INnovators in Durbam, offended against the Church of England, in taking away the Communion-Table, and in place thereof, erecting an Altar contrary to the Injuncti­on for Tables in Churches, which commandeth Altars to be removed, and Communion-Tables, brought into all Churches, and Chappels, both Cathedrall and others, that uniformity might be observed.

2. They likewise offended against the Church of England in all her Church-Books (in which the word Altar for Communion-Table is never put,) I mean the new Testament, the Book of Common­prayer, the Injunctions, Canons, Articles of Religion, and Homilies; they offended I say, in that they give to the holy Table, the name of an Altar, it being no true Altar; not so much as the Image of an Altar, or having any likenesse, or resemblance of an Altar.

3. They offended in making it a brave and sumptuous Altar, with much gay and gaudy superstitious and unlawfull furniture; whereas (according to the advertisements, and eighty two Canon) it ought to be [Page 10] a Table, not an Altar, a decent Table, not curiously carved, not gorge­ously beautified, painted, and guilded, to move admiration, nor vile filthy and rotten, to make it base and contemptible in the sight of the people.

4. They offended in making it of stone, whereas it should be of Wood, and setting it upon stone Pillars, or upon a Wall; whereas it should stand upon a frame, according to the Injunctions, Can. de Ae [...]ituis Ecclesiarum, And the Latine Canon which saith, Curabunt Mensam ex asseribus compositè junct [...]m, quae administrationi sacro-sancte communionis inseruiat, and practise of Durham, and other Cathedrall and Parish Churches, since the reformation, 1. Eliz. when stone Altars were demolished, because they were unmoveable, fastned to the ground, and so heavy, that twenty men could not bear one stone Altar, but they should be light and portable, for it is the Deacons Office to carry, or remoue the Table, and how can it be portable, if it be like to Dur­ham Altar, on stone columes, or Wormeth Altar, on a stone Wall; and how can the Deacons do their Office in removing the Table from place to place, as occasion serveth, and our Church enjoyneth; which is unpossible, if it be of Marble stone [...] and a double Table as Durham is, so heavy as a Wain-load of stones, and fastned to the ground also.

5. They impudently transgressed, especially in some Parish Church­es, in not placing the holy Table where morning Prayer, and evening Prayer are appointed to be said, but at the East end of the Church or Chancell, whereno part of evening Prayer is ever said in any Church at an Altar or Table, but in Parish Churches; where there are long and narrow Chancels, the people in the Body of the Church neither hear nor see the Priest at his Altar in the East, and consequently can­not be edified.

Also in Cathedrall Churches, where the Table is placed so far from the Congregation, the Minister officiating thereat, cannot so well be heard, nor the people so well be edified, as when the Table standeth in the Body of the Church, or Quire, neer amongst the people.

6. Innovators in Durbam and York, have notoriously transgressed against the Book of common Prayer, both in Cathedrall and Parish Churches and Chappells, in setting the Communion Table with nei­ther side toward the North, so that the Minister cannot stand at the North side, as the Rubrick enjoyns him to do, and as the custome is of all Ministers officiating.

7. Innovators in Durham and York have grievously offended in teach­ing falsly, and maintaining, That Priests, Sacrifices, and Altars are in­differently used for Ministers, Sacraments, and Communion Tables in the Liturgy of the Church of England; for those things are indifferent­ly used, which are used pr [...]miscuè, as Synonimous words of the same signi­fication are used commonly.

But our Church Liturgy useth not the words Priest, Sacrifice, and Altar indifferently, and so commonly as the words Minister, Sacra­ment, and Communion Table;

For Altar is never mentioned in our Liturgie, but the Lords Table, and Lords Boord; nor Sacrament is ever tearmed a Sacrifice in the Li­turgy; for at the Communion all that receive are appointed to say, Accept, O Lord, this our Sacrifice of praise and thanksgiving: And again, not the Minister alone, but all the Communicants must say, We offer and present unto thee, O Lord, our souls and Bodies to be an holy and lively Sa­crifice, neither is the word Priest ever so much as once mentioned in the Text of our Liturgy, save onely in the Rubrick, which are rules and directions how to use the Liturgy:

As for example, In the Absolution, God hath given power and com­mandment to his Ministers (not Priests) to declare and pronounce to his people, being penitent, the Absolution and Remission of their sinnes: And in the Letany, That it will please thee to illuminate all Bishops, Pastors, and Ministers of the Church, &c. And another place, Endues by Mini­sters with righteousnesse (not Priests) because the word Priest, implyes a Sacrifice, as saith Bishop Latimer; and it is never used in the Word of God, for a Minister of the Gospel: so that by using the words Altar, Priest, Sacrifice, they speak not the language of their Mother the Church of England.

8. They offended in opposing the Fathers, and the primitive Church, against the Church of England, and the grave and learned Bishops which reformed the same, in defence of Altars, Priests, Sacrifices, &c. which they preferre before Communion Tables, Ministers, and Sa­craments.

Doctor Morton, now Bishop of Durham, in his Apologie, pag. 165. saith, Primitive antiquity (as hath been confessed by Papists themselves) did abstain from the names of Priest, Altar, and Sacrifices, tearming them according to the tenor of the new Testament, Elders, or Bishops, Tables and Eucharists.

In the after times, the Fathers presumed to take a greater liberty of speech; but they never meant to defend such popish sacriledge, as is the having of Priests, Sacrifices, and Altars: And because ages more degenerating did set as it were a Byas upon the phrases Priests, Sacri­fices, Altar (which had been used by the Fathers improperly) to draw them to a proper signification, flat contrary to their first Institution; therefore did Protestants wish, That those ancient Fathers had rather contained themselves within their more ancient bounds, than that their liberty of speech should have occasioned in Romanists that prodigall error in Doctrine. Thus much saith Doctor Morton.

9. They notoriously offended in removing the Font so often from the ancient usuall place where heretofore it stood, contrary to the ad­vertisement, The Font shall not be removed; and the 81 Canon, The Font shall stand in the ancient usuall place.

