had relation to the time to come And yet notwithstanding this kind of speach would haue been but a harshe kinde of speach namely to saye Take thou authoritie to preache when thou shalte haue authoritie to preach couplinge the present tense with the future tense the time present with the time to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the time to come for the certaintie of the euent thereof instead of the present tense and the time present But these wordes take thou authoritie to preache the worde to the congregation in the place where thou shalt be appointed is a very proper kinde of speach and the wordes them selues carrie with them a naturall sence As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a minister thou hast now authority giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the minister to administer the Sacramentes without speciall licence in wryting or not to pray or not to fast or not to say seruice or not to bury the dead such like But there is more to serue their turnes and to helpe their cause in the law CanoÌ„ in the iniunctions the law Canon being thus Ex. de heret c. excom § Quia vero QVIA VERO NON NVLLI c. But because some vnder the colour of Godlines denying as the Apostle saith the power thereof challenge vnto them selues authoritie to preach whereas the Apostle sayth How shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop af the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedelye repent let them be punished with some other competent paine The iniunction beeing this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarâ—er of the yeare at the least one sermon beeing licensed specially therevnto Wherevnto I aunswere that this decree and this iniunction requiring speciall lisences to preach And the Bishop by vertue of the foresayde statute giuing authoritie to preach can not iarre much and that one little wrest wil set them in tune their oddes is so small If I saye vnto one by worde of mouth Syr take here the key of the gate of my pasture where my Grey ambling Gelding runneth opeÌ„ the gate bring him out take him to your owne vse I giue him you franckly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and Angels as he that hath a special licence giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secreatly by a goose quill Moreouer neither doth the foresayde Canon neither yet the Iniunction require a special licence in wryting to the ende that the minister shoulde haue power thereby onely to preache For so shoulde you take away the forme and order appoynted by act of Parliament whereby authoritie is giuen to a minister to preach and commit the making of a minister to the Bishop without a congregation But the ende why a speciall licence ought to be had is not so much for the partie him selfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight Article of the iniunctions The wordes are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery minister to preach within his owne cure though he be not specially licensed therevnto The wordes are these And that no other be suffred to preach out of his own cure or parrish then such as shal be licensed as is before expressed therfore a minister to preach within his own cure yea thogh he haue no licence is commaunded In the time of Henry the 4. at what time Wyckliffe preached the Gospel the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the kings Dominions presume or take vpon him to preach priuily or apertly without speciall licence firste obtayned of the ordinarie of the same place Curates in their owne parrish churches and persons heretofore priuiledged others admitted by the Canon law only excepted And that no maner of person seculer or reguler beeing authorized to preach by the lawes now prescribed or lycensed by special priuiledge shall take vpon him the office of preaching the worde of God or by any meanes preach vnto the clargy or layety either in the church or without in Latine or english except he first present him selfe be examined of the Ordinary of the place where he preacheth And so being found a fit person as wel in maners as in knowleg he shal be sent by the said ordinary to some one church or more as shal be thoght expedi ent by the said ordinary according to the qualitie of the person Nor any persoÌ„ aforesaid shal presume to preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized do come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge do shew their priuiledge vnto the parson or Vicar of the place where they preach And those that pretend theÌ„selues to be sent by the Ordinary of the place shal likewise shew the ordinaries letters made vnto him for that purpose vnder his great Seal Let vs alwaies vnderstande the Curate hauing perpetuitie to be sent of right to the people of his own cure Furthermore no clergy maÌ„ or PerochiaÌ„s of any parish or place within our prouince of Canterb. shal admit any maÌ„ to preach with in the churches churchyardes or other places whatsoeuer except ther be first manifest knowledg had of his authority priuiledge or sending thither according to the order aforesayde Touching the first protestation to be made promised subscribed by theÌ„ that shal hereafter be admitted to any office roome or cure in any church or other place ecclesiastical contained in these words in the booke of aduertisements In primis I shal not preach or publikly interpret but onely read that which is appointed by publike authority without special
set foorth primo Elizabeth the aduertisementes and articles set foorth septimo Elizabeth and this statute being made 8. Elizabeth and so since doth bounde and limit the meaning of the iniunctions and aduertisementes For whereas before the names were vsed in them confusedly this statute doth aptly distinguish them applying properly euery proper office to his proper officer and bringing those names before recited vnto two principal heades For though there be parsons Vicars Curates ministers generally in the Church of whom mention is made in the iniunctions articles and aduertisementes Yet these and euery one of these must by this statute be either a Deacon or a minister specially And beeing a Deacon he ought to execute the office of a Deacon and being a minister the office of a minister by this statute and so a Deacon if he be a Parson vicar or Curate he must execute the office of a Deacon onely that is he must read the scriptures and Homilies by this statute Likewise a minister if he be a Parson Vicar or Curate he must minister the doctrine and sacraments and discipline of Christ he must be a dispensor of the word of God and he must preach onely and yet in saying that he must preach onely I do not exclude him from doing those other dutyes Sine quibus illud fieri non potest Without the which he cānot preach as frō reading the scriptures and praying with the people but I exclude him from those thinges onely which are not incident to his office as from reading of Homilies for he may preach and neuer read Homilies but he can not preach profitablie vnlesse he reade the scriptures and vse prayer What will you then by law positiue barre all ministers that be Parsons Vicars or Curates and yet can not preach from reading Homilies I aunswere that whether they can preach or can not preach Currat lex Let the law runne and let him that hath defiled his handes by laying them vppon such a one contrary to the commaundement of the Lorde and contrary to the lawes of his gouernour vnder whom he liueth and by whom he hath his preferment holde vp his guyltie handes vnto the Lorde for mercy in the day of the Lord and fall downe before hir highnesse for hir gratious pardon in so abusing hir highnesse lawes And to the ende you may see more apparauntly these two offices by the lawe it selfe to be