Of the Liturgy and Ceremonies.

TO begin with the Calendar; we ſhall not inſiſt on the Rule to find out Eaſter, which hath been ſometimes found not to be true, becauſe that does more concern the Clergy to look after, than any of us: But as to ſome of the Leſſons appointed in it, they being deſign'd for our Edification, we hope we may have • ib •• ty to ſpeak. What a ſmutty Story is that in the 6th, 7th, and 8th Chapters of Tobit, appointed for the Leſſons on the laſt day of September, and the firſt of Auguſt, which is enough to make a Man laugh till he burſt, as certainly as the lumps of Pitch, Fat, and Hair, did the Dragon (Another precious Story, which not being appointed formerly by our Church, was by the New Reformers on the late Kings Reſtauration, ordered to be read to us on the 23d of November). The buſineſs in ſhort, is this, Tobias luckily catcht a certain Fiſh, that greedily ſnapt at him, Tobit c. 6. Roaſted it, and Eat it; but by the Direction of the Angel, very carefully lays up the Heart, the Liver, and the Gall. Now an Ointment made of this Gall, was a notable Remedy againſt Whiteneſs in the Eyes. If it were as good againſt Dimneſs of Sight too, we could wiſh for the ſake of the Author of Vox Cleri, we knew what ſort of Fiſh this was. Tobit c. 7. But a far greater Vertue lay in the Liver, and the heart as Tobias afterwards found, when he came to the Houſe of Raguel. For this Raguel had a Bonny Girl to his Daughter, called Sarah, on whom it ſeems a certain ſpiteful Devil had clapt a ſort of a Venetian Pad-lock; ſo that tho ſeven young Fellows had ſucceſſively Married her, yet none of them had been able to Conſummate the Buſineſs, but loſt their own Lives the very firſt Night they made any offers that way. Tobias was deeply ſmitten with her, and not diſcouraged for all this, in ſhort, makes up the Bargain and Marries her. Tobit c. 8. And juſt before he Beds her, takes the aforeſaid Heart and Liver of the Fiſh, and burns them upon the Coals, which made ſuch a perfume, that away ſcours the Devil into the utmoſt parts of Egypt; and ſo Tobias and Sarah very comfortably enjoy each other. The Author of Vox Cleri hath a peculiar Crotchet of his own, of reading ſome Portions out of 〈 in non-Latin alphabet 〉 in the Church, for the further enlightning our Underſtanding. And why not the Arcadian Prayer in the ſame Book for the furthering of our Devotions? To carry on the Humour, we humbly move, that we may be in • tructed out of another Royal Paper; That the ſame day, on which this Story out of Tobit is read to us, the other Leſſon to make them both of a piece, may be the late Depoſitions about the pretended Prince of Wales.

The Gloria The frequent Repetition of this, is one of thoſe things which A. B. Ʋſher, Bp. Williams, Prideaux, and Brownrig, Dr. Ward, Featly, and Hacket took notice of, and would have conſider'd, whether it were not fit to be amended. See the Copy of the Proceedings of theſe Divines touching Innovations, &c. and Conſiderations on the Common-Prayer Book, p. 7. Patri is ſometimes ſaid, for Inſtance on the firſt day of the Month, five times at the end of the Pſalms read for the Morning-Service; again, at the end of the the Lords Prayer after the Abſolution; again, at the end of the 95th Pſal. O come let us Sing, &c. again, at the end of the Benedicite; again, at the end of Benedictus; and again, in the Litany; that is ten times in the ordinary Morning-Service.

The Lords Prayer is ſaid once at the end of the Abſolution; again, after the Apoſtles Creed; again, in the Litany; and again, in the beginning of the Communion-Service; and again, in the ſecond part of the Communion-Service; and again, in the Pulpit before Sermon; ſo that 'tis repeated five times every Sunday Morning conſtantly, and ſix if there be a Communion.

Not to ſpeak of the Kyrie Eleeſons, nor of all the Congregations, even Women too, ſaying after the Miniſter with a loud Voice, nor of their alternate reading the Verſes of the Pſalms, for which later, we don't find any Rubrick; all which ſeem to make ſuch a confuſed Babling, that we can hardly reconcile it to the Apoſtles Diſcouſe in the firſt Epiſtle to Corinth. and 14th Chapter; and make a Man think he were in Dover-Court, rather than a Chriſtian Aſſembly.

Good Lord deliver us, is repeated eight times in the Litany; and We beſeech thee to hear us good Lord, no leſs than two and twenty times in the ſame.

We can't but on this Occaſion ſometimes reflect on that wiſe Doctor at Oxford, who when he met with a little good way, was wont after he had once travell'd over it, to turn about his Horſe, and ſay, 'Tis ſo good, let's go this over again.

This hath a ſemblance of thoſe vain Repetitions forbidden by our Saviour; and when we reproach the Fanaticks for their Tautologies in Prayer, they immediately flap us in the mouth with this; and we profeſs ſincerely we are not able to reply upon them.

Moſt of the Coll • cts have but one Petition in them. Were ſeveral of our ſhort Prayers well digeſted into one, we humbly conceive it would be like the uniting of the little Sparkles of Heaven into a conſtellation that renders them the more conſpicuous. And were the whole Service ſomewhat ſhortned, and ſo room left for Free-Prayer, and encouragement given to it, we queſtion not but our Learned Clergy would immediately exceed any of the Diſſenters in that way, and greatly edify us. For not to examine what hath been urged on both ſides, we will take the Learned Dr. Stillingfleet's Opinion for true, That this was an Invention of the Jeſuits: yet we know they are cunning Fellows; 'tis a very popular thing; it takes wonderfully; & fas eſt & ab hoſte doceri.

We are of that Gentleman's mind, who ſaid, Character of a Trimmer, by Sir W. C. a Lay Gentleman of our Church, p 20. There may be too great a reſtraint put on Men whom God and Nature hath diſtinguiſhed from their Fellow-labourers, by bleſſing them with a happier Talent; and by giving them not only good Senſe, but a powerful Utterance too, hath enabled them to guſh out on the Attentive Auditory with a mighty ſtream of devout and unaffected Eloquence; when a Man qualified, endued with Learning too, and above that, adorn'd with a good Life, breaks out into a warm and well-deliver'd Prayer before his Sermon, it hath the appearance of a Divine Rapture, he raiſeth and leadeth the hearts of the Aſſembly in another manner than the moſt compoſed or beſt ſtudied form of ſet words can ever do; and the Pray-wees would look like ſo many Statues, or Men of Straw, in the Pulpit, compar'd with thoſe who ſpeak with ſuch a powerful Zeal, that men are tempted at the moment to believe Heaven it ſelf hath directed their words to them.

Herein we confeſs we don't expect the concurrence of the Author of Vox Cleri, who hath an aking Tooth at Lectures and Sermons too, as well as, no doubt, a mighty ſpleen at this Free-prayer, and would have all the publick Miniſtrations to conſiſt in reading Liturgies and Homilies; And then if God Almighty would but ſend a man a good pair of Eyes, or in caſe he don't do that, a Feſcue, and a pair of Spectacles, he might e'en keep • he Gifts of his Spirit to himſelf, for any n • ed that a Clergy-man may have of them.

We could wiſh for the ſake of the Greek Churches, that the ſevere Clauſes in the Athanaſian Creed were expunged; for tho we believe all the Articles of Faith contained in it, yet we think it no more becomes us to damn Folks in the Church, and at Divine Service, than in the Streets, and in common Diſcourſe.

We think it very odd, that Te Deum, Benedicite, the Pſalms in Proſe, and the Three Creeds, ſhould be appointed to be SUNG or ſaid. The Leſſons in the Old Common Prayer-Book were order'd to be Sung in a plain Tune. That is reform'd, and they are now appointed to be read diſtinctly with an audible voice. And is there not the ſame reaſon for the other two? Were this canting way laid aſide, we might then have the Pſalms in the New Tranſlation; for 'tis for the ſake of their being point • d to be SUNG or ſaid, that though in ſome places it be corrupt, and in others hath ſeveral Verſes that are not in the Original, but the Septuagint only, the old one is ſtill retained.

We have known ſome Men that have riſen from the Dunghil to a great fortune; who have hung up their Leathern Breeches as a Monument of their former low Circumſtances; but not that they uſed to ſanter and trudg up and down in them as Ornaments, when they had a Pair of freſh Silk ones lying by them.

We could wiſh thoſe two Rubricks in the Communion Service were review'd; the firſt of which directs the Curate to ſtand at the North-ſide of the Table, when he ſaith the Collect and the Lord's Prayer; and the ſeccond immediately after directs him to turn to the People, and rehearſe diſtinctly all the Ten Commandments. We humbly conceive, did the Curate look the ſame way when he reads the Collect and Lord's Prayer, as he doth when he reads the Commandments; or rather, were both of them read in the Desk where the other Prayers are, eſpecially in great Churches, we might then be able to hear him, which now many times we can't, and conſequently are no more edified than by the Muſic of the Spheres. See the Rubric about reading the Leſſons. When the Leſſons are read, the Curate is order'd ſo to ſtand and turn himſelf, as he may be beſt heard of all ſuch as are preſent. The reaſon is the ſame in both Caſes. This we find reckon'd by thoſe great Lights of our Church, formerly mention'd, among the Innovations,Id. ut ſupr. p. 5. the reading ſome part of the Morning Prayer at the H. Table when there is no Communion. Nor can we be ſatisfied with what is uſually ſaid in defence of this Practice, That 'tis to put the people in mind that they ſhould celebrate the Communion every Sunday. In the Name of God, what need is there of ſuch dumb ſigns to inſtruct us in our Duty, which are ſo contrary to Edification, when we have ſo many Excellent and Learned Men, who can and ought to do it to much better purpoſe in their frequent, Eloquent and Pious Sermons out of the Pulpit? Muſt ſuch Motions, as well as Pictures, be Lay-mens Books?

For our Childrens ſake, we could wiſh that the Order of Confirmation were not made a matter of meer Form and Ceremony; that it were carefully look'd to, not only that they be able to ſay the Creed, Lord's Prayer, and Ten Commandments, and to anſwer the Queſtions in the Catechiſm, but that they underſtand them too; to this end, that the Rubric, which ſo rarely well enjoins the Curate diligently to catechiſe the younger ſort, and then either to bring them, or at leaſt ſend in Writing▪ with his hand ſubſcribed thereunto, the Names of all ſuch perſons in his Pariſh as he ſhall think it to be preſented to the Biſhop to be Confirmed, may be reinforced and obſerved, that ſo thoſe that are notoriouſly ſcandalous, or groſly ignorant what their Godfathers and Godmothers promiſed for them in Baptiſm, and which now with their own Mouth and Conſent they are openly before the Church to ratifie and confirm, may not be admitted to it.

'Tis certainly no fault in our Conſtitution, but there is a great one in thoſe who do not act according to it that admit many who have as little underſtanding of the Baptiſm • l Covenant when Hands are laid, as when Water was poured upon them. And we could wiſh ſome of our Spiritual Fathers would ſhew us by what warrant theſe words are uſed in the Collect for that Service.— On whom, after the example of thy holy Apoſtles, we have now laid our hands, to certifie them by this ſign of thy Favour, and Gracious Goodneſs towards them. And that they may be diligently compared with our Churches Definition of a Sacrament.

We could wiſh thoſe paſſages in the Burial of the Dead were review'd, viz. Foraſmuch as it hath pleaſed Almighty God, to take to himſelf the Soul of our dear Brother here Departed, &c. We give thee hearty thanks for that it hath pleaſed thee to deliver this our Brother out of the miſeries of this ſinful World. —That we may reſt in him (viz. Chriſt) as our hope is this our Brother doth. We do not enquire how the Clergy can read this over all Dead men that are not either Excommunicated, Unbaptized, or have not laid violent hands on themſelves. Tho we could wiſh men that are ſo charitable to the dead, would be ſo to the living too. But we too often accompany the Corps of a drunken, debaucht neighbour of ours; who lived all his days in the habitual practice of many deadly ſins, and gave no ſigns of Repentance that we could ever hear of; it may be the fatal arrow ſtruck through him while he was in the very act of ſome foul ſin. The Grave cannot ſtrike a colder damp on our bodies, than the thoughts of this doth on our Devotions; and we can no more ſay Amen on ſuch occaſions, than the dead man himſelf, on whoſe Funeral we attend. 'Tis true indeed, we are told that theſe words do ſuppoſe the ſtrict exerciſe of Diſcipline. But as long as we ſee no ſuch thing, 'tis an Hypotheſis that gives us no relief at all.

And ſeeing we are fallen on the Diſcipline of the Church, we do moſt humbly and earneſtly beſeech our Spiritual Fathers and Guides, that they would at laſt try their utmoſt for the ſetting of it up, that we may not be told from year to year, as we are in our Aſhwedneſday Service, that there WAS anciently in the Church a godly Diſcipline of putting notorious Sinners to open Penance, which we only wiſh were reſtored, but confeſs it is not. And we think that which our Church hath ſet up in the room of it, deſerves a little Conſideration; viz. the reading the general Sentences of God's Curſing againſt impenitent Sinners, out of Deut. 27. and other places of Scripture, to which we are all required to anſwer and ſay Amen.

Now ſuppoſe any man hath a near relation that is unmerciful, a Fornicator, an Adulterer, a Covetous perſon, an Idolater, Slanderer, Drunkard, for the Curſe is pronounced againſt all theſe: Or ſuppoſe our King ſhould be guilty of any of theſe crimes, as ſome of them were within the memory of man, we ſhould be loth to ſay Amen, or So be it, to ſuch a Curſe. We have often heard the men of the Scotch Kirk reproach'd ſeverely for the Excommunicating of Kings. A David may take another man's Ewe-Lamb; and it would be well if a Nathan would bring him to a ſenſe of that horrible ſin by a parable, and by a particular application of a Thou art the man. But for every one of us of the Laity to pronounce an Amen to a ſolemn Curſe denounced againſt all ſuch Offenders, and them among the reſt, tho in the ſelf-ſame Service we ſtile them our moſt Religious and Gracious ones, and that in the Church too, don't look like that Reverence we have been taught to bear towards Crowned Heads. True indeed, the Iſraelites once did pronounce ſeveral of theſe Curſes on Mount Ebal, with an Amen; but this was by virtue of an expreſs Command from God; and this might be ſuitable enough to a Legal Spirit, to the rough and ſowre diſpenſation of the Law, but not to the calm, kind, and peaceable Inſtitution of the Goſpel, which is ſoft and gentle, as the wings of that Dove that lighted on the head of him who was the Author of it.