10. They offended highly in adoring the Altar, falsly so called; for when it is gorgeously adorned with brave and rich Furniture, and set up on high at top of the Quire or Chancell, removed from the base and prophane multitude, as they account them, and carrying a greater Majesty than it had, being a plain Communion Table, standing in the Body of the Church, then they bowed down to it, and worshipped it, more than ever the papists did, making it thereby an execrable Idoll; they bow down, I say, their bodies before the same Altar, and towards no other thing or place in the Church, as if it were the most holy thing the Church of God hath, (as Doctor Duncomb blasphemously writeth, in his Determination) holyer than the Bible it self, to which none make legs, or bow their bodies.

11. They have offended in contradicting the Church of England, and endamaging our reformed Religion, in not defacing nor abolish­ing monuments of Idolatry, but repairing, adorning, beautifying, and multiplying them, more than ever they were in time of popery, con­trary to the 23 Injunction, in which, charge is given for the abolish­ing of things superstitious.

That Candlesticks, Pictures, Paintings, and all manner of Monu­ments of Idolatry be taken away, utterly extinct, and destroyed. So that there remain no memory of the same in Walls, Windows, or else­where, Item, In the Articles of the first yeer of the Queens visitation, 1559. The second Article enquireth, whether Candlesticks, Images, [Page 13] Pictures, and other Monuments of Idolatry, and Superstition, be abo­lished: Hereby it appeareth that the intention of the Church of Eng­land, was at the reformation thereof; from Popish Superstition, and Idolatry, that Massing Copes, and other Altar Cloaths, embroydered with Images: That Candlesticks, Tapers, Crosses, Crucifixes, &c. being once ejected, must not be brought in again, and set upon the Communion Table, or in Windows above the Table, as is done in Durham, and other Churches adjoyning.

12. They offended in rejecting the Homilies, and Injunctions, and consequently the doctrine of the Church of England, because they condemn Images, Altars, and other superfluous ornaments.

The Homily of the place, and time of prayer, hath these words of a woman, saying, to her neighbour at the first reformation of Churches in England; Alas, alas, what shall we now do at Church, since all the Saints are taken away, seeing all the goodly fights we were wont to have are gone, seeing we cannot have the like piping, and chanting, and playing on the Organs that we had before. But dearly beloved, saith the Homily, we ought greatly to rejoyce, and give God thanks, that our Churches are delivered from all these things which displeased God so sore; but now, those abominations which were taken away at Durham, are restored again with great advantage.

13. They offended in calling their superstitious Trinkets, Orna­ments of the Church, which our Church disalloweth, and condemneth, as being disgracements of Religion, and abominations in the Church of God.

Thus saith the Homily against the perill of Idolatry, and Super­stitious decking of Churches. The Lords holy Name ought to be cal­led upon by publike prayer, and thanksgiving; his holy Sacraments ought duly and reverently to be administred, not gaudily, flauntingly, theatrically, histriorically; due reverence is stirred up in the hearts of the godly by the confideration of those true ornaments of the house of God, and not by any outward Ceremonies, or costly and glorious deckings of the said House or Temple of the Lord, as Saint Bernard saith, Orantium in se retorquent aspectum, impediunt affectum, Such glorious spectacles draw away from God, the minde of them that pray, and they hinder holy affections, or meditations.

Praetendunt ornatum (saith Heming [...]us) in his Enchiridion, speaking of Images, Si illi ornat [...] adjunctum sit ullu [...] periculum, sit maledictus. They pretend that they are set up for Ornaments, but cu [...]sed be such Ornaments, to which the perill of Idolatry is joyned; And again, Spiritus Sanctus, saith Ezekiel, Chr. 20. Vocat Idola abominationes ocu­lorum, sed puluis & ciuis ea vocat ornamenta oculorum, The holy Ghost calls Images the abhomination of the eyes, but man that is but dust and ashes, calls them the ornaments of the eyes, and then he conclu­deth, Verus ornatus Templorum, utilis & Deo, gratus est, concio, cantio, oratio, communio & non haec quae vel impediunt vol vitiant, The true Or­naments of the Church profitable to men, and acceptable to God, is, the preaching of Gods Word, the singing of Psalms, the administra­tion of the Sacraments, and Prayer, and not such things as do hinder and defile the same.

14. They have offended against their Mother, the Church of Eng­land, in taking away the ten Commandments, where they placed their Altar; for having cast out the decent Communion Table at the same time, they sent away into the Countrey the Decalogue fairly written in golden Letters, contrary to the expresse words of the 82. Canon, and practise of all our Churches.

The ten Commandments shall be set upon the East end of every Church or Chapell where the people may best see and read the same; So they were placed in Durham Cathedrall, very fairly written, and hanging upon the Wall, till the Lords Table was taken away, and a brave sumptuous Altar daily adored by all sorts of people, specially, Priests and Clerks, with bowing down their bodies before it.

Till (I say) a glorious high Altar was erected with Crucifixes, and other Images of Saints and Angels, even of the Trinity it self.

Which Idols (as the Church of England calls them in her Homilies) could not endure the presence of Gods second Commandment, which forbids Images and Idolatry; and much more reason had they to re­move the Decalogue out of their sight, since the fourth Commandment also was by them abrogated, which commandeth the observation of the Sabbath, Remember that thou keep holy the Sabbath day, the seventh day is the Sabbath of the Lord thy God, in it thou shalt do no manner of work. At the end of the fourth Commandment, our Church enjoyneth the people to kneel down, and say, Lord have mercy upon us, and incline [Page 15] our hearts to keep this Law, What Law? The Law for observing the Christian Sabbath; which word Doctor Linsell said, My stomack riseth when I hear Sabbath, call it no more Sabbath; And Bishop Neal said at his visitation in Durham, I see no reason but that the Festivall day of a Saint, may be preferred before Sunday, what is Sunday?

15. They have ridiculously and superstitiously offended in the use of Copes, and other superstitious Vestments, falsely called Copes, at unlawfull times and places.

And they continued even till this time, 1642. in the same abuse, be­ing admonished and taught the truth, they will not amend, nor ac­knowledge their errour.