thus distinguished I haue set downe the Bi. wordes pronounced by vertue of the statute vnto the ministers as followeth You haue hearde brethren as well in your priuate examination as in the exhortation and in the holy lessons taken out of the Gospell out of the wrytinges of the Apostles of what dignitie and of how great importaunce this office is whervnto yee be called and moreouer exhort you in the name of our Lord Iesus Christ to haue in remembraunce into how high a dignitie and to how chargeable an office yee be called that is to saye to be the messengers the watchmen the Pastours and the stewardes of the Lorde to teach to premonish to feede and prouide for the Lordes familie to seeke for Christ his sheepe that be dispersed abroade and for his children which be in the middest of this nuaghty worlde to be saued thorow Christ for euer haue alwayes therefore printed in your remembraunce how great a treasury is committed to your charge for they be the sheepe of Christe which he bought with his death and for whom he shed his bloud the Church and congregation whom you must serue is his spouse and his body and if ye shall see the same Church or any member thereof to take anye hurt or hinderauuce by reason of your negligence yee know the greatnesse of your faulte and also of the horrible punnishment which will ensue Wherefore consider with your selues the ende of your ministerie towardes the children of GOD towarde the spouse and bodie of Christe and see that yee neuer cease your labour your care and diligence vntill you haue done all that lyeth in you according to your bounden duetie to bring all such as are or shall bee committed to your charge vnto that agreement in faith and knowledge of GOD and to that ripenesse and perfectnesse of age in Christe that there be no place left among them either for errour in religion or for viciousnesse in life As here you see the whole summe of the office of a Minister recited by Act of Parliament and pronounced by the Bishoppe So in the whole action of ordering Ministers both the bishops interrogatories and the parties aunsweres and all tende to admonishe the Minister still of his duetie in teaching and instructyng the people and in preaching Where the whole action of ordering Deacons tendeth to admonishe the Deacon of his office in reading As thus Will you diligently reade the same vnto the people assembled in the Church where you shall be appoynted to serue Answere I will And againe It pertaineth to the office of a Deacon to read holy scriptures and Homilies in the congregation And againe take thou authoritie to execute the office of a Deacon in the Churche of God and take thou authoritie to reade the Gospell in the Church of God And thē one of them appoynted by the Bishop shall reade the Gospell of that day And no doubt the whole house of Parliament had a singular care to haue these offices distinguished by their lawe euen as they are distinguished by the lawe of Christe him felfe as appeareth both by the places of scripture appoynted by the statute to be reade for euery office And also by appoynting the prouision for the poore vnto the Deacons And furthermore it is his office sayth the bishop by the same statute where prouision is so made to search for the sicke poore and impotent people of the parrishe and to intimate their estates names and places where they dwell to the Curate that by his exhortation they be relieued by the parrishe or other conuenient almose And therefore I conclude againe that the Bishop can no more appoynt the office of prouision for the poore vnto a Minister then he can change or alter an Act of Paliament And therfore that he can no more commaunde a minister to reade Homilies then hee can commaunde him to make prouision for the poore For as touching these wordes towarde the latter ende of this action Take authoritie to preache where thou shalt be appoynted Whereby they take holde no otherwise to suffer them to preach then as they shal be licensed afterward by wryting hath neither head nor tayle They make by their fauourable patience a construction thereof without all ryme or reason They expounde Where which is a worde signifying place and referred to a place for When which is a worde importing time But had this worde When beene placed insteed of Where they might perhaps haue had some cloak for the raine for so the worde When and the word Shalt might both haue
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
he that ineucteth him after this sort shall haue of him that is inducted necessary expences and such as are agreeable to his estate and calling vnder the moderation limited vnto the Archdeacon him selfe or his officiall if either of them had personally made any such induction Prouin lind de censib c. item licet ILLVM ARCHIDIACONORVM c. We detesting that abuse of the Archdeacons and their Officials and other Ordinaries whereby they exact of the Priestes appointed to celebrate in their iurisdictions before they doe celebrate a certayne and excessiue sume of money vnlawfully conuerting the liberalitie wherewith such Priestes were wont to content them selues receauing but one peny of Clearkes registring their names in their recordes vnto a confiscal exaction of sixe pence or there aboutes We ordayne that from hencefoorth of the sayde Archdeacons and other Ordinaries or any of their ministers vnder payne of suspencion from the celebration of diuine things by any meanes presume not to receiue of the sayde Priestes aboue one peny For the which there names must be registred in their first admissions Lind. de censib c. saeua A cruell and miserable greedinesse hath inuented that vnmeasurable exactions for letters of institutions of Clearkes admtited vnto ecclesiasticall benefices for letters of orders for labour of writinges and for seales are oftentimes made the Canon disalowing the same saying as it becommeth not a bishop to sell the imposition of handes so it is not decent for his minister to sell his quill Moreouer the Clearkes of Archdeacons and their Officials and other ordinances refuse to deliuer the certificates of inquisitions made vppon vacant benefices vnlesse they first haue an excessiue some of money for writing We therefore willing to abolish this abase haue determined by the aduise of this present counsel to ordayne that for the writing of the letters of inquisitions institutions or collations and commissions to induct or for the certificates of the same into their benefices the sayd Clearkes receiue not either by them selues or by others aboue 12. pence And for the letters of euery holy order the sayde Clearkes neither by them selues nor by any other shall receiue aboue sixe pence In other things let the Ordinaries themselues be bound to allot stipendes for their ministers and officers wherby they may iustly be satisfied But for sealing of such letters or to the Marshals for entring into the house or to the Portors or doore keepers or Barbers we will that nothing at all be exacted or payde by any coulorable intent least the payment for seales os letters or enteraunces aforesayd be turned vnto a damnable gaine Bishops and bishops men not a few are suspended by this Canon And this we ordayne vpon paine of double to be restored within one moueth Otherwise the Clearkes that refuse to restore double let them know them selues to stande suspended from their office and from their benefice And now generally to conclude It were not amisse in my simple vnderstanding that the whole Church made humble supplication vnto her excellent Maiesty and her honourable Counsaylers that the Iudges of the Land might bee consulted vppon the validity of the former act of Parliament and that it might bee knowne whether the foresayde Cannons established thereby or any of them be in force and if so that