you thinke in your heart that you be truely called according to the will of our Lord Iesus Christ and the order of this Church of England Answere I thinke it Bishop Be you perswaded that the holy scriptures containe sufficiently all doctrine required of necessitie for eternall saluation through faith in Iesu Christ And are you determined with the said Scriptures to instruct the people committed to your charge and to teach nothing as required of necessitie to eternall saluation but that you shall be perswaded may be concluded and proued by the Scripture Answere I am so perswaded and haue so determined by Gods grace Bishop Will you giue your faithfull diligence alwaies to minister the doctrine and sacraments and the discipline of Christ as the Lord hath commanded and as this realme hath receaued the same according to the commaundement of God so that you may teach the people committed to your care and charge with all diligence to keepe and obserue the same Pag. 33 Answere I will In these two answers and demaunds last specified are principally contained two things First the Minister chargeth himselfe by a solemne vow to teach and instruct the people committed to his charge with the doctrine of holy Scriptures Secondly the Bishop by vertue of the order and forme appointed by act of Parliament bindeth him The Discipline of Christ commanded by Parlement as well to minister the Discipline of Christ within his cure as the doctrine and sacraments of Christ as the Lord hath commaunded as this realme hath receiued it according to the commaundements of God And therefore euery Minister by vertue of this statute law may as wel adinonish denounce and excommunicate offendors within his charge as a Bishop may within his Diocesse the words are copulatiues and therefore Non sufficit alterum sed oportet vâ—â—umque fieri It is not sufficient to doe one but both And these words before rehearsed Will you giue your faithfull diligence alwayes to minister the Doctrine and Sacraments and discipline of Christ as the Lord hath commaunded and as this Realme hath receiued the same according to the commaundements of God haue in them two speciall points to be considered one touching the doctrine and sacraments of Christ the other concerning the discipline of Christ out of which two braunches proceede two other questions First whether euery minister ought not to exercise the Discipline of Christ by force of this demaund and answer as well as the doctrine and sacraments Secondly whether these namely the doctrine sacraments and the discipline be to be ministred simply as the Lord hath commaunded or els whether they be to be ministred onely as this Realme hath receiued the same without the commaundement of God For these words according to the commaundements of God are but Synonima vnto those which went before Viz. as the Lord hath commaunded and so signifie but one thing Pag. 34 To the first his owne promise to the bishops interrogatorie bindeth him as well to minister the Discipline as the doctrine and Sacraments To the second if you answere that the doctrine and Sacraments and Discipline of Christ are simply to be ministred as the Lorde hath commaunded then it must needes follow if this Realme hath receiued the same according to the commaundement of God that the lawe of the Realme and the Lawe of God commaund both one thing and so by both Lawes the doctrine and Sacraments and Discipline are to be ministred as the Lorde hath commaunded But if you shall say that these things are to be ministred onely as this Realme hath receiued the same though not according to the commaundement of God then these words of the article following viz. As this Realme hath receiued the same according to the commaundement of God conuinceth you of a slaunderous tongue against the whole state and Church of God For hereby you accuse them of great impietie and vngodlinesse and attaint them of high treason to the maiestie of God as though the intent of the whole state were to haue the doctrine and Sacrament and Discipline of Christ ministred according to the commaundements of God in case the lawes of the Realme had so receiued the same and not otherwise And so to haue restrained the commaundements of God by the lawes of the Realme and so to haue concluded an impossibilitie limiting and restraining the greater by the lesse and a lawe most perfect by a lawe vnperfect and not rather the contrary to haue restrained in deede the lesse by the greater the lawes of the Realme by the commaundements of God an vnperfect law the law of man by a most perfect and absolute law the law of the most Highest Pag. 35 which is manifest by a threefold repetition of the one as the Discipline of Christ Secondly as the Lord commaunded Thirdly according to the commaundement of God where the lawes of the Realme are but once onely mentioned Againe in the ordering of Archbishops and Bishops the Archbishop demaundeth of the Bishop this question Will you maintaine and set forward as much as shall lye in you quietnes peace and loue amongst all men and such as be vnquiet disobedient and cryminous within your Diocesse correct and punish according to such authoritie as ye haue by Gods word as to you shall be committed by the ordinaunce of this Realme Doe these words and as to you shall be committed by the ordinaunce of the Realme restraine and lymit these words which went before to correct and to punish according to such authoritie as ye haue by Gods word Pag. 36 Surely they can haue no such interpretation For the meaning of these wordes is that euery Bishop should by the ordinaunce of the Realme haue his office committed vnto him and once hauing his office so committed vnto him by the ordinaunce of the Realme then to correct and punish according to such authoritie as he hath committed vnto him by Gods word and as he is appointed by the ordinaunce of the Realme to execute Neither hath the Bishop any authoritie giuen him by these words to correct or punish any otherwise then the lawes of God permit him though the lawes of the Realme were not agreeable to the law of God And in like case I conclude that a Minister bound as you haue seene before to minister the Discipline of Christ ought so to minister the same as the Lord hath commaunded though the lawes of the Realme should not haue receiued the same For no Discipline in truth can be sayd to be the Discipline of Christ vnlesse it be in deede ministred as the Lord Christ hath commaunded the same should be ministred And therefore as no Bishop may or ought to correct or punish any transgressor any otherwise then according to the lawes of God so no minister ought to exercise any discipline then such as the Lord Christ hath commaunded If it be alleadged that our Discipline vsed in the Church of England be in very deede the very same Discipline
otherwise to preach then as he shall be licensed therevnto by him the Bishop As touching the Iniunctions the aduertisments and the articles of religion wherein mention is made sometimes that Parsons Vicars and Curates sometimes that the Minister shall reade Homilies they may easily be reconciled by this statute For the Iniunctions set forth primo Elizabeth the aduertisements and articles set forth septimo Elizabeth and this statute being made 8. Elizabeth and so since doth bound and limit the meaning of the Iniunctions and aduertisements 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 principall heads For though there be Parsons Vicars Curates and Ministers generally in the Church of whome mention is made in the Iniunctions articles and aduertisements yet these and euery one of these must by this statute be either a Deacon or a Minister specially And being 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 doe not exclude him from doing those other dueties Sine quibus illud fieri non potest Pag. 41 Without the which he cannot preach as from reading the scriptures and praying with the people but I exclude him from those things onely which are not incident to his office as from reading of Homilies for he may preach and neuer read Homilies but he cannot preach profitably vnlesse he reade the Scriptures and vse prayer What wil you then by law positiue barre all Ministers that be Parsons Vicars or Curates and yet cannot preach from reading Homilies I answere that whether they can preach or cannot preach Currat lex Let the law runne and let him that hath defiled his hands by laying them vpon such a one contrary to the commaundement of the Lord and contrary to the lawes of his gouernour vnder whome he liueth and by whome he hath his preferment holde vp his guilty hands vnto the Lord for mercy in the day of the Lord and fal downe before hir Highnesse for hir gracious pardon in so abusing hir Highnesse lawes And to the ende you may see more apparantly these two offices by the law it selfe to be thus distinguished I haue set downe the Bishops words pronounced by vertue of the statute vnto the Ministers as followeth You haue heard brethren as well in your priuate examination as in the exhortation and in the holy lessons taken out of the Gospell and out of the writings of the Apostles of what dignitie and of how great importance this office is wherevnto ye be called moreouer I exhort you in the name of our Lord Iesus Christ to haue in remembrance into how high a dignitie and to how chargeable an office ye be called that is to say to be the messengers the watchmen the Pastors and the stewards of the Lorde to teach to premonish to feede and prouide for the Lordes familie to seeke for Christ his sheepe that be dispersed abroad and for his children which be in the middest of this naughty world to be saued thorough Christ for euer Pag. 42 haue alwayes therefore printed in your remembrance how great a treasurie is committed to your charge for they be the sheepe of Christ which he bought with his death and for whome he shed his bloud the Church and Congregation whome you must serue is his spouse and his body and if ye shall see the same Church or any member thereof to take any hurt or hinderance by reason of your negligence ye know the greatnesse of your fault and also of the horrible punishment which will ensue Wherefore consider with your selues the ende of your ministerie towards the children of God toward the spouse and body of Christ and see that ye 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 be committed to your charge vnto that agreement in faith and knowledge of God and to that ripenesse and perfectnesse of age in Christ 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 Parlement and pronounced by the Bishop So in the whole action of ordering Ministers both the Bishops interrogatories and the parties answeres and all tende to admonish the Minister still of his duetie in teaching and instructing the people and in preaching Where the whole action of ordering Deacons tendeth to admonish 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 appointed to serue Answere I will Pag. 43 And againe It pertaineth to the office of a Deacon to reade holy Scriptures and Homilies in the congregation And againe Take thou authoritie to execute the office of a Deacon in the Church of God and take thou authoritie to read the Gospell in the Church of God And then one of them appointed by the Bishop shall reade the Gospell of that day And no doubt the whole house of Parlement had a singular care to haue these offices distinguished by their law euen as they are distinguished by the lawe of Christ himselfe as appeareth both by the places of Scripture appoynted by the statute to be read 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 parrish and to intimate their estates names and places where they dwell to the Curate that by his exhortation they be relieued by the parrish or other conuenient almes 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 Parlement And therefore that he can no more commaund a Minister to read Homilies then he can commaund him to make prouision for the poore For as touching these words toward the latter ende of this action Take authoritie to preach where thou shalt be appointed Whereby they take hold no otherwise to suffer them to preach then as they shall be licensed afterward by writing hath neither head nor tayle They make by their fauourable pacience a construction thereof
Gospell For what though an Heretike by the iudgement of an hereticall Synagogue obtaine the roome of a sacrificer in the same Synagogue and hauing once obtained it may not be remoued from the same roome by the former rule of lawe Though this be true I say what auaileth it to confirme that a sacrificing Priest by vertue of his admission vnto the Synagogue ought to haue a place of ministration in the Church of Christ For though he were admitted in the one yet was he neuer admitted in the other And therefore it resteth firme that they ought not to haue bene admitted then when as the whole manner of the gouernment of the Synagogue should haue bene altered For as at that time their lawes were vnaduisedly translated from them vnto vs So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatikes and Heretikes by the lawes of our religion and therefore not to haue bene admitted by the lawes of their owne profession Yea if they remaine Idolaters still or keepe backe from the people of God the word of God they are to be remoued still their ietting vp and downe in their square ruffling and white philacteries or mumbling their mattens and euensong are not so forcible to keepe them in as their insufficiencie negligence contempt and idolatrous hearts are to thrust them out And yet no part of good holesome and christian gouernment and pollicie chaunged For though Iosiah moued by compassion benignly suffered the Priests of Baal repenting of their idolatry to receiue tithes and offerings with their brethren the Leuites Yet he straightly charged them not to enter into the Lords Sanctuary to do any manner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a Bishop an Abbot an Archdeacon an Elder a Physition a Iudge an Aduocate a Iaylor a Tutor a Schoolemaister an â—rator and a Philosopher by iustice and equitie of lawe for vnabilitie insufficiencie negligence or other defects ought to be deposed and remoued off and from their roomes places offices and honors how should a pretensed Minister onely intruding himselfe to an office of most high calling and excellencie and vtterly destitute of all gifts and graces sit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession and inheritance Had the worshippers of the false gods care that their idolatrous Priests should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seate in case we maintaine such to serue him in the ministerie of his holye Gospell as whose seruice the veriest Paynymes and Idolaters would Cod. de Episâ— co 〈◊〉 l. Si quis 〈◊〉 〈◊〉 12. refuse to haue in their Idoll temples And though these be sufficient proofes to euery one not addicted to his owne will preferring the same to all reason that prohibitus clericaâ—i debet reuocari ad pristinum sâ—atum per manus iniectionem and that serui vitam monasticam deserentes Cod. de Epâ—sc â— clerâ— l. 