The 24. Canon saith thus, in all Cathedrall and Colligiat Churches, the holy Communion shall be administred by the Bishop or a Preben­dary, the principall Minister using a decent Cope, and being assisted by the Epistoler and Gospeller agreeably, according to the advertise­ments published, Anno 7. Eliz.

The advertisements made by Commissioners authorized, under the great Seal of England, saith thus:

At the administration of the holy Communion in Cathedrall and Collegiat Churches, the principall Minister shall use a Cope with the Epistoler and Gospeller agreeably, and at all other prayers at the Communion Table, to use no Copes but Surplesses; The 45. Canon saith the same, When there is no Communion, it shall be sufficient to wear Surplesses. By this it is manifest, That the Copes must be decent, and they must never be used, save only at the administration of the holy Communion.

But Durham Innovators did say their second Service daily when there was no Communion at their Altar, and after every Sermon, one of the Priests did put on a Cope, to say, two or three Prayers at the Altar, not suffering the Minister to dismisse the Congregation with blessing of Gods peace as was wont to be done in Durham, and all other Cathedralls of England, till very lately some new fangled Deans, and ignorant Canons, absurdly have imitated Durhams fooleries.

16. They offended in using, and justifying him that used a Cope in the Pulpit, a Hood being appointed, and sitting in his Stall in a [Page 16] Cope at time of divine Service and Sermon; at which times, Hoods are alwayes commanded to be worn by Graduates, which are never put on with Copes, and Copes are alwayes forbidden, save only at the administration of the holy Communion.

This was done in Durham, contrary to the example of all Churches, either popish or Reformed; contrary also to the expresse words of the Canon and Injunctions. In the 25 Canon thus we reade, In the time of Divine Service in all Cathedrall and Collegiate Churches, Deans and Prebendaries being Graduates, shall dayly, at the times of Prayers and Preach­ings, wear with their Surplices such hoods as are agreeable to their De­grees.

The Advertisement saith the same, Item, That the Dean and Preben­daries wear a Surplice with a Silk Hood in the Quire, and when they preach in the Cathedrall or Collegiate Church, to wear their Hoods.

Master Burg [...]yn, the first setter up of Altars, and introducer of other popish Ceremonies in that Countrey, having taken three Degrees in Cambridge, offended thrice in wearing a Cope without his Hood; with­out which Hood he preached twice; and once sate in his stall in a Cope when he preached not, as if he had been some Sir John lack-latine, or simple petty-Canon.

17. They offended both in using sumptuous Copes glittering with Images; and among the rest, of the blessed Trinity; God the Father, in the likenesse of an old man; God the Son, in the likenesse of a young­er man; the holy Ghost, in the similitude of a Dove, wrought upon red Velvet with Gold, Silver, and Pearl; one of which was taken from a Masse-priest.

As also in using scurvie, py-bald, curtal'd, and ridiculous Vestments, falsly called Copes (being indeed very fools coats) at the Communion Table, and that dayly at the Administration of the holy Communion; whereas by the aforesaid 24 Canon, a decent Cope is onely command­ed; and by the Latine Canon all Vestments defiled with superstition are forbidden: in the latine Canon de officio Decani, thus we are taught, Nullus ex ordine Ecclesiastico quocunque nomine censeatur, utetur ulla ve­ste superstitione contaminata; No Ecclesiasticall person, by what name soever he be called, shall use the gray Amice (as they call it) or any other Vesture defiled with like superstition.

18 They have wickedly transgressed against the 49. Injunction, in abusing the laudible Science of Musicke every day, and every Ser­vice without understanding of the people, and edification.

The 49. Injunction willeth and commandeth the laudible Science of Musick be so preserved, that the same in any part of Service, he not so abused in the Church, that thereby the Common Prayer should be the worse understood of the hearers. That there be a modest and di­stinct song, so used in all parts of the Common Praiers in the Church, that the same may be as plainly understood, as if it were read with­out singing. And although one Hymne of more exquisite Musick, in the beginning or end of Common Prayers may be sung; yet respect must be had, that the sentence of the Hymne may be understood and perceived.

Notwithstanding this Injunction, our Durhamers have been so ea­ger upon piping and singing, that in stead of the Morning Prayer at 6. of the clock, which was wont to be read distinctly and plainly, for Schollers, and Artificers before they begin their work, they brought in a solemne Service, with singing and Organs, Sackbuts and Cornets, little whereof could be understood of the people, neither would they suffer the Sacrament to be administred without a continuall noise of Musick both instrumentall and vocal, to the great disturbance of those holy actions.

19 They offended in multiplying unlawfull Anthemes, and disal­lowing lawfull Psalms-singing by the whole Congregation, before and after Sermons; according to the custome of all Cathedrall and Collegiate Churches, and of Durham it self, before Doctor Cosins and other of Bishop Neals Chaplains became Cannons of that Church; which unlawfull forbidding of Psalms to be sung in a vulgar tune, according to the custome of all other Churches: they have con­tinued to this present yeer, 1642.

20 They offended in singing the Nicene Creed not after the manner of distinct reading, as the aforesaid Injunction commands, and as that which is called the Apostles Creed is sung, yet forcing the people with brawling in the time of Divine Service, to stand up upon their feet, all the time that it is sung though they understand nothing, nei­ther can they perceive, whether it be a prayer or a Creed contrary to [Page 10] the Rubrick and Injunction, and 18 Cannon which injoyneth the people to stand up, when the Apostles Creed is said, saying with the Minister in an audible voice, which none can do when the Nicene Creed is sung by the whole Quire, with all their musical instruments.

21 They offended in taking pipers and singers for assistants, at the Administration of the holy Communion: which are disturbers ra­ther, which is an Innovation in Durham, begun there when Doctor Cosins was made Prebendary of that Church; for both in England, and all other reformed Churches all are commanded to depart which do not communicate.

