he hath a knowne accuser and perfect understanding of the cause or crime objected and therewithall is permitted to haue a copye of the bill of complaint or information and allowed more over both time convenient and councell learned well to consider advise of his oth answer and if his adversaryes complaint be either in sufficient in forme or such as the Court hath no jurisdiction to determine the defendant upon demurrer without othe is dismissed and that with costs And admtit the accusation be such as is every way aunswerable yet if the interrogatoryes ministred be impertinent to the matter of complaint the defendant without offence to the Court may refuse to make answer to the same Therefore no similitude or likenes between this oth used in these Honorable courts of Iustice that constreyned oath ex mero officio Iudicis 1 Since the former sort be orderly taken in courts of justice the other without all course of judgement 2 The one where the plantiff and matter of complaint are manifest the other where neither accuser nor matter of accusation doeth appeare unlesse the bare suspicion of the Iudge fame unproved or private insinuation may be allowed for competent persons in judgement against whom the party defendāt is deprived of all legall exceptiōs is often after great trouble dismissed and though innocent yet dampnified and slaundered and without recompence there being no complanant found but the Iudge himselfe 3 The one made upon certaine knowledge and good advisment the other soddenly without all discretion uppon uncertaine demaunds 4 The one wisely restreined to certaine limits boūds the other foolishly wandring at the doubtfull will of a sly and subtill opposer 5 Upon the one the deponent aunswereth to the accusation of his adversarye by the other he is compelled to be his owne accuser and condemner 6 The one requyreth an answer to matter in fact done either to the injury of some private person or hurt of the publicke state the other constreineth revealing of words deeds and thoughts though never offensiue to any That which is objected that the saide proceeding is warranted by the Canon law or Civill law is answered many wayes but breifely by the positiue law it selfe that banisheth all Canon Civill or other law or preheminence or power whatsoever which is contrary or repugnant to the common law of the land But this proceeding by the partyes owne othe ex officio mero is contrary and repugnant to the common law of the land Ergo Thus we see that this proceeding by oth ex officio was a meere straunger in England Conclusion and how it arrived heerein Anno 2. H 4. but yet as a masker disguised marching in the rowte of Cannonicall sanctions obscured from the veiw of the State under that name but after being discovered as an adder in the grass was damned and expelled by the Statute of 25. H. 8. as a traytor to the King and his lawes and hath no lawfull or warrantable interteynment by the statute of primo Elizab For that there by no jurisdiction excercised by the Bishop of Rome in this kingdome is annexed to the crowne but that which was then lawfully vsed and excercised within this kingdome Then for any Ordinary or Iudge Ecclesiasticall to enterteine it and use it in their courts proceedings is a high misprision against the King his Crowne and dignity and punishable by the Statute of the 16. yeere of K. R. 2. Now to passe from the oth ex officio to the Canons of the Canōs and yet not to deale with those that are of indifferent sorte but with those onely that are either contrary to Gods word or repugnant to the lawes of the land neither also to say all of these in this place that might be sayd but only for brevities sake to giue a tast and to poynt at some may it please the Christian reader yea the answerer himselfe yea all our adversaries in this cause that are not too much blinded with mallice to consider that all such Canons generally as pronounce a man ipso facto excommunicate for saying thus or thus against the Canons themselues against the Ceremonies against the booke of Common prayer and the strict observation thereof etc cannot be justified in this behalfe by the word of God For as to prevent an objection that might be made from the commaundement for reading of them publikly in Churches albeit the sacreed scriptures be dayly publikely read and preached yet many things are both wittingly and unwillingly spoken and actually committed against the sayd sacreed scriptures for which notwithstanding such persons are not presently to be held ipso facto excommunicate so certeinly except the authoritie of the Church be greater then the authority of God and the Canons of this last Synod more authenticall then the holy scriptures given by inspiration from God it must be acknowledged of these Canons and all other constitutions of the Church whatsoever that every word spoken or act committed against thē especially unwittingly is not so heavily to be punished Agayne wheras the sayd Canons doe forbid any man by speech so offending without publike revocation of his sayd pretended wicked error to be restored sith the sayd offence may be committed as well privatly as publikely and sith the Canons speake generally whosoever shall affirme etc without any exception of private affirmations how can the sayd Canons in this respect be warranted by the word of God 1 Tim 5.1 If all offences against Gods word at least