie; an Office meerly of confidence, science and qualification. And for the second rea­son, [Page] it is true that their jurisdiction is ample and spacious, and that their time is to bee diuided be­tweene the labours as well in the word and do­ctrine, as in gouernment and jurisdiction. But yet I doe not see, supposing the Byshops Courts to be vsed vncorruptly, and without any indirect course held to multiply causes for gaine of fees, but that the Byshop might very well for causes of mo­ment, supply his judiciall function in his owne person. For we see before our eyes, that one Chaun­cellor of England dispatcheth the suites in equitie of the whole Kingdome; which is not by reason of the excellencie of that rare honourable Person which now holdeth that place, but it was euer so, though more and lesse burdenous to the sutor, as the Chauncellor was more or lesse able to giue di­spatch. And if heed bee taken to that which was said before, that the Byshops labour in the word must take vp a principall part of his time, so I may say againe, that matters of State haue euer taken vp most of the Chauncellors time, hauing bin for the most part persons vpon whom the Kings of this Realme haue most relied for matters of Coun­cell. An therfore there is no doubt, but the Byshop, whose circuit is lesse ample, and the causes, in na­ture not so multiplying, with the helpe of referen­ces and certificates to and from fit persons for the better ripening of causes in their meane procee­dings, and such ordinary helpes incident to juris­diction, [Page] may very well suffice his Office. But yet there is an other helpe, for the causes that come before him are these, Tythes, Legacies and Admi­nistrations, and other teftamentary causes, causes Matrimoniall, accusations against Ministers ten­ding to their suspension, depriuation or degra­ding, Symonie, incontinencie, Heresie, Blasphe­mie, breach of Saboth, and other like causes of scandall. The first two of these in mine opinion, differ from the rest, that is, Tithes and Testaments, for those bee matters of profite and in their nature Temporall, though by a fauour and conniuence of the temporall jurisdiction, they haue been allowed and permitted to the Courts Ecclesiasticall; the one, to the end the Clergie might sue for that that was their sustentation, before their owne Iudges; and the other in a kind of pietie and Religion, which was thought incident to the performance of dead mens Wils. And surely for these two, the Byshop in mine opinion, may with lesse danger discharge himselfe vpon his ordinary Iudges. And I thinke likewise it will fall out that those sutes are in the greatest number. But for the rest, which require a Spirituall science and discretion in respect of their nature, or of the scandall, it were reason in my o­pinion there were no audience giuen, but by the Byshop himselfe, he being also assisted as was tou­ched before, but it were necessarie also hee were attended by his Chauncellor or some others his Of­ficers, [Page] being learned in the Ciuill Law, for his bet­ter instruction in points of formalitie, or the cour­ses of the Court, which if it were done, then were there lesse vse of the Officials Court; where of there is now so much complaint. And causes of the na­ture aforesaid being only drawne to the Audience of the Byshop, it would represse friuolous and po­ling sutes, and giue a graue and incorrupt pro­ceeding to such causes as shalbe fit for the Court.

There is a third point also, not of jurisdiction, but of forme of proceeding, which may discerne Reformation; the rather because it is contrary to the Lawes and Customes of this Land and State, which though they doe not rule those procee­dings, yet may they be aduised with for better di­rection, and that is, the Oath ex Officio, whereby men are inforced to accuse themselues, and that that is more, are sworne vnto Blanques, and not vnto accusations and charges declared. By the Lawes of England, no man is bound to accuse him selfe. In the highest cases of treason, torture is v­sed for discouerie, and not for euidence. In capi­tall matters, no delinquents answer vpon oath is required, no not permitted. In criminall matters not capitall, handled in the Starre Chamber, and in causes of Conscience handled in the Chauncerie, for the most part grounded vpon trust and secresie, the oath of the partie is required. But how? where there is an accusation and an Accusor, which wee [Page] call bills of complaint, (from which the complai­nant cannot varie, and out of the compasse of the which the defendant may not bee examined) exhi­bited vnto the Court, and by Proccs notified vnto the defendant. But to examine a man vpon oath out of the insinuation of fame, or out of accusati­ons secret and vndeclared, though it haue some countenance from the Ciuill-Law, yet is so oppo­site ex diametro to the sence and course of the Com­mon-Law, as it may well receiue some limitation.