Having conſider'd the Liturgy, we proceed to take notice of thoſe Rites and Ceremonies of our Worſhip, which His Majeſty hath join'd with it, and concerning which, he ſays, That being things in their own nature indifferent, and alterable, and ſo acknowledged, it is but reaſonable, that upon weighty and important Conſiderations, &c.

Now it being confeſs'd on all hands, that they are things alterable and indifferent in their own nature, we are all of us of the mind, that many unanſwerable Reaſons may be urg'd for their utter removal, and their being totally laid aſide; ſuch as are the dangers and hazards to which they have already expos'd our Church, the fatal Diviſions, the unnatural and implacable animoſities they have occaſioned, and continue to foment; the obligations that we lie under from the Commands and Examples of Chriſt and his Apoſtles, to yield in things of ſo ſmall moment to the invincible ſcruples, and the earneſt importunities of our weaker Brethren, as well as many others that have been alledged and inforced by many Learned Pens. We cannot tell how to excuſe the conduct of thoſe perſons, who, notwithſtanding all the reſpect they owe to a Gracious Prince, their Duties to God and their ſcrupulous fellow-Chriſtians, will evidently lay open both the Church and State to an unavoidable Ruin, rather than depart from the Impoſition and Uſe of ſuch Rites, no more than we could have juſtified St. John the Baptiſt, if he had fallen a Sacrifice to the fury of Herod, meerly becauſe he would not adminiſter Baptiſm without his Raiment of Camel • h • ir and his leathern Girdle. We cannot blame the Piety and Wiſdom of our firſt Reformers, who introduced and continued theſe, to avoid throwing the Nation, that was then over-run with Superſtition, into great and deadly Convulſions: but ſince theſe reaſons are now ceas'd, and very diſmal inconveniences do attend their preſent uſe, we do think it better to throw them by, than retain them.

It was neceſſary, that when our Church firſt roſe out of the Superſtition, Darkneſs and Idolatry, in which ſhe had been ſo long buried, ſhe ſhould like Lazarus have ſome of the Grave-cloaths about her; but if out of ſome odd Humour ſhe ſhould reſolve ſtill to wear them, ſhe would appear not only unlovely, but ridiculous. But leſt we ſhould ſeem to puſh this matter too far, we ſhall only ſay, That it is highly requiſite that the uſe of them ſhould be left indifferent; that a ſtrict Uniformity in theſe Rites is no longer neceſſary, provided there be an Agreement in all the Eſſentials of her Doctrine and Worſhip; and there are many Grounds that move us to inſiſt on this; viz. that they are but trivial things, and of no moment; that they neither add any real Decency and Beauty to our Worſhip, nor render it more acceptable and pleaſing to God; beſides, there are many Perſons in our Communion, who are weary of them; and many others who frequent our Churches, that do either deſpiſe or ſmile at our rigorous inſiſting upon them;P. 20. 22. for as the Letter concerning the Convocation well ſays, The number of thoſe who are addicted to them, is not very great; and the greateſt part of the Nation, are ſuch as are not over-zealous, and fond of them, but might by the Method we offer, be more firmly fixed to us. There is a Body of Men who are ſtill among us, and attend in our Churches, and at our Sacraments, who do think our preſent Conteſts about theſe matters, to be much like that, which we about London ſaw managed between the Ladies and the Mobile about Top-knots; the Rabble deſign'd to force them to lay them aſide by Ballads, Pictures, and inſolent Jeers; but that S • x which uſes to conquer by their Charms, got the Victory now by Obſtinacy and Reſolution, and the poor Top-knots have outlived their fury. While we ſaw no prejudices ariſe to the Nation, this afforded us a pleaſant diverſion; but had the diſpute run ſo high as to endanger an univerſal Mutiny and Inſurrection, we ſhould have commended that Sex, if they had prudently thrown them off, and quitted the Field.

We do therefore judge, That ſuch things as theſe ſhould no longer be impoſed as terms of our Communion, and ſuch as will not ſubmit to them may be eſteemed as genuine Sons of our Church, as thoſe that do; that this is a Seaſon wherein theſe latter ſhould be allowed as free an acceſs to our Altars and Fonts as the other; and that it is a condeſcention which we owe not only to our Bleſſed Saviour, and thoſe weak Diſciples which he hath ſo tender a concern for but to the Safety and Honour of our Church, as well as her preſent Conſtitution.

Of the Canons.

SInce the conſideration of the greateſt part of 'em will fall under the following Heads in His Majeſty's Commiſſion, we ſhall confine theſe Remarks to a few of 'em that cannot be ſo conveniently rang'd under thoſe Particulars.

The firſt Canon enjoins the maintaining the King's Supremacy over the Church of England in Cauſes Eccleſiaſtical,Can. 1.

And as that Canon declares all Foreign Power (foraſmuch as the ſame has no eſtabliſhment by the Law of God) to be juſtly taken away and aboliſh'd; ſo that Doctrine ſhould in all reaſon be diſown'd and cenſur'd, which ſo many Divines of our Church have endeavoured to def • nd and propagate in their publick Writings, viz. That the Church Ʋniverſal ought to be governed by the Decrees of General Councils; and during the interval of ſuch Councils, the only way of Concord is to obey the Governing Part of the Univerſal Church, viz. All the Biſhops in one Regent College, governing the whole Chriſtian World, per literas formatas. Eſpecially when, on pretence of the eaſier Execution of theſe Univerſal Laws, ſome of 'em have been ſo liberal to his Holineſs, as to aſſign that Province to him of Patriarch of the Weſt, and the Centre of Unity to this part of the Catholick Church. And how much all the fierceneſs of Archbiſhops Laud and Bramhall, Dr. Heylin, Biſhops Morley, Gunning, and Sparrow, Dr. Saywell, Mr. Dodwell, &c. againſt all Diſſenters at home, and their ſtrange chilneſs to the Reformed Churches abroad, is owing to a miſerable fondneſs for this Notion, as the hopeful ground of a Reconciliation between the Church of England and the French Church that has caſt off the Papal Infallibility, it were no difficult Task to ſhew, and were worthy the Obſervation of any Hiſtorian that would give a true Account of the continuance and increaſe of our deplorable Diviſions. And as we diſlike this Notion the more when we conſider the purpoſes and deſigns for which 'tis calculated, ſo we have this Argument to urge why it ſhould be diſown'd, viz. Becauſe it plainly ſets up a Foreign Juriſdiction, againſt which the Nation is ſolemnly ſworn.

The ſecond Canon excommunicates ipſo facto all Impugners of the King's Supremacy.

Ag • inſt which we think there is nothing can be objected but the fault common to it with the 10 following Canons, viz. Excommunicating ipſo facto.—Of which more under theſe following Canons.

Can. 3. Whoſoever ſhall hereafter affirm, That the Church of England by Law eſtabliſhed under the King's Majeſty, is not a true and Apoſtolical Church, teaching and maintaining the Doctrine of the Apoſtles; Let him be excommunicated ipſo facto, and not reſtored but only by the Archbiſhop, after his Repentance, and publick Revocation of ſuch his wicked Error.

Can. 4. Whoſoever ſhall hereafter affirm, That the Form of God's Worſhip in the Church of England eſtabliſhed by Law, and contained in the Book of Common-Prayer and Adminiſtration of Sacraments, is a corrupt, ſuperſtitious, or unlawful Worſhip of God, or contains any thing in it repugnant to the Scriptures; Let him be excommunicated ipſo facto.

Can. 5. Whoſoever ſhall hereafter affirm, That any of the 39 Articles agreed upon by the Archbiſhops and Biſhops of both Provinces, and the whole Clergy, in the Convocation holden at London 1562, &c. are in any part ſuperſtitious or erroneous, or ſuch as he may not with a good Conſcience ſubſcribe unto; Let him be excommunicate ipſo facto.

Can. 6. Whoſoever ſhall hereafter affirm, That the Rites and Ceremonies of the Church of England by Law eſtabliſh'd, are Wicked, Antichriſtian, or Superſtitious; or ſuch as being commanded by lawful Authority, men who are zealouſly and godly affected, may not with any good Conſcience approve 'em, uſe 'em, or, as occaſion requires, ſubſcribe to 'em; Let him be excommunicate ipſo facto.

Can. 7. Whoſoever ſhall hereafter affirm, That the Government of the Church of England under His Majeſty by Archbiſhops, Biſhops, Deans, Archdeacons, and the reſt that bear Office in the ſame, is Antichriſtian, or repugnant to the Word of God; Let him be excommunicate, &c.

Can. 8. Whoſoever ſhall hereafter affirm or teach, That the form and manner of making and conſecrating Biſhops, Prieſts, and Deacons, contains any thing in it repugnant to the Word of God; or that they who are made Biſhops, &c. Let him be excommunicate ipſo facto.

Can. 9. Whoſoever ſhall hereafter ſeparate themſelves from the Communion of Saints, as 'tis approved by the Apoſtles Rules in the Church of England, and combine themſelves together in a new Brotherhood, &c. Let him be excommunicate ipſo facto.

Can. 10. Whoſoever ſhall hereafter affirm, That ſuch Miniſters as refuſe to ſubſcribe to the form and manner of God's Worſhip in the Church of England, preſcribed in the Communion-book, may truly take to 'em the Name of another Church not eſtabliſhed by Law, and dare preſum • to publiſh it, That this their pretended Church has of long time groan'd under the burden of certain grievances impoſed upon it, and upon the Members thereof before mentioned, by the Church of England, and the Orders and Conſtitutions therein by Law eſtabliſhed; Let him be excommunicate ipſo facto.

Can. 11. Whoſoever ſhall hereafter affirm or maintain, That there are within this Realm other Meetings, Aſſemblies, or Congregations, of the King's born Subjects, than ſuch as by the Laws of this Land are held and allowed, which may rightly challenge to themſelves the Name of true and lawful Churches; Let him be excommunicate, &c.

Can. 12. Whoſoever ſhall hereafter affirm, That 'tis lawful for any ſort of Miniſters or Lay-perſons, or either of them, to join together, and make Rules, Orders, or Conſtitutions in Cauſes Eccleſiaſtical, without the King's Authority, and ſhall ſubmit themſelves to be ruled and governed by them; Let him be excommunicate ipſo facto.

To theſe may be added,

Can. 139. Whoſoever ſhall hereafter affirm, That the Sacred Synod of this Nation, in the Name of Chriſt, and by the King's Authority aſſembled, is not the true Church of England by repreſentation,; Let him be excommunicate, &c.

Can. 140. Whoſoever ſhall hereafter affirm, That no manner of perſon either of the Clergy or Laity, not being themſelves particularly aſſembled in the ſaid Sacred Synod, are to be ſubject to the Decrees thereof, in Cauſes Eccleſiaſtical (made and ratified by the King's Majeſty's Supreme Authority) as not having given their voices to them; Let him be excommunicate, &c.

Can. 141. Whoſoever ſhall hereafter affirm, That the Sacred Synod aſſembled as aforeſaid, was a Company of ſuch perſons as did conſpire together againſt godly and religious Profeſſors of the Goſpel; and that therefore both They, and their Proceedings in making of Canons and Conſtitutions in Cauſes Eccleſiaſtical, by the King's Authority as aforeſaid, ought to be deſpiſed and contemned, the ſame being ratified by the ſame Regal Power; Let him be excommunicate, &c.

We have often heard our Clergy mention among many other Excellencies of our Church, her admirable Charity towards thoſe that differ from her; and we have hitherto taken it for one of her juſt Characters. For tho thoſe that diſſent from us, would frequently object the Severity of the Penal Laws, and the rigor with which they have ſometimes been Executed, as if ſuch heavy Fines, and long Impriſonments, look'd but like a cold and frozen ſort of Charity, yet we thought it a ſufficient Anſwer, That our Church did not Countenance any of theſe Severities by her Doctrine. And therefore, how active ſoever ſome of our fiery Zealots (who were the Tools of another Party) might be in urging the Execution of them, this was their perſonal Fault, and nor juſtly imputable to the Church her ſelf. Tho, by the way, we cannot think it ſo ingenuous in ſome of our Clergy, to throw all the blame of thoſe ſevere Laws on the Parliament that Enacted them, which many of themſelves were but too earneſt and importunate Sollicitors of. But we are extreamly ſurprized to read the foregoing Canons, and when we hear them objected as an Evidence of the Uncharitableneſs of our Doctrine it ſelf; We are at a great loſs, what to ſay in defence of it; for we plainly perceive by them, that the Practice of our moſt violent Bigots in the Execution of the Penal Laws, has been as much more Charitable than theſe Canons of our Church; as 'tis more merciful to ſend the Bodies of Men into the Cuſtody of the Jailor, than to conſign their Souls into the Paws of the Devil. Nay, 'tis well that Writs de Excom. Cap. have not been iſſued out againſt all whom theſe Canons Excommunicate. For if they had, the whole Race of Diſſenters had long ſince been both the Jaylors and the Devils Priſoners; and we are very much afraid, a great part of our own Clergy and Laity muſt have born them Company. So that we can foreſee no better Apology for the Convocation that fram'd theſe Canons, than this, That they ſeem only to have deſigned them for the old ruſty Armor of our Church, to be hung up for Terror, rather than to be uſed for Execution. For it cannot be denied, that how little Charity ſoever thoſe had that made them; our Biſhops have generally ſince had more Chriſtian Tenderneſs, than to Proſecute all in their Courts, whom theſe Canons make ſo hainous Criminals. And therefore, were we of the Laity worthy to offer our humble Advice to the preſent Convocation, we ſhould recommend it to them, as a pi • ce of neceſſary Prudence, as well as Charity, to Caſhier theſe ill-natur'd Canons: For they do but frighten the ſilly Diſſenters the more from our Communion, and are a ſtanding R • proach to our Church her ſelf on theſe two Accounts.

