actual and full obedience is to be given to eccle- | memory, did flourish. If I should compare it with siastical jurisdiction as it now standeth; and, when your Majesty hath determined and ordered, that every good subject ought to rest satisfied, and apply his obedience to your Majesty's laws, ordinances, and royal commandments; nor of the dislike I have of all immodest bitterness, peremptory presumption, popular handling, and other courses, tending rather to rumour and impression in the vulgar sort, than to likelihood of effect joined with observation of duty. But before I enter into the points controverted, I think good to remove, if it may be, two opinions, which directly confront and oppone to reformation: the one bringing it to a nullity, and the other to an impossibility. The first is, that it is against good policy to innovate any thing in church matters; the other, that all reformation must be after one platform. For the first of these, it is excellently said by the prophet; "State super vias antiquas, et videte, quænam sit via recta et vera, et ambulate in ea." So as he doth not say, "State super vias antiquas, et ambulate in eis:" For it is true, that with all wise and moderate persons, custom and usage obtaineth that reverence, as it is sufficient matter to move them to make a stand, and to discover, and take a view; but it is no warrant to guide and conduct them: a just ground, I say, it is of deliberation, but not of direction. But on the other side, who knoweth not, that time is truly compared to a stream, that carrieth down fresh and pure waters into that salt sea of corruption which environeth all human actions? And therefore, if man shall not by his industry, virtue, and policy, as it were with the oar, row against the stream and inclination of time; all institutions and ordinances, be they never so pure, will corrupt and degenerate. But not to handle this matter common-place like, I would only ask, why the civil state should be purged and restored by good and wholesome laws, made every third or fourth year in parliament assembled; devising remedies as fast as time breedeth mischief: and contrariwise the ecclesiastical state should still continue upon the dregs of time, and receive no alteration now for these five and forty years and more? If any man shall object, that if the like intermission had been used in civil causes also, the error had not been great: surely the wisdom of the kingdom hath been otherwise in experience for three hundred years space at the least. But if it be said to me, that there is a difference between civil causes and ecclesiastical, they may as well tell me that churches and chapels need no reparations, though castles and houses do: whereas commonly, to speak truth, dilapidations of the inward and spiritual edifications of the church of God are in all times as great as the outward and material. Sure I am that the very word and style of reformation used by our Saviour, “ab initio non fuit sic," was applied to church matters, and those of the highest nature, concerning the law moral. Nevertheless, he were both unthankful and unwise, that would deny but that the church of England, during the time of queen Elizabeth of famous foreign churches, I would rather the comparison should be in the virtues, than, as some make it, in the defects; rather, I say, as between the vine and the olive, which should be most fruitful; and not as between the brier and the thistle, which should be most unprofitable. For that reverence should be used to the church, which the good sons of Noah used to their father's nakedness; that is, as it were to go backwards, and to help the defects thereof, and yet to dissemble them. And it is to be acknowledged, that scarcely any church, since the primi tive church, yielded, in like number of years and latitude of country, a greater number of excellent preachers, famous writers, and grave governors. But for the discipline and orders of the church, as many, and the chiefest of them, are holy and gool; so yet, if St. John were to indite an epistle to the church of England, as he did to them of Asia, t would sure have the clause; "habeo adversus te pauca." And no more for this point, saving, that as an appendix thereto, it is not amiss to touch that objection, which is made to the time, and not to the matter; pretending that if reformation were necessary, yet it were not now seasonable at your Majesty's first entrance: yet Hippocrates saith, “Si quid moves, a principio move:" and the wisdom of all examples do show, that the wisest princes, as they have ever been the most sparing in removing or alteration of servants and officers upon their coming in; so for removing of abuses and enormities, and for reforming of laws, and the policy of their states, they have chiefly sought to ennoble and commend their beginnings therewith; knowing that the first impression with people continueth long, and when men's minds are most in expectation and suspense, then are they best wrought and managed. And therefore it seemeth to me, that as the spring of nature, I mean the spring of the year, is the best time for purging and medicining the natural body, so the spring