22. They offended in chanting in the Quire amongst singing men and children; which is a base employment, for Maior Cannons, Pre­bendaries, and Preachers, amongst whom it is a thing unaccustomed, and unlawfull, when they sit in their Prebendall stals disallowed by Bishop Howson their Diocesan in his Visitation, and forbidden by Gregory the great, who saith, Prohibitum est, ne quis in Ecclesia cantet nisi inferiores ordines ut pote subdiaconi; Diaconi vero lectioni & praedica­tioni incumbant. It is forbidden (saith he) that any chant in the Churches but men of meane degree, none above Subdeacons, but Mi­nisters or Deacons, must apply themselves to reading and preaching, for that makes most for the peoples edification, to which all must be done.

In old time, Omnes simul psallebant in Ecclesia, all Christians did sing together in the Church; yet now, Soli Clerici canunt, the Clerks onely sing, as Bellarmine confesseth, li. 2^o. de verbi Dei, cap. 16. & lib. 1. de bonis operibus, cap. 16. Yea though the Papists confesse, that it was gi­ven in commandment by St. Paul (saith Bineus) that the faithfull in their Assemblies, should praise God together with heart and voyce by singing Psalmes, yet they tell us (saith Bellarmine) that Ecclesiasticae institutione optime provisum est, ne praeter certos ad hoc inscriptos alii in Eccl [...]sia canerent. It is excellently well provided for by the Orders of the Church, that none should sing but a set number appointed for that purpose, viz. Priests, Clerks, Singingmen and Quiristers.

23 The most impudent and most unlawfull Innovation that ever was seen in any Cathedrall Church of England; was that of taking [Page 11] away the Morning Prayer at 6. of the clock, which had continued above sixty yeers; and putting in the place thereof, the ordinary Mor­ning Service appointed to be said at ten of the clock, which conti­nued about two yeers.

Injunctions were given S [...]ptember 25 1^o. Eli [...] by William Lord Eures, Doctor Sands, and others, Commissioners authorised under the great Seal of England, to the Dean and Chapter of Durham, and to all other Ministers of that Church, to be observed by every of them, in their offices and degrees▪ for the advancement of Gods glory.

The 10. Injunction is this, consisting of 5 clauses, the first, that you shall have your Divine Service at due or convenient houres in your Church.

2 And that you shall (besides your ordinary Morning Prayer and Service) have every working day, at 6. of the clock in the morning, the Common Prayer with the English Letany, and Suffrages, instead, and in place of the morrow Masse.

3 To the intent, that the Schollers of the Grammer Schoole, and other well disposed persons may daily resort thereto.

4 And that some be appointed weekly as it shall come to their course: either such as were appointed for the morrow Masse, or else some of the petty Cannons.

5 And that to be done in some convenient place of the Church.

24 The foresaid Morning Prayer at six of the clock, our Innova­tors of Durham, might not alter or disanull.

1 Because it was ordained and established by lawfull Authority, of the Soveraigne Prince and Parliament, under the great Seal of Eng­land; in the generall reformation of the Church, which private men without authoritie, might not take away nor change, without the danger of excommunication and deprivation, for their impudent sawcinesse, in rebelliously withstanding the Kings Laws.

2 Because it was contrary to the custome of Durham Cathedrall, which had continued ever since the first yeer of Queen Eliz. 1559. till the second yeer of our Soveraigne Lord King Charles; to the ob­servation of which custome, all Durham Prebends, take expresly their corporall oath when they are installed.

3 Because it is contrary to all Cathedrall Churches in England, (as Bishop Howson said) which Cathedrals still retain their Morning [Page 12] Prayers, plainly read by one Minister, with a Psalm in the end, in a vulgar tune, which all the Congregation may sing together.

4 Because these Injunctions being made for the advancement of Gods glory, the taking away of this Morning Prayer distinctly said, is the hindrance of Gods glory, with the devotion and edification of Scholers; and other people for whom it was ordained: without which edifying knowledge, no service can be acceptable to God, either in Cathedrall or Parish Churches.

25 In the foresaid Injunction for 6 a clock Prayer, 5 clauses are conteined; against every one of which our new fangled Durhamers, have notoriously offended, they have overthrown and turned upside down, the whole frame and form of all forenoon Services, confound­ing the ordinary Service at 10 a clock with the 6 a clock Prayer, and bringing in a new found second Service to be said alone, without a first at the ordinarie accustomed houres of the day, by which they have depraved the whole book of Common Prayer, and the Rubricks thereof.

26 Concerning the first of which five, in Durham Cathedrall, the Divine Service called in this Injunction the ordinary Morning Praier, hath not been kept at convenient and due houres, the usuall time whereof was all the time of Queen Eliz. and King James, between the houres of nine and eleven; but our brainsick Innovators of Durham, removed the ordinary Service to 8 a clock, and so it continued about a yeer, and all that time, they had 3 forenoon Services, one at 6. ano­ther at 8. and a third at 10. of the clock, afterwards upon better ad­vice (because three Services in one forenoon were tedious) they took quite away the plain and best Morning Prayer, appointed by this In­junction, and put in place thereof, the ordinary Divine Service, and called the people thereunto, by the ringing of three Bels, to which not 3 persons usually resorted, especially in Winter, time, and dark mornings.

27 The ordinary Morning Prayer (called the Mattens and Di­vine Service in the foresaid Injunction) which appoints it to be said at due and convenient houres, that is between the houres of nine and eleven, (according to the custome and practise of all Churches) is that which is ordained in the book of Common Prayer, the Rubricks pre­scribing the manner of saying the same, for time, place, order, and fa­shion [Page 13] of rights and Ceremonies without alteration; according to the Cannon of our Church.

Observabunt ordines & ritus desoriptos in libro publicar [...]m precum, tam in legendis sacris Scripturis, & precibus dicendis, quam etiam in ad­ministrations Sacramentorum: ut nov [...] detrahant aliquid, neve addant, neve de materia, neve de forma.

Again, the 14. Cannon saith, all Ministers shall observe the orders and Ceremonies prescribed in the book of Common Prayer, without either adding or diminishing any thing in matter or form.

Our seditious Innovators of Durham have not observed the orders and rights, prescribed in the book of Common Prayer; but they have added, diminished, and altred the whole form of Divine Service, and two yeers together they have had no ordinary Morning Service, ac­cording to the Rubricks.

