XI. "party, if he that is cited do not appear upon the first ci- CHAP. "tation, then facta fide of the serving of it, he may be, pronounced contumax. If upon the second citation he Anno 1580, "continue his obstinacy, then facta fide, he may be fined. "And thirdly, if that will not avail, then he may be sus“pended ab ingressu Ecclesiæ, if a layman; or a beneficio, "if he be a Clerk. Fourthly, and if all the premises will not bring him in, then the Bishop may have authority "to send his warrant to the Sheriff, or some Justice of the "Peace, for the attaching of the party, and committing "him to prison, until he enter bond with sufficient sureties "to appear, and pay the charges past. 66 Secondly, If any sentence given, the party appear not "at the time appointed, quum sententia debeat executioni "mandari, then to be suspended. And if he continue so "by the space of a month, then to be imprisoned, either by "the Bishop himself, or by his warrant, as before, till he "conform himself to the said sentence." scribes a But besides these cares about the due and regular execu- Penance. tion of this highest censure of the Church, another business lay also before this Convocation, namely, penance for open sins, another great and necessary part of ecclesiastical discipline. This also needed reformation. And herein the The ArchArchbishop contributed his pains: that it might not be bishop preperformed only as a matter of form, but produce a good form for it. effect, to bring the sinner to amendment; and to serve as a seasonable warning and example to all. Therefore did he himself devise a form of penance to be for the future observed; and laid it before the Synod. Which I shall here set down. rection for "First, I wish at every public penance a sermon, if it be 261 "possible, be had. Secondly, In the same sermon the griev-TheArchbiousness of the offence is to be opened; the party to be shop's di"exhorted to unfeigned repentance, with assurance of God's it. "mercy, if they so do; and doubling of their damnation, "if they remain either obstinate, or feign repentance where "none is, and so lying to the Holy Ghost. Thirdly, BOOK II. "Where no sermon is, there let a homily be read, meet for 66 "the purpose. Fourthly, Let the offender be set directly Anno 1580. " over against the pulpit, during the sermon or homily, and "there stand bareheaded with the sheet, or other accustomed "note of difference; and that upon some board raised a "foot and a half, at least, above the church floor; that "they may be in loco editiore, et eminentiores omni populo; "i. e. in an higher place, and above all the people. Fifthly, Item, It is very requisite that the Preacher, in some place of his sermon, or the Curate after the end of the homily, remaining still in the pulpit, shall publicly interrogate the offenders, whether they do confess their fault, "and whether they do truly repent: and that the said of"fenders or penitents should answer directly every one "after another, (if they be many,) much like to this short "form following, mutatis mutandis. Interrogatories to be put to the penitent. 66 66 66 66 "Preacher. Dost thou not here before God, and this congregation assembled in his name, confess that thou "didst commit such an offence, viz. fornication, adultery, "incest, &c. ? "Penitent. I do confess it before God and this congre"gation. 66 "Preacher. Dost thou not also confess, that in so "doing thou hast not only grievously offended against the majesty of God in breaking his commandment, and so de"served everlasting damnation, but also hast offended the "Church of God by thy wicked example? "Penitent. All this I confess unfeignedly. "Preacher. Art thou truly and heartily sorrowful for "this thine offence? 66 "Penitent. I am from the bottom of my heart. "Preacher. Dost thou ask God and this congregation heartily forgiveness for thy sin and offence: and dost "thou faithfully promise from henceforth to live a godly "and Christian life, and never to commit the like offence "again? "Penitent. I do ask God and this congregation heartily XI. "forgiveness for my sin and offence: and do faithfully CHAP. "promise from henceforth to live a godly and Christian life, " and never to commit the like offence again. "This done, the Preacher or Minister may briefly speak "what they think meet for the time, place, and person : "desiring in the end the congregation present to pray to "God for the penitent, &c. and the rather, if they see any good signs of repentance in the said penitent. Anno 1580. "Provided always, that order be given by the Ordinaries, "when they assign penances, that if the penitents do shew "themselves irreverent or impenitent at their penances, "that then their punishments be reiterated; and be re"moved from the church to the market-place. That though 262 "themselves may thereby seem incorrigible, yet their pub"lic shame may be a terror to others. "If the Ordinary see cause to commute the wearing "of