〈◊〉 ad prioris domini seruitutem restituuntur One prohibited to be a Clarke ought to be reduced to his former estate by authoritie of the Magistrate and seruants forsaking their monasticall life to be restored to the bondage of their former maister Pag. 76 And that Infamia non solùm impedit praefici sed etiam remoueri facit à dignitatibus habitis An infamie doth not only hinder a man to be preferred but also causeth him to be remoued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make Cod de correÌ„ â—â—nfamia lib. 10. de digâ—â—tatâ— l. Iudices lib. 12. the matter somewhat more plaine I haue thought good to reexamine the order and forme appointed by the former statute for the making of Deacons and Ministers that if vpon examination thereof also there doe appeare such a defect by statute law as whereby our dumbe and idoll ministers be no ministers in deede and truth but onely in shew and appearance that then therevpon order may be taken by her Maiestie for the displacing of them and for the placing of other lawfull and godly Ministers in their roomes For as the statute hath limited a certayne order and forme of making Deacons and Ministers so hath it appoynted that all that are made according to that order and forme should be in deede lawfull Deacons and Ministers The wordes of the statute are these And that all persons that haue bene or shall be made ordered or consecrated Archbishop Bishop Priests and Ministers of Gods his holy word and sacraments or Deacons after the forme and order prescribed in the sayde order and forme how Archbishops Bishops Priests Deacons and Ministers should be consecrated made and ordered be in very deede and also by authoritie hereof declared and enacred to be and shal be Archbishops Priests Ministers Deacons and rightly made ordered consecrated any statute lawe Canon or other thing to the contrarye nowwithstanding Which statute hath two braunches the one appointing the forme and manner of making Deacons and Ministers the other authorizing Deacons and Ministers made and ordered after the forme and manner prescribed in the sayd booke to be in very Pag. 77 deede rightly and lawfully Deacons and Ministers and so to be taken and reputed It followeth then that if the first braunch of the statute be broken and that the forme and order be not obserued that the second braunch can take no place for that in deede the validitie of the latter dependeth altogether vpon the obseruation of the first For it is plaine and euident by law that if you would haue a second or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first proue that the precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the booke be not obserued in making vnlearned Ministers I say then that vnlearned Ministers by law are no Ministers at all And why Neque eum ff ad â—â—g fal l. siâ—â— qui § quaedam vâ—â—um balneum aut vllum theatrum aut stadium â—ecisse intelligitur qui ei propriam formam quae ex consummatione contingit non dederit Neither can he be thought to haue made any â—ath or any theater or any race who shall not giue it that forme which perfecteth the same Againe â—â—â—or in ea â— extra de Iudi◠〈◊〉 Vbi ad substantiam aliâ—â—ius actus exigitur certa forma 〈◊〉 sâ— super alio actu debet quis probare formam praeâ—â—ssisse Where to the substance of any act a certaine forme is required founding it selfe vpon an other act there a man ought to proue the forme to haue passed before As for example In an
and reuerence of the Bishop and the good opinion I ought to conceiue of his right and sincere dealing of his holie religion and feruent zeale to the Lordes house were I absent and saw not his proceedings to be contrarie to law as I ought so I trust I should both esteeme his doings therein to be lawful and orderly and also reuerence those whom he had so made as messengers sent from the Lord. But if afterward when any of theÌ„ shall come to execute his office of ministerie when hee came to teach the people he should then manifest himselfe to be but an hipocrite but to haue fained a certaine kinde of holinesse and zeale when hee shall himselfe descrie his owne vnablenesse and display his wants were it reason that hauing now by mine owne experience certaine knowledge of his misdemeanour and vnhonest conuersation of his vnaptnesse and vnskilfulnesse and of his ignoraunce I should presume notwithstanding that he was at the first orderly called and examined and found to haue such qualities as were requisite But to answere an other obiection concerning the administration of the Sacraments by these kinde of men and execution of their offices because hitherto no controuersie hath beene mooued touching the validitie of their calling of their state and condition and because Cod. de tesâ— lib. 1. Cum incertum est aliquid perinde est ac si nec illud sit When any thing is vncertaine the same is as though it were not at all That therefore I saie as wel in this case and in this respect as also propter communem vtilitatem publicum errorem for common vtilitie and a generall errour the things done by them are rightly and duely done Cod. de sentent interlo iud l. si Arbitâ—r S1 ARBITRER DATVS à magistratibus cum sententiam Pag. 98. dixit in libertate morabatur quamuis postea in seruitutem depulsus sit sententia tamen ab eo dicta habet rei iudicatae authoritatem If anie arbiter giuen by the Magistrate were a free man when hee gaue sentence though afterward the same arbiter be brought againe into seruitude the sentence notwithstanding giuen by him hath authoritie ff ad Maced l si quis of iudgement And againe Si quis patrem familias esse credideris non vana simplicitate deceptus nec iuris ignorantia sed quia publicè patrem familias plerisque videbatur sic agebat sic contrahebat sic muneribus fungebatur cessabit senatusconsultum If anie shal thinke one to be a father of anie housholde not deceiuing him selfe through a vaine simplicitie or ignorance of law but because he seemed to many to be a father of an housholde indeede hee did as a father of an housholde did he did couenaunt he executed offices c. In this case the Senates decree shall cease And againe Hodiâ— propter vsum ff de suppel leg l. 3. imperatorum si in argento relatum sit candelabrum argenteum argentum esse videtur error ius facit Nowadaies because of the vse of Emperours if a siluer candlesticke be accounted amongest his money it seemeth to be money and this errour maketh law c. And againe Serui liberi non in hac causa tractari oportet cum eo tempore quo testamentum c. When a testament is to be prooued by witnesses it is not materiall whether the witnesses be bond or free at the time they be produced if at the time that the Testament was signed they were by consent of all reputed in the place of free men and that no man at that time mooued anie controuerfie of their estate Propter Digest de officio pratoris l. Barbarius publicam vtilitatem communem errorem praetura scruo decreta c. For publike vtilitie and generall errour a Pretorshippe giuen to a bondman maketh him Pretor businesse dispatched by him are of force and he made a free man And therefore I answere that things heeretofore done and executed by our idoll Ministers by law to be rightly and duely executed And yet notwithstanding I vrge still that they are not in truth any lawfull Ministers and that they ought and may instly be deposed from their ministerie and Pag. 99. depriued from their benefices An Arbiter reputed to be a free man if in truth he be a bondman obtaineth not by this common opinion or by giuing iudgement his freedome and libertie but continueth stil a bondman vnto him whose bondman he was before anie iudgement giuen by him or that any such fame went of his freedome the decree of the Senate ceaseth against me for contracting with one vnder rule and gouernement so long as he is generally reputed to haue power and authoritie ouer himself but if I willingly contract with him afterwards it shall appeare that indeede he was a sonne vnder the guard and tuition of his parents then the decree shall be effectuall and take place against mee Witnesses at the time of signing any Testament commonly reputed freemen after a controuersâ—e mooued of their estate may in other matters be refused as vnlawfull witnesses For though common errour make a lawe in respect of publique profite yet common errour plucketh not from anie priuate man the possession or interest of his priuate goodes And therefore though Barbarius Philippus in that the people decreed vnto him the Pretorship was by the decree made a freeman the people of Rome hauing authoritie to make a Freeman yet for that hee was indeede a seruaunt fugitiue from his Maister his Maister was by law to haue the price of the same his seruant at the peoples handes much lesse can common errour of a fewe in authoritie or a common errour of a fewe in their owne right barre the publique wealth or the Church from a publique benefite due vnto them But there is a defence commonly vsed by some to excuse the Bishoppe and to exempt them from iust reprehension for placing vnlearned men in benefices The Patrones say some are couetous Pag. 100. they wil present none but such as from whom they may either hirâ— the benefice againe for some small rent or haue some annuall reuenue out of the same And if the Bishop say they shall refuse to admit this couetous Patrous Clearke for insufficiencie or for euill conuersation he may bring an action Quare non admisit against the Bishoppe and so the matter being put in triall vnto the Country the Bishoppe by this meanes might not onely be counted litigious but also should be at great expences through the multitude of sutes in law brought against him continually by such kind of Patrons and yet the matter passing against him by the verdict of xii men in her Highnesse secular Courts no remedie at all against this great mischief A high point in a lowe house if the matter were true as it is but fained For to let passe that the Bishoppes office is oneris and not honoris more paineful
Admitting a deacon neither yet there or in him is it necessarilie required but onelie it is said that The Bishop may vpon a sundaie or holie daie admit such a man so qualified as is there prescribed a deacon The other circumstances by the author set downe which he thought he might carrie awaie in a cloud with a streame of words as of Churches being destitute of a pastor of a solemne assemblie and conuocation of the cheefest of the gouernours of the church to be gathered togither in the cheefest citie of the diocesse to present c are required without booke by our author and are belike some Falsificatiō of the booke part of another platforme which he mistooke in stéed of this church of Englands order But if he inforce those words of the statute 8. Eliz. confirming the said booke And shall from hense-foorth be vsed and obserued in all places within this realme for the necessarie obseruation of euerie circumstance arbitrarie afore then must we desire him to rub ouer his logike and his law and to remember that herein we must Reddere singula singulis that such things as were of substance in the booke and such as were of circumstance or arbitrarie solemnitie are not hereby altered but are to be taken in that nature now as they were before in the booke As concerning the qualities requisit in one to be admitted a deacon I maruell he will number Follie in the author that which resteth in experience afterward and which the partie is to promise in time to come to performe to wit To be diligent in his calling as a thing to be weied before his admission And if by the circumstance of Calling he thinke may be inferred anie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or popular election or any other deuise whatsoeuer more than an inward good motion of the partie he may be conuinced sufficientlie by those words Shall present such as come to the Bishop to be admitted The circumstance of being presented by the archdeacon although at solemne and set ordinations it be most vsuall yet is it not of such necessitie but that it may as well be omitted as the Bishop may ordeine one alone when there is no more though the words of presenting doo run in the plurall number To which effect it is also said in the preface that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertuous conuersation c may admit him c so that the circumstance of Presenting is not of any substantiall forme of the matter In reckoning the offices of the deacon our Falsificatiō author omitteth this limitation In the church where he shall be appointed also to baptize and to preach if he be admitted thereto by the Bishop and this likewise to serch for the sicke poore c Where prouision is so made as not seruing belike so fitlie his turne as he wisheth Whereby we may gather what libertie this man who findeth such fault with other for omitting such and so manie requisites as he fansieth dooth yet permit vnto himselfe to leaue out of his owne distributions 18. Section Pag. 32 33 34 35 36 37. OUt of a part of the forme of ordering priests in this section our author thinketh he hath obserued two Principall points for his purpose one that The minister chargeth himselfe to teach and instruct the people committed to his charge with the doctrine of holie scriptures and this he passeth ouer verie bréefelie The other which deserued with him a marginall direction is that The Bishop bindeth him as well to minister the discipline of Christ within his cure as the doctrine and sacraments of Christ c. and that therefore the minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse The first whereof perteining to teaching required of the minister although it prooue not a necessarie coherence of preaching with the ministerie séeing manie besides preachers as the father the maister and the housholder are to teach and instruct in godlinesse those who are of their charge yet is it more peculiarlie incident to the treatise here in handling than the other obseruation concerning discipline But shall we saie that this man is well aduised in seeking to inspire euerie minister with a power The authors contrarietie to execute all discipline in the church and that by law now in force when as in a peculiar treatise of this booke he laboureth to prooue that by law Excommunication by one alone is forbidden whereby he pulleth downe with one hand that which he built with the other and sheweth himselfe either verie forgetfull or passing inconstant And herevpon I would be resolued by the author or some other whether he thinke this endowment of euerie minister with the execution of all discipline admitting but not granting it to be so by law to be a conuenient policie for the vnitie and quiet of the church And whether he himselfe had not rather be vnder the forme now in practise in regard of his owne contentment than vnder the infinit dictatorship of his owne minister Or else whether should appellations from the judgement of the minister in this respect be allowed of and whether to the Bishop or to whome And whether the Bishop by this interpretation of law shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister and in euerie seuerall parish as aforetime seeing the author saith As well as the Bishop in his diocesse And if he shall what if the Bishop vpon good cause and for abusing of the authoritie shall suspend the minister from his iurisdiction of executing discipline Is he not at the same point he was at before And what if the Bishop himselfe dwell in the parish who shall then haue the preheminence And what if the ministers discretion serue him vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish whose indignation may turne the whole church to great mischéefe Or to procéed against his patrone who peraduenture hath a bond of him to resigne As manie couetous coruorants and Nimrods haue in these daies whereby the ministerie is more enthralled to the corrupt deuotion of one man than by all the lawes that any waie may concerne them The author séemeth to me to diuide the discipline of the church which he would intitle euerie minister vnto into admonition denuntiation and excommunication If by denuntiation he meane the publishing of excommunication done by himselfe then is it a part thereof if as I rather thinke he meane the second degrée of procéeding vpon faults not publike specified in the 18. of S. Matthew then is this common with the minister vnto all other christians euen as admonition is being the first degrée And where the minister is the partie offended and hath not preuailed neither by his admonition in priuate nor his denuntiation before two or