28 For 2 yeers together from 1627. till 1629. our Durham In­novators, M^r. Cosin and his Associates, would not suffer any ordinary Morning Prayer to be said at the due and usuall time, between 9 and 11, in the place where Evening Prayer was duely said; but every day, working dayes, and holy dayes, they went to the Altar (as they ter­med it) to say a second Service, so they call the Communion Service, which is no part of the ordinary Morning Prayer; as appeareth by the last Rubrick before the Letanie, and before that which they call the second Service, Thus endeth the order of Morning and Evening Prayer throughout the yeer.

Neither is the place where their Altar stands, the accustomed place, for saying any Divine Service, being at the East end of the Quire or Chancell, so farre in some Churches from the Congregation, that they can neither see the Minister, nor hear what he saith, nor under­stand so well as they do the Evening Prayer, said in the usuall place among them.

29 The first Rubrick, in the book of Common Prayer, is this.

The order where Morning and Evening Prayer shall be used and said.

The Morning and Evening Prayer shall be used in the accustomed place of the Church, Chappell, or Chancell. And the Chancels shall remain as they have done in times past.

This Rubrick our Durham Innovators have violated sundry waies, for here we see one place is appointed for Morning and Evening [Page 14] Prayer; not two places, one for Morning, and another for Evening Prayer.

Evening Prayer hath been used in the accustomed place, in which it is alwayes said in the midst of the Quire. This alteration our irre­gular Durhamers made themselves, without the determination of the Ordinarie, who by the 14 Cannon is limited, that he may do nothing whereby edification may be hindred, and how can the people be edi­fied, when they cannot hear the Minister, as is done in M^r. Burgoyns Church at Warmoth, &c?

Again, whereas the Rubrick saith, Chancels shall remain as they have done in times past; our new fangled Durhamers, and other coun­trey Priests (following their example) have made Cancellos inter Can­cellos, Chancels within Chancels, that is, an Inclosure, to divide their Altar Eastward from the Quire, as the Sanctum Sanctorum was sepa­rated with curtains from the rest of the Temple; who ever heard of 2 Chancels in one Church, till Durhamers invented it? contrary to this Rubrick and the example of all Churches in England in former times. So that they have a holy Church, a more holy Chancell, and at the East end thereof a most holy inclosure, where the Altar must stand, unto which no man or woman may have accesse but Priests onely.

30 Another Rubrick saith, Then shall follow certain Psalms in order, as they be appointed in the Table made for that purpose.

And another Rubrick saith, Then shall be read 2 Lessons distinctly, with a loud voice that the people may hear; the first of the Old Testament, the second of the New, like as they be appointed in the Kalender.

The Minister that readeth the Lessons, standing, and turning him so, as he may be best heard of all that be present.

No Psalms nor Chapters were read, either of the old or new Testa­ment (which is a principall part of Divine Service) by our Durham Innovators for the space of two yeers, and consequently they had no ordinary Morning Service in their Cathedrall in the usuall place, time, and form, as is prescribed in the book of Common Prayer, Cannons, Injunctions, and Act of Parliament for Uniformity, which commands all Churches to be uniform; unto none of which Durham Cathedrall was agreeable in their Morning Services.

31 The Act of Parliament for Uniformity hath these words: If any person, or Minister, in any Cathedrall, or parish Church, shall by open [Page 15] fact, or deed, or by threatning, compell any to sing or say, any common or open prayer, otherwise or in any other manner, or form, then is mentioned, in the book of Common Prayer, let him be indicted.

Again in the same Act, no rite, order, form, or manner, at Mattens, or Even song, may be used in Cathedrall, or Parish Churches, but that which is appointed in the book of Common Prayer.

The form of Morning prayer, was altred in Durham Cathedrall, by dividing it, into 2 parts, to be said at two distinct times.

Most of the Rubricks with sundry Cannons, and Injunctions, have been violated, and broken by means of that division.

Many rites, and ceremonies, have been changed, & unlawfully used.

Men have been injoyned, at forbidden times, to weare unlawfull vestments, condemned by our Church; some have been compelled with threatning and penalties to obey their unlawfull commands: As was evidently seen in the morning Prayer, which by the Injuncti­on, and custome of 60 yeers continuance, was said in a place appoint­ed thereunto, by one petty Cannon alone, plainly, distinctly, and briefly to be ended at seven a clock.

But new fangled Durhamers would have their new devised morning prayer, to be said, and sung▪ solemnly in the Quire, with all the voices of men and children, and musicall instruments, whom they forced; to be present, at that unlawfull Service, and there to abide till all was done at 8 a clock, whereby they have deserved many wayes to be in­dicted, and for their contumacy deprived of all their livings, accord­ing to the Statute. In that being often admonished, they would not amend for the space of two yeers.

32 But the most notorious Innovation, and most contrary to the foresaid Act of Uniformitie, was that which M^r. Cosin and his Asso­ciates took up at Durham about the yeer 1626. to go in a Cope to the Altar to say 2. or 3. prayers after every Sermon, which is a strange ce­remony, not mentioned in the book of Common Prayer, or Cannons, and consequently forbidden.

They would not suffer the Preacher to dismisse the Congregation, with the blessing of Gods peace; as was wont to be done in Durham, and all other Churches of England.

They alledge for themselves, the Rubrick after the Nicene Creed.

After the Creed, if there be no Sermon, shall follow one of the Homilies, set forth by common Authority. And after such Sermon, Homily, or exhor­tation, [Page 16] the Curate shall declare unto the people, whether there be any holi­dayes, or fasting dayes in the weeke following.

And earnestly exhort them to remember the poore.

This Rubrick makes nothing for this fond Innovation, for it saith, After the Creed, if there be no Sermon, shall follow one of the Ho­milies. And then it saith, after such Sermon, Homily, or Exhorta­tion, the Curate shall declare whether therebe any holidayes, or fast­ing dayes.

Here is a contradiction, or rather a nonsence, if the words be no [...] rightly understood.

If there be no Sermon, and then, After such Sermon, Homily, or Exhortation, what meaneth this?