Concerning the Liturgie, the Cere­monies, and Subscription.

FOr the Liturgie, great respect and heed would be taken, least by inueighing against the dumbe Ministrie due reuerence be not with drawne from the Liturgie. For though the guift of Preaching, bee farre aboue that of Reading, yet the action of the Liturgie is as high and holy as that of the Ser­mon. It is said, Domus me a domus or ationis vocabi­tur, The house of Prayer, not the house of Prea­ching. And whereas the Apostle saith: How shall men call vpon him on whom they haue not belerued? and how shal they beleeue vnlesse they heare? and how shall they beare without a Preacher? It appeareth that as Preaching is the more originall, so Prayer is the more finall, as the difference is between the [Page] seed and the fruit for the keeping of Gods Law; is the fruit of the teaching of the Law, and Prayer, or Inuecation, or Diuine seruice, or Liturgie (for these be but varietie of termes) is the mediate hal­lowing of the Name of God, and the principall worke of the first Table, and of the great Com­mandement of the Law of God. It is true that the Preaching of the holy word of God, is the sowing of the seed, it is the lifting vp of the brazen serpent, the Ministrie of Faith and the ordinary meanes of saluation, but yet it is good to take example, how that the best Actions of the worship of God may be extolled excessiuely and superstitiously. As the extolling of the Sacrament bred the superstition of the Masse; the extolling of the Liturgie and prayers, bred the superstition of the Monasticall orders and oraisons; And so no doubt Preaching likewise may be magnified and extolled superstiti­oufly, as if all the whole body of Gods worship should be turned into an eare. So as none (as I sup­pose) of sound judgement, will derogate from the Liturgie, if the forme thereof be in all parts agree­able to the word of God, the example of the Pri­mitiue Church, and that holy decency which S. Paul commendeth. And therefore first, that there be a set forme of prayer, and that it be not left, either to an extemporall forme, or to an arbitrarie forme. Secondly, that it consist aswell of lawdes, hymnes, and thankesgiuings, as of petitions, prayers & sup­plications. [Page] Thirdly, that the forme therof be quick­ned with some shortnes, and diuersities of prayers and hymnes and with some interchanges of the voyce of the people, as well as of the voyce of the Minister. Fourthly, that it admit some distinctions of times and commemorations of Gods principal benefits, as well generall as particular. Fifthly, that prayers likewise be appropriated to seuerall neces­sities and occasions of the Church. Sixtly, that there be a forme likewise of words and Liturgie 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 thinke will not bee much controuerted.

But for the particular exceptions to the Litur­gie in forme as it now stands, I thinke diuers of them allowing they were just, yet seeme they not to be weightie, otherwise then that nothing ought to bee accounted light in matters of Religion and pietie, as the Heathen himselfe could say, Etiam vultu sape laeditur pietas. That the word Priest should not bee continued especially with of­fence, the word Minister being already made fami­liar. This may be said that it is a good Rule in tran­slation, neuer to confound that in one word in the translation, which is precisely distinguished in two words in the originall, for doubt of aequiuoca­tion and traducing. And therefore seeing the word [...] and [...] bee alwayes distinguished [Page] in the originall, and the one vsed for a Sacrificer, the other for a Minister, the word Priest beeing made common to both, whatsoeuer the deriuation be, yet in vse it confoundeth the Minister with the Sacrificer. And for an example, of this kind, I did euer allow the discretion and tendernesse of the Rhemish translation in this Point, that finding in the originall the Word [...] and neuer [...], doe euer translate Charitie, and neuer Loue, because of the indifferencie and equiuocation of the word with impure Loue.