then her Maiesty woulde vouchsafe gratiously to take the Church affayres into hir owne handes and by hir commisson Ecclesiasticall appoynt such honourable and faythfull men as are not in the ministerie to examine the bishops proceedinges Viz. Whether they haue made any criminous and vnlearned ministers Whether they haue suffred any such men to remaine in the ministery all the tyme of her maiesties raigne Whether the Archbish haue dispenced in any matter or cause contrary to the word of God Whether the pastor of euery congregation be suffered to execute the discipline of Christ authorized by Act of Parliament Whether the Archbish bish haue sat in matters of blood Whether they haue made a minister without a title allowing him whereon he might liue Whether he haue made anye in his owne Diocesse without licence from his felow bishops Whether he haue receiued any money for letters of orders institutions or suffered his Archdeacons to do the like for inductions Whether he haue receiued money for excommunication and absolution Whether he haue set out his bishopprick or any part of his iurisdiction for an annuall rent Whether he haue not suffered his chiefe houses of resiaunce to fall into dilapidations Whether he haue not admitted vnto anye benefice the sonne of him whose father was placed in the same benefice before Whether hee suffer none to bee non resident but where the euident necessitie and vtilitie of the Church requyreth Whether he haue promulged and executed any Canon or iniunction without hir maiesties writ and royall assent Whether he haue personally visited the Churches of his Diocesse onely vpon iust cause and not for gaine whether a minister haue not by commoÌ„ right Act of Parliament a lawfull calling in the ministery and such a calling as from the which the bishop maye not remooue him without some speciall cause Whether an Archbishop or bishop by vertue of his Archiepiscopall or Episcopall authoritie may promulge or execute any Canon or Iniunction vnlesse it be made in conuocation summoned by hir maiesties wryt and authorized by hir royall assent Whether a murtherer or theife be vsually compellable vpon his oth to detect his murther or fellony Whether an Archbishop or bish may lawfully bring vppon hir highnesse leage people an inquisition sifting them with othes what fayth deuotion or maners they professe Especially the sayde people liuing in outward obedience of hir highnesse positiue lawes And if not then whether an Archbishop or bishop may lawfully vrge the like touching matters onely of discipline and ceremonies and commaunde hir sayde people by vertue of their othes to declare what when where or how they haue spoken or preached out of the word of God the truth of God touching the same Whether a preacher onely vpon occasion of his text teaching the people that weomen by the lawe of God may not baptize or that by the same lawe a Deacons office is not to preach may bee iustly condemned to haue preached maliciously against the booke of common prayer the sayd preacher not once mencioning in all his sermon one word of the sayd booke Whether a preacher of the Gospell borne within hir maiesties Dominions haue not freedome of an English Citizen to challenge the benefit of hir highnesse lawes for the defence of his person fame goodes landes and liuinges Whether a preacher of the Gospel fearing some vniust vexation of his Diocesan may not complaine into hir highnes court of Chauncery and haue hir maiesties writ Quia timet against the sayde Diocesan Whether a preacher of the Gospell may not lawfully haue his bill of complaint admitted by the honorable Counsellours Peares and Lordes of the Starre chamber against his Diocesans iniurious intreaties and contemptes of hir highnesse lawes Whether some kinde of writ out of hir highnesse other temporall Courtes may not lye as well against a Diocesan for proceeding against a preacher of the gospell contrary to common or statute lawe or contrary to hir highnesse prerogatiue royall as some kinde of writ doth lye against an Archbishop for proceeding against some other of hir highnesse liege people contrary to the intent of the statutes prouided against vsury periurie payment of tithes and such like Whether an Archbishop may sing a note aboue Aela and lawfully exercise an absolute power within hir maiesties Dominions Whether a minister admitted by the order of the booke of king Edwarde the sixth be not presently a lawfull minister and may preach in his owne cure with out any licence in writing from the Bishop Whether licences graunted by hir maiestie or hir maiesties ecclesiasticall Commissioners or any of the Vniuersities be at any time reuocable by an Archbishop alone Whether any licence for mariage without banes asking be lawfull or no and whether banes asking be of necessitie required by the booke of Common prayer Whether any commutation of penance be lawfull Whether a meere lay man no doctor of the ciuil law may be a chauncelor and so excommunicate Whether a meere laye man no Doctor of the Ciuill law may be a bishops register contrary to an Act of Parliament Whether it be lawfull for a symoniacall excommunâ—…cat and irreguler person to bee a ludge or no And 〈◊〉 an Archbishoppe be such a person whether he may resort to the Pope to be absolued or no or where or how he may be absolued Faultes escaped PAg. 12. li 29. for leaue these read leaue the seate pag. 12. li. 33. for he shall be in read be in pag 13. l. 24. for by the popes act of parliament read made by the pope coâ—…med by act of parliament pag. 14. l. 12. for he is deposed read he deposeth pag. 14 l 35. put a before certain pag. 14. l 13 for functions read fâ—…ns pag 18 l. 28. for correcteth or improoueth rea to correct and improoue pag 20. l. 35. read and that it did not concern the honor of the Sonne of the most pag. 22 l. 7 for 4 read 1â— articles pag 23. for corruptions read occupations pag. 33. l. 3 for the minister chargeth read the minister at the Bâ— instance chargeth pa. 56 l. 11. for that they read that the â—… pa 75 for collation read collusion pa. 71. l. 35. for curall rea â—urall p 79 l 15 for dicit rea dicere p. 79. l. 27. for oâ— yet a consent rea nor yet consent pa 82 l. 18. for partâ— rea pacta pa. 161. l. 9 for reputari idoneas rea reputare idoneâ—… pa 101. l 27. for this plurality man rea a plurality man pag. 103. l. 8. for harly rea Carlile pag. 103. l. 35. for canon rea common pag 151. for petion rea petition p 157. l. 5. for passion rea possession pag. 173. l. 27. for runneth thee rea runneth against thee pag 175. l. 25. for of sufficient rea of no sufficient pa 222. for seruants rea tenaunts pag. 141. l 25. for Abbot rea Abbiâ— pa. 169. for of excommunication rea of sole excommunication p. 122. l. 10. for Moses rea Ioâ—hua and pag. 122. l. 12. for Ioshua read Ioshuas 〈◊〉