of kingdoms is the most proper season for the purging and rectifying of politic bodies. be There remaineth yet an objection, rather of suspicion than of reason; and yet such as I think maketh a great impression in the minds of very wise and well-affected persons; which is, that if way given to mutation, though it be in taking away abuses, yet it may so acquaint men with sweetness of change, as it will undermine the stability even of that which is sound and good. This surely had been a good and true allegation in the ancient contentions and divisions between the people and the senate of Rome; where things were carried at the appetites of multitudes, which can never keep within the compass of any moderation; but these things being with us to have an orderly passage, under a king who hath a royal power and approved judgment, and knoweth as well the measure of things as the nature of them; it is surely a needless fear. For they need not doubt but your majesty, with the advice of your council, will discern what things are intermingled like the tares amongst the wheat, which have their roots so enwrapped and entangled, as the one cannot be pulled up without endangering the other; and what are mingled, but as the chaff and the corn, which need but a fan to sift and sever them. So much therefore for the first point, of no reformation to be admitted at all. For the second point, that there should be but one form of discipline in all churches, and that imposed by necessity of a commandment and prescript out of the word of God; it is a matter volumes have been compiled of, and therefore cannot receive a brief redargution. I for my part do confess, that in revolving the Scriptures I could never find any such thing but that God had left the like liberty to the church government, as he had done to the civil government; to be varied according to time, and place, and accidents, which nevertheless his high and divine providence doth order and dispose. For all civil governments are restrained from God unto the general grounds of justice and manners; but the policies and forms of them are left free so that monarchies and kingdoms, senates and seignories, the popular states, and communalties, are lawful, and where they are planted ought to be maintained inviolate. So likewise in church matters, the substance of doctrine is immutable; and so are the general rules of government: but for rites and ceremonies, and for the particular hierarchies, policies, and discipline of churches, they be left at large. And therefore it is good we return unto the ancient bounds of unity in the church of God; which was, one faith, one baptism and not, one hierarchy, one discipline; and that we observe the league of christians, as it is penned by our Saviour; which is in substance of doctrine this; "He that is not with us, is against us" but in things indifferent, and but of circumstance, this; "He that is not against us, is with us." In these things, so as the general rules be observed; that Christ's flock be fed; that there be a succession in bishops and ministers, which are the prophets of the New Testament; that there be a due and reverent use of the power of the keys; that those that preach the gospel, live of the gospel; that all things tend to edification; that all things be done in order and with decency, and the like: the rest is left to the holy wisdom and spiritual discretion of the master builders and inferior builders in Christ's church; as it is excellently alluded by that father that noted, that Christ's garment was without seam; and yet the church's garment was of divers colours: and thereupon setteth down for a rule; "in veste varietas sit, scissura non sit." In which variety, nevertheless, it is a safe and wise course to follow good examples and precedents; but then by the rule of imitation and example to consider not only which are best, but which are the hkeliest; as namely, the government of the church in the purest times of the first good emperors that embraced the faith. For the times of persecution, before temporal princes received our faith, as they were excellent times for doctrine and manners, so they be improper and unlike examples of outward government and policy. And so much for this point: now to the particular points of controversies, or rather of reformation. CIRCUMSTANCES IN THE GOVERNMENT OF BISHOPS. First, therefore, for the government of bishops, I for my part, not prejudging the precedents of other reformed churches, do hold it warranted by the word of God, and by the practice of the ancient church in the better times, and much more convenient for kingdoms, than parity of ministers and government by synods. But then farther, it is to be considered, that the church is not now to plant or build; but only to be pruned from corruption, and to be repaired and restored in some decays. For it is worth the noting, that the Scripture saith, "Translato sacerdotio, necesse est ut et legis fiat translatio." It is not possible, in respect of the great and near sympathy between the state civil and the state ecclesiastical, to make so main an alteration in the church, but it would have a perilous operation upon the