where he would conclude a necessarie presence of more people than the Bishops owne seruants at ordinations of ministers bicause by law domesticall folke are no fit witnesses in a matter not domesticall he sheweth as often afore he hath doone rather a desire to séeme to haue read some law than a care truclie to vnderstand or aright to applie it For it is notorious that men are not so fullie to be credited deposing any thing to the benefit of their maister or fellowes in houshold to the preiudice of a third mans interest And yet this notwithstanding where no benefit is to redound to their maister hereby nor any third man particularlie interessed I doo not sée whie in this matter they may not be as well credited to testifie afterwards if néed were what they did see to haue béene done as anie other whosoeuer Or must we beéeue that a Bishop at Lincolne being to ordeine a minister for the furthest part of his diocesse about Eaton must suffer the church to lie void till the Absurditie in the platforme husbandman and other of the parish leauing their necessarie trades vnfollowed will come on their owne costs so farre to be Eie-witnesses and eare-witnesses of the Bishops dealing and to sée whether he obserue the mane◠and forme prescribed vnto him 28. Section Pag. 60 61. Our author hauing brought such stuffe out of the canon and statue lawe as he could hit vpon and you haue heard leapeth héere backe againe to take another snatch out of the canon lawe for proofe of the peoples interest in the approbation and election of their ministers First bicause the glosse defineth Consent to be the will of manie vnto whom the matter apperteineth ioined in one together But this is a fallacie A petitione principis to assume as granted that any consent otherwise than afore is prooued dooth or did belong vnto the people in choise of their minister And if he will haue that rule of the canon law to helpe the matter That which toucheth all must be allowed of all surelie he will hereby ouerthrow all the ministerie if they must tarrie without roomes to minister in till euerie one euen the least and woorst in euerie parish doo agrée vnto the election of some one For that rule as Dynus and other doctors vpon Dynus al◠in reg quod omnes it do note cannot be vnderstood of Omnes vt vniuersi as it is in corporations where the greater part of voices are respected but must be taken Omnes vs singuli all and euerie one in seuerall that is any waie interessed and so one lewd disposed person might frustrate the good indeuours of manie thousands And dooth the author thinke indeed that this course is either expedient to be vsed or agréeable to the lawes and customes of this land Is it meet bicause it concerneth vs Seditious doctrine of the author all to haue good Princes councellors officers of the kingdome iudges and Bishops that all the people in the land or of one diocesse should haue a frée election and approbation of them But this kind of election he saith the Bishops themselues in certeine canons which were set downe and published but neuer by hir Haiestie ratified haue aimed at when they saie the Bishop shall laie his hands on none nor at any other time but when it shall chance that some place of ministration be void in his diocesse This indéed might make some shew against absolute ordinations but how it can open the peoples mouth to giue voice in election of their ministers I for my part cannot yet perceiue And therefore call backe againe your hastie conclusion whereby you are not content onelie togather An interest in the choise and appointment of their minister to rest in the people but also a speciall interest yea and a prerogatiue also therein belike aboue Prince Bishop Patrone and all 29. Section Pag. 61 62. Our author hauing alledged before some canons séeming to make shew of a kind of consent of the people which he would haue to be an election of their minister and knowing that Gratian taking vpon him to write Concordiam discordantium canonum did bring other canons also more direct on the contrarie part which yet he afterward reconcileth thought it best for his purpose to take exceptions against such as were not for his tooth vnder the person of pope Adrian whom he calleth Proud foolish his canons excluding laie men from election of Bishops ridiculous And yet * Adrianus 63. distin §. consecrationes Adrian testifieth that here in he decréed nothing which was not done in former old councels And the decretall epistle saith The whole * c. cum ecclesia Ext. de causa possess propriet election of common right belongeth to the Chapter And this is also the same Adrian which together with a generall councell decreed notwithstanding the election and consecration of Bishops apperteined to the cleargie that * c. 2. Adrianus dist 63. yet all Archbishops and Bishops in all prouinces should take their inuestiture of Charles the great then emperour Which is a further authoritie attributed to princes than vsuallie in most parts of christendome they doo at these vaies take vpon themselues In like maner Steeuen the Bishop of Rome * c. lectis dist d writeth to an earie néere vnto the emperour that whereas one was canonicallie chosen a Bishop it would please him to procure the emperours roiall assent thervnto according to the old custome that vpon obteining thereof he might procéed to the consecration of the new elect According to which Gratian also reconcileth such of these canons as in appearance séeme different thus In that the prince * c. cum longe §. electiones dist d. or people is required to be present at elections of Bishops they are not therefore to be called therevnto that they should make the election but to yeeld consent therevnto So that if he had weied all things aright he might haue perceiued both that his former allegations were not so forceable as to driue vs to runne for an answer vnto pope Adrians decision nor yet whie he should be so angrie with him who spake onelie of elections and consecrations of Bishops by cleargie men without excluding either the inuestiture or assent of princes and without any intermedling with ordination of inferiour ministers therfore it was not he that spake in his cast But there was least cause at all whie he should thus shuffle vp the canon before * c. non est dist d. alledged out of the old famous councell of Laodicaea either with this of pope Adrians or to reckon it among such latter canons as dare not once step foorth to séeke Any whit to impeach the truth of his assertions for it is so old and decréed by so good aduise of so manie graue and godlie fathers that it will not be ouerthrowne with such a blast His first reason for proofe that these canons by
that no perpetuall dispensation for receiuing of Ecclesiasticall fruits be graunted no not by the Pope himselfe And there is expresse mention made of him that shall not be resident vppon one of his Churches that shall be student in anie schools of learning that shall be absent from his benefice either at the court of Rome or at anie other place whatsoeuer that euen such a one shall not haue anie perpetuitie by Dispensation thereby to receiue the fruites and profites of the Church from the which for anie of those foresayd respectes he may be absent Therefore against perpetuities of Piuralities out of the Chapiter Is etiam and out of the Chapter Quia before rehearsed I conclude thus 1. Euery Dispensation graunted for the enioying of the fruites of any parish Church without limitation of a certaine time is a voyde Dispensation 2 But euery Dispensation graunted for the perpetuall receiuing of the fruites of any Parish Church is a Dispensation without limitation of a certaine time 3 Therefore euery such perpetuall Dispensation is a voyde Dispensation Pag. 149 THE first Proposition of this Syllogisme is the Position of the law it selfe The Minor is most plaine For whatsoeuer is perpetuall the same can not be limitted and whatsoeuer is limitted the same can not be perpetuall And this perpetuitie in this case as I sayde before hath euermore relation to the terme of lyfe because he is saide to haue a perpetuitie in a benefice that hath a benefice for terme of lyfe And to take away all sinister and double dealing in this action you shall vnderstand that a dispensation graunted once for seuen yeares at the ende of the sayde seuen yeares may not be renued and reiterated for so at the ende of euery seuen yeares a new dispensation being had in effect a perpetuall dispensation might be tolierated and so a man by fraude and couin might enioy that from the which by equitie and law he is altogether secluded which fraudulent and disorderly dealing by certaine general principles and rules in law is absolutely prohibited The maximes are these Ne statutum ipsum fiat ludibrio debitoque frustretur effectu non rebus sed verbis cum sit potius contrarlum faciendum lex imposit a De diuor c quaÌ„to § fi de elec comiss l. 6. Extr. de regni iurâ—c cum quod ff de ver ad ciuili perti l. li. § 1. videatur nullatenus ea vice poterit iterato conferri Quod directè prohibetur indirectè non conceditur cum quod vna via prohibetur alicui ad id alia via non debet admitti quod quis in persona sua facero prohibeltur id per subsectam personam exercere non debet That the statute it selfe may not be deluded and frustrated of hir due effect and that the law may seeme to be made not for thinges but for wordes when the contrary is rather to be done it may not by any meanes be againe the second time conferred And that which is directly prohibited is not by an other way indirectly to be suffered whensoeuer a thing is forbidden any man one way the same man ought not to be admitted to the same thing an other way And that which a man is forbidden to doc in his owne person he ought not to exercise by a substituted person So that once againe I saie if it might please God to stirre vp the hearts of her Highnesse Commissioners to haue a mature and deliberate consideration of the statute before mentioned they shal find matter sufficient to pronounce a great number of licences faculties and dispensations by law to be meerly voide and of none effect Pag. 150 And so manie benefices to be void and in the hands of her Highnesse vnto whome by lapse right hath accrued to present For by that statute the Archbishoppe hath no power or authoritie to graunt anie other licence facultie tolleration or dispensation then such as before the making of the statute was vsed and accustomed to be had and obtained at the sea of Rome or by authoritie thereof But no licence facultie tolleration or dispensation before that time was had or obtained at the sea of Rome or by authoritie thereof for the Fruits of anie Parish church by way of anie kinde or manner of anie perpetuall dispensation or for anie longer time than for seauen yeares onelie as appeareth by the former Canons and constitutions therefore none other ought heeretofore to haue beene graunted neither though they haue beene graunted are they effectuall or auaileable being graunted A non iudice contra formam iuris scripti ff quod vi aut clam l. prohiberi § plane Extra de reb eccle non alienam c. by one that is no Iudge and against the forme of lawe written Iudex non potest vltra facere quam ei concessum est a lege vel consuetudine A Iudge may not doe beyond that that is graunted him by lawe or custome It is forbidden that Church goods shoulde be alienated without a cause or without authoritie of the superiour If therefore anie alienation be made of Church goodes without a cause and not by authoritie of the superiour the alienation is voide Quae contra ius fiunt debent pro infectis haberi Things done contrarie to law ought to be Cod de leg l. non dubium Cod de pre cib imper offerrend l. 1. accounted as things vndone And againe Sufficit legislatorem aliquid prohibuisse licet non adiecerit si contra factum fuerit non valere It is sufficient that the lawe maker forbidde though hee shall not adde that the thing done contrarie to his prohibition shall be void And againe Pag. 151 Imperiali constitutum est sanctione aperte vt ea quae coÌ„tra legeÌ„ fiunt non soluÌ„ inutilia sed etiam pro infectis habenda sint It is plainly decreed by an imperiall constitution that the things done against the lawes are not onelie vnprofitable but also are to be accounted for things vndone And thus much concerning the causes and circumstances of dispensations for manie benefices It followeth then in the description of a dispensation Glos Extra uagan de pre bend dig c. â—â—â—erabilis ver vltimae as you haue seene that the same ought to be graunted cum causae cognitione with knowledge of the cause the reason is this Duo sunt in dispensatione necessaria authoritas dispensantis fastum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessarie in a dispensation authoritie of the dispenser and the fact whereby he shall dispeace For in euerie act two things are to bee considered the fact and the manner of the fact And therefore a Magistrate hauing authoritie to dispence ought not vpon the bare affection and simple allegation of anie person â—esirons to be priuiledged and to haue the Magistrate to mittigate the rigour and extremitie of common right