cōmon weale also lesse sinful to the lord then the other Lesse hurtful because the pore needy of the one haue oft a good sliuer of bread a good dish of drink at the patrōs doore yea sometimes a good meales meat at his table and a good fier in his hall But touching the Hospitallitie and housekeeping of a non resident his Kitchion Chimneis are euer like the Nose of a Dog euer colde neuer warme his Baylye playeth Sweepe Stake hee purseth his Wheate in a Six peny Bagge and carryeth his Barley in a little Budget sometimes Forty Miles sometimes an Hundred sometimes three hundreth from his Parsonage yea out of Ireland into Cambridge out of VVales into Oxenford from beyonde Lincolne to Salisbury from besides Leycester to Comberland from Malburne to Harley Lesse sinfull to the Lorde because the Patrone enioyeth his right by couenauntes and good will of him that by Lawe is reputed the lawfull person and whome he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonsident against his promise to his patrone against his oth to his Ordinary without consent of the people against the law of man against the Ordinance of the Lord robbeth spoileth the people of the tenth of their labours liueth idely by the sweate of other mens brows But to let passe the aunswere made before to the Pluralitie man and to speak no more of the Byshops owne wilfull negligence in making vnlawfull ministers that therfore hee hath no cause to complaine against patrones for preferring vnlawful men to benefices whō he hath vnlawfully preferred to so hie offices therefore not to be pitied in case by law he were punished because he should haue looked before hee had leaped I say to let this passe yet the obiection made before in their defence is an obiection in truth not to be obiected The trial of the ability of the person presēted whether it consist in learning or in life is and euer hath bene onely in the authority of the Church and neuer in the power of the Laitye Authent de sanct epis §. clericos col nona First touching the enquirye of their ability for learning to leaue to speake of the Canon Lawe which altogether attributeth the same vnto the cleargy the ciuill law and the Canon Lawes of this realm agree herein together and attribute the enquiry thereof to the cleargy onely The Ciuill law sayth thus Authent vt clericus qui reced § illud quoque coll quint. If they which are chosen by them as men vnworthy be forbidden to be ordeyned then let the most holy B. procure such to be ordeined whom he shall thinke meetest And thus we decree moreouer that thing to belong to the honour and worship of your seate that none buylding a Church or otherwise bestowing almes vpon them that minister therein bee thus bolde as by power to bring vnto your reuerence men to be ordeyned but our minde is that by your holinesse and iudgement they be examined touching the Idoneitie of a parson presented to an Ecclesiasticall benefice by the lawes of the Realme the examination of him likewise pertayneth to the Ecclesiasticall iudge and so it hath been hitherto vsed and so let it be done hereafter Articuli cleric c. 13. And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in issue and the Ordinarie is partie that shall not be tryed by him because hee is partie but by the Metrapolitane if the Clearke bee aliue and if hee bee dead then by the Countrie where the examination was had 39. Ed. 3. fol. 1. Brooke title Triall 25. case And againe Where the Ordinarie after the patron hath presented doth inquire and finde the Clearke to be criminous and the time of the lapse by this meanes passe there he shall not make any collation by lapse but first giue notice vnto the partie if he be a layman but contrariwise if he be a spirituall man note the difference For he may know his owne Clearke Brooke Title Notice 6. case But were it so that the Laietie had power therein and that the Archbishop were excluded Yet if the bishop after he were compelled by processe from any of her highnesse temporall Courtes of iustice to admit an vnable Clearke did foorthwith call this vnable Clearke into his consistorie and obiect againste him his vnabilitie and for the same degrade him of his office What remedie had the same Clearke against his Ordinarie in this case Hee beeing once deposed from his office by his Ordinarie the common lawes shoulde haue nowe no remedie to helpe him he beeing no more to be called a Clearke and therefore not to bring any writ or commence any sute againste his Ordinarie in the name of a Clearke But we will conclude Since the statute of 25. Henrie 8. hath authorized all Canons constitutions and Synodalles prouinciall made before that statute not being contrariant or repugnaunt to the lawes customs of the Realme nor derogatorie to her Maiesties prerogatiue Royall to be nowe in force and executed and also since these Canons constitutions and Synodalles prouinciall before specified were made before the sayde Statute and be not contrariaunt nor repugnant to the Lawes and customes of the Realme nor derogatorie to her highnesse prerogatiue yea since they are agreeable to the Lawes and vsages of the Realme and vpholde her prerogatiue Royall And since by these Canons and other acts of Parliament and her highnesse iniunctions it is euident that men learned that men apt and meete to teache are to be placed ministers in the Churche and that men vtterly vnlearned and such as can onely read to say Mattens or Masse are not to be admitted That therefore a learned Ministerie is commaunded by the Lawes of England And if so then an vnlearned Ministerie forbidden by the same lawes and if so then by the same Lawes such penalties and corrections to be laide inflicted vpon the contemners of the said Lawes as by the sayd Lawes are wholesomly prouided againste such wilfull Lawe breakers ¶ Dispensations for many benefices vnlawfull Extra de cle non residen c. quia nonnulli c. 1. de consuet lib. 6. QVIA NONNVLLI c. For as much as some putting no measure to their couetousnesse endeuour to take many Ecclesiasticall dignities and many parrishe Churches against the ordinances of holy Canons and beeing scarce able to discharge one office yet notwithstanding challenge vnto themselues stipendes due vnto manie wee straightly commaunde that henceforth this abuse be not any more permitted And that whēsoeuer any Church or Ecclesiasticall ministerie ought to be committed we will such a parson to be sought that may bee resident in the same place and discharge the cure by himself And if any thing shal be done otherwise let both the receiuer lose that that he hath so receiued and let the giuer
of the worde of God and therefore it is needelesse to make any repetition thereof Onely I would haue the reader diligently to marke the wordes of the Statute forbidding all manner of Dispensations in any matter or cause repugnant to the worde of God For though the aduersary cauill that we finde not in the scriptures these Termes Viz. Licenses Tollerations Dispensations c. precisely specified in any commaundement prohibitory in the Scriptures Yet in as much as the matter or cause of Dispensations for many benefices is there generally forbidden as ambition pride couetousnes perill of soules c. It is against the peace profit of the common weale that the Archb. should dispence Therefore it followeth that by this statute Dispensations in this case are absolutely inhibited The minor proposition of the second Syllogism may be confirmed by three euident reasons First from the euent which by our owne common and daily experience we too too well knowe to be true For by the same we see a fewe wealthy and ritch Prelates in pride iolity to be maintained and a great number of needy Stipendary Curates and poore Ministers to be vtterly destitute of meete and conuenient allowaunces so that sometimes after theire dissease their distressed wiues and Children are forced eyther to bee releeued by the seuerall Parishes of their aboades to the impouerishing of the same parishes or else constrained to beg from place to place so be chastised as rogues or pilfer steal and so be punished as fellons Secondly by a comparison drawn from other Statutes of the realme prouiding that one rich and mighty man shoulde not exercise many seueral misteries trades and faculties and so rob the poorer sort from the ordinary meanes wherby they might liue well and honestly in the common wealth The third reason is taken from an adiunct or common accident to euery common weal rightly gouerned that is that the last Willes and Testamentes of all and singular testators be duely execued especiallye such as whereby the honour of God is promoted the Church and common weale manifestly regarded but vnto the performaunce of the the last Willes and Testaments of many patrons