After such Sermon, if there be no Sermon, the meaning of the Ru­brick is plain, and the practise of all our Churches expound it, when there is no Communion, if there be no Sermon preached in the pulpit, the Curate being no preaching Minister, shall read an Homily or Ex­hortation; which Homily is termed a Sermon, not preached in the pulpit on any text of Scripture, but read as the rest of the Service by the Curate, with no conceived prayer, or Psalms sung before or after the Homily: and then the Curate when the Homily is done, must pro­ceed as the Rubrick directs him, to declare to the people, whether there be any holidayes the week following: and he must exhort them, to remember the poore, saying one or more of these sentences.

Now in what Cathedrall Church doth any Curate after Sermon, warne holidayes, or fasting dayes, or read any sentence to exhort the people to make any collection for the poore?

But every Preacher in a Cathedrall Church goeth up to the pulpit, taketh a text of Scripture, hath a Psalme sung, and maketh a prayer, before the Sermon; Which Sermon being done, concludeth with a prayer, he sitteth down in the pulpit till the Psalme be ended, and then standing up, he dismisseth the congregation with the blessing of Gods peace.

Thus the Reformers of the Church understood their own Rubrick, and this hath been the practise of all Churches of England; till lately fantasticall Innovators in Durham, changed and corrupted the whole form, and fashion of our Church Service: and other Churches igno­rantly and superstitiously have lately begun to imitate Durham, in the same ridiculous Innovations.

33 They have offended in preaching and defending them that did preach against the religion established, & impudently traducing vilify­ing, and disgracing the grave and learned reformers of our Church, as Doctor Cosin did in his Sermon of the Parable of the Tares, That the Reformers of our Church when they took away the M [...]sse, they marr'd all religion and the service of God, they called it a reformation, but it was indeed a deformation, and Doctor Linsell said that the Reformers of our Church were ignorant Calvinisticall Bishops, contrary to the advertisement: no person shall preach any matter tending to dissenti­on or to the derogation of the religion, and doctrine received.

34. They offended in altering orders established, and ceremonies pre­scribed, and taking upon them to make new orders for the observation of unlawfull sermons & ceremonies without the Kings authority under the Great Seale of England, for which presumption they are excommu­nicated, though they pretend the Bishops authority to whom they give transcendent authority, which is notwithstanding limited by the locall statutes of Durham Church, and by the Cannons both old and new: his office is assigned to preach and to see that the Church Service and Sacraments be rightly administred as is prescribed in the Common Prayer; he may not hinder preaching by preferring petty ceremonies and solemne services with piping and singing before Sermons, nor cor­rupt with unlawfull orders and new rites both Service and Sacraments according to the first Latin Canon. 1571.

35 They offended in making Gloria Patri a Creed, and making the people to stand when it is said, it being no Creed, but a prayer. At which they are enjoyned to kneele, as likewise forcing the people to stand, when the Nicene Creed was sung, and to kneele when some prayer is sung. Though the people could not understand whether they were pray­ers or Creed.

The seventh Article of religion D [...] tribus Symbolis acknowledgeth but three Creeds, to be said in Churches, viz. the Nicene Creed, the Creed of Athanasius, and the Apostles Creed. Innovators in Durham have added a fourth Creed, Glory be to the Father, to the Sonne, &c. and they enjoyned the Ceremonie of standing, as if it were as good a Creed as the Apostles Creed, being indeed no Creed, but a prayer: for it is part of the Letany, which is nothing but prayers at which all are enjoyned to [Page 26] kneele Therefore they are excemmunicated ipso facto by the 5. Canon, as depravers of the booke of Common prayer and the Articles of religion.

36. They offended in burning of Wax-candels, in excessive number, two or three hundred at a time, when and where there was no use of lights, as namely on Candlemas day 1627. when the daies were length­ned two houres, and Service might be done an houre before day light was gon [...], as it was in Westminster-Abbey this yeere 1641. no Candles being lighted there at Evening prayer.

37. They offended likwise in turning their f ces to the East, and orcing the people so to doe. which is a Ceremony not allowed in our Church: in this Doctor Cosins offended, not onely in turning the rea­ders Deske at morning prayer, and the Deanes Pue, that they could not sit with their backs towards the East; but also when he administ ed the Communion, he stood on the West side of the Table with his face towards the East, and backe towards the people; which is a Ceremony the Popes Priests are enjoyned to use at Masse, and the care of the refor­mers of our Church was, that Ministers of the Gospell should not be like Masse-priests, in superstitious Ceremonies, or that our holy C [...] ­munion should be like their Idolatrous Masse. Again the turning of faces alwaies Eastward in the Service of God, is a Ceremony not appointed by the Church of England, nor mentioned in the Booke of Common prayer, as Bishop Harsnet confessed openly upon the Bench at Yorke; and consequently it is forbidden by the Act of uniformity under great penalty.

The Prebendaries of Durham incurred the horrible sinne of perjury in not conventing me before the Chapter there to be examined and matters debated, if they had any thing to lay to my charge, according to the Statutes in that behalf, and their oath.

38. In excessibus corrigendis decani & Canonicorum eaest prerogativa qued ratione Prabendarum non convenieutur extra capitulum, quia cause hu­ius [...]di queratione Prabendarum emergunt, in capitulo decani & capituli judicio terminari debent, Such is the prerogative of the Deane and Pre­bends, that all faults among them must be judged by the Deane and Chapter, they must not be convented by any out of the Chapter-house.