the sheet only, (for other commutation I wish none,) "then appoint a good portion of money to be delivered "immediately after the penance done in form aforesaid by "the penitent himself to the collectors for the poor; with "this proviso, that if he shew not good signs of repentance, "he is to be put again to his penance with the sheet. "And then no money at no time to be taken of him." I have the copy of another paper drawn up by a Convocation (if I judge right) about six years after, viz. 1586, or 1587, and prepared to be offered to the Parliament to be enacted; the grounds whereof were laid in this Synod, as may be observed by him that reads it, which who that pleases may do in the Appendix. It propounded several Num. XVI. things to be reformed about Ministers, excommunication, commutation of penance, and dispensations. Anno 1581. Nicols a Jesuit re cants. CHAP. XII. The Council's letters to the Archbishop in behalf of a Jesuit that recanted; and concerning the recusants that refused conference. The Archbishop's orders and directions hereupon. Visits Merton college. A Bishop consecrated. Dr. Aubrey and Dr. Clark, acting for the Archbishop. Grants a licence to the Lord Cheney to remove his ancestors' bodies. THE Archbishop was employed by the Council, May 1581, in two matters: both which he duly executed. There was one John Nicols, a Jesuit, (among sundry other Jesuits, Seminary and Mass Priests,) taken and laid up: who at last was brought by conference, and the grace of God, to be convinced of his errors, and was the first that made a recantation, which he did before a sufficient audience in the Tower. By books also written and published by him, he gave forth to the world good and apparent testimony of his faith and conformity. The Privy Council therefore (as they signified to the Archbishop from Whitehall, May the 10th) thought him fit to be comforted and encouraged; to the end that, by the example thereof, others, that yet remained obstinate, might the rather be induced to follow the way by him begun. And because by his writings he seemed to be well learned, and able to instruct the Church of God, it was intended, that the next convenient living ecclesiastical that fell, should be conferred on him. In the mean time for his reasonable maintenance, to enable him to live, they prayed his 263 Lordship, notwithstanding his sequestration, to deal with the rest of his brethren the Bishops, for a contribution to be made among them all, for some convenient portion of money to be paid unto him quarterly, for his necessary wants for apparel, sustenance, and continuance in his studies. The Arch bishop sends to the This the Archbishop took care of, and sent his letters to the Bishops accordingly, May the 13th. He also set down XII. the rate of each Bishop, viz. in what proportion their con- CHAP. tribution should be: as himself 77. London 37. Winchester 41. Ely 47. Hereford 31. Sarum 31. Bath and Wells 37. Anno 1581. Wigorn 31. Lincoln 40s. Chichester 40s. Norwich 50s. St. Bishops for David's 40s. Litchfield and Coventry 40s. Peterborough 40s. nance. St. Asaph 40s. Bangor 30s. Rochester 30s. Exon 30s. Landaff 20s. Oxon, Glocester, and Bristol, vacant. Summa 501. The letter the Archbishop wrote on this occasion was to this tenor, (having first exemplified the Council's letters to him, "After our right hearty commendations unto your "Lordship: whereas among sundry Jesuits," &c.) 66 his mainte bishop's "I have thought good therefore, by virtue of the said The Arch"letters, to pray and require your Lordship, according to letter for "the old ancient order in such cases accustomed, to trans-Nicols. "mit to every of my brethren, the Bishops of this province, "a copy of these presents, with the rate taxed and appoint"ed particularly to every one of them; the whole sum among us all amounting to 50l. yearly. Nothing doubting "but that your Lordship, and all the rest of my brethren, "will have due consideration of the request made by my "Lords, and of the reasons by their Lordships alleged "to move us thereunto. And the rather, for that this con"tribution is not like to be of any long continuance. And "for as much as appointing of the place and person, to "whom the said contribution shall be paid to the use of the "said Nicols, is referred unto me, I have thought good to "signify to your Lordship and the rest, that I have ap 66 pointed my servant, Richard Frampton, to receive the “said several contributions here at my house in Lambeth. "And that Midsummer next shall be the next quarterly day "for payment for us that dwell near London; and so from "quarter to quarter, till the said Nicols be provided: re"quiring the rest of our brethren that dwell far off to pay "their rates half yearly: that is to say, at Michaelmas next, "for one half year, and at the Annunciation following for "another half year-praying your Lordship, and all the "rest of my brethren, that the said days and times so ap |