of man against man be not publikely to be reprehēded much lesse are all affirmations in disgrace of any Ecclesiasticall cōstitutions of men to be punished with publike pennance Furthermore whereas divers of the sayd Canons doe forbid many offenders by such affirmations to be restored by any other meanes then onely by the Archbishop sith the sayd offence may not onely be unwitting private but also by a poore ignorant man yea perhaps a lame impotent man dwelling also it may be an hundred myles or almost 200. myles from the Archbishop What equity is there that svch an offender should be debarred from all restoring by any other And so for want therof be deprived perhaps all his life from all publike communion with the Church and from all spirituall comfort for his soule therby Is this the mercy that is better then sacrifice And wherby we doe represent our heavenly Father The 13. Canon commaundeth the celebration of holy dayes as well as of the Lords day and that as equally agreyng to Gods holy will and pleasure I deny not but that as Gods word is to be preached at all tymes in season and out of season so it is also to be heard as oft as men haue opportunity but yet that the holy dayes now commaunded to be celebrated are as equally according to Gods holy will and pleasure as the Lords day especially so to be celebrated as they are injoyned with greater solemnities
the officers thereof increased When were the Preists of the law of greater outward authority and tooke more upon thē then when the church of the Iewes touching true beuty was in worst case Serch the scriptures for they beare witnes heerof Yea were there ever so many degrees of dignitie in the Church and doe we ever reade of so great state and pompe of the Preistes in the former tymes as there was of the Preists Scribes Pharises at the first commyng of Christ And were ever things in so bad case before as thē they were So also sinc that the more that truth of doctrine and puritie of Discipline decayed in the Church after the golden and most glorious age of the Apostles the more did the Church grow unto and swell in outward riches pomp and glory Experience also teacheth that the more glorious Prelats are in their outward state the lesse benefite the rest of the Church hath by them because they take the less paynes at the least such paynes as are most agreable to the true Episcopall and ministeriall calling described in holy scripture Wherein then is the true glory of the Church 1 in such ministers of the word and other officers as Christ hath commended 2 In the performance of such dutyes by them as he requyreth that is in preaching the word faithfully in administring the Sacraments sincerely in praying zealously and aptly according to the necessityes of the Church and in executyng Discipline wisely and justly 3 In the effects of the former two viz in true knowledge faith loue zeale humility patience temperance righteousnes peace etc. Touching these thinges the more we want som of those officers that Christ hath cōmended by his Apostles to the Church and the more negligent those that we haue are in their duties the more lamentable it is to see the carved pillers of the temple broken downe and the faithfull workmen in Gods house to be cast out by whose labors it had been before built brought to some good bewty Touching the last what christian heart is so stony that it doth not mourne What eye so drye that it doth not shead teares yea rather gush out with teares to consider and behold the mesery of our supposed glorious Church by the spirituall nakednes blindnes poverty therof I meane the great ignorance the superficiall worship of God the fearfull blasphemies and swaringes in houses and streates so also the direfull cursings the open contempt of the word Sacraments the wicked profanations of the Lords dayes the dishonor of superiours the pride the cruelty the fornications adultryes and other uncleannesses the dronkennes the covetousnes the usuryes and other the like abominations almost as grevous as either heertofore in the tyme or now in the places of Popery when and where there was no preaching at all of the gospell O M. Powel and yee my Reverend Fathers and brethren in the ministery even of the conformable sorte flatter not your selues in this behalfe but behold and pity the wofull and lamentable stat of our Church in these things But to returne heerin you erre not a litle in that you confound the state of the Church and of the common wealth of the Iewes The Common wealth was indeed at that time in much misery But was the Church also amongst them for such thinges as wheerin cheifely consisteth misery in as bad condition Had they not those officers that God had prescribed Were the Preists and Levits either so ignorant or so idle or so scandolous as many called Ministers amongst us Were the faithfull and paynfull Preists and Levites so urged to the observation of mens traditions and Ceremonyes in the worship of God and otherwise so molested as now many godly ministers are Were the people so blind so irreligious so unrighteous as now they are Were the godly forced to heare dumme dogges or corrupt teachers Or restrayned from hearing of those that preached wholsome doctrine or urged to communicate with the Preistes in humaine Ceremonyes to the greife of their soules and wounding of their consciences as many now are The Lord giue you all such