AN ABSTRACT OF CERTAINE ACTS OF PARLEment of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodals prouinciall established in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. 1. Nulli licere ⧠Neither let them feare to be called and suspected picke-thanks seeing their faithfulnesse and diligent trauell carrieth with it as well praise as honestie and godly Zeale hauing published the truth to the eares of all men and brought it to the open light PROVERB 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader Thou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet and peaceable estate both of the Church common wealth haue bene shrewdly troubled and brought in hazard The causes of which war and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appointed for the gouernance of the same Church hoping that by the authoritie of hir excellent maiestie and the counsaile of the honorable fathers and gouernours of hir highnes empire they may hereafter not onely be better executed but also if the case so require be reuisited For were the same lawes either better knowne vnto the whole Church either better executed by those vnto whome our gracious Soueraigne hath committed their Execution no doubt but very many and notable points of such controuersies as haue bene a long time amongst vs would be easily and speedily by the same lawes decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine owne simple iudgement onely according to the knowledge giuen vnto me I haue for my part faithfully laboured to cite the lawe for that ende and purpose wherevnto I take the same to haue bene first ordeined And therefore I am hartely to desire thee to accept of this my labour and trauaile vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighbours sakes and that peace and prosperitie might be within the wals and pallaces of Ierusalem Farewel and pray in thy spirit for the preferuation of the life of our gracious Queene ELIZABETH Pag. 1 AN ABSTRACT OF CERTAINE ACTES OF Parlement of her Maiesties Iniunctions Canons and Synodals Prouincial esta blished and in force for the peaceable gouernment of the Church within her Maiesties Domini ons heretofore for the most part vnknowne and vnpractised BY an act of Parliament made the 25. H. 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Pag. 2 Prouided also that such Canons constitutions ordinances and Synodals prouinciall being alreadye made which be not contrariant nor repugnant to the lawes statutes and customs of this Realme nor to the domage or hurt of the Kings prerogatiue royall shal now still be vsed and executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that all Canons constitutions ordinances synodals prouincial made before this act requiring and commanding a learned Ministerie prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiastical men and prohibiting one man to excommunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this Realme nor hurtful to the Kings prerogatiue are in force ought to be executed therfore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Pluralities forbidden c. Pag. 3 A LEARNED MINISTERIE A learned Ministerie commanded by the Lawe NIHIL EST. c. There is nothing that may Ex De elect Cap. Nihil est hurt more the Church of God then that men vnworthy are taken to the gouernment of soules VVe therefore willing to apply a medicine to this disease decree by an inuiolable constitution that when any shall be chosen to the gouernment of soules he to whome the confirmation of his election appertaineth diligently examine both the processe of the election and the person elected to the ende that if all things concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely he that is vnworthily promoted but also the vnworthy promoter himselfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawfull age when his negligence herein shall appeare we decree him to be punished thus not onely that he be quite depriued of power to confirme the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefice Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtfull to the Church of God to haue vnworthy men taken to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is not to be admitmitted to holy orders and Ecclefiasticall dignities 2 But a man of insufficient learning and of vnhonest conuersation cannot worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities Pag. 4 IF any iudge the meaning of this Chapter to be onely of superiour Prelats as Archbishops Bishops Abbots or such like elected by some common societie of Canons Monkes Friers or collegiat Priests because of these words Election and Confirmation properly applied to such and not to inferior ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redound to the Church in both cases if for both remedies were not before hand prouided And also to vnderstand that the name of Prelate is by law attributed likewise to euery Parson and Uicar hauing cure of soules Quia quilibet qui praeest â—â—ae animarum dicitur esse Praelatus Euery one that is preferred to the cure D. ex de eleric â—grotant â—â—sud giâ—s lynd Consti de sâ—cra iterâ—nd c. ignorantia vers praelatâ— of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these things together with the ende of the Chapiter where
which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of God Secondly by the discourses written betweene the learned on that behalfe Thirdly by the Discipline practized by all the reformed Churches and lastly by Maister Nowell his Catechisme commaunded generally by the Bishop to be taught vnto the youth of the Realme in all schooles of their Diocesse yet notwithstanding the Minister contrary to a vowe made by him at the commaundement of his Ordinarie appointed therevnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at all our Bishops and Archdeacons challenging vnto themselues a principall prerogatiue to punish all malefactors within their seuerall iurisdictions An other reason that this statute hath appointed as well the discipline of Christ as the doctrine and sacraments to be ministred as the Lord commaunded onely and none otherwise is this namely for that this statute was made to reforme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priests as it was to reproue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the Ministers of the Gospell for otherwise this braunch of the statute should ordaine nothing and so contrary to the nature of a lawe be Lex absurda an absurd lawe Pag. 37 And therefore what open wrong and intollerable iniutie is offered the Saincts of God and loyall subiects to her Maiestie calling for discipline at the chiefe Prelats hands commaunded by the Lord and in truth established by the lawes of her Highnesse Empire euery indifferent man may easily discerue It followeth in yâ— booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your families according to the Doctrine of Christ and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flocke of Christ Answere I will Bishop Will you maintaine and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the ende when he layeth on his hands he sayth to euery one be thou a faithfull Dispensor of the word of God and of his holy Sacraments And againe Take thou authoritie to preach the word of God and to minister the holy Sacraments Which action speeches of the Bishop are to be wel wayed and considered The words which the Bishop pronounceth Be thou a faithfull Dispensor c. Take thou authoritie to preach are wordes appointed him by the whole State to be pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parlement that a Bishop should commaund an Apothecarie not exercised at all in holy Scriptures and altogether vnable to teach to be notwithstanding a faithfull dispensor of the word of God and to take authoritie to preach Pag. 38 No no they very well knewe that the outward sound of the Bishops words in the eares of such a man could not worke any inward grace or giue any inward vertue to the performance of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourably conceiue of their wisedomes much lesse I take it should the Bishop so disloyally abuse their credite and authoritie Was their intent and purpose trow you that the Bishop by these his demaunds and the Minister by these his aunsweres should not bind the Minister himselfe to performe by himselfe this duetie to preach but that the same should be done by a third person I trowe no. For my Maisters and Doctors of the Canon and Ciuill Lawe Burgesses in the house of Parlement knowe that Promissio facti alieni inutilis Institu de inuâ—tilistipu § si quis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studijs imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certaine place or to be furnished with the liberall Sciences or to builde an house or to paynt a table with his owne hands or to marry a wife that he can not doe any of these things by an other man because the will of the Testator hath concluded all these things onely in his owne person Was their meaning that the Bishop pronouncing these words Pag. 39 Be thou a dispensor was their meaning I say by those words to haue the Bishop commit the office of reading homilies to a Minister or to iudge reading of homilies to be preaching No no Their proceedings appeare to be of greater wisedome knowledge iudgement discretion and godlinesse They appointed by the same their consultation three kindes of offices to be in the Church Deacons Ministers and Bishops appointing seuerally to euery officer his seuerall dueties and hath expresly appoy nted reading homilies to be the office of a Deacon For in the ordering of Deacono the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the Churche where he shall be appoynted to assist the Prieste in diuine seruice and specially when he ministreth the the holy Communion and to helpe him in the distribution thereof and to reade holy Scriptures and Homelies in the congregation c. I take it and hold it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an act of Parlement and therefore I take it that I may safely conclude without offence to his Lordship that he can not by law appoint any Minister to reade any Homilies in any Church Statute lawe is Siricti Iuris and may not be extended What will you then by law positiue barre reading of Homilies in the Church No. But I would haue the Law positiue obserued and so barre reading of Homilies from a Minister because the Law positiue hath appointed that office to a Deacon For it is not lawfull for one priuate man and fellow-seruant to transpose from his fellowseruant an office committed vnto him by publike authoritie Pag. 40 And it is verily to be thought the Bishop himselfe will challenge as much vnto himselfe by this statute from the Minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and Ministers and to gouerne them and that therefore it beseemeth not a Minister to be ordered otherwise then according to the forme of the booke and no
and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part moued by a good conscience and for the same my conscience sake to discharge my duetie to the Lord haue summoned you publikely lawfully and rightly to dispossesse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neither ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you plaine that herein I will both say and doe that thing which the noble and wise Emperour sometimes both sayd and did in a matter of farre lesse waight then this Quod inconsultò fecimus consultò reuocamus That which we vnaduisedly haue done we aduisedly will reuoke and vndoe And Sir for your part it is verie necessarie and expedient for you that we depose you in deede because Tantò grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the lyke were in my simple vnderstanding a noble and famous practise of a good and godlie Bishop labouring to procure peace and prosperitie vnto Ierusalem What may a Bishop depriue an honest poore man from his benefice dispossesse a faythfull man of his Ministerie stoppe the mouth of the Lordes watchmen and imprison a painefull teacher in the Clinke in case he weare not a Surplesse in case he marrie not with a Ring in case he crosse not in Baptisme or in case he subscribe not to euerie newe Article inuented by Pag. 91 his Ordinarie And may not the same Bishop remoue a man that hath openly played the hypocrite publikely falsified his word impiously committed sacriledge yea and that which is worse hath made an open mocke at the lawe of God and deluded the lawes of her Highnesse Empyre Is the first a lawlesse and rebellious Puritane I vse but their owne termes and is the second a duetifull and loyall Uassall If a Puritaâ—e as they call him making conscience to offende his God in any small thing for his conscience sake be worthy to be whipped and excommunicated is a Foolitaâ—e making no conscience to offend his God in all things not worthy once to be summoned Concerning an olde obiection perhaps by some olde Canoniste to be obiected that euery sentence of the Bishop whereby Extrauag de elec c. cum dâ—â— lectus he pronounceth any man fit and capable of the ministerie is a definitiue and irreuocable iudgement in case no appeale be made from the same though my former answere were sufficient for the same election yet to answere lawe with law I answer with the glosse that propter aliquam causam posteà emergentem potest quaeri quia quae de nouo emergunt nouo indigent auxilio ita semel probatus â—â—erâ—m probatur reprobatur For some cause afterwards arising inquisition may be made because things newly happening doe want a newe â—upplie and so one being once allowed may againe be allowed and disalowed Pag. 92 And therefore to conclude if such as be in authoritie loue the peace and prosperitie of the Church of Christ if they desire the good successe of the Gospell if they will preserue the state of this Realme if they thinke it necessarye to haue good Magistrates to haue good lawes and orders in a common wealth If they esteeme learning and seeke to preferre it if they hate confusion if they allow to their owne conditions and like of a kingdome better then of a tyrannous state then are they to prouide betime some speedy remedie for these and such like kind of men and such manner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to be contemned and broken without sharpe and seuere punishment they are not to suffer such as execute them not to be vncontrolled vnrebuked and vnpunished they are not to suffer such as speake for them preach for them cal for them and write for them any more to be checked taunted frumped and shopped vp either let their lawes be lawes indeede and maintained as lawes or els deliuer vs from our duties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I sâ—ily and couertly as one captious ouer the whole state of the church should infinuate no lawfull ministerie to be in England because some one of these poynts perhaps haue bene and are daily omitted in making euen the best men that are in the ministerie at this day I answer touching as well the whole Church as the learned and vnlearned Minister the Preacher and him that is no Preacher the Pastor and him that is no Pastor I answer I say touching them all as followeth First I confesse that our Lord Iesus Christ hath a true Church and a faithfull spouse in England receiuing the doctriue and sacraments of Christ publikely taught and administred in the Church of England wherein we haue Elizabeth by the grace of God Queene of England Fraunce and Ireland a Soueraigne a sole and a lawfull Gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto her out of the word of God by the Ministers for the abolishing Pag. 9â— of all and all manner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernment of the sayd Church ought to be faithfully embraced and diligently put in execution by hir Maiestie according to the prescript rule of the blessed word of God And againe that the Ministers ought euermore in a reuerent and holy feare to teach whatsoeuer they know to be commaunded or forbidden by the same word and tâ—â—hewe the daunger as well to the Magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the Magistrates and Ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred worde prescribeth and their owne saluation requireth Againe that neither the Magistrate withâ—â—â— true instruction from the Ministers nor the Ministers without due authoritie from the Magistrate ought to wrest any thing into the gouernment of the Church For both offices and gouernments magistracie and ministerie are very holy and honourable and being seuerall tend to seuerall ends and bring forth seuerall euents in the administration and gouernment of the Church the one is the mouth the other is the hande of God the one by word the other by sworde ought to execute the Lords iudgements in the Lords house The Prophet Esay at the commaundement of the Lord
