The works of Francis Bacon, lord chancellor of England.

OF THE PACIFICATION OF THE CHURCH. 425
heresy, blasp-hemy, breach of the Sabbath, and metro" to the sense and course of the common
other like causes of scandal. The first two of law, as it may well receive some limitation.
these, in my opinion, differ from the rest; that is,
tithes and testaments: for those be matters of
profit, and in their nature temporal; though, by a
favour and connivance of the temporal jurisdiction,
they have been allowed and permitted to the courts NIES, AND SUBSCRIPTION.
ecclesiastical; the one, to the end the clergy might FOR the liturgy, great respect and heed would
sue for that was their sustentation before their be taken, lest, by inveighing against the dumb
own judges; and the other, in a kind of piety and ministry, due reverence be not withdrawn from
religion, which was thought incident to the per- the liturgy. For, though the gift of preaching be
formance of dead men's wills. And surely for far above that of reading; yet the action of the
these two the bishop, in my opinion, may with liturgy is as high and holy as that of the sermon.
less danger discharge himself upon his ordinary It is said, ", Domus mea domus orationis vocabijudges. And Ithink likewise it will fall out, that tur:" ", the house of prayer," not the house of
those suits are in the greatest number. But for preaching; and whereas the apostle saith, 1 "How
the rest, which require a spiritual science and dis- shall men call upon him, on whom they have not
cretion, in respect of their nature, or of the scandal, believed? And how shall they believe unless
it were reason, in my opinion, there were no au- they hear. And how shall they hear, without a
dience given hbut by the bishop himself; he being preacher 1" it appeareth that as preaching is the
also assisted, as was touched before: but it were more original, so prayer is the more final; as the
necessary also he were attended by his chancellor, difference is between the seed and the fruit: for the
or some others his officers being learned in the keeping of God's law, is the fruit of the teaching
civil laws, for his better instruction in points of of the law; and prayer, or invocation, or divine
formality, or the courses of the court: which if it service, or liturgy, for these be but varieties of
were done, then were there less use of the official's terms, is the immediate hallowing of the name of
court, whereof there is now so much complaint: God, and the principal work of the first table, and
and causes of the nature aforesaid being only of the great commandment of the love of God. It
drawn to the audience of the bishop, it would is true that the preaching of the holy word of God
repress frivolous and prowling suits, and give a is the sowing of the seed: it is the lifting up of
grave and incorrupt proceeding to such causes as the brazen serpent, the ministry of faith, and the
shall be fit for the court. ordinary means of salvation: but yet it is good to
There is a third point also, not of jurisdiction, take example, how that the best actions of the
but of form of proceeding, which may deserve worship of God may be extolled excessively and
reformation, the rather, because it is contrary to superstitiously. As the extolling of the sacrathe laws and customs of this land and state, which, ment bred the superstition of the mass; the exthough they do not rule those proceedings, yet tolling of the liturgy and prayers bred the supermay they be advised with for better directions; stition of the monastical orders and oraisons: and
and that is the oath 6" ex officio:" whereby men so no doubt preaching likewise may be magnified
are enforced to accuse themselves, and, that that and extolled superstitiously, as if all the whole
is more, are sworn unto blanks, and not unto ac- body of God's worship should be turned into an
cusations and charges declared. By the law of ear. So as none, as I suppose, of sound judgment
England, no man is bound to accuse himself. In will derogate from the liturgy, if the form thereof
the highest cases of treason, torture is used for be in all parts agreeable to the word of God, the
discovery, and not for evidence. In capital mat- example of the primitive church, and that holy
ters, no delinquent's answer upon oath is required; decency which St. Paul commendeth. And, thereno, not permitted. In criminal matters not capital, fore, first, that there be a set form of prayer, and
handled in the Star Chamber, and in causes of that it be not left either to an extemporal form, or
conscience, handled in the chancery, for the most to an arbitrary form. Secondly, that it consist as
part grounded upon trust and secrecy, the oath well of lauds, hymns, and thanksgivings, as ot
of the party is required. But how? Where there petitions, prayers, and supplications. Thirdly,
is an accusation and an accuser, which we call that the form thereof be quickened with some
bills of complaint, from which the complainant shortness and diversities of prayers and hymns,
cannot vary, and out of the compass of the which and with some interchanges of the voices of the
the defendant may not be examined, exhibited unto people, as well as of the minister. Fourthly, that
the court, and by process notified unto the defend- it admit some distinctions of times, and comant. But to examine a man upon oath, out of the memorations of God's principal benefits, as well
insinuation of fame, or out of accusations secret general as particular. Fifthly, that prayers likeand undeclared, though it have some countenance wise be appropriated to several necessities and
from the civil law, yet, it is so opposite -4 ex dia- occasions of the church. Sixthly, that there be a
Vor. II.-54 2 N 2