kingdoms; and therefore it is fit that controversy be in peace and silence. But there be two circumstances in the administration of bishops, wherein, I confess, I could never be satisfied; the one the sole exercise of their authority; the other, the deputation of their authority. For the first, the bishop giveth orders alone, ex-` communicateth alone, judgeth alone. This seemeth to be a thing almost without example in good government, and therefore not unlikely to have crept in in the degenerate and corrupt times. We see the greatest kings and monarchs have their councils. There is no temporal court in England of the higher sort where the authority doth rest in one person. The king's bench, common-pleas, and the exchequer, are benches of a certain number of judges. The chancellor of England hath an assistance of twelve masters of the chancery. The master of the wards hath a council of the court: so hath the chancellor of the duchy. In the exchequer chamber, the lord treasurer is joined with the chancellor and the barons. The masters of the requests are ever more than one. The justices of assize are two. The lord presidents in the North and in Wales have councils of divers. The star-chamber is an assembly of the king's privy council, aspersed with the lords spiritual and temporal: so as in courts the principal person hath ever either colleagues or assessors. The like is to be found in other well-governed commonwealths abroad, where the jurisdiction is yet more dispersed; as in the court of parliament of France, and in other places. No man will deny but the acts that pass the bishop's jurisdiction are of as great importance as those that pass the civil courts; for men's souls are more precious than their bodies or goods; and so are their good names. Bishops have their infirmities, and have no exception from that general malediction which is pronounced against all men living, " Væ soli, nam si occideret,” etc. Nay, we see that the first warrant in spiritual causes is directed to a number, "Dic Ecclesiæ;" which is not so in temporal matters and we see that in general causes of church government, there are as well assemblies of all the clergy in councils, as of all the | contained in the original grant; and in that case it states in parliament. Whence should this sole ex ́ercise of jurisdiction come? Surely I do suppose, and, I think, upon good ground, that "ab initio non fuit ita;" and that the deans and chapters were councils about the sees and chairs of bishops at the first, and were unto them a presbytery or consistory; and intermeddled not only in the disposing of their revenues and endowments, but much more in jurisdiction ecclesiastical. But it is probable, that the deans and chapters stuck close to the bishops in matters of profit and the world, and would not lose their hold; but in matters of jurisdiction, which they accounted but trouble and attendance, they suffered the bishops to encroach and usurp; and so the one continueth, and the other is lost. And we see that the bishop of Rome, "fas enim et ab hoste❘ doceri," and no question in that church the first institutions were excellent, performeth all ecclesiastical jurisdiction as in consistory. : And whereof consisteth this consistory, but of the parish priests of Rome, which term themselves cardinals, "a cardinibus mundi;" because the bishop pretendeth to be universal over the whole world? And hereof again we see many shadows yet remaining as, that the dean and chapter, pro forma, chooseth the bishop, which is the highest point of jurisdiction: and that the bishop, when he giveth orders, if there be any ministers casually present, calleth them to join with him in imposition of hands, and some other particulars. And therefore it seemeth to me a thing reasonable and religious, and according to the first institution, that bishops, in the greatest causes, and those which require a spiritual discerning, namely, in ordaining, suspending, or depriving ministers, in excommunication, being restored to the true and proper use, as shall be afterwards touched, in sentencing the validity of marriages and legitimations, in judging causes criminous, as simony, incest, blasphemy, and the like, should not proceed sole and unassisted: which point, as I understand it, is a reformation that may be planted sine strepitu, without any perturbation at all: and is a matter which will give strength to the bishops, countenance to the inferior degrees of prelates or ministers, and the better issue or proceeding to those causes that shall pass. And as I wish this strength given to the bishops by council, so it is not unworthy your Majesty's consideration, whether you shall not think fit to give strength to the general council of your clergy, the convocation-house, which was then restrained when the state of the clergy was thought a suspected part of the kingdom, in regard of their late homage to the bishop of Rome; which state now will give place to none in their loyalty and devotion to your majesty. is doubtful. And for experience, there was never any chancellor of England made a deputy; there was never any judge in any court made a deputy, The bishop is a judge and