1. Were the Aſſertions here cenſur • d, never ſo dangerous Hereſies, an ipſo facto Excommunication is an unreaſonable thing

'Tis no better than paſſing Sentence on an Offender, before any Attempts are uſed to reclaim him, which is a groſs Abſurdity in Eccleſiaſtical • auſes, wh • re 'tis not the bare Offence ſubjects Men to that Cenſure of the Church, but Obſtinacy in it. For theſe Canons, quite contrary to our Saviour and his Apoſtles Rule, make a Heathen, and a Publican of our Brother, before he is ever told of his fault; they reject him before he be admoniſh'd. Whereas Divine Juſtice it ſelf does not ſubject Men to the Sentence of Condemnation, meerly for their Sins themſelves, but for their Impenitency in them. And ſure the Church ſhould not uſe greater Severity; and therefore ſhould not in thoſe C • nſures (which Tertullian calls Summum futuri judicii praejudicium) exclude Men from her Communion, ipſo facto, upon their having run into Errors or Crimes▪ but upon their perſiſting incorrigibly in them. And what Lindwood obſerves concerning ſuch Canons as theſe, does not wholly excuſe them; nam • ly, That a d • claratory Sentence of the Judg is neceſſary, notwithſtanding the ipſo-facto-Excommunication, to a Mans being avoided, as an Excommunicate Perſon by others. For all that this can amount to, is no more than to ſay, That tho a Mans Mittimus to the Devil is drawn up by theſe Canons, yet his Neighbours are not to take notice of it, till it be publiſh'd; but for all that, the Man is truly Excommunicated, and that without any other precedent Admonition, than what the Canons themſelves give him, which few of us ever read or ſee; No perſonal Admonition being uſed to prevent his Excommunication, but only to reſtore him by Abſolution. And if theſe Canons be juſt, all whom they Excommunicate, are bound in Conſcience to forbear the Churches Communion; and therefore we cannot in conſiſtency with our ſelves, invite the Diſſenters into it, unleſs we could either change their Minds, or at leaſt put Gags into their Mouths. But were this all the Fault of theſe Canons, the matter were more tolerable. But

2. The Aſſertions themſelves mention'd in the Canons can by no means deſ • rve ſo heavy a Cenſure.

For as Excommunication is the higheſt Cenſure of the Church (which according to the Form us'd in our own, excludes the Perſon excommunicated from all Chriſtian Society, and cuts him off as a dead Member from the Body of Chriſt) ſo it ſhould never be us'd againſt any but thoſe who are guilty of ſuch pernicious Errors, or hainous Crimes, as give all imaginable ground to believe them in a ſtate of damnation. Such as thoſe mentioned 1 Cor. 6.9, 10. Gal. 5 19, 20. 2 Tim. 3.2, 3, &c. For otherwiſ • we might ſhut thoſe out of our Communion, whom our bl • ſſed Saviour receives into his; and dangerouſly cut off the living inſtead of the dead Members of his Myſti • al Body. Beſides, Nothing will ſooner bring that ſacred part of the Church's Diſcipline into contempt, than the uſing it • n ſlight and frivolous Occaſions; as we ſhall further ſhew afterwards, when we come to ſpeak of Eccleſiaſtical Courts.Seſſ. 25. Decr. de Reform. cap. 3. 'Twas a grave and wiſe Caution of the Council of Trent, though they had not the grace to follow it themſelves, That though the Sword of Excommunication be the very ſinews of Eccleſiaſtical Diſcipline, and very wholſom to keep the People in obedience, yet it ſhould be warily us'd▪ leſt if it be drawn out raſhly on every ſlight cauſe, the People ſhould rather deſpiſe than dread it. For if Clergy-men will ſo far trifle with thoſe ſolemn Cenſures, as to thunder out Excommunications againſt all that keep Eaſter the wrong day, or maintain Antipodes, or wear Beards of a wrong cut, &c. as ſome Wiſe and Learned Popes have formerly done; 'Tis no wonder if Men come to look upon them as Eccleſiaſtical Scarecrows; and provided they can ſcape the Jaylor, ſet the Biſhop at defiance. And though the Aſſertions cenſur'd in theſe Canons be not altogether ſuch Trifles, yet they are ſome of them things too dubious to Men o • mean Capacities, that have a fatal biaſs of an unhappy Education clapt on their Underſtandings; and of too ſmall conſequence to bear the weight of ſo heavy a doom. For what tho the Diſſenters ſhould arraign the Offic of Burial read over the Graves of all the notorious Villains that have the good fortune to eſcape, or buy off an Excommunication; or cenſure the uſe of our God-fa •• ers as excluſive of the Parents publick undertaking for the religious Education of his own Child? What though they fooliſhly miſtake the Sign of the Croſs for a New Sacrament; what tho they diſpute againſt that Paſſage in the Book of Ordination, that aſſerts the divine right of three diſtinct Offices, Biſhops, Prieſts and Deacons? What tho they be more peeviſh and untoward, and cenſure the very Office of our Biſhops, as they are by the late Alterations in the Book of Ordination, made the ſole Paſtors of all the Churches in their ſeveral Dioceſes. Nay, what though they affirm their own Congregations to be true and lawful Churches: ſhall we on the ſcore of their declaring their miſtaken Opinion in any one of theſe diſputable matters, treat them as if they had denied all the Articles of the Apoſtle's Creed, or broken all the Ten Commandments? Nor are the Diſſenters the only Perſons concern'd in theſe Canons. There are few of our Latitudinarian Clergy (as ſome are pleas'd to call all that have not as narrow Souls as their own) but will freely in their Diſcourſes cenſure ſome things in the Government of our Church, particularly the Lay-chancellors Power of decreeing Excommunications. And all theſe muſt expect no quarter from the 7th Canon. So that theſe Canons will quickly retrench the corpulency of our Church, and reduce it to the ſmall number of Bigots, who it ſeems are not ſo ridiculous as they ſeem'd to be, in monopolizing the Character of her True Sons to themſ • lve • . And yet even of the Bigots there are ſo many that frequently arraign ſome of our Articles in the Pulpit it ſelf (particularly the 17th, about the Doctrine of Election) that we ſee not how they will eſcape the 5th Canon. And if we were not afraid of being ſent to the Devil for company, by virtue of the 139. Can. we would make bold to queſtion the Convocations being the Church of England by Repreſentation. See the Pref. 'Tis ſtrange how they ſhou'd Repreſent us of the Laity, who never Choſe or Deputed 'em. 'Tis much ſtranger how they ſhou'd Repreſent the K. and Parliament; (who I hope are a very Exc • llent part of our Church) for if they do, we ſee not what occaſion there can be to interpoſe their Authority anew to give force to their Canons. They can at the moſt, only Repreſent the Clergy of our Church, and are indeed no more than the King's and •• rliament's Eccleſiaſtical Council, to advi • e 'em what Laws relating to the Church, they ſhall enact by th • ir Authority circa Sacra. For all their Canons would never bind one Conſciences as the Laws of the Church, if the Civil Authority made 'em not the Laws of th • Land. To ſum up this Head; Why ſhould we think our Convocation ſo infallible, and the Conſtitutions of our Church ſo abſolut • ly perfect, that a man cannot find the leaſt fault with any one of them under a leſs penalty, than being cut off as a dead member from the Body of Chriſt? This is as inexcuſ • ble a rigor, as if our Parliament ſhould make it no leſs than Baniſhment for any Subject to diſpute the Equity of the leaſt Clauſe in the whole Book of Statutes: So that if the Convocation think fit to keep up theſe Canons ſtill, it were very great Charity to clap Padlocks on the Tongues of the People, to prevent their running into the Devils Clutches, by prating too freely againſt the Orders of our Church. And perhaps it was the ſagacious foreſight of ſuch Complaints as theſe, made that wiſe Conv • c • tion by way of prevention, excommunicate among the reſt▪ all that ſhould affirm 'em to be, A Company of m • n that conſpired againſt godly and religious Profeſſors of the G • ſpel; or aſſert, That their Canons ſhould be deſpiſed or rejected: Only they were careful to twiſt in the Kings Authority with their own, that he who ſlighted the Convocation, might be thought to trample on the Crown.

Of Corruptions in the Eccleſiaſtical Courts.

AND here we do moſt humbly deſire that the Reverend Guides of our Church will patiently hear us; and eſpecially thoſe of that Venerable and truly Apoſtolical Order; and if any expreſſions ſhould drop from us that may ſeem inconſiſtent with that filial duty we owe to 'em, we deſire it may be imputed to our great zeal for 'em; and we ſhall as ſubmiſſively fall on our Knees to beg their Pardon, as we would do on any other occaſion to implore their Bleſſing. M • ny of the old Corruptions (ſaith one of our Reverend Fathers in God) do yet remain among us in practice, Dr. Barnet's Thankſg. Ser. before the H. of Commons, Jan 31. p. 33 and the adminiſtration of the Eccleſiaſtical Authority is liable to great Obj • ctions. I will not run out in farther particulars, for it will be eaſie to find them; and if you once ſet ab • ut it, you will ſoon ſee wh • t work is before you.

We ſhall confine our Diſcourſe chiefly to the high and dreadful Sentence of Excommu • ication, for ſo it is in its ſelf, and was always ſo eſteem • d by devout Souls, till the great and ſcandalous Abuſes and Corruptions of it in theſe latter days hath made it contemptible to that degree, that ſinners do no more value 〈◊〉 , than men do the threatning predictions of a common Almana • k maker concerning Thunder and Lightning. We have many things here to offer, under theſe following Heads.

1. The Perſons that manage it. 2. The Cauſes for which it is inflicted. 3. The manner of proceeding in our Eccleſiaſtical Courts. 4. The things that enſue on the ſentence of Excommunication.

1. The Perſons that manage it. And into whoſe hands would a man rationally expect the Keys ſhould be put, but theirs to whom Chriſt and his Apoſtles have given th • m, and where the Primitive Church left them? Who ſhould judg Spiritual Matters, but Spiritual Men? Who ſhould correct the children, but their Fathers; and diſcipline Souls, but they that have the Care of them, and watch over them, as thoſe that muſt give an account? They that ſo juſtly claim the Power of Ordination, why ſhould they not have that of Excommunication; and deliver up to Satan, as well as give the Holy Ghoſt? What is it that can reaſonably be ſuppoſed to hinder our Reverend Bi • hops from minding ſo great and neceſſary a part of their Off • ce? Is it their great diligence in Preaching? 'Tis true, this • ur Church doth ſtrictly tie them unto. The1 Tim. 3. apt to teach. Epi •• le, or that Acts 20 17.—have taught you publickly, and from houſe to houſe; take heed therefore to your ſ • lves, and to all the ſtock over which the H. Ghoſt hath made you overſeers, to feed the church of God, &c. which is appointed for it, and the St. John 21. J • ſ •• •• ith to Peter, loveſt thou me more than theſe? — Fe • d my lambs. —Feed my ſ •••• &c. M •• . 28.18. Go and tea • h all naon • , &c. Goſpel read at their Conſecration, puts them in • ind of it: Nay they formally promiſe it: For theſe are Two of the Queſtions propounded to them 〈◊〉 the Arch-Biſhop.—See the form of the Conſecration of Biſ •• ps. Are you determined out of •• e Holy Scriptures, to inſtruct the people • ommitted to your • harge?—Will you then faithfully ex • rciſe y • ur ſ • lf 〈◊〉 the ſame Holy Scriptures, and call upon God by Pray • for the true underſtanding • f the ſame, ſo as ye may be • ble by them to teach and exhort by whol • ſome Doctrine, • d to withſtand and convince the gainſayers? To which •• e Biſhop anſwers,See to • he ſame • ur •• ſe, the Collect immediately following V • ni creator ſpiritus; and the 〈◊〉 of the •• ch-Biſhop to the Biſhop, when he delivers him the Bible; and the firſt of the three 〈◊〉 Prayers ſaid for the laſt Collect immediately before the Benediction. I am ſo determined by Gods ••• ce: and, I will ſo do by the h • lp of God. And the • ractice of ſome of our Reverend Fathers, does convincingly ſhew they are no ſtrangers to Gods grace or help, See the firſt Collect in the Conſecration of Biſhops. See the Collect in the Conſecrat. ſaid next after the Litany. See the Collect after Veni Creator. in this particular. But will diligence in one duty, excuſe the neglect of another? Doth not our Church pray Almighty God to give to all Biſhops the Paſt • rs of his Church, that they may duly adminiſter godly Diſcipline, as well as diligently preach the Word? and, That they may faithfully ſerve Almighty God in this Office, to the glory of his name, and the edifying and well-governing of his Church. And further, That they may be not only evermore ready to ſpread abroad the Goſpel, but alſo uſe the Authority given them, not to deſtruction, but to ſalvation?

And doth not the Biſhop ſolemnly promiſe to correct and puniſh according to ſuch Authority as he hath by Gods Word, as well as to ſuch as ſhall be committed to him by the Ordinance of this Realm? And the Archbiſhop charges him, when he delivers him the Bible, not only to take heed to Doctrine, but how he miniſters Diſcipline too.

We can't think, after all this, that they do voluntarily neglect ſo eſſential a Branch of their Epiſcopal Office, as Governing the Church. Ruling and Diſcipline is their Duty according to Gods Word; and if any Ordinance of this Realm hinder them from the diſcharge of a Duty Gods Word hath laid on them, we think, if they ſhould patiently bear it, they would give but a ſad Account in that day, when the Great Biſhop ſhall appear, when Pulton's or Keeble's Statutes are none of thoſe Books that ſhall then be open'd.

We are ſure, that this Work is a thing of the higheſt Truſt and Authority, and wherein the greateſt skill and tenderneſs is requiſite; and therefore we think it ſhould be p • rſonally diſcharged, and can't lawfully be deputed to another. For, as the Lord Bacon hath obſerved, we ſ •• • n all Laws in the world, Offices of Confidence and Skill cannot be put 〈◊〉 , or exerciſed by Deputy, exce • t it be eſpecially contained in the Original Grant; Conſiderat. for the better Eſtabliſh of the Ch. of Engl. p. 10. never did any Chancellor of England, or Judg in any Court, make a Deputy.— Surely ab initio non fuit ita; but 'tis probable that Biſhops, when they gave themſelves too much to the Glory of the World, and became Grandees in Ki • gdoms, and Great Councellors to Princes, th • n did they deleagu • their prop • r Juriſdiction, as things of too inferior a Nature for their Greatneſs, and then after the Similitude and Imitation of Kings and Counts Palatine, they would have their Chancellors and Judges.