teaching that the princes of Iudah and Ierusalem should cast away the rich ornaments of gold as a menstruous cloth did stay himselfe with the publishing of this his doctrine he onely reformed himselfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these words in your eares he hath sent me to prophesie against this house and against this citie all the things that ye haue heard Pag. 94 as for me behold I am in your hands doe with me as ye thinke good and right And though Iehoiakim the King with all his men of power the Priestes and the Prophets sâ—ewe Vriah with the sworde yet ceased not Ieremiah to stande in the Court of the 2. King 2â— â— Lords house to speake vnto all the cities of Iudah all the words that were commaunded him to speake and kept not a word backe When Hilkiah the Priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the King stoode by the piller and made a couenant before the Lord that he the King and the Priestes and the Prophets and all the people both small and great shoulde walke after the Lorde and keepe his commaundements and his testimonies and his statutes with all their heart and with all their soule And that the King commaunded Hilkiah the high Priest and the Priestes of the second order to bring out of the Temple of the Lorde all the vessells that were made for Baal and for the groue and for all the hoste of heauen and that He King burnt them without Ierusalem in the fieldes of Kidron and that the King carryed the powder of them into Bethel and that He put downe the Chemerym and that He brake downe the houses of the Sodomites and that He brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him should not be frustrate but haue a rewarde Asa hearing these wordes of the Prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regencie Pag. 93 And Asa 2. Chro. 15. brake downe hir Idoll and stamped it and burnt it at the brooke â—idron and King Asa did all these thinges at the counsell of the Prophet Neyther can the holie doctrine of the Gospell be sayd to be repugnant herevnto God is euermore one and the selfe same God in all ages he is euermore the author of peace and order not of discord or disorder If therefore the Lord haue not yet graciously opened hir Maiesties eies to vnderstand all and singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blots in the raigne of good Kings in the time of the law or if he will that the aduersaries of Iudah and Beniamin hire counsellers to trouble their building hinder their deuise all the daies of Cyrus or if he will the Temple to be built in the daies of Esra the chiefe Priest but the walles to be reedified by a Eliashâ—b and his brethren or if he will haue his Church tary his holye leasuâ—e and appointed time or if he haue any other glorious purpose to worke in our dayes by her Highnesse what is that to him that is a Minister of the Gospell Onely it behoueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layd vpon him And let him be assured that whatsoeuer is either bound or loosed by him in earth the same is bound and loosed by the Lord in heauen The repentant and faithfull shall be forgiuen the obstinate and impenitent shall be hardened And thus hauing deliuered my mind touching these things which otherwise by sinister construction might haue bene daungerous to my selfe and offensâ—ue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisite that euery one moued inwardly by the holy Ghost and outwardly called and appoynted by the Bishop hauing authoritie by the order of this Church of England in this behalfe is Pag. 96 in deede and by lawe a Minister First because he is in deede and truth a Messenger sent and appoynted to this office by the Lord himselfe Secondly he is a Minister by the lawe of this lande For the state of this man learned qualified and inwardly called and the state of the vnlearned and vnqualified and not inwardly moued differ as much as light and darkenesse For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the lawe it selfe requireth should be in him and so the ende of the lawe satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of lawe and by lawe that in his outward calling and tryall c. all things required by lawe were accordingly performed by the Bishop and so he a lawful Minister But touching the other man it is quite contrary and therefore this presumption by law must cease For where his life his learning his conuersation doe appeare manifestly â—los extrauag de prebend cuÌ„ secundum As postolum ver â—eeat to be vile corrupt and vnhonest and not such as the lawe requireth and so the lawe frustrated in this case there is a presumption Iuris de iure of law and by law against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falshood expressed are good and to be obeyed but if afterwards either of these appeare they shall be accounted surreptitious and voyd A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenour thereof appeare false Latine it is then presumed to haue beene obtained per surreptionem A sentence giuen by a Iudge is presumed to be a iust iudgement and euerie one for the authoritie and reuerence of the Pag. 97. Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like manner if a Bishop should make an hundred ministers in one day for the authoritie
before hee had leaped I saie to let this passe yet the obiection made before in their â—eâ—ence is an obiection in truth not to be obiected The triall of the abilitie 〈…〉 whâ—â—â—◠〈◊〉 consist in learning or in liâ—e is and euer hath beene onely in the authoritie of the Church and never in the power of the â—aitie First touching the enqurie of their abilitie for learning to leaue to speake of the Canon Law which aâ—â—â—ng 〈…〉 vnto the Cleargie the Ciuill law and the Canon laws of thâ—◠〈◊〉 agree herein togâ—ther and attribute the enquirie thereof to the 〈◊〉 onelie The Ciuill lawe saieth thus 〈◊〉 〈◊〉 which are chosen by them 〈◊〉 〈◊〉 vnworthie beforâ— bidâ—â— to be 〈◊〉 then let the 〈◊〉 holie Bishoppe procure 〈◊〉 to be orâ—â—â—â—d whom he should thinke meeâ—est And thus 〈…〉 thing to belong to the honor worship of your 〈◊〉 〈◊〉 〈◊〉 building Church or otherwise beâ—owing 〈◊〉 vppon them 〈…〉 therein be thus bold as by power to bring vnto you◠〈◊〉 then to be ordained but our minde is that by your Holinesse and â—â—dgement they be examined touching the idoneitie of a person preseured to an Ecclesiastiacll be 〈◊〉 by the lawes of the 〈◊〉 the examination of him likewise pertâ—â—â—â—th to the Ecclesiasticall Iudge and so it hath hitherto beene vsed and so leâ— it be dâ—â—â— hâ—â—reafter And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in assue the Oridinarie is parâ—ie that shal not be tried by him because he is partie but by the Metropolitane if the Clearke be aliue and if he be dead then by the Coâ—â—â—â—ie where the examination was had And againe Where the Ordinarie after the patrone hath presented doth enquire and finde the Clearke to be criminous and the â—â—me of the lapse by this meanes passe there he shall not make any â—ollation by lapse but first giue notice vnto the partie if he be a 〈◊〉 〈◊〉 but contâ—â—â—wise if he be a spirituall man note the difference for he may know his owne Clearke But were it so that the Laâ—â—â— had power therein and that the Archbishop were exciuâ—ed yet if the Bishop after he were compelied by processe from any of â—er highnes temporal courts of Iustice to admit an vnable Cleark â—â—d forthwith call this vnable Clearke into his Constitorie and obâ—â—ct against him his unabilitie and for the same degrade him of his â—ffice What â—emediâ— had the same Clearke against his Ordinarie 〈◊〉 this case He being once deposed from his office by his Ordinarie the common lawes should haue now no remedie to helpe him he â—â—ing no more to be called a Clearke and therefore not to bring anie â—â—it or commâ—â—ce anie sute against his Ordinarie in the name of a Clearke But we wil conclude Pag. 105 Since the stature of 25. Henrie the â—ight hath authorized all Canons Constitutious and Synodailes â—ouâ—nciall made before that statute â—ot being contraâ—iant or repugnant to the laws and customes of the 〈…〉 her Maiesties prerogaâ—â—e royall to be 〈…〉 and also since these Canons Consitutions and 〈◊〉 â—â—â—â—â—ciall before specified were maâ—â— before the 〈…〉 trariant nor repugnant to the laws 〈◊〉 of the 〈◊〉 〈◊〉 â—â—rogatorie to her highnesse 〈◊〉 royal◠〈◊〉 since they are agreable to the lawes vsages of the tealms and vphold her 〈◊〉 royall And since by these canons other Arâ—s of Parlement and her highnesse Iniunctions iâ— is 〈◊〉 that men learnâ—â—â— that men 〈◊〉 〈◊〉 meete to â—each are to be placed Ministers in the Church and that men vtterly unlearned and such as ran 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 or Masse are not to be admitted that therefore a 〈◊〉 Ministerie is commaundâ—â— by the Lawes of 〈◊〉 〈◊〉 And if so then an vnlearned Ministerie forbidden by the same Lawes and if so then by the same Lawes such penalties 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and inâ—â—â—â—â—â— upon the 〈◊〉 of the 〈◊〉 〈◊〉 as by the 〈◊〉 laws are holâ—â—â—â—â—◠〈◊〉 against 〈◊〉 wilfull Law-breakers AN ANSVVER To the two fyrst and principall Treatises of a certaine factious Libell put foorth latelie without name of Author or Printer and without approbation by authoritie vnder the title of An Abstract of certeine Acts of Parlement of certaine hir Maiesties Iniuctions of certaine Canons c. Galath 5. He that troubleth you shall beare his condemnation whosoeuer he be Hieron ad Pammachium epist 26. Facilè abiicitur quod haeret extrinsecùs intestinum bellum periculosus est coniuncta disglutinamus vnita dissuimus Published by authoritie LONDON Printed for Thomas Chard 1584. Concerning the Title and the Epistle of the Booke IF the author of that booke whosoeuer had been mooued of good zeale and conscience wherof in euery passage of it he giueth euident proofe to the contrary to haue aduertised gouernours of this church and church matters of some wholsome lawes Inforce to them as he pretendeth Vnknoâ—ne and therfore necessarilie by them vnpractised to the intente his admonition might indeed haue been profitable heereafter For the peaceable gouernement of the church it had bin then as much thanke worthie in him as now sauoring so strongly of rancor and contention it deserueth punishment But theÌ„ would he not haue foisted it to a make-shift to haue been printed in hugger mugger but would haue addressed it to those vnto whom the execution of such pretended necessary and yet disused lawes apperteineth then should not the printed copyes there of as not daring to looke out at noone-day haue beene so soone shufled vp and sent by hundreds into mutinous places abroad thought most to fauor such factious writings then should not his alledged texts of acts canons c haue come out accompanied with such peruerse glosses Quae corrumpunt textum particularizing at pleasure Tanquam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vpon such persons as his distempered affections cannot brooke neither would his booke haue growne to that bignes but that it might well haue carried the title of an Abstract whereas now by wringing and wresting by shrinking and stretching of lawes by gnawing and nipping at particular mens dealings calumniousâ—ie and traducing them Quasi in veteri comoedia both the author dooth seeme Distract of modestie and by his booke is found Tanquam sorex proprio iudicio to wante that insight in law that he would so faine be intituled vnto In which Acts iniuctions canons c bicause he was loth to appeare to haue no more skill than ordinarie he saith they were For the most part heeretofore vnknowne whereby hee must needes For the most part holde those excused of whom they were vnpractised and therefore in his booke ought not so egerlie to haue bitten at them for vndue practise of such mysteries as till nowe it pleased him not to reueale vnto them And surely looking into the present time occasion I cannot be otherwise led to thinke but that this proctor of peruersenesse being netled that his clients are now by force of hir Maiesties godlie lawes sought
establishing by act of parlement 25. H. 8. of Canons constitutions ordinances and synodals prouinciall to the intent and in hope to beat vs with our owne weapons and not for any loue or liking he beareth vnto them which he sufficiently bewrayeth in sundrye * Pag. 238. partes of his booke and is sory I dare saye that so much of them is in force And although it cannot be denied but that many of them were published by latter Popes after that See was become the chaire of pestilence a cage of vncleane birds Et postquam ciuitas fidelis facta fuit meretrix yet such amongst them as fight not with the euerlasting worde of GOD or the lawes and customes of this land beeing set downe no doubt by aduise of the best learned lawyers in those times though vnder Antichrists authority and beeing now indenized and made English by the whole church and common-weale in parlement are no more in that regarde to be abandoned than wheate because it was inuented by the heathen goddesse Ceres many good ciuill lawes of the Romanes set out by Paynims and cruell persecutors of Gods saints for no one author of the Pandects is thought to haue beene christian but Gaius or than pretious Stones and gold of Ophir in Salomons time because as some * Goropius thinke they were fet from among the Cannibals eaters of mans flesh and other partes nowe called the West Indies beeing both then and now grosse idolaters And howsoeuer many of the said Canons c doo carrye with them the drosse and superstition of those times beeing promulged for the vpholding of Poperye yet for many points I beleeue all the best heads now in the worlde beeing layd togither and taking no light from thence were not in many yeares able for sinceritie and equitie to set downe the like ordinances in those causes And no maruell seeing they were both vpon mature deliberation of the best lawyers deliuered and were so long in gathering together vpon seuerall occasions from time to time falling out which for the varietie of them no one mans life is possible to haue experience of and therefore â—â—ns wit not able to forecast or prouide for But I muse how this could so escape the criticall and Lynceus eyes of such an Aristarchus as that he which rappeth out so many syllogismes in Barbara and Darij throughout his whole booke should be so ignorant for I will not say it was of malice as in that argument which he maketh the ground-worke to set his whole frame vpon to deliuer vs a Fallax 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by curtaling off in Assumpto a A childish fallacie in his principall reason peece of his Dedium and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make Quatuor terminos in his principall syllogisme For although it be confessed on all partes Such canons constitutions c as be not contrariant nor repugnant to the lawes statutes and customes of this Realme nor to the damage or hurte of the Queenes prerogatiue roiall as they were vsed and executed before the making of that act shall nowe still bee vsed and executed yet if hee would haue assumed in his Minor proposition as by the rules of reason and reasoning hee ought to haue doone that those points which he toucheth in his booke were Not repugnant to the customes of this realme but were in vse and execution before the making of that act All which hee cunningly left out then because wee learne by law Quòd facta non praesumuntur matters in fact are not intended to be doone till they be prooued so we would haue put him to his proofe heerein as wee must doo still and in the meane time say that he hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned So that till he can make it appeare that The canons specified in any parte of his treatise are not contrariant or repuguant to the customes of this realme but were vsed and executed before the making of that act hee can not inforce the vse of them now beeing by the act limited to bee vsed and executed no otherwise but as they were before the making of it Which answer might serue without anye more adoo vnto his whole discourse which therfore hangeth no otherwise togither than Scopae dissolute or than a rope of sand Yet wee will not deale so sparingly and peremptorily with the man but will shewe vnto him diuers canons constitutions and synodals prouinciall neither Contrarie nor repugnant to the lawes nor to the damage or hurt of hir Maiesties prerogatiue royall which hauing not by the customes of this realme beene vsed and executed he himselfe being better aduised will not say to be in force of law or now necessarie to be put in vâ—e or practise And although the generall worde of Constitutions put downe in the act may seeme to extend vnto constitutions made by christian emperours for ecclesiasticall persons and matters as the author seemeth to thinke whereof sundry to this purpose might bee brought Pag. 16 yet because it is put after Canons whereof sauing some canons for matter of faith agreed on before by certaine generall counsels there were but fewe set out at that time I doo coniecture uone other constitutions to be ment thereby but such Prouinciall as were gathered together by Lindewood or Nationall as were framed by Ottho and Octobonus and therefore I will not wearie the reader with such superfluous allegations First therefore to begin with the canons collected by Gratian it wyll easilye appeare that there be very many such which are neither repugnant to any lawes that I doo know or haue heard reported for lawes within this land nor hurtfull any way to hir Maiesties royall prerogatiue which yet are by generall custome thereof so long disused that no man can iustlye say they are in force still amongst vs which for breuitie sake I will set downe in as shorte a summarye as I can finde them gathered a De confir dist 5. c. cont That rules of Physike are to be holden as contrary to a diuine state which in some case forbid fasting b Ibid. c. vt ieium c. vt episc That none are to confirme or to bee confirmed but fasting c c. in Synodo dist 4. de Baptismo That baptisme must bee conferred with three dippings into the water d c. peruenâ— dist 3. de feriis That a man may not fast on the Thursday e c. quoniam ibidem That on the Lords day or in the feast of Whitsontide in prayeng wee ought not to kneele f c. ecclesiam 1. dist 1. de feriis That a church may not bee consecrated to holy assemblies wherein a pagan or heathen hath beene buryed g Dist 3. de paenit per totum That publike and solemne penance may not twise be inflicted h 32. q. 1. c. apud S. crimen That women may not sue their