consideration of these thinges that yee may not so much labour for outward pompe preferments honors dignityes etc. As for the true felicitie of our English Ierusalem and Sion that God may build up the walles therof and still loue and delight therin G. Powel As Nehemiah having by prayer and fasting found favour with an heathen King for the building of Ierusalem was resisted and hindred by Sanballat Tobiah Geshem etc. So worthy Nehemiah in the beginning of our religious Soveraignes reigne finding grace for the continuance of the prosperous estate of our Church begunne in the dayes of our blessed Queene so many Sanballats Tobiahs and Geshems as there be refractary ministers and Papists deryding and despisyng us labor to hinder our ministery etc. The ods that before he spake of Reply now he maketh likes Is this to dispute ad idem and to the purpose Touching his worthy Nehemiah whom he compareth to auncient good Nehemiah let this be observed that although he speake of the prayer and fasting of the auncient Nehemiah yet he speaketh not of any prayer and fasting of his newe Nehemiah What may be suspected or noted heerin I leaue to the consideration of the wise and judicious reader that remembreth what opposition many of the Prelats haue alwayes made to true fasting and that also knoweth what be the thinges which men may safely commēd in prayer unto God especially for which they may humble themselues extraordinary in fasting before God Touching the Tobiahs Sanballats and Geshems whom fayne he would haue to be those that he calles refractary ministers as well as the Papists let him not deceaue himselfe heerin For the wise Christian readers are able to discerne thē to be most worthy of these nāes that striue most for mens precepts that study more to please men then God that preach not themselues and hinder them that would whose cheefe worke is not to encrease God his kingdome but to uphold their owne fearing nothing more then the downefall therof which also feed not the Lords people with the bread of eternall life but their owne bodyes with the meate that perisheth and with all carnall delights who care not to enrich the Lords people with durable riches that shall not be taken away but plod day and night to enrich themselues in this world and to build great house for their posteritie Such are indeed the Sanballats Tobiahs and Geshems that doe most oppugne the spirituall building of the spirituall Ierusalem Now although this answerer other not much vnlike those before described for a tyme reproch and scorne vs by such odious names and comparisons yea plough upon our backes and make long furrowes yet the righteous Lord in the end shall plead our cause against them and bring forth our righteousnes even as the mornyng Sunne it may be in this world that even
he would eat no cheese were this moderat severity What then may be sayd of them that cast out other from the inheritāce of the Lord whose labours God hath blessed to the joye of many an elect soule that only for not doyng that against which they can yeeld a farre better reason from God his will revealed in his word then any man can doe for his not eating of cheese or for any other the like action from the secret instinct of nature G. Powel The author of these arguments is not afrayd to perswade provoke your Honorable Court these are his owne words to intercede with his Majestie that he would compell the Reverend Prelats to surcease their rigorous and cruell dealing The Apostle biddeth vs to provoke one another to loue to good works Heb. 10.24 Therefore why might not the author of these arguments use this word unto the Parliament for so good a worke as in all the said arguments is intended But for the latter words of M. Powel to compell the Reverend Prelats to surcease their rigorous and cruell dealing etc. Where doth the author use them The drifte of all the arguments insinuateth so much If it be but insinuation then all the words before set downe are not the expresse owne words of the author as M. Powell hath said 2 It may be taken for granted that the sayd Prelats are so resolute for mainteyning of their Hierarchie Discipline Ceremonyes and other conformity that they will not yeeld one inche yea not to his Majestie exceept they be compelled Gab. Powel The Prelats haue soberly and temperatly caryed themselues in their proceedings Answ We will all with one accord most thankfully acknowledg this when we shall find it In the meane tyme we do acknowledge it comparatiuly true in respect of their wils and desires For by this answer written by their authority and by divers other tokens it is apparant that they would gladly provoke us to giue them further advantage against vs and also that for these causes they would doe more thē they doe yet I speake not of all I doe unfainedly confess that their is great difference of affections amongst them it respect of us they would I say doe more then they doe If they feared not the people No but if his Majestie his most Honorable counsell would giue them leaue and if they feared not as much indignation from his Highnes as now they seeme to be in grace with him and as much opposition by the honorable Counsell as now perhaps they seeme to haue furtherance by some of them that do not so well understand the cause G. Powel Their obstinat superstion hath worthely made them subject to the proceedings of the Bishops What