And againe in the third Chapter:

And the conclusion is:

All these they have violated in casting me into the whirlepoole of the High Commission Court at Durham, London, and Yorke, and therefore I humbly desire the Right Honourable House of Peeres to finish and conclude my cause according to the impechment transferred unto their Lordships by the honourable House of Commons, whereby satisfaction may be made unto me for the excessive wrongs and losses which I have sustained. By this it appeareth that all controversies betweens Preben­daries, must be ended in the Chapter house unlesse the crime be so great that the Visitor must examine and correct it; by whom and none else, t [...]e delinquent may be deprived, and not by the Bishop, uulesse, Idem Cano­nicus in offensa aliqua aut crimine gravi, veluti Haeresi, adulterio, furto, per­jurio, atqueid genus aliis culpabilis inventus fuerit. And then saith the statute 37. chap. Fiat sequestratio praebendae, interim dum talis accusatio coram Episcopo visitatore pendeat. Now it is well knowne, that the late Bishop Howson in his Visitation 1631. and at sundry other times cleered me, not culpable of any fault, which could deserve so great punishment, or any at all. But contrarily did say, that Doctor Cosin was a factions and seditious man, and that he deserved to be expeld for corrupting the Church Service and Ceremonies. They (Doctor Cosin and others) proceeded against me maliciously and trecherously, by a strange and unheard of suspension, from comming to Durham Church, onely at the same time that I kept residence contrary to the statutes, which bind me to be present in the time of Divine Service every day, and this they did in the midst of my Residence; so that I could not come to Church ten daies together, being prohibited by the sentence of suspension, naild up upon my stall.

They are bound by oath to maintaine and cause others to maintaine all rights, priviledges, and customes of the Church, this Law, right, and custome they perjuriously violated.

39. They perfidiously and most uncharitably conspired against me all of them, not one excepted, not to come to my residence con­tinuing one and twenty daies, and though they were oft invited, and [Page 28] kindly intreated, yet not one of them would once come to my house, such a thing was never heard of before. And it is contrary to their Oath, Omnes probatas & Probandas bujus Ecclesiae consuetudines observabo. I take my Oath that I will observe all approved customes of the Church.

40. They made another most damnable conspiracy against me in the Chapter-house, in sending letters full of horrible slanders and diaboli­call calumniations to Doctor Laud then Bishop of London, and soure o­ther Bishops, which are since dead; and this they did many times: one of which Letters I have, full of untruths, making the Bishops beleeve [...] I am an enemy to the Church, a man unsufferable, and that I [...] against his Majesties Chappell. All which are most false and some of them knew they were false, and therefore they are perjured, and by the statute to be expeld, Statuimus ut nemo in virtute juramenti Ec­c [...]si [...] prastiticontra Decanum aut Canonicos, quicquam dicat aut denuntiet, nisi quod verum crediderit, cap. 40. By vertue of their Oath all are injoy­ned to say nothing against any Canon, but what they beleeved to be true.

And this sending of Letters by Messengers hyred on purpose was of­tentimes on the Churches charges, whereof a good part was mine own [...] and in all other suite [...] against my selfe, they used my owne mony which is theevery, robbing me, and endevouring to kill me with my owne sword.

41. They made a sequestration of all my living, belonging to my Pre [...]. All the Prebendaries then in Durham with the Deane, concur­ring to belie and slander me, (viz.) that I preacht contra pios & salu­br [...] ritus Edclesiae in grave p [...]riculum animae suae, &c. That I preacht a­gainst the godly and wholsome Ceremonies of the Church, whereas there was not a word spoken against any approved Ceremony of our Church, but onely against unlawfull Innovations condemned by our Church. If they can name any truely, I will loose my life.

42. And although Haec lis nunquam pend [...]bat coram Episcopo visita­tort, for Bishop Howson kept no visitation till my cause was trans­mitted to London and York they made that damnable sequestration twice: first, before the suspension sealed the 9 of August 1628. which because they thought to be wrong, they amended that errour with a capitall crime, for scraping out the date, an [...] what they would beside and writing other words or figures in place thereof, they sealed that [Page 29] false sequestration ag tine, contrary to their Oath in these words. Sta­tuimus eti m ut Sigillum Commune nunquam albae chartae aut Palinxesto opponatur sub poena perjurii & perpetuae amotionis ab ha [...]ecelesiae, illius qui opposut, & quiad id faciendum consenserit, & ad satisfaciend [...]m pro dam­nissint obligati.

The Common seale must not be put to scrape parchment under the paine of perjury, and expulsion out of the Church of Durham, and the must be bound to make satisfaction, for the wrong done.

These treacherons Durhamers, Doctor Cosin, Mr. J [...]mes, with their fellowes were not content with their Vill [...]nous casting me into the whirlepoole of the high Commission, where I have been cost from Dur­ham to London, from London to York, from prison to prison, more then 13. yeares together, and utterly undone by their barbarous, more then Turkish and Paganish Practises.

They were not content I say, to plague me with all manner of pu­nishments the merciless: Commisioners could inflict upon me, in all the fores [...]id places, but in the Chipter houses they would bite me, and pre­judicate my cause before it came to tryall, with a malitious sequestrati­on of my living twise sealed in the comp sse of one moneth, and that perfidiously and sl [...]nrdrously fraughted with diabolicall calumni­ations.

They perjuriously have offended in detaining from me all that I have lost these 14 yeares since 1628 with above 1200. pound, which I have spent siucethis Parliament began in maintaining witnesses, &c. whilest they maintaine their witnesses. as they have done all their suits of law against me upon the Church cost, and by the statutes of Durham Church, which they tooke their Corporall Oathes to obey, they are bound to pay to me, as appeares by the 14. and 15 Chapters.

If any Prebendary be absent from Durham Church, being hindred by any lawfull impediment, and namely by imprisonment, he shall en­joy all profits, and commodities arising any wayes from his Prebend, as if he had all that time beene present.

The words of the statute are these. Quod si ob aliquod illorum impedime­enterum (viz. profectionem ad Parliamentum & moram ibidem, Incarcerat­onem non voluntarium &c.) iliquem Canonicorum abesse ab ecclesia hac comingerit, in omnibus tamen commodis & emolumintis, ration [...] corporis [Page 30] prabenda sua, & quotidianarum distributionum, a dicta ecclesia percipien­dis, pro praesente haberi volumut.

I Peter Smart one of the Prebendaries have beene absent from the Church of Durham 12. yeares, I have beene all that time Ligiteme impe­ditus: for I have beene by my false brethrens fault and procurement imprisoned, and by wrongfull excommunication, suspension, and de­gradation as is adjudged by the high Court of Parliament, kept from my house and Church, and all my meanes, hath beene taken from me, the sum of all which amounted to above 14000. pound, a great part of which I should have recovered of Doctor Carre and his heires, which because the Deane and Chapter hinder me from obtaining, being mine owne, which hee wrongfully got and possessed, I am to have it of the Deane and Chapter of Durham, and by their oath they are bound and must pay it me, besides satisfaction, they must make for other wrongs they have done to me and mine.