thrée to whome shall he tell it in the third place where he himselfe hath the authoritie to excommunicate But the power of binding and loosing according to the word of God and the censure of reproouing and sharpe rebuking of publike offenders which doo conteine indéed the whole discipline ment to be attributed by this church of England vnto priuate and inferiour ministers whie are they left out in this place And whie did he not also yéeld vnto euerie minister as well as excommunication the censure also against obstinate heretiks and of anathematisme supposed by the best interpretors to be a higher censure than excommunication and vsed when all hope of amendment is gone And touching his second question whereof onelie as it séemeth any doubt is made Whether the doctrine sacraments and the discipline be to be ministered simplie as the Lord hath commanded or else whether they be to be ministred onelie as this realme hath receiued the same without the commandement of God I saie that as this question is contumelious to this whole church by insinuating a iarre in those points to be established by our lawes with The commandement of God so is it a verie captious and sophisticall question A diuisione bicause he diuideth those things Inconstant dealing in the author that not onelie the booke hath ioined togither but he himselfe within ten lines afore vpon the like copulatiue coniunction vrged the like concurrence of two other seuerall members in this selfe-same sentence And for answer to the question I doo affirme that these thrée are to be ministred both as the Lord hath commanded and as this realme according to the commandements of God hath receiued the same So that the one of these clauses shall not be vnderstood either to limit or restraine the other as he vnskilfullie thinketh may be obiected nor yet Dispositiuelie as though the law ment by authoritie hereof to establish that the order in these things by the realme receiued should be holden as agreable to the word of God but must be taken Enunciatiuelie to declare and affirme for the further incouragement and comfort of those who are to minister these things that following the order by law established they shall doo agréeablie to Gods will Not that it is to be thought that euerie ceremonie forme or circumstance about these thrée things are either in particularitie deliuered in scripture as this man hath not alone absurdlie fansied or that there in either this church or anie other is or can be tied to any such certeine exact forme In hypothesi as we terme it but that certeine generall rules for Articles of religion 34. art ceremonies and gouernement being there set downe euerie church is to followe the said rules in such particular maner as they shall iudge all varietie of circumstances weied to be most fit for the editieng and gouerning of that people For iudgement whereof I thinke that waie surest to follow which hath had the best proofe and experience of profitablenesse by longest continuance of time and purer antiquitie so that it be sure no commandement in the word to be to the contrarie And where as he concludeth though without premisses that A Bishop and a minister ought to minister the discipline of Christ as the Lord hath commanded though the lawes of the realme should not haue receiued the same afterward in plaine terms saith That our discipline vsed in the church of England is not the same which the Lord Christ hath commanded he dooth first iustifie that slander of this church which his question afore The authors slaunder of the whole estate did insinuate Secondlie he directlie contrarieth both that which the booke by law established which he himselfe had a little before affirmed in these words That the discipline is to be executed by the Bishop as he hath committed vnto him by Gods word as he is appointed by the ordinance of the realme to execute Lastlie he héereby both giueth libertie to Bishop and minister to vse what forme so euer of discipline shall séeme to them grounded vpon Gods word and dooth as it were crie an alarum to all men to oppose A seditious asseueration of the author themselues against the discipline of this church as wicked and not agréeable to Christs institution But let vs a little examine his proofes whereby he goeth about to infer that The discipline of the church of England is not according to the commandement of Christ The first reason that It appeareth by the word of God and likewise the second that it so Appeareth also by the discourses written by the learned to and fro are two childish fallacies A petitione principij proouing a thing in doubt by a matter as much or more doubtfull for who being of a contrarie opinion will not straight tell him that his proofe is as euidentlie false as his conclusion That which is said of The discipline of all reformed churches maketh more against him than he is ware of First more reformed churches come néerer vnto our outward policie discipline and ceremonies than those are in number who séeme to dissent from vs. Againe few or no reformed churches especiallie of seuerall nations or dominions doo iumpe in one externall policie of discipline or ceremonies And whie is it not as lawfull for vs héerein to differ from them as for them to differ amongst themselues And how is it possible if such a set forme as is pretended be set downe in scripture that they all differing so much one from another in externall policie should all be ordered therein according vnto the commandement of Christ and thus to be brought as a squire to leuell vs by who are alonelie belike in his fansie wide from the right discipline where as I sée no cause in any respect whie they should not rather take light of vs than we of them That which he speaketh of maister Nowels catechisme is verie generall and requireth the perusall of the whole booke But I suppose this to be the place which he meaneth where toward the latter end of the booke he saith In * pag. 652. graecolat Catech 1573. well ordered churches a certeine forme and order of gouernement was instituted and obserued certeine elders that is to saie ecclesiasticall magistrates were chosen which should reteine and practise ecclesiasticall discipline And dooth our author thinke that this man heere dooth meane their laie presbyteries neuer heard nor read of from the beginning of the world till within these fortie yeares or little more bicause he nameth them ecclesiasticall magistrates A foole fansieth that bels doo ring and almost speake anie thing wherewith he is delighted Or could he gather that maister Nowell here condemneth our churches discipline as not agréeable to that which Christ hath commanded if he had directlie said that in some well ordered churches an order of discipline differing from ours is obserued Dooth this follow Some well ordered churches differ in some points of externall discipline
memorie and vnderstanding he may not against his will be remooued but is to haue a Coadiutor assigned vnto him at his costs and charges Which thing euen the reformed churches of France in their discipline and policie doo reteine where they haue thus decréed * La discipline de France art 31. Mais ceulx ne seront c But such shall not be deposed which through age infirmitie or other like impediment shall become vnfit to execute their functions In which case their former estate shall be reserued and they shall be recommended to their owne churches to be mainteined and another shal be prouided which shall execute their charge The second part of his answer conteineth one of our authors riddles For what end I beséech you should a man Once allowed be allowed againe and yet disallowed Well the truth is that he was deceiued when he translated Probatus tried as though it had béene Approbatus allowed For * c. cum secundū ampl ver liceat Extra de pro. dign Salsification detected the glosse which detecteth his craftie packing in his answer for which end also he was vnwilling to quote it at all is in this passage thus If the superiour should write to the ordeinour he might not obiect any thing except that were expresselie set downe in the letters bicause he ought to hold them fit for a benefice whome he esteemed fit for orders c. accepimus Ext. de aetat qual But the successor may obiect And so he that was once Approbatus iterum probatur reprobatur allowed is againe tried and disallowed as the physician is Lvt gradatim § reprobari ff de muneribus honoribus c. And a little after saith the glosse But all this is but of fauour bicause we ought not to inquire often of one mans fact L. licèt in fine ff nautae caupones But are we not to presume for the sufficiencie of him that is ordeined An argument that we are is in C. post cessionem Ext. de probat Except the contrarie be prooued But whie should we take knowledge afterward of the ministers fitnes seeing the sentence of the Bishop wherin he pronounced him fit is alreadie passed into the force of a matter adiudged and ouer-ruled beeing not appealed from c. cùm dilecti Ext. de elect We must answer either that all this reexamining is but of speciall fauour or else that this inquirie is onelie made vpon some new cause afterward arising c. 1. Ext. de aetat c. Where we sée both the obiection he bringeth and his answer in part touched but not rested vpon For the glosse here plainelie decideth that a ministers former fitnesse is not after his ordeining no not by the successor of the Bishop that made him to be scanned vpon but either vpon some occasion afterwards newlie happening or by speciall grace or direction to the Bishop from the superior We sée also hereby his wrong translation his leauing out of some part and foisting in of other some and his wilfull falsification of the glosse to serue his turne and humor And to this decision of the glosse that a Bishop may not deuest one of his liuing in regard of insufficiencie that is once allowed agréeth Bartol as he is alledged by * Panor in c. vlt. infine Ext. de aetat qualit facit ad hoc c. accepimus Ext. d. Panormitane If saith Panormitane it be afterward spied out that the minister is verie ignorant may the Bishop take awaie his prebend Bartolus saith he may not Modò sciat officium so that he can saie masse and alledgeth to this end c. quando c. qui ipsis c. sequens 38. distinct And therefore to conclude as the author dooth but yet to another end it behooueth all that be in authoritie in manie respects to sée hir Maiesties lawes strictlie executed against such yokelesse and fanaticall spirits as this who vnder colour and pretense of lawes in force which he cannot prooue otherwise than you haue heard dooth inforce most dangerous innouations in this church and most dishonorable to hir Maiesties renowmed gouernement hitherto as well for matters as persons ecclesiasticall who debaseth with might and maine and whetteth mens toongs at the least against all that execute or conforme themselues to hir Maiesties godlie procéedings in church gouernement and externall policie who magnifieth and extolleth the contrarie faction and who not obscurelie Slilie or couertlie but euen plainlie notwithstanding his apologie now insuing bereaueth vs as much as his poore spite will serue him almost wholie of a lawfull ministerie in England And I praie God that by better weights than these which he bringeth and by a more exact touch both the sufficiencie of our ministers may be tried and also for the better incouragement of more able men for that function hereafter the liuings allotted to the ecclesiasticall state may rather be increased than by corruption and sinister deuises gelded and shredded by foxes and wild bores out of the wood that destroie the vineyard and by Nimrods and mightie hunters of Gods people For it hath béene and alwaies will be true Honos alit artes And where rewards of learning doo in number or quantitie decaie there learning it selfe will not with like alacritie to any ripenes be pursued The want of which rewards of learning in that respect with lamentable experience and too late repentance some countries alreadie doo taste and are like more and more to feele hereafter 46. Section Pag. 92 93 94 95. NDw as though some other better staied man pitieng the former follies and vndutifull lauish speaches of our anthor and seeking to qualifie them in part as not so hardlie ment as the words doo import had stepped héere into plaic and taken the matter in hand are we come to a more calme and temperate apologie not so much of any good loue as for feare it Might otherwise be vnto him dangerous as well as it is offensiue to others Whereby for the wounding of manie weake consciences readie to take offense vpon lighter occasions than these for the calling of the whole state ecclesiasticall into hazard of their ministerie and liuings we shall haue of him onelie a plaister of a few glosing words to make amends for all Nothing else but protesting in effect that he is not so farre gone in these conceits as some of the same haire are who doo run so far that except they quicklie staie they may perhaps with good desert run themselues of a sudden out of breath I will therfore bréeflie examine how he auoideth that which hath béen so necessarilie gathered of his former spéeches which is that according to his construction it may happen euen the best men we haue to be destitute of any lawfull calling into the ministerie But in this section before he come so farre he maketh a kind of confession whereby he séemeth fit to be taken at his word as being presentlie in a reasonable good mind First He confesseth wee