Superstition And obstinate superstition Answ We were never before to my remembrance charged with superstition much lesse with obstinat superstition but haue alwayes been accounted great adversaryes to superstitiō Yea we hate it with a perfect hatred yea our soules abhorre and detest the least superstition much more obstinat superstition as much as the best of them doe hate it yea much more then some of them it is one of our reasons against some poynts of conformitie that we judge them superstitious How then may we be charged with superstition Yea with obstinat superstition But what if we were superstitious May we therfore be punished cōtrary to law or aboue that that the law requyreth Were not this to ad transgression to transgression and to punish sinne with sinne We may not doe evill that good may come thereof G. Powel The author cryeth out as if the gospell by such proceedings were banished Gods worship prophanely adulterated to the eternall perill of many thousand soules Where is this outcry It is very low and soft Answer in some secret corner or written in very small letters that no man can see or heare of it The author might well cry out that the gospell is in part banished by the suppression of so many able godly faithfull paynefull ministers that Gods worship is in part corrupted both in the doctrine especially sithens this late vehement strivyng by our Prelats for conformitie as shal be afterwards touched and also in the other publike exercises of religion by mixture of humane inventions Ceremonyes and Traditions Yea and that heerby we are in danger to haue the candlesticke removed and the kingdome of Heaven taken from us and given to a Nation more worthy then we except by repentance doing our first works Revel 2.5 Yea making our last works more then our first vers 19. We doe in time prevent this judgment G. Powel The Parliament is able to convince him heerin of malepart Sycophancy and manifest untruth Answer I would such accusers notwithstanding their such threats of the Parliaments kindnes would stand with vs that we might be admitted to stand with them at the barre of the Parliament for triall of this accusation and whether the author of those Arguments or this answerer haue abused that most worthy Senat. G. Powel This author feareth no rebuke of shame for his vnconscionable dealyng Answer Let this unsconscionable dealing be shewed in the author or else let this answerer be ashamed G. Powel This man speaketh frō Cimmerian darknes by concealing his nāe Answer Then also by the same reason many books of the scripture the writers whereof haue concealed their names were written from Cimmerian darknes The like may be sayd of many other most worthy Theologicall bookes without name of any writer Much more may the same be sayd of the booke intitled SCOTTISH GENEVATING ENGLISH SCOTIZING and many other such disgracefull and scornefull books published without name of any author against the desired reformation and all the favorers thereof It is also the severitie of the Prelats that maketh vs the rather to conceale our names If we had as much liberty to publish our books for our selues as every rayler hath to put forth any thing against us Yea as there is for Printing of many profane filthy scurrilous lascivious ungodly bookes authorised by some of them you should quickly see our names The author is bold to offer his writing even to your Honors Gab. Powel to provoke you to supplicat to his excellent Majestie in behalfe of their cause or else to determine it of your selues Answ The author never desired this determynation you speake of by the Parliament as though that would or might be authenticall without his Majesties Royall assēt but onely that his Majesty thereby seeing the equity of the cause and the affection of his people therunto might also be the more easily perswaded to vouchsafe his princly favour towards them therein G. Powel I was cōmaunded by some in authority to peruse and breifely to refute these Arguments which at the first I was unwillyng to take vpon me If you be so ready to be commaunded to write against
or by the Bishop of the Diocess or by one of the two Universities under their hands and seale Let the King then under his broad seale graunt licence to any of his Chapleines to preach within his owne chapple this licenc by this Canon is of no value then the which what can be more derogatory to the Soveraigne dignity of the King in causes Ecclesiasticall Unto the mould of this Canon agreeth the 47. Canon before mētiōed which cōcludeth that no Minister not licēsed a Preacher under the hand seale of the Bishop of the Diocess or Archbishop of the Province or under the seale of one of the Vniversities shall take upon him to expound in his owne cure any scripture or matter of doctrine but shall onely study to read playnely and aptly without glosing or addyng the Homilies already set forth or heerafter to be published by lawfull authority The King then by this Canon may not licence a Minister to preach or to expound any scripture no not in his own cure no though the ministers Cure be the Kings owne houshold or the houshould of the Prince or any other of the Kings children Nay by these two Canons and the Canon of subscription it is evident that the Prelats intended that every Scotish Minister havyng renounced the Hierachie and embraced the single forme of Goverment in Scotland should be