Touching the Absolution, it is not vnworthy consideration whether it may not bee thought vn­proper and vnnecessary, for there are but two sorts of Absolution, both supposing an obligation pre­cedent: the one vpon an Excommunication, which is Religious and Primitiue; the other vpon Confession and Pennance which is superstitious, or at least positiue, and both particular, neither generall. Therefore since the one is taken away, and the other hath his proper case, what doth a ge­nerall Absolution wherin there is neither Penance nor Excommunication precedent. For the Church neuer looseth, but where the Church hath bound. And surely, I may thinke, this at the first was al­lowed in a kind of Spirituall discretion, because the Church thought the people could not bee sud­denly weaned from their conceit of assoyling, to which they bad heene so long accustomed.

[Page]For Confirmation, to my vnderstanding the state of the Question is, whether it bee not a mat­ter mistaken and altered by time, and whether that be not now made a subsequent to Baptisme, which was indeed an inducement to the Communion. For whereas in the Primitiue Church, children were ex­amined of their Faith before they were admitted to the Communion, time may seeme to haue turned it to referre as if it had beene to receiue a confir­mation of their Baptisme.

For Priuate Baptisme, by Women or Lay­persons, the best Diuines doe vtterly condemne it, and I heare it not generally defended, and I haue often maruelled, that when the Booke in the Pre­face to publique Baptisme, doth acknowledge that Baptisme in the practise of the Primitiue Church, was anniuersarie and but at set and certaine times, which sheweth that the Primitiue Church, did not attribute so much to the Ceremonie, as they would breake an outward and generall order for it, the Booke should afterwards allow of Priuate Baptisme, as if the Ceremonie were of that neces­sitie as the very Institution, which committed Baptisme onely to the Ministers, should bee bro­ken in regard of the supposed necessitie. And therefore this point of all others, I thinke was but a concessum propter duritiam cordis.

For the forme of celebrating Matrimonie; the Ring seemeth to many euen of vulgar sence [Page] and vnderstanding, a Ceremonie not graue, spe­cially to be made (as the words make it) the essen­tiall part of the action: besides some other of the words are noted in speech to bee not so decent and fit.

For Musicke in Churches. That there should be singing of Psalmes and spirituall songs, is not de­nied, so the Question is De modo; wherein if a man will looke attentiuely into the order and obser­uance of it, it is easie to discerue, betweene the wisedome of the institution, and the excesseof the late times. For first, there are no Songs or Verses sung by the Quire, which are not supposed, by continuall vse, to bee so familiar with the people as they haue them without booke, whereby the sound hutteth not the vnderstanding, and those which cannot read vpon the booke, are yet parta­kers of the sence and may follow it with their mind. So againe, after the reading of the Word of God, it was thought fit there should bee some pawse for holy meditation before they proceeded to the rest of the seruice; which pawse was thought fit to be filled rather with some graue sound, then with a still silence, which was the reason of the plaving vpon the Organs after the Scriptures read. All which was decent and tending to edification. But then the curiositie of diuision and reports, and other figures of Musick, haue no affinitie with the reasonable seruice of God, but were added in the more pompous times.

[Page]For the Cap and Surplsce, since they bee things in their nature indifferent, and yet by some held superstitious, and that the question is betweene Science and Conscience, it seemeth to fall within the compasse of the Apostles rule, which is, that the stronger doe descend and yeeld to the weaker. Onely, the differenceis, that it will be materially said, that the rule holds between priuate man, and priuate man, but not betweene the conscience of a priuate man, and the order of a Church. But yet since the question at this time is of a tolleration, not by conniuence which may incourage disobe­dience, but by law which may giue a liberty, it is good againe to bee aduised, whether it fall not within the equitie of the former rule. The rather because the silencing of Ministers by this occasi­on, is in this scarcitie of good Preachers, a punish­ment that lights vpon the people, as well as vpon the partie. And for the Subscription it seemeth to bee in the nature of a consession, and therefore more proper to binde in the vnitie of Faith, and to be vrged rather for Articles of doctrine, then for Rites and Ceremonies and points of outward gouernment. For howsoeuer politike considera­tions and reasons of State may require vniformi­tie, yet Christian and diuine grounds looke chief­ly vpon vnitie.