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
where Noble men did vndertake that office Shall we thinke it méet that the renenues of the church should be alloted out to their maintenance according to their degrées Trulie either they must haue short commons or else their churches and seuerall parishes must content themselues without many such Semors Now let vs also brieflie consider what they teach concerning the persons that are to serue and to belong to this presbyteriall gouernement Our men in their bookes doo attribute the chiefest degrée of dignitie in their ecclesiasticall kingdome to the pastor the next to the doctor the elders whether knights lords earles dukes or princes must content themselues to be reckoned in the third place and the deacons in the fourth Yea the discipline of France suffereth the matter of preheminence betwixt deacons and anciens to be whelie vndercided where * Art 6. deâ— Anciens Diacres en la discipline de France they saie The deacons and anciens may not pretend any preheminence or superioritie the one aboue the other Now it must néeds be intended that the pastor is aboue the deacon whereby it will follow séeing they doo wey the deacons and anciens alike that the pastor is to be preferred afore them both which will no doubt be a verie seemelie matter where he is preferred in commission aboue his souereigne Lord. Yet * Simlerus de repub Heluet fol. 172. at Saint Galles in Switzerland where ministers haue an ordinarie authoritie with the rest in the Presbyterie it is thought more agréeable with scripture that a meere laie man should be chiefe and so doo they vse it Againe the consistories of Zurike and Basil doo wholie consist of laie men yet certeine Diuines and Ministers are â—oined as assistants to them But at * Simlerus ibid. fol. 148. Schaphausen ministers are not so much as called to be assistants But the reformed churches in France doo clearelie determine that the ministers are and ought to be Praesidents and chiefe in their * Art 4. du Consistoire en la discipl de France Daneus 2. parte Isago li. 2. cap. 20. consistories For they say The ministers of the word of God and the anciens make the consistorie of the church ouer which the said ministers ought to be praesidents Howbeit in the verie next article they set downe * Art 5. en la discipl de France that A ciuill magistrate may be called to the charge of an ancien in the consistorie so that the exercise of the one shall not hinder the exercise of the other nor shall be preiudiciall to the church Whereby may necessarilie be concluded that they thinke it requisite the pastor in the consistorie to take place before the prince if he be vouchsafed that worship as to be called amongst them Yet by their leaues they prouide not herein so fullie for the pastors souereigntie in that gouernement as they wéene if matters come to be decided by most voices For it can not be credible but that the prince or any Nobleman or great Gentleman shall easilie be able to win his fellow-assistants in consistorie being in all other respects farre his inferiors and many waies by all likelihood deuoted vnto him to be of his iudgement whensoeuer it shall happen that the Pastor and he doo varie in opinion For I haue not red that they mind in all matters to make the Pastor onelie of the Quorum And no maruell though they thus debase Princes by making them range with the rest of their Seniors and Church-gouernors considering how much soeuer they sarre in other points yet they iump in this to debar princes of that right of gouernement in matters and ouer persons ecclesiasticall which the word of God and all the examples of godlie kings in Iuda dooth afford vnto them Therefore one of them as in great scorne most slanderouslie vntrulie a Soldior of Barwike pag. 8. saith That for the princes pleasure poperie is turned into policie And afterward b Ibidem more traitorouslie If the prince with Gedeon Nadab Abihu Vzza Vzziah and Saule will intermedle without Gods warrant as she hath doone pag. 152 lin 20. with matters of religion pag. 157 lin 4. with Gods matters pag. 141 lin 21. she must thinke it no iniurie to be disobeied pag. 143 line 13. Agréeablie to which though not so round and peremptorie is that mislike which another of them hath hereof * T. C. pag. 157 161. that hir Paiestie hath preheminence and chéefe authoritie in determining of church causes and making ecclesiasticall orders and ceremonies and likewise * T. C. pa. 161 that hir Maiestie in councels for church matters is the chéese who should be onelie there an assistant A third of them also thinketh it inconuenient * Admo 2. that without hir Maiesties assent ecclesiasticall persons cannot make orders or ceremonies In which respect the a T. C. other before alledged thinketh it expedient that hir Maiestie should be of some particular parish and so in subiection to the censures of a presbyterie either to be suspended or excommunicated as occasion shall require Therfore a fourth of them prescribeth generallie to princes and all other whomesoeuer if they be not of their presbyterie b Ecclesiast discipl pag. 142. thus Of all these in a maner this is the onelie dutie that they suffer themselues easilie and willinglie to be ruled and gouerned by others whome God hath set ouer them But more particularlie c Ibi. pa. 285. else-where speaking of kings and magistrats he saith These no lesse than the rest must obey and yeeld to the iust authoritie of the ecclesiasticall magistrates Therefore another besides all these saith that not onelie d Daneus par 2. Isag li. 2. cap. 62. The consistorie may and ought to admonish the magistrate which is negligent in punishing vice but e Ibid. ca. 67. also may vpon knowledge of the cause taken excommunicate euen the cheefe magistrate vnto the which he ought to submit himselfe And therefore he saith that which is brought as out of Augustine that a prince may not be excommunicated In additio ad 3. 2. Thomae dooth not hinder this bicause it is false And least this dutie though it be verie rigorouslie exacted should but slenderlie be performed one of them f T. C. pa. 645 also saith Princes must remember to subiect themselues to the church and to submit their scepters to throwe downe their crownes before the church yea to licke the dust of the feet of the church Meaning as appeareth by the name of the Church their presbyterie And * Br. another whome I would not deigne to speake of but that he agreeth with them herein saith Kings must be bound with chaines and the nobles with fetters of yron meaning by the authoritie of the eldership or presbyterie And againe They must obeie the scepter that is to saie the gouernement of Christ in their elderships if they be christians
which scepter subdueth people vnto vs and the nations vnder our feet Moreouer speaking of hir Maiesties souereigntie in causes ecclesiasticall he saith The head Christ is pulled downe and the hand of the magistrate is set vp But as we haue now séene their ioint accord in taking from princes and throwing them downe from that power in ecclesiasticall gouernement where with all God hath adorned them so let vs consider how much naie hold little some of them doo attribute vnto princes in this behalfe For although our Abstractor who can temporise and plaie the part of a politike proctor of Presbyterie patrones a Pag. 92. dooth saie That hir Maiestie is a souereigne a sole and a lawfull gouernesse in all causes and ouer all persons ecclesiasticall yet other of them whome he loues and likes full well I dare saie doo b T. C. giue authoritie vnto princes to make ecclesiasticall decrées onlie when there is no lawfull ministerie Notwithstanding others of them c Admo 2. pag. 8. 57. thinke they may yéeld no further power vnto princes than to bind them to the restoring of their ecclesiasticall presbyteries that after that once performed they themselues may make vp their church-orders according vnto which the reformed churches in France doo attribute no more to the ciuill magistrate here in but d Art 24. de la discipline du France that Where the ministers doo saile in dutie there he must endeuour to cause them to be admonished according to the order of the discipline that is by the Consistories the Conferences and Synods either Prouinciall or Nationall Therefore e Danaeus par 2. Isag li. 2. cap. 17. one of them saith that This is the interest which good and faithfull magistrates haue that if they be present at the first nomination and election of ecclesiasticall persons yet they ought not to rule there For they may not nominate to the people or senate ecclesiasticall the persons to be chosen But a Ibid. ca. 19. in another place he confesseth that in old time the kings consent was required to be had vnto the Bishop which was chosen Bernard epist. 170. c. Reatina dist 63. before he was presented to the people And in the same place he addeth That when the Bishops See is void the prince ought not to enjoy the fruits of the Bishoprike Which saith he though by the royall prerogatiue it be obserued in France Yet Bernard epist. 224. dooth iustlie find fault with it because the said fruits might better be disposed of to the nourishment of the poore Yet one of our b Disciplina ecclesiast owne men dealeth a little more liberallie and saith Herein there is something proper and peculiar to the magistrats that they by their authoritie may order the state of the church at first and so preserue it being once ordered according to Gods will So that their meaning séemeth to be this that the prince must lend hir authoritie for the establishing of these their deuises and sée that no man interrupt them in their gouernement from time to time and so surcease and submit hir owne Highnesse and hir scepter in all church mattes to be ruled by the substantiall honest men and the minister of the parish where it shall happen hir Maiestie for the time to remaine For otherwise c T. C. 2. repl pag. 165. one of the chiefe of them is peremptorie and resolute that the prince hath not nor ought to haue any ordinarie authoritie for the making appointing or determining of any ecclesiasticall causes orders or ceremonies Whereby it may appeare that this whole sute of them doo agrée herein iust with the Papists who doo attribute vnto christian princes Power of fact but not of law and authoritie to Promote and set forward but not To appoint or intermedle with making of ecclesiasticall orders And yet forsooth they doo tell vs in great earness d Admon 2. pag. 2. that There is nothing in their bookes written of this matter that should offend any which either be or would seeme to be godlie Now about those that are to be implosed in this new kind of church gouernement there are diuerse opinions for the Discipline of France dooth a Des professeurs en la discipl de France mention certeine Regents and also Professors in diuinitie which may be called when a question about decision of any point of doctrine dooth arise neither of which persons or offices are mentioned in anie of our platformes that I remember Againe our b Admon 1. pag. 9. men doo make ministers to be of two sorts the one pastors and the other doctors so that both these two must concurre as necessarie members wherevpon with the elders and deacons their presbyterie must be raised but c Du Baptesine art 3. La discipl de France the Discipline of France maketh not a distinct person of the pastor from the doctor but noteth them as two seuerall properties incident according to the doctrine of S. Paule to be in a minister and preacher of the word And that is also the iudgement of Bullinger vpon the 4. to the Ephesians Also our reformers make the doctor to be the second man in their presbyterie yet d De eccles cap. 14. Bertrand affirmeth he ought to haue no place there except he be called by the rest as an Assistant e Admon 1. pag. 9. 11. Likewise our men with vs doo hold that deacons are to be placed in their consistories and presbyteries but the f Ibidem said Bertrand assureth himselfe they haue no place of dutie in that assemblie And such also is the practise of the church of France g Du consistoire art 4. le discipl d◠France where they decree thus The ministers of the word of God and the anciens doo make the consistorie of the church ouer which the said ministers ought to be praesidents and yet neuerthelesse the deacons may giue assistance to the consistorie for aduise vnto it so that they allow them a voice consultatiue but not decisiue in their church gouernement Furthermore our innouators will needs haue the deacons tied to the prouision for the poore so that without great impietie such a function in them may not by any other deuise whatsoeuer be altered yet h Simlerus fol. 752. in the reformed church of Zurike certeine late men without any imposition of hands are monethlie chosen for that purpose and haue the managing of the church stocke a T. C. pa. 192 Some of the principall inforcers of this new gouernement will néeds haue an order of widowes in their church plat And b Dane part 2. Isagog lib. 2. ca. 11. another of their fauourers though he setteth downe no necessitie thereof yet he thinketh it verie commodious to be reteined yet c Eccles discipl pag. 219 other of them not meanclie accompted of would persuade vs as he may herein easilie doo that they neither are necessarie
election as he himselfe obserueth * yet bicause Ibid. cap. 20. some was of opinion that in all elections we were to vse lots he refuseth their iudgement and saith that this is neuer to be vsed but when there is such an equalitie of all sides that otherwise it cannot be iudged which of manie ought to be preferred Furthermore our reformers by the drift of their spéeches deliuered in their bookes doo seeme for the most part to attribute the remoouing of the pastor or of any other church-officer to the presbyterie but * La discipl de France art 34. the Discipline of France adioineth to the Consistorie in this action the next Conference or vpon want thereof two other pastors not suspected Naie themselues doo establish a difference according to the diuersitie of times in their owne elections For they saie that In those places where * Des anciens diacres 〈◊〉 1. la disci de France their order is not yet established both the deacons and anciens shall be chosen by the common voices of the people together with their pastor but where the order is established there they are to be chosen by the Consistorie together with their minister By which words also it seemeth to me that in elections of ecclesiasticall officers they doo yeeld to their ministers a negatiue voice against all the rest Againe Our reformers doo earnestlie tell vs that the people are to giue their consent in all their elections and censures but * Lâ— confutaâ—ion de la dis ecclesiast some in France that like of that gouernement doo hold that it is not requisit Againe it is an vsuall practise among some of our mislikers vpon any discontentment or peraduenture vpon delight in some other trade of secular life to picke a quarell to giue ouer their calling insomuch that some of them haue deliuered it as sound doctrine that they might as lawfullie as any other merchants change their copie and betake themselues to a secular function But this is vtterlie condemned by the discipline of France where they saie * La discipl de France ar 10. that Those which be once chosen to the ministerie of the word ought to vnderstand that they are chosen to be ministers their whole life through if they be not thereof discharged lawfullie vpon good reasons and considerations yea and that by a prouinciall councell And as touching such as forsake their ministerie they shall be finallie excommunicate by the prouinciall synod