endowing many churches with large and ample possessions to the intent conuenient liuinge might be alwayes prouided for Pastors to be resiaunt and to feede their posterity with the foode of life the worde of God there can be nothing more preiudiciall or more derogatory then that these seuerall patrimonies and inheritaunces appointed by seuerall patrons for seuerall Pastors to such seuerall and good vses shoulde by the dispensation of one man be transformed and giuen to another vse contrary to the testator his intent and purpose And therefore I confirme my Minor Proposition by these three conclusions 1 Whatsoeuer is an occasion that poore and needy Ministers their wiues and children do want a competent conuenient maintainance the same is not necessary for the profite peace wealth and conseruation of the common weale 2 But that one man shoulde by dispensation enioy many benefices is an occasion that pore and needy Ministers their wiues and Children doe want a competent and conuenient maintainance 3 Therfore that one man should by dispensation enioy many benefices is not necessary for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion that one man shoulde enioy the offices liuings of many men the same is not necessary for the peace profite wealth and conseruation of the common weale 2 But that one man should by dispensation enioy many benefices is an occasion that one man should enioy the offices and liuings of many men 3 Therefore that one man should enioy by dispensation many benefices is not necessarye for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and derogatory to the last willes and testaments of Testators disposing their patrimony to lawfull holy vses the same is not necessary for the peace profite wealth and conseruation of the Realme 2 But that one man by dispensation shoulde enioy many benefices is preiudiciall and derogatory to such last Willes and Testaments 3 Therefore that one man by dispensation shoulde enioy many benefices is not necessarye for the peace profite wealth and conseruation of the Realme It is inconuenient for the honor safety of her highnesse person for the Archb. to dispence COncerning the validitye of the Minor proposition of my third syllogisme drawne from the conueniencie of her highnesse honor namely that it is not conuenient for the honour and suerty of her Highnes person to leaue any manner of authority for the Archb. to dispence none may wel doubt therof but only such as respect more the pomp and glory of an Archb. then the dignity preeminence of a Christian King For in good soth this statute made principally to abolish al vsurped power challēged by a forrē Romish pope ouer the king his subiects yet to authorise a domestical English Archb. in his roome containeth in it such a contrariety such an absurdity as it is wonder how either any Archb. durst challenge the executiō thereof or else how hir highnesse most noble Father brother her highnes own person could endure the same so long vncanselled vnrepealed especiallye the same being most preiudiciall to their regall crownes and dignities For first by the vertue of this Statute it is enioyned the Archb. and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for anye cause or matter repugnaunt to the lawe of Almighty God Secondly it is permitted vnto the sayde Archbysh and his successours by their discretions to graunt vnto the K. Maiestie and to his heires and successours Kings of this Realme all manner such licenses c. as heretofore haue beene accustomed to bee had and obtayned by his Highnesse or any his Noble Progenitors or any his subiectes at the sea of Rome Which two clauses without dishonour to the Maiesty of God or preiudice to her highnesse prerogatiue cannot possible establish a sound and perfect Lawe For first in as much as the popes person was neuer duly qualified to be a Lawfull dispensor or any lawfull Magistrate in the Church of God it is manifest that euery dispensation granted at that time at the sea of Rome was directly against the Lawe of God as graunted by one that was no member of the Church of God Again In as much as the trueth of the Gospell warranteth vs that symony Vsury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and times not eating of flesh in Lent and such like are against the Lawe of God it is euident that dispensations graunted at that time for these and such like things at the Sea of Rome were granted in causes and matters repugnant to the law of God and so by the former braunch of this statute being
the lawes are not onely vnprofitable but also are to be accounted for thinges vndon And thus much concerning the causes circumstaÌ„ces of dispensations for many benefices It followeth theÌ„ in the description of a dispensation as you haue seen that the same ought to be granted cum causae cognitione with knowledge of the cause the reason is this Glos Extrauagan de prebend dig c. execrabilis ver vltima Duo sunt in dispensatione necessaria authoritas dispensantis factum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessary in a dispensation authoritie of the dispenser and the fact whereby he shall dispence For in euery Act two thinges are to be considered the fact and the maner of the fact And therefore a magistrate hauing authority to dispence ought not vpon the bare assertion and simple allegation of any person disirous to be priuiledged and to haue the Magistrate to mitigate the rigour and extremitie of common right graunt any such mitigation vnlesse the partie first alleadge and by some lawfull proofe make manifest vnto him that both touching the abilitie of his person and the necessitie of his cause there ought in equitie an exemption and immunitie be graunted vnto him For Priuilegia sayth the Lawe ff de minori l. de etate d. ex de priuil c. sane 7. q. 1. potuisti bast l. 1. de col l. ver are preiudicialia magnum pariunt preiudicium ideo sunt cum plena causae cognitione tractaâ—…de priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priuiledges are preiudicall breede great preiudice and are for this cause to be handled with a plenarie decision of the cause And a priuiledge is not to be giuen vnles the certain reason therof be foreseen and not sodenly but with great deliberation aduise In which deliberation aduisemeÌ„t taken by the iudg first the allegation or petitioÌ„ of the party agent or suppliant secondly the prone manifestation of the same his perioÌ„ is to be coÌ„sidred For no dispensatioÌ„ ought to be graunted at the proper motion and pleasure of the iudge alone but euery Dispensation ought to be granted at the instance and petition of the party alone § Hoc autem iudiciuÌ„ ff De dam. infect ff De regni sur l. inuito extra de Symo. Licet heli Cod. de fidei com liâ—…ent l. si Quiae laxari iâ—… non debet nec solui nisi parte postulante inuitâ— non debet beneficium conferri Et sententia debet esse conformis petitioni Et index semper debet indicare secundum allegata probata Because the Lawe ought not to be released or remitted but at the petition of the partye and a sentence ought to bee conformable to the demaunde and a iudge ought euermore to giue sentence according to thinges alleaged and thinges prooued And therefore sithence no other cause by Lawe may be alleaged in the Court of faculties for the graunting of any dispensation for many benefices then the very apparant vtility and vrgent necessity of the Church I conclude that the iudge his duety office is in any wise not to admit any other maÌ„ner of allegation but to pronounce the same altogether friuolous and to be of no valew in Lawe The Doctorship the Chapplainship the worship of any ecclesiasticall person are not sufficient causes in this behalfe alone vnlesse also together with the same meete and concurre the profite and necessity of the Church