Touching a Preaching Ministry.

TO speake of a learned Ministerie, it is true, that the worthinesse of the Postors and Ministers is of all other points of religion the most summary; I doe not say the greatest, but the most effectuall to­wards all the rest. But herein to my vnderstanding, while men goe on in Zeale to hasten this worke; they are not aware of as great or greater inconue­nience then that which they seeke to remoue. For while they inueigh against a dumbe Ministerie, they make too easie and too promiscuous an al­lowance of such as they account Preachers; ha­uing not respect enough to their learnings in o­ther Artes, which are hand-maides to Diuinitie; nor respect inough to the guift it selfe which many times is none at all. For God forbid that euery man that can take vnto himselfe boldnesse to speak an houre together in a Church vpon a Text, should be admitted for a Preacher though he meane ne­uer so well, I know there is a great latitude in guifts and a great varietie in Auditories and Congrega­tions, but yet so, as there is aliquid infionum, below which you ought not to descend. For you must rather leaue the Arke to shake, as it shall please God, then put vnworthy hands to hold it vp, and [Page] when we are in Gods Temple, we are warned ra­ther to put our hands vpon our mouth, then to of­fer the Sacrifice of fooles. And surely, it may be just­ly thought, that amongst manycauses of Athiesme, which are miserably met in our Age, as Schismes and controuersies, prophane scoffing in holy matters and others, it is not the least that diuers do aduenture to haudle the word of God, which are vnfit and vnworthy. And herein I would haue no man mistake me, as if I did extoll curious and affected Preaching, which is as much on the other side to be disliked, and breeds Atheisme and scan­dall as well as the other (for who would not bee offended at one that comes into the pulpit, as if he came vpon the Stage, to play parts or prizes,) nei­ther on the other side, as if I would discourage any who hath any tollerable gift.

But vpon this point, I ground three considera­tions, whether it were not requisite to renew that good Exercise which was practised in this Church some yeares, and afterwards put downe, by or­der indeed from the Church in regard of some a­buse thereof, inconuenient for those times, and yet against the aduise and opinion, of one of the greatest and grauest Prelates of this Land, and was commonly called Prophecying; which was this; That the Ministers within a Precinct, did, meete vppon a weeke day, in some principall Towne, where there was some ancient graue [Page] Minister, that was President, and an Auditorie ad­mitted of Gentlemen, or other persons of leasure; then euery Minister successiuely, beginning with the yongest, did handle one and the same piece of Scripture, spending seuerally some quarter of an houre or better, & in the whole, some two houres; and so the Exercise beeing begun and concluded with prayer, and the President giuing a Text for the next meeting, the Assembly was dissolued. And this was as I take it, a fort-nights Exercise, which in my opinion was the best way to frame and traine vp Preachers to handle the Word of God as it ought to be handled, that hath been pra­ctised. For we see Orators haue their Declamati­ons, Lawyers haue their mootes, Logicians their Sophems, and euery practise of Science hath an exercise of erudition and imitation, before men come to the life, onely Preaching which is the wor­thiest, and wherein it is most danger to doe amisse, wanteth an introduction, and is ventred and rush­ed vpon at the first; but vnto this Exercise of the Prophesie, I would wish these two additions; the one, that after this Exercise which is in some sort publique, there were immediatly a priuate 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 vnsound and vncomely. And in a word might mutually vse [Page] such aduise, instruction, comfort or encourage­ment, as occasion might minister for publike re­prehension were to be debarred.