of a high nature; whence cometh it that he should depute, considering that all trust and confidence, as was said, is personal and inherent; and cannot, nor ought not to be transposed? Surely, in this, again, "ab initio non fuit sic" but it is probable that bishops, when they gave themselves too much to the glory of the world, and became grandees in kingdoms, and great counsellors to princes, then did they delegate their proper juris dictions, as things of too inferior a nature for their greatness: and then, after the similitude and im tation of kings and counts palatine, they would have their chancellors and judges. But that example of kings and potentates giveth no good defence. For the reasons why kings administer by their judges, although themselves are supreme judges, are two: the one, because the offices of kings are for the most part of inheritance; and it is a rule in all laws, that offices of inheritance are rather matters that ground in interest than in confidence; forasmuch as they may fall upon women, upon infants, upon lunatics and idiots, per sons incapable to execute judicature in person; and therefore such offices by all laws might ever be exercised and administered by delegation. The second reason is, because of the amplitude of their juris dictions; which is as great as either their birthright from their ancestors, or their sword-right from God maketh it. And therefore if Moses, that was governor over no great people, and those collected together in a camp, and not scattered in provinces and cities, himself of an extraordinary spirit, was nevertheless not able to suffice and hold out in person to judge the people, but did, by the advice of Jethro approved from God, substitute elders and judges; how much more other kings and princes? There is a third reason, likewise, though not much to the present purpose; and that is, the kings, either in respect of the commonwealth, or of the greatness of their own patrimonies, are usually parties in suits: and then their judges stand indifferent be tween them and the subject: but in the case of bishops, none of these reasons hold. For, first, their office is elective, and for life, and not patrimonial of hereditary; an office merely of confidence, science, and qualification. And for the second reason, it is true, that their jurisdiction is ample, and spacious; and that their time is to be divided between the labours as well in the word and doctrine, as in government and jurisdiction: but yet I do not see, supposing the bishops' courts to be used incorruptly, and without any indirect course held to multiply For the second point, which is the deputation of causes for gain of fees, but that the bishop their authority, I see no perfect and sure ground for might very well, for causes of moment, supply bis that neither, being somewhat different from the ex- judicial function in his own person. For we see amples and rules of government. The bishop exer-before our eyes, that one chancellor of England des ciseth his jurisdiction by his chancellor and commis-patcheth the suits in equity of the whole kingdom sary official, &c. We see in all laws in the world, which is not so much by reason of the excellency of offices of confidence and skill cannot be put over, that rare honourable person which now holdeth the nor exercised by deputy, except it be especially place: but it was ever so, though more or less bur : not capital, handled in the star-chamber, and in causes of conscience, handled in the chancery, for the most part grounded upon trust and secrecy, the oath of the party is required. But how? Where there is an accusation and an accuser, which we call bills of complaint, from which the complainant cannot vary, and out of the compass of the which the defendant may not be examined, exhibited unto the court, and by process notified unto the defendant. But to examine a man upon oath, out of the insinuation of fame, or out of accusations secret and undeclared, though it have some countenance from the civil law, yet it is so opposite ex diametro to the sense and course of the common law, as it may well receive some limitation. CONCERNING THE LITURGY, THE CEREMO- And how shall they And how shall they denous to the suitor, as the chancellor was more or less able to give despatch. And if hold be taken of that which was said before, that the bishop's labour in the word must take up a principal part of his time; so I may say again, that matters of state have ever taken up most of the chancellor's time; having been for the most part persons upon whom the kings of this realm have most relied for matters of counsel. And therefore there is no doubt but the bishop, whose circuit is less ample, and the causes in nature not so multiplying, with the help of references and certificates to and from fit persons, for the better ripening of causes in their mean proceedings, and such ordinary helps incident to jurisdiction, may very well suffice his office. But yet there is another help for the causes that come before him are these: tithes, legacies, administrations, and other testamentary causes; causes matrimonial; accusations against ministers, tending to their suspension, deprivation, or