His Life, p 92. Tis, ſaith Biſhop Bedel in his D • fence, one of the moſt eſſential parts of a Biſhop's Duty, to govern his Flock, and 〈◊〉 i • flict the Spiritual Cenſures on obſtinate Offenders. A Biſhop can no more delegate this Power to a Lay-man, than he can delegate a Power to Baptiſe or Ordain, ſince Excommunication and other Cenſures are a ſuſpendi • g the Rights of Baptiſm and Orders; and therefore the judging of theſe things can belong only to him that had the Power to give them; and the delegating that Power is a thing null of it ſ • l • It was ever looked on as a neceſſary part of the Biſhop's Duty • o Ex • mine and Cenſure the Scandals of his Clergy a •• • aity, in Ancient and Modern Times. And much mor • m • y b • found to the ſame purpoſe in hi • Life.

But if this Sacr d Work muſt be put off to oth • rs,P. 93. were it committed to th • hands of any of our Clergy, though never ſo mean, we coul • bear it, out of that profound Reverence we have for th • i • Gown and Character, as we d'off our Hats in a mean Countrey-Church, that looks little better than a Pigeon-houſe, as w • ll as in a Cathedral, for the ſake of that GOD to whom the One is Conſecrated as well as the other. But we have hardly any patience left us, when we conſider, That the Clergy both Superiour and Inferiour, ſtand for Cyphers, and the whole Power of Excommunication is lodged in Lay-mens hands; for ſuch are their Chancellors, Officials, Commiſſ •• ies, &c. 'Tis a greater piece of Sacrilege for theſe Thieves to ſteal and run away with the Keys of the Church, than for any to carry off the Communion-Plate; Godly Diſcipline being a much richer Treaſure than a Golden Chalic • . We juſtly deride the Presbyteri • ns, for their compound Aſſemblies, where the Miniſter and the Lay-Elder ſit Cheek by Joul, intermingled, like a Man and a Woman at a Dutch Feaſt: But that H • tch-potch-Miſcellany is more tolerable than this Conſtitution of Ours, whereby the whole Clergy being excluded, the Lay-Chancellor alone ſits to remit ſins, or retain them, Men that we are ſure have no Commiſſion from the Bleſſed Jeſus, or his Holy Apoſtles, and have no Power to deliver any Souls up to Satan, unleſs it be their own. 'Tis true indeed, They have a Patent for it, and that ſometimes given to gratifie a Friend, ſometimes perhaps purchaſ • d with a round Sum of Money, whereby the preſent Biſhops paſs away this their Power from Themſelves and their Succeſſors too, and ſo they are rendred uncapable of correcting their Extravagancies and Corruptions, even though they are committed in their Names, and by virtue of an Authority derived from them; whereupon our Reverend Fathers bear the blame, and theſe Varlets reap the advantage of their unjuſt Proceedings. Nay, to that degree of inſolence do they proceed, as ſometimes to hector them if they offer but to interpoſe to ſtop or to rectify any of their Illegal and Oppreſſive Acts. Of this we have an inſtance given us by the Author of the Naked Truth; I don't mean the bluſtring Hickeringill, but, as is commonly beli • ved,P. 64. a grave and excellent Prelate of our Church. I remember (ſaith he) when the Biſhop of Wells hearing of a Cauſe corruptly managed, and coming into the Court to rectifie it, the Chancellor, Dr. Duke, fairly and mannerly bid him be gone, for he had no Power there to act any thing; and therewithal pulls out his Patent, ſealed by the Biſhop's Pred • ceſſor, which, like Perſeus's Shield with the Gorgon's Head, frighted the poor Biſhop out of the Court.

Biſhop Bedel's Life by Doctor Burnet, p. 88, 89.Another remarkable Story of this nature we have in the Life of Biſhop Bedel: He ſaw, and his Soul was grieved at, the barefaced Extortions, and Briberies, and Commutations of Penance, and Vexatious Suits, &c. in the Chancellor, that had bought his Place from his Predeceſſor; and the proſtitution of Excommunications in a ſordid and baſe manner. To correct theſe abuſes, he goes, and with a competent number of his Clergy ſits and hears Cauſes, and gives Sentence. But his Lay-Chancellor brought a Suit againſt him in Chancery for invading his Office; and tho the other Biſhops ſtood by him, ſaying, They were but half Biſhops, till they recover'd their Authority out of the hands of their Chancellors; and though his Chancellor's Patent were a formleſs Chaos of Authority conferr'd on him againſt all reaſon and equity, wherein was falſe Latin, nonſ • nſe, injuſtice, prejudice to the Chapter, contrariety to it ſelf and the King's Grant to the Biſhop, P. 102. and the Seal hanging to it none of the Biſhop his Predeceſſor's Seal; yet the Chancellor's Right was confirm'd; and there was given him an Hundred Pound coſts of the Biſhop; and great endeavours were uſed to poſſeſs Archbiſhop Ʋſher himſelf againſt him, which went ſo far as to procure an Inhibi • ion and Citation againſt him out of his Court.P. 97. All his Brethren forſook him, even the Primate himſelf, though the laſ • that did ſo; yet at length Almighty God ſo remarkably proſper'd the zeal of this holy Man, that he was conniv'd at, and held on undiſturb'd i • perſonally attending his Epiſcopal Court; God give to our Engl • ſh B •• hops the like Courage and Succeſs.

Thus the Rooks give check to the King, and the Lay-chancellor in the Court proves too hard for the Biſhop, as the Devil in the Sign of a Tavern doth for the Saint, Dunſtan we mean.

But as though this were not enough, matters are yet a great deal worſe. For not only doth an Appeal lie to the C • urt of Delegates, of which we ſhall ſay nothing, becauſe 'tis his Majeſty's; But there is alſo the Archbiſhops Court of Chamber • ain's Preſent State of England, part 2. p. 33. Arches, where any Eccleſiaſtical Suits between any Perſons within the Province of Canterbury, except ſome peculiar Conſets Practice of Eccl Courts. Juriſdictions belonging to the King' • Majeſty, may, waving all Inferior Courts, be decided. The Official may take cognizance of all Eccleſiaſtical Cauſes whatſoever, not only at the inſtance of Parties, but alſo of his mere Office, or when they are promoted; as alſo all manner of Appeals (except as before excepted) from any B • ſhops, Deans and Chapters, &c. Arch-deacons, their Officia • s and Commiſſaries, or other Eccleſiaſtical Judges whatſoever; as alſo all Commiſſaries of the Archbiſhop of Canterbury, whether particular or ſpecial, within all or any Dioceſe of his Province.

This Court is kept in the Archbiſhop's name by his Official, who is the Judge of it, called alſo Dean of the Arches, a perf • ct Lay-man, uſually a Knight, and Doctor of Laws. But he being for the moſt part abſent, ſubſtitutes a Surrogate in his place (who is the Archbiſhop's Man's man) viz. the Dean of the Deanry of the Arches.

And there doth this Judge Perkin ſit in ſtate, Chamberlain's Preſ. ••• te of England, part 2. page 273. and according to the old Mumpſimus of the Pope's Canon-Law alone, without any Aſſeſſors, hears and determins all Cauſes, without any Jury of 12 men, as is neceſſary in Common Law-Courts; and preſumes to ſentence not only us Lay-men, but the Clergy-men alſo, and even Biſhops themſelves, for any Delinquency.

And as the Official treats our Superio • s in the Arches, ſo doth the Lay-chancellor handle us, and the Inferior Clergy in the Biſhop's Court, held in the Cathedral of his Dioceſe. Only when any do not appear, being legally cited, and propounded contumacious, and decreed excommunicate, then the Plaintiff's Proctor offers a Schedule of Excommunication to the Judge, H. Conſet. Prac • ice of the Spirit • C • 〈…〉 who reads it if he be in h • ly Orders (for you muſt know a ſpecial care muſt be taken of that) and if not, then it is given to one who is in Holy Orders, who is conſtituted to this purpoſe by the Judge. Good God! ſaith the forementioned Author of Naked Truth, 〈…〉 what a horrid abuſe is this of the Divine Authority! This notorious Tranſ • r •••• n is excuſed, as they think by this, that a Miniſter call'd the Biſhop's Surrogate▪ but is indeed the Chancellor's Servant, choſen, called and placed there 〈◊〉 him to be his Cryer in the Court, (no better) when he hath examin'd, heard, and ſ • nt ne'd th • Cauſe, then the Miniſter, forſooth, pronounces the ſentence. Then the Judges Seal being clapt to them, away the Letters of Excommunication are poſted to the Rector, Vicar, or Curate of the Pariſh, with Orders to publiſh the ſame in time of Divine Service on ſome Sunday, or Holy-day; always provided theſe Letters of Excommunication be deliver'd to t • e Rector, &c. at leaſt that ſame day on which they are to • e read before Morning or Evening Prayers, that they may be ſure to have timely notice of it, ſaith our H. Conſet. Practice of Eccl. Courts, p. 38. Author; which they are to publiſh without delay, unleſs they are willing to undergo the Fate of the Miller's Man, who was hang'd for his Maſter: for if they neglect ſo to do, they are to be puniſht by Suſpenſion from their Office. For unleſs at his own peril, the Pariſh Miniſter muſt no more examine the equity and juſtice of the Sentence, than a Hang-man dares, but muſt do his Office, though to the beſt liver in his Pariſh, be the Cauſe what it will, how unjuſt ſoever the Sentence is, or how illegally ſoever obtain'd. He muſt give fire when the word of Command is given; though he, good man! know nothing of the matter, yet denounce the Ecommunication he muſt, and give the reſt of the People warning, that they avoid the company of ſuch a one; juſt as the two nimble Iron Sparks on the outſide of St. Dunſtan's Church, when moved by the Wires within, briskly turn about, and give a Thump on the Bell, that all may know what quarter of the hour it is.

2. But to proceed from Perſons to things. This we ſuppoſe no ſober man will deny, that Excommunication being a puniſhment of an immediate Divine Original, men ſhould have a Divine Warrant in what caſes to inflict it. And being ſo ſevere a Puniſhment, no leſs than cutting off from the Body of Chriſt, and ſhutting out of the Kingdom of Heaven, as well as the Society of Chriſtians on Earth, it ſhould not be inflicted but for thoſe black Crimes, and deadly Sins, and thoſe obſtinately perſiſted in too, for which the Holy Jeſus hath declared, that men do deſerve that amputation and excluſion from Heaven, that ſo what is bound here below, may be bound above. And this being the Church's expulſive faculty for the caſting out of noxious Hum • rs, her weapon for the cutting off rotten and ſcandalous Members, ſhould be uſed to that end only, as we find in the New Teſtament, and many Centuries after it was, in the caſe of Hereſy or deteſtable Enormities, accompanied with Contumacy. Now ſuch Sinners ſwarm among us; we have ſuch crowds of Adulterers, Drunkards, Swearers, Blaſphemers, &c. that ſome of the Sons of our Church ſay, by way of excuſe for the neglect of Diſcipline, it would not be prudent, or ſafe, to attack them. How few of theſe do our Eccleſiaſtical Courts take notice of? In David's time the Sparrows were allowed a place near God's Altar; in our days whole herds of Swine have the ſame privilege, and no one will, or dare to drive them out. But if a man trip in a Ceremony, if an honeſt, but ſimple Diſſenter, will not come to the Sacrament, becauſe though weakly, yet it may be conſcienciouſly, he ſcruples Kneeling, or will not trhough obſtinacy pray the Parſon his Dues, or if the Governors of the State have a Political Deſign to carry on, out comes the ſacred two-edged Sword immediately, and they are cut off by dozens. We might refer the Reader to Dr. Pinfold as to this Point, who a very few years ago ſweetly feather'd his Neſt by this means, as thoſe barbarous Wretches in ſome places that live by the Sea-ſide, rejoice at the ſight of a Storm, and enrich themſelves with the Wrecks of thoſe that are unfortunately caſt away. We our ſelves have known a Miniſter of our Church ſuſpended for not burying a Corpſe in his Surplice, when the Surrogate bid him do it at the Grave: and a well-meaning, but ſtubborn Fanatick, ſent to the Devil as an Eaſter Offering, becauſe he would not give his Parſon one of two pence half-penny, and the obſtinate fool lay by it on a Capias in the Jayl f • r ſeveral years.

But it were well, if the Eccleſiaſtical Courts did let fly only on theſe Occaſions. For the neglect of a Religious Ceremony, may by ſome be called a mortal Sin, and not paying the Miniſters dues, is a Fundamental Point, and a piece of Sacrilege.

But the M • tter doth not ſtop here. The Spiritu • l Courts have got to themſelves the Cognizance of a multitude of Temporal Cauſes, viz. all Teſtamentary Matters,See Coſins Apology, p. 18, 19. Matrimonial Cauſes▪ (and theſe are numerous, for the Subject is Fruitful) Jactitation of Matrimony, Divorces, Baſtardy, &c. Defamations, Violence to a Clergy-man, Rights of Patron • ge, Double Quereles, Wages for a Curate or Clerk, Intereſt and Title to a Benefice, Maintenance in it, ſuch as Tithes of all kinds, Oblations, Obventions, Penſions, Mortuaries, Church-yard, &c. The Dues of a Pariſhioner to the Church, as to Reparations, Seats, Bells, buying of Books, Utenſils, or other Orn • ments. Not building a Church enjoined by a Teſtator, not keeping a Chu • ch in a comely ſort; or when a Church-Warden refuſes to yi • ld an Account of the Church-Stock, violating a Sequeſtration for Tithes n • t paid, hindering to gather or carry Tithes, Money promiſed for redeeming corporal Penance, and detained; Fighting or Brawling in a Church-yard, (I ſuppoſe, leaſt the Dead ſhould be diſturbed, and hindered of their reſt). And then all Duties ariſing at firſt, on the Exerciſe of Voluntary Juriſdiction, and yet by denial made Litigious; ſuch be real Compoſitions ſought by ſome Party to be Diſannulled, Procurations, Penſions, Synodals, Pentecoſtals, Indempnities, Fees for Probates, &c. Or (which they to be ſure will not forget, and therefore neither will we) Fees growing due, only upon Exerciſe of Litigious Juriſdiction, and theſe either due to the Judg himſelf, as Fees of Citation, Fees of Sentences, &c. or due to other Attendants in the Court, as Fees of Advocates, Proctors, Regiſters, Apparitors, &c. Lord! what a bleſſed Regiment of Cauſes is here, like that of the Black-guard, for Spiritual Courts! Well, but tho moſt of theſe one would think were Civil Cauſes, and fit therefore for Civil Courts; yet let them come before the Spiritual Ones, if they pleaſe, as long as a Lay-man is the Judg of them. All that we ſtand on, is this, they Summon People to Anſwer in all theſe Caſes, and make Decrees; and if any one do not Appear, or do not Obey their Decrees, or not Anſwer their Interrogatories, they are judged Contumacious to the Church, and then there's Death in the Pot, and they have no other way to Puniſh, but by Excommunication. So that an honeſt Man is frequently Smitten with the Churches Thunder, for matters of meer civil Right, or trivial Occaſions, or it may be through the Tricks and Quirks of inferior Officers, or ſometimes through the Ignorance of a blundering Surrogate, for the ſake of a little Money. Let us hear my Lord Bacon's Opinion of this Matter. Excommunication is the greateſt Judgment on Earth, Conſiderat. for the better Eſtabliſh of the Ch. of Engl. &c. and therefore, for this to be uſed Irreverently, and to be made an ordinary Proc • ſs to Lacquey up and down for Fees, how can it be without Derogation from Gods Honour, and making the Power of the Keys contemptible? I know very well the d • fence thereof, which hath no great force, That it iſſues forth not for the thing it ſelf, but the C • ntumacy. —But the Contumacy muſt be ſuch as the Party, as far as the Eye and Wiſdom of the Church can diſcern, ſtandeth in ſt • t • of Reprobation and Damnation, as one that for that time ſeemeth given over to final Impenitence.