The other addition that I meane is, that the same Exercise were vsed in the Vniuersities for young Diuines before they presumed to Preach, as well as in the Country for Ministers, for they haue in some Colledges an exercise called a Common­place which can m no degree, bee so profitable, beeing but the speech of one man at one time. And if it bee feared that it may bee occasion to whet mens speeches for Controuersies, it is easily remedyed by some strict prohibition, that mat­ters of Controuersie tending any way to the vio­lating or disquicting of the peace of the Church be not handled or entred into; which prohibition in regard there is euer to be a graue person Presi­dent or Moderator, cannot bee suffered. The se­cond consideration is, whether it were not conue­nient there should be a more exact probation and examination of Ministers. Namely, that the By­shops doe not ordaine alone but by aduise, and then that the ancient holy orders of the Church might be reuiued, by the which the Byshop did ordaine Ministers but at foure set times in the yeare, which were called, Quatuor tempora which are now called Ember-weekes; it being thought fit to accompany so high an action with generall Fasting, and Prayer, and Sermons, and all holy [Page] exerciles. And the names likewise of those that were ordained were published some dayes before their ordination, to the end exceptions might bee taken if just cause; were.

The third consideration is, that if the case of the Church of England bee, that where a com­putation is taken of all the perochian Parishes, as allowing the vnion of such as were too small, and adjacent, and againe a computation to bee taken of the persons who are worthie to bee Pa­ftors. And if vpon the said account it fall out, that there are many more Churches then Pastors, then of, necessitie, recourse must bee had to one of these remedies; eyther that Pluralities must be allowed, specially if you can by permutations make the benefices more compatible, as there be allowed Preachers to haue a more generall charge to supply and serue by turne Parishes vnfurnished. For that some Churchas should bee prouided of Pastors able to teach, and other wholly destitute, seemeth to mee to bee against the Communion of Saints, and Christians, and against the practise of the Primitiue Church.

Touching the abuse of Excommunication.

EXcommunication is the greatest judgement vp­pon the earth, being that which is ratified in Heauen, and being a precursorie or prelaso­rie judgement of Christ in the end of the world; and therefore for this to be vsed vnreuerently, and to bee made an ordinarie processe to lackie vp and downe for Fees, how can it bee without de­rogation to Gods honour, and making the power of the keyes contemptible? I know very well the defence thereof, which hath no great force, That it issues foorth not for the thing it selfe, but for the contumacie. I doe not denie but this judge­ment is as I said before, of the nature of Gods judgement, of the which it is a modell; For as the judgement of God taketh hold vpon the least sin of the impenitent, so excommunicatiò, may in case issue vpon the smallest offence, and in case not issue vpon the greatest, but is this cōtumacy, such a contuma­cie as Excommunication is now vsed for? for the con­tumacie must be such, as the partie, as farre as the eye and wisedome of the Church can discerne, stan­deth in state of reprobation and damnation, as one that for that time seemeth giuen ouer to finall im­penitencie. Vpon this obseruation I ground 'two [Page] considerations; The one, that this censure bee re­stored to the true dignitie and vse thereof, which is that it proceed not but in cases of great weight, and that it be decreed not by any Deputie or sub­stitute of the Byshop, but by the Byshop in person; and not by him alone, but by the Byshop assisted.

The other Consideration is, that in lieu there­of, there be giuen to the Ecclesiasticall Courts, some ordinary processe, with such force and co­ertion, as appertaineth. That so the dignitie of so high a sentence being retained, and the necessitie of meane processe supplyed, the Church may bee indeed restored to the Ancient vigor and splendor. To this purpose joyned with some other holy and good purposes, was there a Bill drawne in Parlia­ment in the three and twentie yeare of the raigne of the Queene deceased, which was the gra­uest Parliament that I haue knowne, and the Bill recommended by the grauest Counsellor of Estate in Parliament, though afterwards it was stay­ed by the Queenes speciall commandement, the nature of those times considered.

Touching the Non-residents and Pluralities.