barred from preaching at any time before the King in England unless he should subscribe to the Hierarchy of England For with out a licence may none preach and without subscription may none be licenced And not onely is this 47. Canon derogatorie to the Kings prerogatiue but it is also repugnant to other the Kings lawes and statuts For whereby that statute made against Lolardy and Heresie it was enacted that none should presume to Preach openly or privily without the licence of the Diocesan first requyred obtayned yet by the same Act Curats in their owne Churches and Parsons priviledged were excepted and by the Provinciall Constitutions confirmed and ratified by Parliament it is provided thus We establish that no secular or regular not authorised by written law or protected by speciall priviledg to preach the word of God may take upon him the preaching or exercise of the same word within any Church or without any Church unless first he present and submit himselfe to the examination of the Diocesan etc But concernyng aperpetuall Curate we understand such a one by law and right to be sent to the place and people of his Cure And that we may understand whom the Canon meaneth to be a perpetuall Curate the gloss sheweth us that a Bishop in his Diocess a Parson and Vicar in his Parish and every other Person intituled to any benefice whereunto apper teyneth cure of soules is to be understood to be a perpetuall Curate and that he may preach in his owne Cure without the Bishops licence Moreover by the booke of ordering Bishops Ministers and Deacons every one made a Minister promiseth that he will giue all faithfull diligence alwayes to minister the doctrine etc as the Lord hath commanded etc so that he will teach the people committed to his cure and chardg withall dilligence to keepe and obserue the same But how can a Minister instruct and teach the people committed to his chardge according to his publicke vowe if as it is sayd in this Canon he shall not take upon him to expound in his owne Cure any scripture or matter of doctrine at all but shall onely study to read plainely and aptly without glosing or adding the Homilies etc Lastly the wordes of the Bishops institution are these Teque rectorem eiusdem ac de et ineadem instituimus canonice et investimus cum suis iuribus et pertinentiis universis curamque et regimen animarum prochianorum ibidem in Domino cōmittimus per-presentes And we speaking of a Clarke to be instituted into a benefice Canonically institute thee rector of the same Church and of Cure goverment by law ought to go together in a minister and in the same doe invest thee withall her rights appertinances and by these presents we in the Lord commit unto thee both the cure and goverment of the soules of the Parishioners in that place The Clearke then instituted into a benefice by these wordes of the Bishops institution by the booke of ordering of Bishops Ministers and Deacons and by the Provinciall Constitutions having not a private but a publicke office of cure and regiment of soules committed unto him how can it seeme reasonable that he should be countermanded by reason of a Provinciall decree not cōfirmed by Act of Parliament not to excercise the same his publicke office without a Bishops licence For what if the Bishops refuse to grant him a licence Or what if the Bishops and his officers see for graunting writing sealyng his licence be greater then the poore Minister is able to disburst is it reason that his chardg by this meāes should be left uninstructed Nay is it not as if a Sergiant at law called to the barr of the Common pleas by the Kings writ solemly created a Sergiant and publickly admitted to the same barr should afterward be forbidden by the cheife Iustice of that Court to pleade at that barr without licence otteyned under his hand and seale Or is it not as if a Doctor of Phisicke solemnely created in the Vniversity and publickly admited to practise artem medica should notwithstanding without a new faculty from the Doctor of the Chayre be inhibited to minister any Pill or Portion to any pacient The 53. Canon before also mentioned viz. against publicke opposition between preachers is not only repugnāt to the doctrine of (a) levit 5.1 2 Tim. 4.2 holy Scripture cōtrary to the practis of the (b) 2. Chron. 18.7 Ierem. 27.9 28 7 Acts 13.10 Galat. 2 11 Prophets Apostles but also crosseth the Ministers vow solemly made at his ordination Whos 's promise is that he wil be ready with all faithfull diligence to banish driue away all erroneous and strang doctrin contrary to Gods word and to use both publicke and private motions and exhortations as well to the sicke as to the whole within his cure But upon occasion given by any false Prophet publickly broaching false doctrine in a Ministers chardg how shall the Minister with all faithfull dilligence drive away the same false doctrine and publickely teach the truth if he may not teach admonish or exhort his people without a licence first obtayned from the Bishop of the Diocess For what if the Bishop be upon an embassadg in Denmarke Or what if the Bishop himself be of the same judgment with the false teacher The 91. Canon entituled Parish Clearks to be chosen by the Ministers is contrary and regugnant to the customes of the Realme in many Parishes of the Realme And in this regard this Canon hath been blowen to peeces at the barr of the Common