degrading; simony, incontinency, For the liturgy, great respect and heed would be heresy, blasphemy, breach of the sabbath, and other taken, lest by inveighing against the dumb ministry, like causes of scandal. The first two of these, in due reverence be not withdrawn from the liturgy. my opinion, differ from the rest; that is, tithes and For though the gift of preaching be far above that testaments: for those be matters of profit, and in of reading; yet the action of the liturgy is as high their nature temporal; though, by a favour and con- and holy as that of the sermon. It is said, "Domus nivance of the temporal jurisdiction, they have been mea domus orationis vocabitur:" "the house of allowed and permitted to the courts ecclesiastical; prayer, not the house of preaching:" and whereas the one, to the end the clergy might sue for that the apostle saith, "How shall men call upon him, on that was their sustentation before their own judges; whom they have not believed? and the other, in a kind of piety and religion, which believe unless they hear ? was thought incident to the performance of dead hear, without a preacher ?" it appeareth that as men's wills. And surely for these two the bishop, in preaching is the more original, so prayer is the more my opinion, may with less danger discharge himself final; as the difference is between the seed and the upon his ordinary judges. And I think likewise it fruit; for the keeping of God's law, is the fruit of will fall out, that those suits are in the greatest num- the teaching of the law; and prayer, or invocation, ber. But for the rest, which require a spiritual or divine service, or liturgy, for these be but varieties science and discretion, in respect of their nature, or of terms, is the immediate hallowing of the name of of the scandal, it were reason, in my opinion, there God, and the principal work of the first table, and of were no audience given but by the bishop himself; the great commandment of the love of God. It is he being also assisted, as was touched before but it true that the preaching of the holy word of God is were necessary also he were attended by his chancel- the sowing of the seed; it is the lifting up of the lor, or some others his officers being learned in the brazen serpent, the ministry of faith, and the ordicivil laws, for his better instruction in points of nary means of salvation: but yet it is good to take formality, or the courses of the court: which if it example, how that the best actions of the worship of were done, then were there less use of the official's God may be extolled excessively and superstitiously.] court, whereof there is now so much complaint: and As the extolling of the sacrament bred the supersticauses of the nature aforesaid being only drawn to tion of the mass; the extolling of the liturgy and the audience of the bishop, it would repress frivolous prayers bred the superstition of the monastical orders and prowling suits, and give a grave and incorrupt and oraisons: and so no doubt preaching likewise proceeding to such causes as shall be fit for the court. may be magnified and extolled superstitiously, as if There is a third point also, not of jurisdiction, but all the whole body of God's worship should be turnof form of proceeding, which may deserve reforma-ed into an ear. So as none, as I suppose, of sound tion: the rather, because it is contrary to the laws and customs of this land and state, which though they do not rule those proceedings, yet may they be dvised with for better directions; and that is the oath ex officio; whereby men are enforced to accuse themselves, and, that that is more, are sworn unto blanks, and not unto accusations and charges delared. By the law of England no man is bound to accuse himself. In the highest cases of treason, torture is used for discovery, and not for evidence. in capital matters, no delinquent's answer upon oath is required; no, not permitted. In criminal matters judgment, will derogate from the liturgy, if the form minister. Fourthly, that it admit some distinctions | velled, that where the book in the preface to public of times, and commemorations of God's principal benefits, as well general as particular. Fifthly, that prayers likewise be appropriated to several necessities and occasions of the church. Sixthly, that there be a form likewise of words and liturgy in the administration of the sacraments, and in the denouncing of the censures of the church, and other holy actions and solemnities; these things, I think, will not be much controverted. baptism doth acknowledge that baptism in the prac tice of the primitive church was anniversary, and but at certain times; which showeth that the pri mitive church did not attribute so much to the ceremony, as they would break an outward and general order for it; the book should afterwards allow of private baptism, as if the ceremony were of that necessity, as the very institution, which committed baptism only to the ministers, should be broken in regard of the supposed necessity. And therefore this point of all others I think was but a Concessum propter duritiem cordis." For the form of celebrating