And if the said allegation as vaine and friuolous be to be reiected then no Dispensation thervpon ought to be graunted for otherwise the Iudge should of necessity eyther allow other causes then the Lawe doth allowe or else pronounce iudgemente otherwise then according to the demaund both which were too too greate absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is hurtfull and preiudiciall the same ought aduisedly and vppon consultation to bee graunted 2 But Dispensations are hurtfull and preiudiciall 3 Therefore dispensations ought aduisedly and vppon consultation to be graunted Extra de priuilig c. sane And if euery dispensation ought to be graunted by sentence vpon some consultation had that then euerye sentence vpon some consultation had ought to be giuen according to thinges alleadged and thinges demaunded Extra de simo c. licet heli IN which allegation and demaund to the ende the sentence may be conformable to the demaunde and so effectuall in law must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth Glos in extrauag execrabilis de prebend ver ex dispensatione For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur quo expresso vel lacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that beeing concealed or expressed the prince may be likelihood be induced to deny the said dispensation If then euery sentence must be conformable to the allegation and euerye iudgement agreeable to the demaund and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to bee concealed neither in the same any salse or erronious cause ought to be expressed it followeth of necessitie that euerye allegation made for a dispensation ought to be of the same nature and of the same condition and that euery allegation not of the same nature and condition is an vnlawfull allegation and an vnequall petition Moreouer euery one that hath authoritie to dispence ought to keepe this rule Glos in extrauag coÌ„i col 3. ver Vt statuat vel disponsit contra ius aut contrascriptum si aequitas quae mouet ipsum mouisset legislatorem si casus nunc emergens esset sibi expositus That they ordayne or dispence against law or against writ if such equitie as mooueth him might haue mooued the Law-maker himselfe to haue graunted a dispensation had the case now growing bene proposed at the time of the law making to the law maker It followeth then againe that equitie beeing the cause of the sentence for a dispensation the same equitie must also bee the cause of the allegation for a Dispensation For if the iudge must giue a dispensation where equity requireth the party must then demaund a Dispensation where equity requireth For equity is always the foundation and grouÌ„dwork of a dispensatioÌ„ And what equity eueÌ„ such equity as might iustly haue mooued the Lawemaker to haue graunted a dispensation Nowe then because the Lawmaker authorising the Archbysh of Cant. to giue Dispensations hath beene the high Court of Parliament It followeth that the Archbysh may dispence onely in such cases as wherein the high
gouerment and not vppon the worde of God and that the lawe before was contrary yea and is contrarye still where noe suche custome hath beene so prescribed I conclude that in the beginning it was not so and therefore contrary to the commaundement of God and therfore vnreasonable and therefore no custome but a corruption Euerye custome must be lawfully prescribed The second property of euery good and laudable custome in the Church is that the same be rightly and lawfully prescribed otherwise it shall loose the nature of a custome and be of no force to binde And to such a custome these two thinges are necessarily requyred Glos extra de consuetud c. cum quanto First the same must be begun Sciente illo qui ius potest condere With the knowledge and consent of him that hath power to make a law Secondly it must not be Contra neruum ecclesiasticae disciplinae libertatem ecclesiae Against the ioyntes and sinewes of ecclesiasticall discipline and liberty of the Church Touching the former we are first to consider the state and condition of Pope Boniface whether he as a lawfull king gouernour or ruler had power and authoritie to inact and publishe a law in the Church of Christ or no For had he no authoritie to make a law in the Church of Christe then by the foresayd maxime it followeth that he had no authoritie to confirme or establish a custome Now it is manifest that the Popes kingdome is an vsurped kingdome that his power is not lawfully deriued vnto him by the word of the Lord that it is a kingdome more opposite and altogeather contrary to the kingdome of Christ that it proclaymeth doctrines against the doctrines of our Lord Christ that it vrgeth traditions against his commaundements that it inuenteth new sacrifices and disanulleth his onely and all sufficient sacrifice that it is externall and consisteth in outward pompes rites and ceremonies whereas the kingdome of our Lord Christ is spirituall and consisteth in the renuing the inner man If then there be such diuision and dissention betweene these two kingdoms because of the diuers gouernments of these two kinges I terme the Pope a king onely in respect of his vsurped kingdome the one gouerning his subiects by the sword of the spirite the worde of God the other gouerning his adherents by the inuentions of men and traditions of his owne braine it standeth vs the faithfull seruaunts and subiects of the Lord Christ in hand that as we are exempted by his grace and power from the bondage of our enemy so to exempt our selues also frō acknowledging any power to bee in his aduersary to make a lawe or to establish a custome for vs to be ruled gouerned by And as the papist to manifest his obedience to the Pope will affirme this custome to bee avayleable in the gouernement of the popishe churche and to bee good as brought in by the knowledge of their King the Pope so it standeth vpon our allegiaunce and fidelitie to our King Iesus Christ not to confesse this custome to bee commendable but as it is so to account the same altogether corrupt as beeing not brought into the Church with the knowledge of the same our King who hath only power to make a law in his Church but rather foysted in by the power of an vsurper contrarye to our saide King his expresse will and commaundement In deede if our Byshops and other Church gouernours were popish bysh acknowledged the Pope for their general superintendēt and that he had power to make a law they might then seeme to haue some reason by alleadging this custome for their defence neither could I then deny the vse and authority thereof vnto them But the case standeth otherwise with them Our Byshops pretend thēselues to bee enimyes vnto the Popes vsurped power they would bee no maineteyners of his authority they confesse not him to haue power to make a law they account and repute him to be meere Antichrist Yea our Byshops are ministers of the Gospell they are dispensers of the worde of God they bee Legates from the Lord Christ to declare his good pleasure to his people And therefore the state of our question is otherwise and standeth thus namely whether a custome begun and continued in the synagogue of Antichrist with the knowledge of him that in that synagogue had power to make a Lawe bee a good and a laudable custome for the Church of Christ being begun continued without the knowledge of the Lorde Christe And whether the ministers of the Gospell may safely challenge the vse or benefite of any such custome in the ministery of the Gospell or no Whereunto I aunswere and that by Lawe negatiuely For making the Kingdome of our Lorde Iesus Christe and the ministery of his Gospell to bee as it is indeede a Kingdome of power and grace and to bee a Kingdome opposite and contrary to the kingdome of Antichrist I say that