To this I think we may add their device of excommunicating whole Communities of Men, as a Dean and Chapter, or a Maſter Fellows and Scholars of a Colledg, the Mayor and Aldermen of a Town, &c. Hereby they have in ſome meaſure that Emperor's Wiſh, that the People had but one Neck, that he might chop it off at one blow. By this Interdict are prohibited all Divine Offices, Chamberlain's Preſent State of England, part 2. p. 39. as Divine Service, Chriſtian Burial, Adminiſtration of Sacraments, &c. in ſuch a Place or to ſuch a People; and if it be againſt a People, it follows them whereſoever they go; if againſt a Place only, then the People of that Place may go to Divine Offices elſewhere. Only the Pope's Canon-Law adds,Decret. Greg. l. 5. Tit. 40. de Verb. ſignif. c. 17. That ſome who are in a ſpecial manner priviledged by the Roman Church, when a whole Country is interdicted, may celebrate Divine Offices with a low Voice, but then the Doors muſt be ſhut, the Bells muſt not be rung, and all the excommunicated and interdicted Perſons muſt be excluded.

By this Contrivance whole Communities of Men may be broken off from the Body of Chriſt, as whole Countries have been, and ſome ſay Britain in particular, from the Continent by the Fury and Violence of the Ocean. But it will be hard to reconcile this to the common notion of Excommunication, Lord Bacon co • ſid. p. 21. that 'tis a precurſory and preluſory Judgment of Chriſt in the End of the World; when we have been ſo often told from the Pulpit and Preſs, that then Societies ſhall not be puniſh'd as Societies, but every Man ſhall perſonally anſwer for himſelf.

3. We paſs on to the manner of proceeding in Excommunications, which we ſhall find exactly ſuitable to the Cauſes for which they are inflicted, and the Tools that manage this Weapon. For here's no pains taken with Men to bring them to Repentance by Scripture and Reaſon, convincing them of the heinous nature of their Offences, and beſeeching of them in the Bowels of Chriſt. Only a bare pronouncing the words, I admoniſh you, three times in a breath; like the Jews whipping St. Paul with a triple Cord, and giving three Laſhes in one. We had thought this had been a meer Corruption in the Officers; but we find one of their own Tribe tell us for Law, That a Man may be admoniſh'd, a firſt, H. Conſ • t. Practice of Eccleſiaſtical Courts, p. 383, 4. a ſecond and a third time, all at one and the ſame moment. Things are managed at theſe Spiritual Tribunals, juſt as they are at Civil ones; If you will not buckle, there's no other means uſed to induce you to it, but the Charges of the Court, the Trouble of dancing Attendance on it; and by and by out comes the two-handled Rod and Blood-Pail to fright the ſtubborn Children into Obedience.

And theſe Fees of the Court ſometimes are very terrible things, and touch a Man to the quick. As the Reckoning is enflamed by a roguiſh Vintner, when his Gueſts are ſo with liberal drinking, by ſcoring up two Bottles for one at the Bar; ſo they know how to take the advantage of the Ignorance of thoſe they have got into their Clutches, and top upon them double the Rates of what is by Law allowed. I find one of themſelves confeſſing this in ſundry Inſtances in the Courts of the Arch-Biſhop of York, as to Teſtamentary Matters, and acknowledging the ſame in general as to other Fees, for Copies of Acts, Depoſitions of Witneſſes, Fees to Apparitors, H. Conſet. Practice of Eccleſiaſtical Courts, p. 422, 3. &c. Take one Inſtance: To a Judg for an Adminiſtration, where the Eſtate is above 40 l. 7. s. 6 d. which advance from 2 s. & 6 d. (for that was the old Price according to the Table allowed of in 13 Eliz.) 'was, as I have heard, ſaith he, in compaſſion to one of the Commiſſioners of the late Arch-Biſhop's, his neceſſitous Condition, agreed by all the Proctors, and other Officers to be impoſed on the Country. Whether this Commiſſary be dead or no I know not, but till the Year 1685. this way of raiſing Mony on the Country, without Act of Parliament, did continue in this, and in many other Inſtances there enumerated by him, and I ſuppoſe doth ſo ſtill: By the ſame reaſon that the French King impoſes Taxes on his Slaves, becauſe he had Authority given him once to do it in Caſes of Neceſſity, while the Kingdom was in a Flame. And tho he had a Law to do ſo for the preſent, which theſe Harpies never had, yet the forementioned Author gives a ſubſtantial Reaſon for the thing that may ſupply the place of it: For,Id. ibid. ſaith he, ſpeaking of the Regiſters, the Reaſon of Augmentation to them, is, becauſe they pay great Fines to the Arch-Biſhops for their Places, (and he that buys the Devil, muſt ſell him) and do again let them for Term of Years to Deputies for great Fines, which Deputies have no way to raiſe their Monies but by this manner of advance or exaction upon the Country. Now I think the ſame Argument is altogether as ſtrong for the Surrogate, who is the Chancellor's Deputy; for Chancellors and Officials have learnt the Art of making their Places Sine-Cures, committing them to the management of thoſe Journy-men who are many times wretchedly ignorant, and ſo are often impoſed on by the inferiour Officers, by whoſe direction all Matters are diſpatched, (as the Clerk manages the Juſtice) and they to be ſure will turn the Water into ſuch a Channel, that it may moſt effectually drive their own Mills.

But ſuppoſing none of theſe Blunders or Knaveries be committed, let's a little examine the regular and ordinary Proceedings. And in order thereunto, we muſt conſider there are two ſorts of Cauſes, Plenary, i. e. ſuch as require a ſolemn Order and Method; and Summary, where that being waved, a Proceeding by a ſhorter Cut will ſerve the turn. Now what Cauſes in particular fall under each of theſe Heads, is kept very dubious for a very profitable Reaſon,Conſet. p. 22, 3. viz. this, Tho the Cauſe be ſummary, yet you may proceed plenarily, and 'tis the more valid, and the Officers of the Court can the better lick their Fingers. But if the Cauſe ſhould be judg'd to be a plenary one, and you ſhould proceed ſummarily, then all the Proceedings are immediately null, you loſe your Charges, and the Proctor gets; and the Pidgeon-Houſe of Cards being pulled down, the Child muſt begin all again.

Now in plenary Cauſes out goes a Citation either general or ſpecial, obtained by the Plaintiff, his Sollicitor or Proctor, drawn by the Proctor, Sollicitor or Apparitor, in writing, and ſealed by the Judg. Then the Mandatory, or the Plaintiff, certifies the manner in which the Defendant was cited, that ſo the Plaintiff's Proctor may draw an Authentical Certificate thereupon, to which an Authentick Seal is put, at the ſpecial inſtigation and requeſt of the Mandatory.

Then you muſt have a Proctor, either general or ſpecial, to manage the Cauſe. For no Citation, tho executed, can be brought into Court but by him; he muſt be conſtituted by a Proxy, i. e. by a Power or Mandate given to the Proctor by his Client to appear and tranſact for him, or before a Notary publick with Witneſſes, and this authentically ſealed too: And the Election of your Proctor muſt be inſerted in the Acts of the Court; if he die after the Suit is conteſted, the Mandate is abſolutely revoked. Then ſuppoſing they have not got you on the hip for ſome Error as yet, however there be abundance of Blots yet to be hit. Many Exceptions may be brought in, peremptory ones, either ſimply ſuch, or defenſive; or dilatory ones, and theſe are twofold, Dilatoria Solutionis, where perhaps the Party alledges the paiment or ſatisfaction of what is ſued for; and Declinatoria Judicii, for declining the Cauſe, either by excepting againſt the Judg by Recuſation, Provocation, &c. or by reaſon of the Plaintiff, or the Arbitrators, or Proctor, Advocate, Libel, Witneſſes, Interrogatories, Publick Inſtruments, Poſitions, Sentence, &c. Beſides theſe, there are two Squadrons more of Exceptions, Mediae, or mixt Ones; and Anomalae, or irregular Ones; each of which have their proper Seaſons of being urged. And theſe muſt be drawn in writing, and ſome Body muſt pay for all this. For 'tis Mony makes theſe Beaſts to go, without which they will not ſtir a ſoot.

What we have hitherto ſpoken of, is common to all Cauſes, whether Plenary or Summary. What we ſhall further add (and there is much behind) agrees in its whole Latitude to the former ſort of them. Suppoſe then that hitherto we be clear of all Rocks; then comes the Libel, but it muſt be ſubſcribed by an Advocate, and poſſibly you may wait a little for it, till next Court-day. This being at laſt given into Court, it often happens that it muſt be amended or alter'd, in many Caſes too tedious to reckon up. And you can't have any thing done to an old pair of Clothes, but you ſhall find an Item for it in a Taylor's Bill. Then follows the conteſting the Suit. By this time the Defendant is called upon to put in his Anſwer; and unleſs he confeſs the Fact, either in part, or in the whole, as 'tis laid, and ſo caſts himſelf on the Mercy of the Court, which is conteſting Suit Affirmatively, he muſt proteſt by his Proctor againſt the generality, ineptitude, obſcurity, or undue ſpecification of the Libel, and that the things contained in it are not true, and therefore what is contained in it ought not to be granted: And this is conteſting Negatively.

Then the Plaintiff alledges, that his Libel is in Articles, and he deſires the Judg may repeat it in full Force of the Poſitions and Articles, which accordingly is done, and the Libel admitted with a Salvo Jure Impertinentium & non admittendorum, &c. On this the Plaintiff deſires an Anſwer to the Poſitions of this Libel; whereupon the Defendants Proctor replies, He don't believe the Poſitions to be true. Then the Plaintiff, by his Advocate, deſires the Defendant may be decreed to be cited to anſwer Perſonally to the Poſitions of the Libel, before the Judg, or ſome Commiſſioners. The Defendant's Proctor diſſents from this, and requeſts a Term to be aſſign'd to prove the Libel. And here both ſides may ſquabble and brawl about it, but it muſt be by their Seconds (the Officers I mean) in Mood and Figure, about the time, that 'tis too ſhort, or too long; and either of them for that reaſon may appeal.

The Suit being conteſted, from Words the Proctors fall to Oaths, and either Side may lend his client a Swear; the one, that he believes the Contents of the Libel are faithfully propounded; the other, that he will give a faithful Anſwer. Then the two Principals muſt take the Oaths of Calumny, the general one, and this is taken but once, and that either here, or in any part of the Proceedings; and the particular one, called the Oath of Malice, to this purpoſe, that both of them believe their Cauſe to be good, that they will manage it honeſtly, and not protract the Suit, and give no Bribes, only the Fees are excepted to ſuch Perſons to whom the Laws and Canons do allow them. After this, their Proctors help them to keep theſe Oaths by ſtaving off the Buſineſs, upon impertinent Quirks, for ſix Court-days, nay ſometimes for two or three Terms; ſo that, ſaith our Author, Men complain exceedingly of theſe Abuſes, Conſet. p. 92. that they never knew any End of their Buſineſs after it comes into theſe Courts.

Well, the Citation, though long firſt, at laſt is gotten out for the Defendant to appear and anſwer the Libel before the Judg, or the Commiſſioners; which Commiſſion muſt be certified into Court that it hath been executed, and is ſometimes paid for jointly, ſometimes by one of the Parties only. The Defendant then puts in his Anſwer, which is either Categorical, Hypothetical, Modal, affirming or denying, finitely or infinitely; True, neceſſarily or contingently; Falſe, or in equipollent Terms. Then the Defendant appearing Perſonally, is ſworn to make a faithful Anſwer to the Poſitions of the Libel, only his Proctor proteſts he don't intend to anſwer to any Criminal or Captious Poſition; or if he do, it ſhall be accounted Null. The next Court-day he is ordered to appear to be examin'd. But it may be he hath anſwered too little, and then he is ſummon'd again to anſwer more fully; it may be too much, and then his Proctor may ſubduct and revoke it.

When this is ſettled, If the Witneſſes won't come voluntarily on an offer of bearing their Charges, then come Letters Compulſory for them to appear before the Judg, or Commiſſioners; and a Commiſſion is then granted to hear their Depoſitions within the Term Probatory. Theſe Letters are returned into the Court, and it may be the Witneſſes can't be found, none of them, or but ſome of them do appear, and the Abſenters are to be excommunicated; and this is often contriv'd on purpoſe, that hereby the Term Probatory may be prorogued, and ſo the Suit may be protracted, and the Charges encreaſed.