matrimony, the ring seemeth to many, even of vulgar sense and understanding, a ceremony not grave, especially to be made, as the words make it, the essential part of the action; besides, some other of the words are noted in speech to be not so decent and fit. But for the particular exceptions to the liturgy in form as it now standeth, I think divers of them, allowing they were just, yet seem they not to be" weighty; otherwise than that nothing ought to be counted light in matters of religion and piety; as the heathen himself could say, etiam vultu sæpe læditur pietas." That the word, priest, should not be continued, especially with offence, the word, minister, being already made familiar. This may be said, that it is a good rule in translation, never to confound that in one word in the translation, which is precisely distinguished in two words in the original, for doubt of equivocation and traducing. And therefore seeing the word per¤UTEрoc and iɛpeùs be always distinguished in the original; and the one used for a sacrificer, the other for a minister; the word, priest, being made common to both, whatsoever the derivation be, yet in use it confoundeth the minister with the sacrificer. And for an example of this kind, I did ever allow the discretion and tenderness of the Rhemish translation in this point; that finding in the original the word ȧyán and never pos, do ever translate charity, and never love, because of the indifferency and equivocation of the word with impure love. Touching the absolution; it is not unworthy consideration, whether it may not be thought improper and unnecessary; for there are but two sorts of absolution, both supposing an obligation precedent; the one upon an excommunication, which is religious and primitive; the other upon confession and penance, which is superstitious, or at least positive; and both particular, and neither general. Therefore since the one is taken away, and the other hath its proper case, what doth a general absolution, wherein there is neither penance nor excommunication precedent? for the church never looseth, but where the church hath bound. And surely I may think this at the first was allowed in a kind of spiritual discretion, because the church thought the people could not be suddenly weaned from their conceit of assoiling, to which they had been so long accustomed. For confirmation, to my understanding, the state of the question is, whether it be not a matter mistaken and altered by time; and whether that be not now made a subsequent to baptism, which was indeed an inducement to the communion. For whereas in the primitive church children were examined of their faith before they were admitted to the communion, time may seem to have turned it to refer as if it had been to receive a confirmation of their baptism. For private baptism by women, or lay persons, the best divines do utterly condemn it; and I hear it not generally defended; and I have often mar For music in churches; that there should be singing of psalms and spiritual songs, is not denied: so the question is de modo; wherein if a man will look attentively into the order and observation of it, it is easy to discern between the wisdom of the insti tution and the excess of the late times. For first there are no songs or verses sung by the quire, which are not supposed by continual use to be so familiar with the people, as they have them with out book, whereby the sound hurteth not the understanding: and those which cannot read upon the book, are yet partakers of the sense, and may fol low it with their mind. So again, after the reading of the word, it was thought fit there should be some pause for holy meditation, before they proceeded to the rest of the service: which pause was thought fit to be filled rather with some grave sound, than with a still silence; which was the reason of the playing upon the organs after the Scriptures read: all which was decent and tending to edification. But then the curiosity of division and reports, and other figures of music, have no affinity with the reasonable service of God, but were added in the more pompous times. For the cap and surplice, since they be things in their nature indifferent, and yet by some held superstitious; and that the question is between science and conscience, it seemeth to fall within the compass of the apostles' rule, which is, "that the stronger do descend and yield to the weaker." Only the difference is, that it will be materially said, that the rule holdeth between private man and private man: but not between the conscience of a private man, and the order of a church. But yet since the question at this time is of a toleration, not by connivance, which may encourage disobedience, but by law, which may give a liberty; it is good again to be advised whether it fall not within the equity of the former rule: the rather, because the silencing of ministers by this occasion is, in the scarcity of good preachers, a punishment that lighteth upon the people, as well as upon the party. And for the subscription, it seemeth to me in the nature of a confession, and therefore more proper to bind in the unity of faith, and to be urged rather for arti |