there can be no custome brought into his Churche nor practised by the ministers of his Gospell vnlesse the same bee broughte in by the knoweledge and consent of their Lorde and King Iesus Christe who onely hath power to make a lawe for them to be gouerned by And that therefore vnlesse it may be iustified that this custome namely that one shoulde excommunicate alone was brought in with the knowledge and consent of our Lorde Iesus Christe I say that by Lawe this custome is a voide custome And therefore I conclude thus 1 Euery custome begunne and continued in the Church of Christe without the knowledge and consent of Christe who onely in his Churche hath power to make a Law is no custome lawfully prescribed 2 But this custome namely that one should excommunicate alone is begun and continued without the knowledge and consente of Iesus Christe 3 Therefore this custome is not lawfullye prescribed And agayne That this custome namely that one shoulde excommunicate alone is agaynste the force of ecclesiasticall Discipline and the liberty of the church and therefore not auaylable I prooue as followeth 1 Whatsoeuer is agaynste the policye of the Churche of Christe instituted by God for the wholesome administration and gouernment thereof the same is agaynst the force and power of ecclesiasticall Discipline 2 But this custome namely that one shoulde excommunicate alone is agaynste the policy of the Churche of Christe instituted by God c. 3 Therefore this custome is against the force of ecclesiasticall discipline THe firste Proposition is playne and euidente from the definition or discription of ecclesiasticall Discipline defined to bee Christianae Ecclesiae politia à deo illius vectè administrandae gubernandaeque causa instituta The pollicy of the Church of Christ instituted by God for the good administration and gouernment of the same So that whatsoeuer may bee sayde to bee contrary or repugnaunt vnto this forme and manner of Christian pollicy the same consequently may bee affirmed to bee contrarye and
minister such men are altogether vncapable of such offices For CONSVETVDO c. A Custome cannot giue authoritie vnto priuate persons to excommunicate neither to degrade or depose neither yet to arest Cleargie men or bodily to chastice them De offic Archid. c. cum satis Extra de elec c. transmissa De cleric co◅ c. cle 10. lib. 6. Touching the statute made in 37 yeare of Henry the eight that al singular persons as well laye men as those that were then or shoulde afterward be marryed beeing Doctors of the Ciuile law lawfully create and made in any vniuersitie maye lawfully execute and exercise all maner of iurisdiction and all Censures and coertions appertaining or in any wise belonging to the same First I aunswere that the same is but a law of man and therfore by man may be abrogated Secondly that as it was made in a corrupt time so in truth the statute in that poynt is corrupt and ought therefore in the same point to be repealed For though the same statute in some respect establishe and confirme vnto the king and his successors and so vnto our most gratious soueraigne Ladie the Queenes maiestie that now is lawfull preeminence power superioritie and Lordship ouer all persons within hir Dominions of what state or condition soeuer touching punishment for any heresies errours vices schismes abuses idolatries hipocrisies and superstitions springing or growing by meanes of any hir disobedient and disloyall subiectes so hath hir maiestie by hir iniunctions published that hir highnesse did neuer pretend any title or challenge any authoritie to punnishe any of hir subiectes for any of the sayde offences by censure Ecclesiasticall in right belonging to hir royall person but that hir highnesse meaning and intent is and alwayes hath beene to commit the execution thereof alwayes to the Ecclesiasticall state of hir time Hir Iniunction is as followeth The Queenes maiestie beeing infourmed that in certaine places of the Realme sundry of hir natiue subiectes beeing called to Ecclesiasticall ministerie in the Church be by synister perswasion and peruerse construction induced to finde some scruple in the forme of an oth which by an act of the last Parliament is prescribed to be required of diuers persons for the recognitiō of their allegiance to hir maiesty which certainly neuer was euer mēt ne by any equity of words or good sence can be thereof gathered Woulde that all hir louing subiectes should vnderstand that nothing was is or shal be ment or intended by the same oth to haue any other duty allegiāce or bond required by the same oth then was acknowledged to be due to the most Noble kinges of famous memorye King Henry the eight hir maiesties father or king Edward the sixth hir maiesties brother And further her maiestie forbiddeth all maner hir subiectes to giue eare or credit to such peruerse and malicious persons which most sinisterly and maliciously labour to notifie to hir louing subiectes how by the wordes of the sayd oth it may be collected that the kinges or Queenes of this Realme possessours of the crowne may challenge authoritie and power of ministerie of diuine offices in the Church wherein hir sayde subiectes be much abused by suche euill disposed persons For certainly hir maiesty neuer doth ne euer will challenge any other authoritie then that was chalenged and lately vsed by the sayd noble kinges of famous memory king Henry the 8. and king Edward the sixth which is and was of auncient time due to the imperiall Crowne of this realme that is vnder God to haue the soueraigntie and rule ouer all manner persons borne within these her realms Dominions and Countreis of what estate either ecclesiasticall or tēporall soeuer they be so as no other soueraigne power shall or ought to haue any superioritie ouer them And if any person that hath conceiued any other sence of the form of the said oth shall accept the same oth with this interpretation sence or meaning hir maiestie is well pleased to accept euerye such in that behalfe as hir good and obedient subiectes and shall acquite them of all maner penalties contayned in the sayde act against such as shall peremptorily or obstinately refuse to take the same oth By which Iniunction we may euidently perceiue that as the Lord hath restored vnto hir maiesty the scepter of iustice and iudgement ouer all persons within hir Dominions and reunited the gouernment ouer the ecclesiasticall state to hir highnes crowne and dignity so hir maiesty remembring the Lords goodnes towardes hir mindeth nothing lesse thē hereby to cōfound the two principal offices in his church viz. magistracie ministery but leaueth them still distinguished as by his word he hath prescribed challenging vnto hir selfe as chiefe magistrate nothing els but power to commaund both that the true ministery be duly executed by men lawfully called thervnto and also that hir lawful magistracie may be aduaunced in all thinges according to his word Wherin we see hir maiesty both in respect of hir sex and in respect of hir ciuile office vtterly to haue refused to take this part of the ministery vpon hir as wel as she doth abstaine from ministring the Sacramentes or dispensing the word by publike preaching She contenteth hir selfe with the authority limited vnto hir by the word of God ouer the bodies goodes liues possessions of hir subiects she challengeth no power ouer their soules as by excōmunication to deliuer them to sathan If any person whatsoeuer shall offend against any law statute or custome of this Realme whereby he may incur any bodily punishment she thinketh it sufficient for hir by hir processe to summon him before hir tribunall seate and vpon his triall to haue in hir name iudgement pronounced against him for the breach of hir highnes lawes whether the same consist in