FOR Non residents except it be iust of necessa­ry absence, it seemeth to be an abuse drawne out of couetousnesse and sloath; for that men [Page] should liue of the flocke that they doe not feede, or at the Altar at which they doe not serue, is a thing that can hardly receiue just defence, And to exercise the office of a Pastor in matter of word and doctrine by deputy, is a thing not warranted as hath beene touched before. The question vpon this poynt doth chiefely arise vpon the cases of exception, and excusation, which shall be thought reasonable and sufficient, & which not, for the case of Chaplaines, let me speake that with your Maje­sties pardon, and with due reuerence towards o­other Peeres and graue persons, which are by Sta­tutes priuiledged, I should thinke that the atten­dance which Chaplaines giue to your Majesties Court, and in the Houses and Families of their Lords, were a juster reason why they should haue no Benifice, then why they should bee qualified to haue two, for as it standeth with Christian po­licie, that such attendance be in no wise neglected; because that good which ensueth thereof to the Church of God, may excced or counteruaile that which may sollow of their labours in any, though neuer so large a congregation, so it were reaso­nable that their maintainance should liberally proceed thence whence their labours bee employ­ed. Neither are there wanting in the Church, Dignities and preferments not joyned with any exact cure of soules, 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 [Page] sort, may bee further encouraged and rewardeds And as for extraordinary attendants they may ve­ry well retaine the grace and countenance of their places and duties at times incident therunto with­out discontinuance or non-residence in their pasto­rall charges.

Next, for the case of Intending studies in the Vniuersities, it will now easily receiue an Answer, for studies doe but serue and tend to the practise of those studies; And theref ore by that which most principall and finall to be left vndone, for the at­tending of those which is subseruient and submi­nistrant, seemeth to bee against proportion of rea­son. Neither do I see but that they proceed Right­well in all knowledge which do couple studie with their practise, and do not first study altogether and then practise altogether. And therefore they may very well study at their benefice. Thirdly, for the case of extraordinary seruice of the Church, as if some Pastor be sent to a generall Counsell, or here to a Conuocation, and likewise for the case of ne­cessity, as in the particular of infirmity of body and the like, no man will contradict, but there may be some substitution for such a time. But the generall case of necessity, is the case of Pluralities, the want of Pastors and insufficiency of Liuings considered. Posilo, that a man doth faithfully and incessantly diuide his labours betweene two Cures, which kinde of necessity I come now to speake of, in the handling of Pluralities.

[Page]For Pluralities, in case the number of able Mi­nisters were sufficient, and the value of the Bene­fices were sufficient, then Pluralities were in no sort tollerable. But wee must take heed we desire not contraries; For to desire that euery parish should bee furnished with a sufficient Preacher, and to desire that Pluralities bee forthwith taken away, is to desire things contrary, considering de facto, there are not sufficient Preachers for euery Parish; wherto adde likewise, that there is not suf­ficient liuing and maintenance in many parishes to maintaine a Preacher, and it makes the impossi­bilitie yet much the greater. The remedies in rerum natura are but three, Vnion, Permutation, and Supply. Vnion, of such Benefices as haue the Li­uing too small, & the parish not too great, and are adiacent. Permutation, to make Benefices more compatible men bee ouer-ruled to some losse in changing a better for a neerer. Supply, by stipen­darie Preachers to bee rewarded with some libe­rall stipends to supply as they may, such places which are vnfurnished of sufficient Pastors, as Queene Elizabeth amongst other her Christian acts, did erect certaine of them in Lancashire, towards which persons, I see no reason but rea­ding Ministers if they haue rich Benefices should bee charged.

Touching the Prouision for sufficient maintenance in the Church.

TOuching Church maintenance it is well to be weighed, what is Iure divino, and what is Iure positive; it is a constitution of the Diuine law, where-from Humaine lawes cannot derogate; that those that feed the flocke, should liue of the flocke; that those which serue at the Altar, should liue at the Altar; and which dispence Spirituall things, should reape Temporall things. Of which it is also an appendix, that the preportion of this maintenance be not small or necessitious, but plen­tifull and liberall; so that all the places and offices in the Church haue such a donation, that they may bee maintayned according to theyr seuerall degrees, is a constitution parmanent and perpe­tuall. But for particularitie of the endowment, whether it should consist in Tythes, or Lands, or persons, or mixt, it may make a question of con­uenience; but, no question of precise necessitie: Againe, that the case of the Church De facto is such, that there is want in the Church of patrimo­nie, is confessed for the principall places; namely, the Bishops liuings are in some particulars not sufficient; and therefore inforced to bee supplyed by toleration of Commendams, things in them­selues [Page] vnfit and euer held of no good report.