The Witneſſes at laſt being got all together before the Judg, they are ſworn; Then the Proctor proteſts againſt them, and any thing they ſhall ſay againſt the intention of his Client, and deſires a Day to be aſſigned for propounding Interrogatories, which are to be given in by him into the Hands of the Regiſter, or Examiner. Then the Witneſſes are privately examined, their Depoſitions put into writing by the Regiſter, and ſigned by the Witneſſes, and after repeated before the Judg, who examins them, Whether on their Oath it be all right and true? and whether they would have any thing altered? But their Poſitions are taken in Latine, becauſe we ſuppoſe that's a Language that is like the Ʋniverſal Character, which all, even the Country Jobbers themſelves do underſtand.

Now after this it may be, the Proctor on one ſide objects, that the Witneſſes han't anſwered to ſome Interrogatories which they ought to do, or not fully, but he on t'other ſide gives him the Lie, and ſo a Day is appointed for the Judg to enquire into this.

It may be the Witneſſes are to be produced, not before the Judg, but the Commiſſioners; and then there's more ado in that Caſe than in this, which, to avoid tediouſneſs, we omit.

For the ſame Reaſon we ſhall (though we are yet come hardly half way) proceed no further, nor ſpeak particularly to the publiſhing the Depoſitions of the Witneſſes, producing more Witneſſes, Exceptions which are numerous, and Replications which are as many, and anſwer the other, juſt as one Tally doth another; nor of Duplications and Triplications, and Quadruplications. For by all theſe ways is the Cauſe bang'd about between the Parties, and beaten to and fro like a Shittle-cock between two Battledores. Nor of dead Proofs, which are Inſtruments, either Publick or Private, and both of them of many ſorts. Nor of the Aſſignation of the Term to hear Sentence, nor of the Suppletory Oath, given ſometimes to one ſide, ſometimes to t'other, to ſupply and piece out the defect of Proof.

Beſides and after all this, there's another long pair of Stairs, and 'tis the Third in order, that would break a Man's wind to get up, and that is, the giving of Sentence. And then when you think the matter is iſſued and ended, all is undone again by an Appeal, which if we ſhould fully ſpeak of, there are ſo many deep ſteps that we ſhould be utterly tired, as to be ſure the Plaintiffs and Defendants have been long ere this, by being carried up, and led down ſo many dark and winding Stairs in theſe enchanted Caſtles.

From what hath been offer'd, we plainly ſee, there's no difficulty in believing that to be a very great Truth that Dr. Burnet tells us, of Bp Bedel's Bp Bedel's Life, pag. 89. obſervation, That the Officers of his Spiritual Court drew People into trouble by vexatious Suits, and held them ſo long in it, that for three penny-worth of the Tithe of Turf, they would be put to five pounds Charges.

We have only one thing to add on this Head, and we leave it, That one half of the manner of their Proceedings hath not been told in Plenary Cauſes; and though many cramp Words have been uſed by us in what we have written, they are the proper Terms of Art; and there's a very large Vocabulary of them, neceſſary to be mention'd by us, if we ſhould tell out the remainder of this Tale; which we forbear, leſt Men ſhould think we have a Deſign upon them to ſend them to him whom the Officers of this Court deal ſo much with, and to whom Hermolaus Barbarus was fain to reſort to underſtand the meaning of 〈 in non-Latin alphabet 〉 .

4. We ſhould proceed to the Things that enſue upon Excommunication. And here it were eaſy to be very large in diſcourſing on the Significavit into the Court of Chancery in the Biſhop's name, that the Perſon hath ſtood excommunicate forty Days, for the getting a Writ, de Excommunicato capiendo, that he may be ſent to Priſon. Of the forfeitures of ten Pounds on every Capias; afterwards for not yielding ones ſelf up a Priſoner on the Proclamation of the Capias's. It is a liberty peculiar to the Ch. of England, Dr. Conſin' • Apology, p. 8, 9, 10. (ſaith the learned Advocate of theſe Courts) above all the Realms in Chriſtendom that I read of, that if a Man ſtand wilfully forty days together Excommunicate, and be accordingly certified by the Biſhop into the Chancery, that then he is to be committed to Priſon without Bail or Main-priſe; quòd poteſtas regia Sacroſanctae Eccleſiae in ſuis querelis deeſſe non debet, becauſe the Royal Power ought not to be wanting to Holy Church in her Quarrels. Yet we muſt confeſs we don't ſee how this can be juſtified, unleſs that Axiom be own'd for truth, that Dominion is founded in Grace; and when a Man is made as a Publican and Heathen, he loſes all his Civil Rights.

We might further ſpeak of the ſeveral ways of Abſolution from this Sentence, and that upon ſeveral little miſtakes in the Form of Proceedings, and by Orders ſent down from Civil Courts. For when a Man is faſt bound one would think, there are many of theſe ways of unlooſing him; as we have ſeen Children, that by the dextrous pulling of the right String, have immediately whipt off the Pack-thread from another's thumbs in a moſt ſurprizing manner.

Bp. Bedel's Life, p. 89. We might further ſpeak alſo of the commuting of Penance for Money, Which, as Dr. Burnet well ſaith, is the worſt ſort of Simony, being in effect the very ſame abuſe that gave the World ſuch a Scandal, when it was ſo indecently practiſed in the Church of Rome, and open'd the way to the Reformation. For the ſelling of Indulgences is really but a commutation of Penance. Of this that good Bp Bedel had ſo many, and ſuch notorious Inſtances in his Dioceſs, that be bitterly bewail'd it, and to which he was able to reply nothing but that he had read in Mantuan of another place in the World, (Rome he means) where Heaven and God himſelf were ſet to ſale. Id. p. 90.

Now from that little that hath been ſaid, we may ſee how truly he ſpoke,Id. p. 93. when he ſaid that a plain and ſimple thing is by theſe Men made very intricate. And that amongst all the Impediments to the Work of God among us, Id. p. 103. there is not any one greater than the Abuſe of Eccleſiaſtical Juriſdiction. This is not only the Opinion of the moſt Godly, Judicious, Learned Men, that I have known, but the cauſe of it is plain.

Bleſſed Ieſu! who alone works great Marvels, ſend down thy Spirit on our Biſhops, that they may boldly whip theſe Buyers ond Sellers out of thy Temple, that ſit there only to diſhonour thy Name, and ſpunge on thy People, and turn thy Houſe of Diſcipline into a Den of Thieves. Amen.

And we beſeech God to encline their Hearts, and thoſe of our Governours to do it, and not to ſuffer theſe Lay-Chancellors to meddle but in Civil Cauſes only, and there to endeavour to regulate their enormous Abuſes; and in the Lord Bacon's Words, That in lieu of Excommunication, Conſid. p. 21, 22. there be given to them ſome ordinary Proceſs with ſuch Force and Coercion as appertaineth, and that this Cenſure be reſtored to the true Dignity and Uſe thereof, which is, that it proceed not but in caſes of great Weight, and that it be decreed not by any Deputy or Subſtitute, but by the Biſhop in Perſon, and not by him alone, but aſſiſted by ſome others of his grave Clergy, according to the excellent Model of that incomparably learned and pious A B. Ʋſher.

Then will Diſcipline recover its ancient Vigour and Splendor; then will Sinners no longer ſlight this Spiritual Sword in the Church, as Atheiſts do God's fiery flaming one that ſometimes appears in the Heavens, as if it were a meer Meteor hanging in the Air, and made of fiery Vapors only; but will find 'tis a ſolid ſubſtantial thing, hath a real Point and a ſharp Edg piercing into the very Depths of the Soul, and that it needs not corporal Penalties to ſet one upon it to that end.

Of removing ſcandalous Miniſters.

AND ſure none that regard the Glory of Almighty God, or the Honour of our Church, or the Reputation of our Clergy themſelves, can ever oppoſe ſo reaſonable a Motion as this; for nothing has more expoſed our Holy Religion to Contempt, or encouraged the Laity in their Vices, or ſunk the Credit of our Clergy (not to ſay, of our Church it ſelf) than the ſcandalous Lives of ſome of that Function; and ſince Examples have a more powerful Influence on the People than meer Precepts; 'tis no Wonder that the Lives of flagitious Clergy-men bring in more Proſelytes to Wickedneſs and Vice, than ever their preaching will make Votaries to Religion and Vertue; for how ſhould the beſt Advices and Counſel they can deliver from the Pulpit, make any great Impreſſion on their Hearers, which they never follow them • elves when out of it? They may long enough commend Vertue, and declaim againſt Vice, and urge what they ſay with Arguments drawn from the Rewards and Puniſhments of another World; but how ſhould the People believe them, when they do • ot live as if they believed themſelves? And while ſo many of • ur Clergy make no great Scruple of Conſcience to drink and whore, and ſwear and game, and droll on the Bible, and pro • ane the Sunday, and neglect the moſt important Duties of their • aſtoral Charge; 'tis no Wonder if the Laity think themſelves •• thorized to take the ſame Liberty which they ſee uſed by thoſe whom they look on not only as their Inſtructors, but their Pat • erns too. It was a juſt Obſervation of the late E. of Rocheſter, • hat that one particular Vice, viz. the baſe Arts of ſome Clergy-men in aſpiring to the high Preferments of the Church, had poſſeſs'd many of the beſt Quality in the Nation with that wretched Idea of Religion that greatly diſpoſed them to Atheiſm: For they look'd on that ſacred Profeſſion, as a Holy Cheat, a Trade of talking well, and living ill. 'Tis high time then to redreſs this Corruption, to rid our Pulpits and our Altars of ſuch as ſtain them with their profane Breath and unhallowed Hands,1 Sam. 2.17. and like the wicked Sons of Eli, make the very Offerings of the Lord to be abhorr'd. And we are ſure our Church may as well ſpare them as a beautiful Face may thoſe Blotches and Scabs that ſerve only to disfigure it. And yet in all the Book of Canons, we find not one that expreſly orders the depoſing a ſcandalous Clergy-man. There is indeed a Canon againſt ſuch Miniſters as omit the uſe of any Form of Prayer, Can. 38. or any Rite or Ceremony whatever preſcrib'd in the Service-Book, to ſuſpend them for the firſt Fault; if they perſiſt a Month in it, to excommunicate them; if another to depoſe them; Can. 54. and another, to make void the Licenſes of all ſuch Miniſters as refuſe to conform to the Laws, Inſtitutes, and Rites of our Church. So that we cannot blame her for not taking ſufficient Care to purge out of all her Sons, that ſcandalous Sin of Non-Conformity. Can. 68. For there's another Canon to ſeclude from the Miniſtry for three Months, every Miniſter that ſhall refuſe to baptize any Child that's brought to him (be the Parents Chriſtian, Mahometan, or Pagan) or bury any (except the Excommunicate, &c.) according to the form preſcribed in the Liturgy. Another Canon forbids Miniſters either to appoint or keep Faſts either in publick or Private Houſes, Can. 72. without the Leave of the Biſhop, threatning them with Suſpenſion for the firſt time, Excommunication for the ſecond, and Depoſition for the third. A Canon which we think might very well be ſpared: For People need very little to be diſſwaded from that ſort of Mortification; and the Miniſters will be very loth to attempt it, when they are obliged to double Pennance, to go on Pilgrimage to the Biſhop one Day, and faſt the next. Can. 73. Another Canon there is againſt all Meetings or Clubs of the Clergy to plot any thing againſt the Doctrine of the Church, or to the Prejudice of the Common-Prayer-Book, threatning them with Excommunication. A very provident Canon indeed, that ſeems to have been made by a Spirit of Prophecy againſt Smectymnuus and the Latitudinarians: And 'tis very probable thoſe of our Clergy who were ſo f • ll of Indignation againſt the late Commiſſioners, miſtook them for ſuch a plotting Conventicle. We need not inſiſt on the 74th Canon which preſcribes the Clergy their ſeveral Habits, and very prudently cautions them againſt wearing light-coloured Stockings, and charitably allows ſhort Gowns to the poor Curates that have not Mony to buy long ones. But ſetting aſide theſe hainous Crimes; we find only this one Canon againſt other Immoralities. viz. 75. No Eccleſiaſtical Perſons ſhall at any time other than for their honeſt Neceſſities reſort to any Taverns or Ale-houſes, neither ſhall they board or lodg in any ſuch Places: Furthermore they ſhall not give themſelves to any baſe or ſervile Labour, or to drinking or Riot, ſpending their time idly by Day or by Night, playing at Dice, Cards, or Tables, or any other unlawful Game. But at all times convenient they ſhall hear or read ſomewhat of the Holy Scriptur • s, or ſhall occupy themſelves with ſome other honeſt Study or Exerciſe, always doing the things that ſhall appertain to Honeſty, and endeavouring to profit the Church of God, having always in Mind that they ought to excel all others in Purity of Life, and ſhould be Examples to the People to live well and Chriſtianly, under Pain of Eccleſiaſtical Cenſures to be inflicted with Severity according to the Qualities of their Offences.

This Canon indeed ſpeaks ſomething to the Purpoſe, and yet we would beg leave to ſuggeſt two things relating to it.

1. We ſuppoſe this Canon only threatens the ſcandalous Clergy with Excommunication; for it does not as the 38, 72, &c. threaten them with Depoſition on their perſiſting incorrigible. Whereas that too is highly neceſſary, there being all the Reaſon in the World that obſtinate Non-Conformity to the Laws of God, ſhould at leaſt be equally puniſh'd with ſtubborn Nonconformity to the Laws of the Church; for it would look but very odd to treat a Miniſter more ſeverely for omitting a Collect in the Service-Book, or keeping a private Faſt, than for being drunk, or lying with his Neighbour's Wife.

2. We wiſh that this good Canon it ſelf, may not ſtand for a Cypher for want of Execution. And yet hitherto all the good Effects that might have been expected from it to free our Churches from ſuch leprous and unclean Prieſts, have been in a great Meaſure fruſtrated. For we do not ſee that one in twenty, of ſuch whoſe notorious Vices make too publick a noiſe to be unobſerved, was ever excommunicated, much leſs depoſed for them. We ſpeak within Compaſs, and heartily lament the intolerable Miſchiefs that from this fatal Source overflow our Church. And therefore we would humbly recommend it to the Wiſdom of the Convocation, to take the moſt effectual Methods for the obviating of them, and (if it might be no Offence) would take the Liberty to ſuggeſt that if the Rural Deaneries in Arch-biſhop Ʋſher's Model were reſtored, they might firſt receive Complaints againſt ſuch, and ſuſpend them till the Matter come before the Dioceſan Synod. Were this done, and were all our Clergy ſuch excellent Ornaments of their Profeſſion, as (God be thanked) a great many of them are, the Diſſenters would not ſo eaſil • gain ground upon us, as they have hitherto done by the pretended Strictneſs of Life in their Miniſters, and their great Laboriouſneſs in the Duties of their Function.