losse of life goods landes promotions or whatsoeuer And as touching ecclesiastical coertion if any of hir people deserue to be punished by the ecclesiastical ministery hir highnes demandeth no other soueraignty then to cōmaunde the ministery to exercise the discipline of the Church againste the offenders as by the lawes of God they are cōmanded and in case they of the ministerie shal be herein remisse negligent then to punish them with such paines as either by hir lawes is prouided or by hir wisdom shal be thought expedient in that behalf for the contempt of hir gratious cōmandemēt neglect of the Lords seruice In which diuersitie of punishments the diuersitie of the offices of magistracie and ministery doth manifestly appeare Magistracie hauing euermore regarde to the bodye and outwarde man but ministery alwayes to the soule and inner man The magistrate punisheth with bodily chastisemēt the minister with spiritual discipline neither doth th one hereby derogate frō the other or any whit weaken the other but rather ech one strengthneth fortifieth the other For the mind brought in frame by discipline frameth the whole body to a more holy obedience so that
gatherer of charges belonging to the treasury or to take to him either publike or other mens possessions or to be a steward of an house or proctor in any cause of controuersy or yet to become a suerty in any such causes that by this occasion both no hurt be wrought against the churches and that the ministeries be not hindred By wâ—ich Law the Emperour we see vsing the authority of an Emperour and exercising his imperial power ouer the Cleargy within his dominions and regarding the peace and quietnesse of the Church and to keepe the Cleargy as well as the residue of his people in due obedience of his Lawes and within the compasse of their calling hath established these his owne lawes for them his owne subiectes to be ruled and gouerned by Neither staieth hee him selfe in the prohibition of these offices alone but proceedeth further further with the like De epis cler Auth. presbiteros EPISCOPOS autem velmonachos tutelam alicuius personae subire non permittimus And as touching Bishops or Monckes we suffer them not to take on them the ouersight of any Orphane And again the Emperour Iustine writing to Archelaus the chief of the pretory commanded thus Cod. de epist cler l. repentita REPETITA PROMVLGATIONE non solum iudices quorum libet c. Wee repeating our Proclamations think it good not only that the iudges of euery tribunall or iudgement seat but that the gouernors of the churches of this excellent City amongst whome this most filthy kind of proouing dead mens willes haue crept in before warned that they meddle not with a thing which by the disposition of our Laws appertain not in any wise to any other then onely to the Mayster of oure reuenewes For it is absurd yea rather an ignominy for Cleargy men to shew themselues cunning of common Pleadings And the trangressors of this ordinance we deeme shall be punished with the losse of fifty poundes of Gould The reason of which constitution may bee drawne from another Law of the Emperour wherein is prohibited the selfe same thing QVI SVB. c. Wee thinke that the deceite of these men ought to be met with who vnder a pretense of being Deans or collegiat men when they perfourme no such duety endeuour by reason of other chardges to withdraw themselues that none vnder colour of some one office which hee dothe not execute might be eased of the weight and burden of an office which by duety he should execute And againe the same Emperour saith Cod. de testa l. coÌ„sulta diualia Cod. de dona l. in hac l. secunduÌ„ diui ff de decurio l. seuerus ff de iure immunit l. semper §. sina ABSVRDVM EST. c. It is against all rime or reason that offices shoulde be mingled together without order or consideration and that one man shoulde catch a thing committed to the credite of another man And therefore in another Lawe we finde it written thus Non est dubitandum quin nauicularii non debent decuriones creari quia vtrumque officium gerere non possunt It is out of all doubt that Shipmasters cannot bee made Senators or captaines because they cannot exercise both offices Agayne the Emperour still respecting the equity and reason of his former sentences and iudgementes saith thus PLACET nostrae clementiae vt nihil commune clerici cum publicis actionibus vel ad curiam pertinentibus cuius corpori non sunt annexi habeant It is our gratious pleasure that cleargy men haue no communion with publike functions or belonging to the court vnto whose body they are not incorporated And by this law saith the Glosse cleargy men can not be iudges aduocates or proctors in secular causes And will you know then sayth the same glose by what meanes Cleargie men haue gotten into their handes approbations of wils and Testamentes Glos ibidem ver coÌ„petit Quia modicum lucrum pro hiis dabatur clerici cupidi hoc sibi vsurpabant Because a little gaine was giuen for them couetous cleargie men haue vsurped them l. hiis quidem Cod. qui milit non pos lib. 12. l. 1. ff de colleg illicit Pride ambition couetousnesse and usurpation the beginning of ciuill iurisdiction in Cleargy men By the order and discipline of war it is vnlawfull for one souldier to take the paye wages allowed for two souldiers In societies of Cities and Townes corporate and other houses of companies and fellowships it is not lawfull for one to be gouernour ouer two companies of diuers craftes and misteries And againe Cod. de prox sacro scrut lib. 12. l. hac parte in fi Cod. de assesso l. fi NVLLO MODO c. Let them not in any wise take vnto them double offices or be written or enrolled in two regesters heaping by that meanes vpon one man manie commodities and leauing nothing for the residue Because Qui ad vtrumque festinat neutrum bene peragâ—t He that hasteneth vnto two things at once can performe neither of them rightly according to these prouerbiall verses Qui binos lepores vna sectabitur hora Vno quandoque quandoque carebit vtroque He that in one instant a brace of hares will trayle Shall loose the one sometimes sometimes them both shall fayle The reason why Bishops and Archdeacons exempt and disburthen them selues from generall hearing and determining causes of instance and iudgement of law committing the same vnto their Commissaries and officials Doctors of the ciuill law I suppose to be either for that them selues beeing ignoraunt of the law are desirous to haue iustice ministred by men skilfull of the law or els that they hauing dispatched them selues of all outwarde care touching the outwarde man might be wholly dedicated to the trymming and decking of the inner man not onely touching them selues but others also committed to their charge And if they for these respectes and to auoyde ignominy and reproch shun the executioÌ„ of law properly as they say and altogeather belonging vnto them what reason can they pretende to take vppon them the execution of the lawes of this Realm no whit pertinent to their callinges and whereof by all reason they are lyke to be more vnskilfull then of their owne Canons and constitutions By which Canons they are not onely forbidden as before to exercise any Ciuill iurisdiction for other men but also though the same concerne their owne seruauntes Extr. ne cler vel monac c. fi lib. 6. QVOD SI EPISCOPVS c. If any Bishop haue any temporall iurisdiction he ought to commit the same to some laye man that he maye take punishment of all malefactours Now if a bishop may not exercise his owne temporall iurisdiction descending vnto him by lawfull inheritance or otherwise belonging vnto him ouer his owne Tenants within his owne franchisementes and liberties in his owne person but ought to depute the same to an other how much lesse