And as for the Benefices and Pastors places, it is manifest, that many of them were very weake and penurious; on the other side, that there was a time when the Church was rather burdened with superfluitie then with lacke; that is likewise appa­rant, but it was long since, so as the fault was in others, the want redoundeth vpon vs againe. And therefore, that it were to bee wished that Impro­priations were returned to the Church as the pro­per and naturall endowment thereof. As a thing likewise whereon mens judgements will not much varie. Also, that it is an Impossibilitie to proceed eyther to theyr resumption or redemption, is as plaine on the other side; for men are stated in them by the highest assurence of the Kingdome, which is Act of Parliament, and the value of them amounteth much aboue tenne Subsidies. And the Restitution must of necessitie passe their hands in whose hands there is interest and possession.

But of these things which are manifestly true, to inferre and ground some conclusions; First, for mine owne opinion and since I must confesse, let mee speake it with reuerence, that all the Par­liaments since the 27. and 31. of King Hen.8. who gaue away Impropriations from the Church, seeme to mee to stand in some sort obnoxious and obliged to God in Conscience to doe somewhat for the Church, to reduce the Patrimonie there­of [Page] to a competencie; for since they haue debar­red Christs wife of a great part of her Dowrie, it were reason they made her a competent Ioynture. Next to say, that Impropriations should bee onely charged, that carryeth neyther possibilitie nor reason. Not possibilitie for the reason touch­ed before. Not reason because if it be conceived that any other persons bee charged it should bee a recharge or double charge, in as much as hee payeth tythes to the Church, so the Realme hath taken that away againe from the Church, and gaue them to the King, as they might giue their tenth sheaffe, or ninth sheaffe; and there­fore, the first guist beeing evacuated, it can­not goe in deseazance or disgrace of that perpe­tuall bond whereby men are bound to maintaine Gods Ministers. As we see in example, that divers godly and well disposed persons doe put in vre who are content to increase their Preachers livings, which though in Law it bee but a bene­volence; yet before God, it is but a conscience. Farther that Impropriations should not be some­what more deepely charged then other reve­newes of like value; me thinkes cannot well be de­nyed, both in regard of the ancient claime of the Church and the intention of the first giver. And againe, because they haue passed in valuati­on betweene man and man somewhat at the lesse rate, in regard of the said presence or claime in Consci­ence [Page] before God: But of this point touching Church maintainance, I doe not thinke fit to en­ter into a farther particularitie, but releeue the same to a fitter time.

Thus haue I in all humblenes and sinceritie of heart, to the best of mine vnderstanding, given your Majestie tribute of my cares and cogitati­ons in this holy businesse, so highly tending to Gods glorie, your Maiesties honor, and the peace and welfare of your States; in so much, as I am perswaded the Papists themselues should not need so much the severitie of the penall Lawes, if the sword of the Spirit were bet­ter edged, by strengthening the authoritie and suppressing the abuses in the Church.

To conclude therefore, renuing my most humble submission of all that I haue said, to your Majesties most high wisedome; and againe, most humbly craving pardon for my errour committed in this writing, with the same weaknesse of Iudgement which suffered me to commit them, would not suffer mee to discover them. I end with my devout and servent prayer to God, that as hee hath made your Maiestie the corner stone in joyning your two King­domes, so you may bee also as a corner stone to [Page] vnite and knit together these differences in the Church of GOD, to whose heauenly grace, and neuer erring Direction, I commend your Majesties Sacred person and all your doings.

FINIS.

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