They perfidiously granted the registers office to Thomas Bullock, and Abraham Clarke, there being a Chapter Act for my Sonne William Smart, to succeed Mr. Browne according to his petition, granted up­on a great Chapter day, themselves perswading mee to take him from the universitie to put him to the Inns of Court, and to make him a nota­ry publique, which being done, they being offended with mee for withstanding their Popish innovations in the Church, treacherously beguiled my said sonne to his great losse and undoing, and they suffe­red Mr. Browne, who enjoyed the said office, to sell the same to the said Bullocke, and Clarke, contrary to a Chapter Act, expresly forbidding him to sell it, but to leave it to the Chapters free gift, as he freely re­ceived it, they committed a double perjury in this, first in making two Registers put joyntly in one patent, whereas by statute & custome, there must be but one register, and in swearing Bullock, and not Clarke; con­trary to the expresse words of the statute. Omnes prater pueros jurabunt. All members of tge Church except Boies, must take their oath.

46 They made a lease to Mr. Toby Blaxton, for the use of Mr. Co­sin of hay ground belonging to mee, which I had enjoyed many yeares, by custome of the Church as ten prebendaries alwayes have done, they made a lease (I say) of that, which by custome only useth to be holden, and not by lease, which is manifest perjury, of which no president can be shewed, never any lease was heard of before to be made in that kind.

47 They prejuriously offended in making to the said Cosin a lease of the Tith Corne of Pittington, allotted to the 4. Prebend, which was mine.

They granted likewise to Doctor Carre, a lease of my Tyth Corne of Shadforth, belonging to the 4. Prebend.

They perfidiously wrought meanes to put me out of my living, and brought in Doctor Carr, who had got in the space of 11. yeares, above 4000. pound out of my livings, which they doe all they can to keepe from me, though the Parliament acquitted me of all censures, whereby it is manifest, that Doct. Carre was never prebendary of Durham the 4. Prebend, which was mine, being never actually void.

48 The statutes of the Church, viz. Cap. 17. have these words. Volumus ut singulis Anni terminis stipendia omnia tam Decano & Canoni­cis quam aliis Ministris, numrecentur, & solvantur, And againe Statui­mus & ordinamus; ut Thesaurarius qui pro tempore fuerit stipendia omni­a prout statutis nostris assignantur tempore suo numeret & persolvat, & illa etiam quae sub anni exitum pro Communi dividenda sunt solvenda. Stat. cap. 22, De officio Thesaur. These clauses of the statutes, some of the treasurers have not observed, as well in not paying where it was due, as also in paying where it was not due, where both the statutes and Cu­stome of the Church forbid them to pay, and as I understand, they have made Chapter Acts against me, to keepe me and mine from my owne, they conspired altogether to be perjured, and to divide my moneyes a­mongst themselves.

Doctor Duncon late treasurer of Durham, refuseth to pay me the sti­pends belonging to my prebend, which were unpaid to Doctor Carre, amounting to the sum of about 40. pound, and neither he nor Doctor Nayler now treasurer, will pay to William Withrington my servant the stipend due to him, though by their oath they are bound to pay sti­pends Decano & Canonitis & aliis Ministris, whereof he is one to the Deane and Cannons and other officers whereof he is one.

49 Yet the most prophane Epicurisme, and Sacralegious implety of the Deane and Prebendaries appeareth in bestowing of Church livings with charge of soules, of which if they be very commodious, they will accept of themselves, as Doctor Cradock did North Allerton worth 200. pound per annum, having above 600. pound per annum before hee tooke it, not to preach therenor reside upon it, being Bishop Neales Chancellor, Prebend of Durham, and Vicar of Gain [...]ord (for he never preacht there nor ministred the Sacraments, nor said service) but to sell [Page 32] it, for 500. pound, which the minister that bought it, held but two yeares till Cradock dyed, afterward Mr. Blaxton got the same North-Allerton having a Prebend of Durham, and parsonage of Sedgefield worth 800. pound per annum at which living he never preacht for 16. yeares nor said service, being lusty and able enough to doe any thing, saving the duties of his calling.

This man resigned and bargained away many livings; Woodhorne, Red Marshall, his Arch-Deaconry of Yorke to his Sonne in law Doctor Cosin, his Prebend of Yorke, and Vicaridge of Allerton to his Sonne Thomas Blaxton, and lastly his rich personage of Sedgefield and Prebend of Durham to his Sonne Robert Blaxton, both worth 800. pound por annum.

50 Of all other, their execrable impiety, is seene in committing the charge of soules to them that they know are uncapable, as namely Witton Gilbert, to Joseph Cradock; the foresaid Doctor Cra­dock Sonne, who was not full minister, nor yet is, neither did he ever preach, or say Service there; not long after, they gave to the same Ioseph Cradock another called Walsend, worth about 60. pound per annum, where likewise he never officiated, but presently he sold them both, one to Henry Hutton Clerke, and the other to Sir Nicholas Tempest for 220. pound, after these two he got a third living called Middleton George, where he never did any service nor liveth there, but with the mo­ney he got for these places, hee bought a Commissary ship, of Rich­mond in Yorkeshire, whereof he hath made extraordinary great profit, whereby divers complaints have beene made against him.

Likewise they have given to William Smith a Minor Cannon, the Vi­caridge Edlingeham, about 40. miles from Durham, contrary to the statute in the 24. Chap. that the benefice must not bee above twenty foure miles from Durham, where he seldome or never commeth, nor keepeth a sufficient Curate.

But they refuse to collate upon one Master Carwardine a painfull preacher, the Vicaridge of Aycliffe, which by the order and custome of the Church, I Peter Smarth Senior Residentiary, have presented him unto having right so to doe, as was proved this Parliament, by the testi­mony of two witnesses, and they keepe in a deboyst and scandalous mi­nister, one George Leake, as appeares by a petition, at this time preferr'd to the Lords of the Parliament, by the parishioners there.