Of the Reformation of Manners both in Miniſters and People.

IN the Miniſters.] What relates to ſuch as are chargeable with ſcandalous Immoralities was conſidered under the former Head; but under this Head, we would humbly recommend to the preſent Convocation, the reforming two very groſs Corruptions retained in our Church, notwithſtanding all the loud Complaints that have been made againſt them, Pluralities and Non-Reſidence, two Diſeaſes that have hitherto defied all Remedies, and have been rather cheriſh'd by our ſpiritual Phyſicians, than any thing effectual attempted towards the Cure of them; and no wonder when many of the ſame Men were the Patients that ſhould have been the Phyſicians; ſo hard it is to redreſs theſe grand Evils in a Synod where the greateſt Pluraliſts and Non-Reſidents do commonly make up the major Vote; and yet theſe are ſo notorious Blemiſhes in a Church, that even the Council of Trent could not for very Shame but take notice of them. And the Truth is, though they have in their beſt Decrees of Reformation left a Hole to creep out by Virtue of Diſpenſations, yet their Canons are far more ſtrict than ours: for in their Decree of Reformation, Seſſ. the 7th. cap. 2d. they forbid any Prelate, having more Metropolitan or Cathedral Churches than one in Commendam, accounting him happy that can govern one well. And cap. 3d. They enjoyn the Collation of inferiour Eccleſiaſtical Benefices that have Cure of Souls, on worthy and able Perſons who may reſide on the Place, and take care of the Flock themſelves; and by the 3. deprive that Clergy-man of all his Benefices that retains more than one, whether by way of Union for Life, or perpetual Commendam, or any other Title, &c. only all theſe good Canons are ſpoiled, and by the wretched Art of Diſpenſations made only a more ſubtle Trick of drawing Money into the Pockets of thoſe that grant them. And Seſſ. 23d. cap. 1. Their Decree of Reformation againſt Non-Reſidents begins thus: Since all to whom the care of Souls is committed, are enjoyned by Divine Precept to know their Sheep, to offer Sacrifice for them, and to feed them with the Preaching of the Word of God, the Adminiſtration of Sacraments, and the Example of their good Works, to take a Fatherly Care of the Poor and all other miſerable People, and diſcharge other paſtoral Duties, all which can never be performed by thoſe that do not watch over and aſſiſt their Flock, but like Hirelings forſake them, &c. See alſo Seſſ. 6. Cap. 1ſt, and 2d. and what they ſay is far more applicable to Pariſh-Churches than to Metropolitan or Cathedral.

But to return to our own Church: For Pluralities I find only this one Canon bout them, viz. 41.

No Licenſe or Diſpenſation for the keeping of more Benefices with Cure than one, • hall be granted to any, but ſuch only as ſhall be thought very well worthy for his Learning, and very well able and ſufficient to diſcharge his Duty, i. e. Who ſhall • ave taken his Degree of a Maſter of Arts at leaſt, in one of the Ʋniverſities of •• is Realm, and be a publick and ſufficient Preacher lice • c'd; Provided always that he be, by a good and ſuffi • i nt Caution, bound to make his perſonal Reſidence 〈◊〉 of his ſaid Benefices, for ſome reaſonable time in every Year; and that the •• id Benefices be not more than 30 Miles diſtant a ſu • der. And laſtly, That he have •• der him, in the Benefice where he does not reſide, a Preacher lawfully allow'd, t • at's able ſufficiently to teach and inſtruct the People.

A Canon that rather approves and ſtrengthens, than corrects ſo ſhameful an Abuſe. For what reſtraint can it be imagin'd to lay upon it? A Man needs to higher Qualifications to capacitate him for being a Pluraliſt, than that • e be a Maſter of Arts, and a lawfully approved Preacher. Here are no Bounds ſet to the Num • er of the Benefices he may enjoy, but that they • hould not ſtand above 30 Miles from one another; ſo that a Man may enjoy the ſame Number of Benefices, provided he can bring them within that com • aſs of Miles. And I wiſh that the Avarice of ſome could be held within • hoſe wide Bounds too.

Nor is the reaſonable Time in which he muſt reſide yearly in every one of •• em determin'd, but left to his own diſcretion.

And now what Apology can be made for ſo unreaſonable a practice? Let • s ſuppoſe a Pluraliſt to engroſs four or five good Livings to his own Share. • he beſt Reſtriction laid on him by this Canon is, That he keep in every living, where he reſides not, an approved Preacher that may profitably each and inſtruct the P • ople But if theſe four Preache • s that ſupply his •• ace in four of the Pariſhes, be Men of thoſe Abilities that fit them for •• ſcharging all the Duties of their Function to the People, what tolerable • eaſon can be given why they ſhould not enioy all the encouragement to •• eir Labour which the Pariſh-Tyths were deſign'd to give them? Why •• ould the main part of the Profits of four Pariſhes be ſwept away by an •• e Drone of a Pluraliſt, that ſaunters about in his Coach, and ſwims in •• xury and Eaſe, but never took the leaſt care of them, unleſs perhaps •• ce in a Year to give them a kind of Viſitation-Sermon; while the poor Miniſters that reſide among them, and beſtow all their pains and time upon •• em, ſcarce earn their Bread with the ſweat of their Brows, but ſtruggle •• der thoſe Diſcouragements of a ſtingy Allowance that ſtarve their Parts, • d ſink their Spirits, and too often put them on doing thoſe things which •• nder them mean and contemptible. For by that time a poor Curate has pro •• ded Bread for his Family, and perhaps a Gown and Caſſock for himſelf, •• t of his 20 or 30 l. per. Annum, he'l find very little left for the encreaſe of •• s ſlender Library, and much leſs for thoſe Works of Charity, whereby he •• ould keep up that Eſteem and Intereſt in the Hearts of the People, that's 〈◊〉 highly conducive to the ſucceſs of his Inſtructions upon them. So that • hile the Number of Pluraliſts is ſo great, and their Covetouſneſs far grea •• r, it cannot be expected where the Salary they allow is ſo deſpicable, that •• ey ſhould ever provide for ſome of their Cures any better Prieſts than • hoſe of Jeroboam, made of the meaneſt of the People; ſuch as may thank God that our Church has furniſhed them with a Liturgy, and ſome of our • earned Clergy with Sermons for every Sunday of the Year. And what Account will ſuch mercenary Paſtors (as the Council of Trent it ſelf calls them) give to the univerſal Biſhop and Shepherd of thoſe Flocks whom they have ſtarv'd to fill their own Purſes? Or whence can the greedy Humour of heaping up ſo many Steeples ſpring, but from that wretched inſatiable Love of Mony, which is ſo unbecoming a Clergy-man, who pretends a Concern for the Salvation of Souls, and therefore ſhould not gratify his filthy Lucre at the price of their Blood?

We are ſo far from ſpeaking this, as grudging the Clergy the juſt Encouragement of their Labours, that if a more fair and juſt diſtribution of the legal Maintenance would not ſufficiently provide for all, we ſhould think it worthy the pious Zeal of his Majeſty, and the Parliament, to find out way • of ſupplying that Defect. But in the mean time, as the Difference of the Value of Benefices will have room enough to reward the different Abilities of the Clergy, ſo we cannot but regret it, that the greateſt Load of exceſſive Preferments is uſually heapt, not on thoſe that deſerve, but on thoſe that ſeek them. The importunate Ambition of the latter putting them on thoſe baſe Methods to compaſs their Deſign, which the Probity, as well as the Modeſty, of the former debar them from.

Having ſaid ſo much about Pluralities, we ſhall be more brief on the other Head of Non-reſidence. We ſhall not inſiſt on the 42, 43, 44. Canons which relate to the Deans, Prebends and Canons in the ſeveral Cathedrals and Collegiate Churches, becauſe thoſe concern the Clergy more than us. Only we cannot but commend the great Care of our Church in its injunction to the Deans, who muſt providently ſee that the Petty-Canons, Vicars-choral, and other Miniſters of the Church, have a Latin as well as Engliſh Teſtament. We ſuppoſe this Caution was, leſt the lazy Fellows ſhould forget all they had learned at School; and Greek, it ſeems is as little expected from them as Syriack or Arabick.

The 45 enjoyns the Reſident Clergy one Sermon every Sunday, when they have not juſt Impediment. The 46 and 47 runs thus.

46, Every Beneficed Man, not allow'd to be a Preacher, ſhall procure Sermons to be preach'd in his Cure once in every Month at the leaſt, by Preachers lawfully licens'd, if his Living in the Judgment of the Ordinary will be able to bear it. And upon every Sunday when there ſhall not be a Sermon preach'd in his Cure, he, or his Curate, ſhall read ſome one of the Homilies preſcrib'd, or to be preſcrib'd by Authority, to the Intents aforeſaid.

47, Every Benefic'd Man licens'd by the Laws of this Realm, upon urgent occaſions of other Service not to reſide upon his Benefice, ſhall cauſe his Cure to be ſupplied by a Curat, that is a ſufficient and licens'd Preacher, if the Worth of the Benefice will bear it. But whoever has two Benefices, ſhall maintain a Preacher licens'd in the Benefice where he does not reſide, except he preach himſelf at both of them uſually.

Theſe Canons, eſpecially the former, do ſo evidently expoſe themſelves, that they ſave us the labour of any long Remarks upon them. We cannot but think it ſtrange, that a Man may be the Incumbent of a Cure, and conſequently enjoy both the Name and the Revenues of a Miniſter to that People, who is not ſo much as licens'd to preach; nay, is ſo meer a Lay-man, that according to Can. 49. he muſt not take on him to expound, in his own Cure, or elſewhere, any Scripture or Matter of Doctrine: and the higheſt Priviledg allow'd him is, That he ſtudy to read plainly and aptly, (without glozing or adding) the Homilies already ſet forth, &c. I perceive there may be Ignoramus Miniſters, as well as Lawyers or Jury-men; and if our Church do not wrong them, by the ſevere reſtraints this Canon lays on them, they are more fit to be ſent to School to con their Leſſon, than into the Pulpit to inſtruct the People. But though we cannot admire the Wiſdom of our Church in allowing ſuch Men Benefices, yet we muſt acknowledg her great Charity towards them and their Curats, in providing ſo good a help as the Book of Homili • s, for thoſe whoſe Eyes are the only conſiderable Talents that God almighty has thought fit to bleſs them withal.

We ſhall add no more under this Head, but that we wiſh the Simoniacal Oath, were ſtrong enough to keep out all ſecret Arts of purchaſing Preferments. And we think it highly adviſeable, that according to Arch-Biſhop Ʋſher's model, Artic. 2d. in every Rural Deanery, the Miniſters of particular Pariſhes might be cenſurable for Errors, or groſs negligence in their Office, &c. with Liberty of Appeals to a Dioceſan Synod if need be.

But that the Clergy may not think us in theſe two Articles too ſevere on them, and partial to our ſelves, we ſhall propoſe it to the Wiſdom of this Convocation, Whether the Power of Patrons in preſenting to Livings, ſhould not be ſo far reſtrain'd, as not to impoſe a Miniſter on any Pariſh, without their own conſent? The very Learned Biſhop of Salisbury, in his Regalia, as well as others, hath made it undeniably evident, that this was the practice of the Univerſal Church for 600, if not 1000 Years after our Saviour's Time. And therefore tho we would have ſo much regard paid to the Charity of our Anceſtors, as not to exclude Patrons from a Privilege enjoy'd on that ſcore by ſo long Preſcription, yet we could be heartily glad that 'twere rendred conſiſtent with this Ancient Privilege of the People too, that the Primitive Practice in this Particular might be reviv'd. If indeed the Parſon alone were to be ſav'd or damn'd, not only for himſelf but his Pariſhioners too, 'twere no great matter to the People who he be; but if they muſt anſwer for their own Souls, 'tis but reaſonable they ſhould be ſatisfied whom they truſt with the conduct of them.

And how liberally ſoever Patrons have endow'd any Churches, 'twere but a hard Bargain they make with the People, to require them, by implicit Faith, to acquieſce in whatever Miniſters they or their Heirs ſhall ever recommend to them.

Nay, ſome would not have Patrons impoſe on our Clergy, any more than on the People. There are ſeveral ſecret ways of purchaſing a Benefice, which ſome Patrons oblige the Clergy to, without making a down-right Bargain: And we would not have ſo much as the courting an Abigal to be the price of it.

Of Reforming Manners in the People.

LEST the Fear and Apprehenſion into which the words Alteration and Review have caſt the Author of Vox Cl • ri, ſhould be fatal to him, we ſhall now labour to recover him, by aſſuring him, that there are ſome of the old Canons we deſire may be reinforc'd, and that the Subjects to which they relate may be conſidered and examined, viz. Such as order the Cenſures of the Church to be inflicted upon all Perſons notoriouſly wicked, that they may be hindred from coming to the bleſſed Sacrament with ſuch Frequency, and in ſuch Numbers as they now ordinarily do; particularly Can. 26. which runs thus. No Miniſter ſhall in any wiſe admit to the receiving the Holy Communion any of his Cure or Flock, which be opennly known to live in notorious Sin, without Repentance; nor any who have maliciouſly and openly contended with their Neighbours, until they ſhall be reconciled: Nor any Church-Warden or Side-man who having taken their Oaths to preſent to their Ordinary all ſuch publick Offences as they are particularly charg'd to enquire of in their ſeveral Pariſhes, ſhall (notwithſtanding their ſaid Oaths, and that their faithful Diſcharge of them, is the chief means whereby publick Sins and Offences may be reform'd and puniſh'd) wittingly and willingly, deſperately and irreligiouſly incur the horrible Crime of Perjury, either in neglecting or in refuſing to preſent ſuch of the ſaid Enormities and publick Offences as they knew themſelves to be committed in their ſaid Pariſhes, or are notoriouſly offenſive to the Congregation there: although they be urg'd by ſome of their Neighbours, or the Miniſter, or by their Ordinary himſelf to diſcharge their Conſciences by preſenting them, and not to incur ſo deſperately the ſaid horrible Sin of Perjury. We do now humbly requeſt that according to this Canon ſome effectual Proviſion may be made to hinder all ſuch wicked Perſons from our Communion, which are a Scandal and Reproach to any Church, much more to ours. That the Matter may be ſeriouſly debated and weighed, and whether more proper Methods than thoſe hitherto reſolv'd on may not be found out and ſettled. For to ſpeak on the behalf of the Laity, as the impoſing ſuch a Task on us or the Church-Wardens, is very hard and ſevere, ſo it hath been unſucceſsful to the Purpoſe for which it was intended, and is likely always to prove ſo, though the Canon ſays that the Church-Wardens and Sidesmens faithful Diſcharge of their Oaths in preſenting Offenders to the Ordinary, is the chief means whereby Publick Sins and Offences may be reform'd and puniſhed. For it cannot be probably expected that they ſhould diſcharge this Office with that Fidelity and Care which is requiſite in a Buſineſs of ſuch Importance: If we conſider either the manner of their preſent choice, the Multiplicity of ſecular Affairs in which they are unavoidably ingag'd, the Temptations to which they may be expoſed either by Neighbourhood, Acquaintance, Friendſhip, or Dependance upon others; and not to mention the ſmall Reverence which is paid to Oaths by the Generality of Perſons in this diſſolute Age, which ought to be conſidered; nor the Tricks of waving the taking them, which the Corruption of our Spiritual Courts hath ſupplied us with; it cannot be imagin'd but that while Men are called to this Office by turns, and the worſt as well as the beſt Pariſhioners are choſen to it, and while Men are govern'd by their worldly Intereſt, either no Preſentations at all ſhould be made, or thoſe that are ſhould be Omnia B • ne. Beſides, ſhould theſe Lay-Officers be Perſons of Sobriety and Integrity, and out of Regard to their Oaths, the Peace of their own Conſciences, and the good Comfort of their Chriſtian Neighbours, make exact and juſt Preſentations, yet according to our preſent Conſtitution they are bound to carry them into the Spiritual Courts; and what becomes of them when they are lodg'd there, all the World knows; inſtead of impoſing ſuitable Penances, Money ſhall be extorted by a Body of Men who have already ſhew'd us, that they can ſet Indulgences to ſale, and that they are willing Men ſhould ruin their own Souls, and go very quietly to Hell provided they will pay them tole for their Paſſage. We are therefore of the opinion that the preſent Convocation ſhould conſider whether the Inſpection into the Manners of the People ſhould not be intruſted ſolely with the Miniſters and Prieſts, and this determin'd and judg'd to be one part of the paſtoral Care; whether it be not now abſolutely neceſſary to authorize and impower all Miniſters and Curates to obſerve the Lives of their Pariſhioners to admoniſh them privately and publickly, to pronounce the Cenſures of the Church, either of Suſpenſion or Excommunication, according to their ſeveral Lives and Offences; they may be appointed to do all this in Subordination to the Biſhop or the Ordinary; though we think 'tis requiſite the • ſhould be exempted from the Juriſdiction of the Spiritual Courts; they may • e ſtill a 〈…〉 to the Biſhop, and be obliged to acquaint him with the Reaſons and manner of their Proceedings, and be liable to be puniſh'd by him, if they either miſ-beh • ve themſelves, or neglect their Duty. Let this Authority and Power be 〈◊〉 ſted in them in ſuch a Subordination, and let it be declared and eſteem'd as an eſſ • ntial Branch of the Paſtoral Office, and in our Apprehenſions it will be a more effectual way to redreſs this Diſorder than the other. That which ſuggeſts and incourages this Propoſal is our Communion-Rubrick, which requires all Perſons that intend to communicate, to ſend in their Names to the Curate, and orders him to admoniſh thoſe that are unfit, that they ſhould not preſume to come. Now if this were duly obſerved, and the Curates likewiſe impowered to reject ſuch as ſhall, notwithſtanding their Admonition, dare to preſent themſelves, and to pronounce either a Sentence of Suſpenſion or Excommunication againſt them; we conceive that this will be a more proper and effectual Method to preſerve our Communions pure, than that other of committing it to the Church-Wardens, who are too often careleſs and unconcern'd about a matter of ſuch a Spiritual Nature, or ſuch as deſerve to fall under the Cenſures of the Church themſelves. It will be no hard Matter for the Convocation to fix and ſettle this Authority and Power, that the Curates ſhould be inveſted with its juſt Bounds and Limits; This we propoſe with all Humility to Perſons, that by their Sagacity and Wiſdom may ſoon find out better Ways than we are able to do. But that which we earneſtly and importunately requeſt is, that ſince his Majeſty hath put an Opportunity into their Hands, of reviewing the old Canons and making new, that they would reſolve upon ſome courſe for the preventing Men of the moſt profligate Lives and Principles from joyning themſelves to our Communion, and partaking of the moſt Holy Sacrament; and we hope the Author of Vox Cleri and others of the ſame ſtamp, will not charge us with a Deſign of pulling down the Houſe, ſince we only demand that theſe Spiders which have filled every Corner of it with their Cobwebs and Venome, may be ſwept out, and are willing th • t the Beſom with which it is to be done ſhould be put into the Hands of our Prieſts and Clergy. The Reaſons of our Requeſt are ſuch as theſe.

1. Becauſe according to the Doctrine of our Church theſe Perſons have no Right at all to partake of the Sacrament, and to celebrate theſe Holy Myſteries;R • bri • k 〈…〉 . for ſhe appoints the Curate to advertiſe and admo • iſh ſuch as theſe t •• t in any w • ſ • th • y preſum • not to come: In her Exhortation ſhe tells us that it is to be admi • iſ • r •• only to thoſe who are devoutly and religiouſly diſpoſed, and that if any who do not repent of their Sins, and live in them without Amendment, do come, the Communion does nothing elſe but increaſe their Damnati •• : And we are told that Perſ ••• th •• live in Variance and Contention, or in any known Sin, Q. Elizab. 〈…〉 . muſt not be admit •• d •••• uſe tis contrary to the Communion of the Body and Blood of Chriſt: So that th • ſe 'Men are really Intruder • , and thruſt themſelves as Gueſts to our moſt • oly Tables, contrary to the expreſs Commands of the Church; and when we deſire that they may be caſt out, 'tis no way injurious or prejudicial to them, but tends to their Benefit and Advantage: 'tis • s charitable and juſt, as to ſnatch a Cup of Poiſon out of the Hands of a Mad man, who is boldly going to drink it.

2. The admitting ſuch Perſons to the Sacrament is a very high Incouragement to the Debauchery and Wickedneſs that now reigns among us: when theſe ſhall have as free an Acceſs to this Holy Table as Perſons of the higheſt Sobriety and Vertue, when they ſhall ſhelter themſelves under our very Altars, and none have any Power or Commiſſion to pluck them from thence, what can be expected but that Impiety and Profaneſs ſhould overflow us as a mighty Stream? They have already learned to ſtop the Mouths of their own Conſciences and our Mouths too, when we offer to rebuke them, by ſaying that they are good Chriſtians, and Members of the Church as well as we; they perſwade themſelves that their being of our Church here doth give them an undoubted Title to a Place among the Aſſembly of the Firſt-born, and while they have ſuch Apprehenſions as theſe, we muſt expect they ſhould indulge themſelves in all manner of Immoralities; and now ſhall the Holy Sacrament be proſtituted to countenance and incourage ſuch fatal Preſumptions as theſe, to ſtrengthen the Hands of the Vile, and cauſe them to commit Sin with all imaginable Boldneſs and without any Remorſe? Shall we turn the Cup of the Blood of Chriſt into the Cup of Devils, as the Apoſtle expreſſes it in 1 Cor. 10.21. not only by permitting thoſe who offer up themſelves as Sacrifices to the Devil to drink of it, but by making it as effectual to the promoting the Intereſt of Satan, as though he himſelf had really inſtituted it?

3. Becauſe ſuch a Practice as this tends to the increaſing the Numbers of the Diſſenting Conventicles. For though they are not without faulty Members as well as we, yet it muſt be confeſs'd that they are very careful to keep or purge out all that are openly ſcandalous in their Lives. We indeed excel them in our Epiſcopal Government, the Decency and Order of our Worſhip, in the Numbers of ſober and learned Clergy; but in this particular we are more defective than they, there is not ſo much of this unhappy Leaven among them, as there is among us; ſo that many Perſons of ſtrict Piety, who are burden'd and griev'd with this Diſorder, will be tempted to deſert us and join with them; and they being not acquainted with the Diſtinctions of learned Men, will be more eaſily led into ſuch an Error; and if a ſpeedy Reformation be not made in this Matter, we muſt expect the Numbers of thoſe who are the greateſt Ornaments of our Communion, out of a pretended Concern for their Edification, will leave us. For,

4. We muſt now ackowledg and declare that the Admiſſion of ſuch as theſe very much hinders our Edification, and makes us take the Holy Sacrament with much leſs Joy and Comfort than wee might otherwiſe do. As we belong to a Church that not only recommends the moſt inlarged Charity, but is celebrated for it, ſo we hope we are not without ſome Meaſures of that Love to God and the Souls of Men, which ſhe requires in all her Communicants; and being influenc'd by this we cannot with unconcern'd Eyes and Hearts behold theſe Men at once profane the Name of God, and eat and drink Damnation to themſelves, i. e. as our Church explains it, Diſeaſes, Death, and the Wine of God's Wrath.

Exhort. bef. the Commun.'Tis with a great and ſincere Sorrow that we obſerve Perſons guilty of the higheſt Impurities allowed to come to the Holy Communion, who ought to be driven from it. Our Peace and Benefit would be much greater in our Approaches to it, if we did not find there ſome who but a few Hours before were venturing their Lives in the Quarrel of a Strumpet; others who ſpent the laſt Night in Revelling and Drunkenneſs, and when they joyn themſelves to us, ſeem to take us for a Crew of merry Companions; others that juſt before the Communion were belching out Oaths and Curſes, and ſoon after the end of it will pour out whole Vollies of them again, &c. And if there were none allowed to kneel there, but ſuch as were ſober and vertuous, devoutly and religiouſly diſpoſed. We muſt therefore be excuſed, if after ſo long a ſilence we take the liberty to expreſs our Reſentments in this Matter, and to declare that we do, with a very paſſionate Grief, ſee the Holy Bread and Wine touch'd by ſuch polluted Hands, and unhallowed Mouths, eſpecially when we ſear and expect, that after the taking of theſe, (according to the Threatning denounced by our Church) The Devil ſhould enter into them as he did into Judas, to fill them full of all Iniquities, and bring them to deſtruction, both of Body and Soul; Exhort. before the Communion. And we would add, that while we have a warm and zealous regard to the Honour of God Almighty and his Sacraments, and the Good of others, we ſhall have the ſame ſenſe and apprehenſions.

But to conclude this Subject, that our preſent Convocation may be ſtirred up to a more vigorous Zeal and Diligence in the framing new Penitentiary Canons, or reforming the Old, we would with all modeſty and ſubmiſſion remind our Fathers and Guides, now aſſembled, of the Promiſes they made at their ſeveral Ordinations, and of the ſolemn Charge they received from our Church; which is in theſe words; Wherefore conſider with your ſelves the End of your Miniſtry towards the Children of God, towards the Spouſe and Body of Chriſt, Form of ordering of Prieſts. Sparrow. p. 125. and ſee that you never ceaſe your Labour, your Care and Diligence, until you have done all that lieth in you, according to your bounden Duty, to bring all ſuch as are, or ſhall be committed to your Charge, unto that agreement in Faith and Knowledg of God, and to that ripeneſs and perfectneſs of Age in Chriſt, that there be no place left among you, either of Error in Religion, or for viciouſneſs of Life. And ſince we ſhall not entertain a ſuſpicion of their readineſs to diſcharge their Offices with the utmoſt fidelity, of their willingneſs to pay a chearful Obedience to the Commands of our common Mother, we will not queſtion their gratifying our Deſires in this Particular.

Of the Examination of ſuch Perſons as deſire to be admitted into Holy Orders, both as to their Learning and Manners.

'TIs the unhappy neglect of this, has not only over-ſtock'd our Church with a ſhoal of ſupernumerary Clergy, but given too many the opportunity of crouding into Holy Orders, whom their Parents only thruſt on the Service of the Church, becauſe they know not how to diſpoſe otherwiſe of them, And yet it muſt be own'd, that the Canons of our Church are not altogether chargeable with this Neglect: For the 35th Canon enjoins the Biſhop, before he admits any Perſon into Holy Orders, to examine him, in the preſence of thoſe Miniſters that ſhall aſſist him in the Impoſition of Hands; or at leaſt take care that the foreſaid Miniſters examine him if he have any lawful Impediment. We could heartily wiſh the Biſhop might accordingly do it more conſtantly himſelf, in the preſence of ſuch as aſſiſt at the Ordination, and not leave it ſo generally to the Arch-Deacon, or one of his Chaplains. And 'twere highly adviſeable that the particular Trials which every Candidate for Sacred Orders muſt paſs, in order to give a good Specimen of his Proficiency in Humane Learning, and eſpecially in the ſtudy of Divinity, were preſcrib'd. For it can by no means be thought a ſufficient Evidence of a Man's being qualified for that Sacred Function, that he can conſtrue a piece of the Latin Teſtament; and reſolve that grand Queſtion of Quot ſunt Symbola? &c. The admirable care of many Foreign Churches, particularly the Reformed Churches in France, about the admiſſion of their Propoſants, is a very commendable Pattern. And even in this Point, the Directory (how idle a Book ſoever it may be in other things) has the advantage of any thing preſcrib'd in this Canon, which is too làx and general. And we would ſurther offer it to conſideration, Whether what the 34th Canon enjoins in the Caſe of a Biſhop's ordaining a Man that is not of his own Dioceſs, ſhould not hold alſo in his ordaining thoſe that are? viz. That he ordain no Perſon but ſuch as ſhall exhibit Letters Teſ • im • nial of his good Life and Converſation, under the Seal of ſome Colledg in Cambridg or Oxford, where before he remain'd; or of three or four grave Miniſters, togethe • with the Subſcription and Teſtimony of other credible Perſons, who have known his Life and Behaviour by the ſ •• c • of three • ears next before.