if they repent not Now touching the inflicting of ecclesiasticall censures there is also some varietie of iudgement Our men as you haue heard require a consent or approbation of the people to such censures Ecclesiasticall as are to be imposed whereas the discipline of France * Des delinquans c. art 1. la disci de France requireth no such matter but appointeth three publike denuntiations by authoritie of the presbyterie to be made concerning obstinate offenders in the face of the church to see whether therby they may be called back to repentance before excoÌ„munication which at the last if the parties doo not submit themselues is to be pronounced by the minister after the said three publike intimations Likewise where vpon speciall occasion some minister is to be declared a Schismatike by that discipline none other are to * Art 5. la dis de France intermeddle therein but either the Conference or for want thereof three or foure other ministers of the next churches togither with the Anciens or Seniors of the said churches Neuerthelesse it is verie euident by * 1. ad Cor. â— scripture that S. Paule being absent did decree that the incestuous person should be excommunicate hauing there to neither publike denuntiation afore nor yet consent of anie other minister senior or deacon In * 1. ad Tim. 1 like maner did he alone excommunicate Alexander and Hymenaeus But the Abstractor both vtterlie against our owne Reformers and the discipline of the French church saith that * there is a Pag. 4 37. Discipline commanded by the Lord and in truth established by the lawes of hir Highnesse empire which * is Pag. 33 That euerie minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse So that he attributeth the whole authoritie of the presbyterie in matters of censure to the minister of euerie parish and the power giuen by others vnto the Conferences and Synods prouinciall he yeeldeth as it seemeth vnto the Bishop of the Diocesse There remaineth yet a little to be touched concerning as well the decision of all doubts which may arise touching doctrine or maners as also the making and establishing of lawes orders and ceremonies For doubts arising vpon matter of doctrine some of our plat-laiers doo make it as a thing incident to euerie presbyterie yet * Ad. 2. pa. 10 other of them doo reâ—raine it vnto the decision of a Conference consisting of Ministers And * Du consistoire art 10. la discipl de France the discipline of France dooth referre it both to the Conferences and the Synods determination yet so that the Ministers and Professors in diuinitie must onelie haue voices decisiue though the Anciens or Seniors may haue voices consultatiue and of aduise Neither is their agreement any better touching particular decisions of some points of doctrine For some of them doo mislike the orders of our church so farre that they thinke they may not lawfullie come to our ordinarie seruice nor communicate with vs for want of their dreamed of reformation but others though verie well disposed yet scrupulouslie affected in matters of no moment doo * plainelie testifie vnder Certeine godlie ministers their hands that this is schismaticall and that no man ought to sequester himselfe from the publike assemblies in respect of anie surmised inconueniences in our publike liturgie prescribed Againe some are of opinion as elsewhere before is alledged that Baptisme ministred by any not lawfullie called therevnto is wholie void but our Abstractor thinketh though manie of such as are commonlie reputed ministers are none indeed nor in law yet * that a Pa. 97. 98. 9â— common error conceiued otherwise of them shall make good and forceable the administration of sacraments and of other functions of the ministerie executed by them Also some of our Hot spurs cannot abide the hauing of godfathers and godmothers bicause they are not mentioned in scripture but the Discipline of France though it cannot * Du baptisme art 6. la disâ— de Franâ—â— exact them as of any necessitie being not commanded in the scripture yet dooth it verie well allow of them and establish their continuance Likewise * T. C. pag. 14â— some of our cheefe Reformers doo wholie mislike that baptisme vpon any occasion is ministred in a priuat place out of the church but the discipline of France thinketh this no vnlawfull thing and therfore aduiseth the minister
necessitie for the peace of the common weale Secondlie in cases of conueniencie for the honour of her highnesse person and lastly warranted by the holie Scriptures and lawes of God For though the statute make some men fit meÌ„for the Archb. to worke vpon as it were anuiles for him to strike vpon yet yâ— same statute imposeth no necessitie for the B. to worke without the word But if it bee lawfull by the word then by the lawe he may if hee will But if it be vnlawfull by the word then hee may not though hee would The lawe followeth Be it enacted that neither the king his heires and successours Kings of this Realme nor anie of their subiects of this Realme nor of the Kings dominions shall from thence foorth sue to the sea of Rome or vnto anie person or persons hauing or pretending anie authoritie by the same for licenses dispensations impositions faculties graunies rescriptes delegacies instrumentes or other writings of what kinde name c for the which anie license dispensation composition facultie graunt rescript delegacie instrument or other writing heeretofore hath bene vsed and accustomed to bee had and obtained at the sea of Rome or by authoritie thereof or of anie Prelate of this Realme nor of anie manner of other licenses dispensations compositions faculties grauntesâ— rescripts delegacies or anie other instruments or writings that in cases of necessitie may lawfullie be graunted without offending holie Scriptures and lawes of God Pag. 131 but that from hence-forth euerie such lisence c. afore named mentioned necessarie for your highnesse your heires or successours and your and their people and subiects vpon the due examination of the causes and qualities of the persons procuring such dispensations licenses c. shall be graunted had obtained from time to time within this your Realme and other your dominions and not else where in manner and forme following and no otherwise that is to saie the Archbishop of Canterburie for the time being and his successours shall haue power authoritie from time to time by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishoppe vnto your Maiestie and to your heires and successours Kinges of this Realme as well all manner such licenses dispensations faculties graunts rescripts delegacies instruments and all other writings for cases not being contrarie or repugnant to the holy Scriptures and lawes of God as heretofore hath bene accustomed to be had and obtained by your Highnesse or anie your most noble progenitors or anie of yours or their subiects at the sea of Rome or anie person or persons by authoritie of the same and all other licenses dispensations faculties c. in and for and vpon all such causes and matters as shall be conuenient and necessarie to be had for the honour and suretie of your Highnesse your heires and successours and the wealth and profit of this your Realme so that the said Archbishop or anie his successours in no manner wise shall graunt anie dispensation license rescript or anie other writing afore rehearsed for anie cause or matter repugnant to the law of almightie God This act is renued 1. Elizab. Prouided alwayes that this act nor anie thing or things therin contained shall be hereafter interpreted or expounded that your grace your nobles and subiects intend by the same to decline or varie from the congregation of Christ his Chruch in anie thing concerning the verie articles of the catholique faith of Christendome or in anie other thinges declared by holie Scripture and the worde of God necessarie for your and their saluations but onelie to make an ordinance by pollicie necessarie conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauine and spoile Pag. 132 In which act is set foorth vnto vs what great care and circumspection our auncestours in the twi-light of the Gospell had for the abolishing of corruptions and the establishing of a sincere gouernment both in the Church and common weale and how diligentlie and faithfullie they prouided that no manner of dispensations licenses or immunities should be had or obtained but in cases of necessitie in cases not contrarie or reâ—ugnant to the lawes of God in cases wherein the wealth profit peace and conseruation of the Realme requireth in cases conuenient for the honour and safetie of the kings person with a duâ— consideration alwaies of the causes and qualities for the which and of the persons to whom anie license or immunitie shoulde be graunted And therefore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the lawe of God the Archbishop may not dispence with the same 2 But the matter of hauing many benefices or beeing Non residents is repugnant to the lawes of God 3 Therefore the Archb may not dispence with the same Againe 1 Whatsoeuer is not necessarie for the wealth peace profit conseruation of the realme same by this statute is forbidden 2 But yâ— one man should inioy by waie of dispensation from Archb. liuings appointed for many men is not necessarie for the wealth peace profit conseruation of Realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safetie of her highnesse person same by this statute is forbidden Pag. 133 2 But it is not conuenient for honour safetie of her highnes persoÌ„ to haue the Archb. dispence for many benefices 3 Therefore by this statute the Archbishop is forbidden to dispence c. THE Minor proposition of the first Syllogisme hath bene alreadie sufficientlie prooued by many infallible conclusions of Lawe and vndoubted truths of the worde of God and therefore it is needlesse to make anie repetition thereof Onely I would haue the reader diligently to marke the words of the Statute forbidding all manner of Dispensations in anie matter or cause repugnant to the worde of God For though the aduersarie cauil that wee finde not in the Scriptures these tearines viz. Licenses Tollerations Dispensations c. preciselie specified in anie commandement prohibitorie in the Scriptures yet in as much as the matter or cause of dispensations sor manie benefices is there generallie forbidden as ambition pride couetousnesse â—â—rill of selues c. Therefore it followeth that by It is against the profit of the coÌ„moÌ„ vveale that the Archb. should dispence this 〈◊〉 Dispensations in this case are absolutelie inhibited The Minor proposition of the second Sillâ—gisme may be confirmed by three euident reasons First from the euent which by our owne common and bailie experience wee too too well knowe to be true For by the same we see a few wealthie and rich Prelates in pride and ioilitie to be mainteined and a great number of needie Stipendarie Curates and poore Ministers to be vtteriie desiâ—ute of meete and conuenient allowancco so that sometimes after
their decease their distressed wiues and children are forced either to be â—elâ—â—ued by the seuerall Parishes or their aboâ—des to the impouerishing of the same Parishes or else consirained to bâ—â— from place to place and so be chasâ—â—â—ed as roges Pag. 134. or pilier and steale and so bee punished as selons Secondlie by a comparison drawen from the other Statutes of the Realme prouiding that one rich and mightie man should not exercise manie seuarall mysteries trabes and faculties and so rob the poorer sort from the ordinarie meanes whereby they might liue well and honestlie in the common wealth The third reason is taken from an adiunâ—t or common accident to euerie common weale rightlie gouerned that is that the last Wils and Testaments of all and singular testators be dulie executed especiallie such as whereby the honour of God is promoted the Church and common weale manifeselie regarded but vnto the performance of the last wils and Testaments of manie patrons endowing mame Churches with large and ample possessions to the intent conuenient liuing might be alwaies prouided for pasrours to bee resiant and to feeve their posteritie wiâ—h the foode of life the worde of God there can be nothing more premdiciall or more deregatorie then that these seuerall patrimonies and inheritances appointed by seuerall patrons for seuerall pastors to such seuerall and good vses should by the dispensation of one man bee transformed and giuen to another vse contrarie 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 needie Ministers their wiues and children doo want a competent and conuenient mainteinance the same is not necessarie for the profit peace wealth and conseruation of the common weale 2 But that one man should by dispensation inioy many benefices is an occasion that poore needie Ministers their wiues and children doe want a competent conuenient maintainance 3 Therefore that one man should by dispensation inioy manie benefices is not necessarie for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion one man should inioy the offices and liuings of many men the same is not necessarie for the peace profit wealth conseruation of the common weale 2 But that one man should by dispensation inioy many benefices is an occasion that one man should inioy the offices and liuings of manie men 3 Therefore that one man should inioy by dispensation manie benefices is not necessarie for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and â—erogatorie to the last Wills testainents of testators disposing their patrimonie to lawfull and holie vses the same is not necessarie for the peace profit wealth and conseruation of the Realme 2 But that one man by dispensation shoulde inioye manie benefices is preiudiciall and derogatorie to such last Wils and Testaments 3 Therefore that one man by dispensation should inioye manie benefices is not necessarie for the peace profite wealth and conseruation of the Realme COncerning the validitie of the Minor proposition of my It is incoÌ„uenient for the honor safetie of her highnesse person for yâ— Archb. to dispeÌ„ce third syllogisme drawen from the conueniencie of her highnesse honour namelie that it is not conuenient for the honour suretie of her Highnesse person to leaue anie manner of authoritie for the Archbishop to dispence none may well doubt thereof but onelie such as respect more the pompe and glorie of an Archbishop then the dignitie and preheminence of a christian king For in good sooth this statute made principallie to abolish all vsurped power challenged by a forrain and Roâ—â—sh â—ope ouer Pag. 136. the king his subiects yet to authorise a vomesticall English Archb. in his roome containeth in it such a contrarietie such an absurditie as it is wonder how either anie Archb. durst challenge the execution thereof or else how her highnesse must noble father brother her Highnesse owne person could endure the same so long vncancelled and vnrepealed especiallie the same being most presudiciall to their regall crownes and dignities For first by the vertue of this statute it is enioyned the Archbishop and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for any cause or matter repugnant to the law of almightie God Secondly it is permitted vnto the sayde Archbishop and his successours by their discretions to graunt vnto the kinges Maiestie and to his heires and successours Kinges of this Realme all manner such licenses c. as heretofore haue bene accustomed to be 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 Maiestie of God or preiudice to hir highnesie prerogatiue cannot possible establish a sound and perfect lawe For first in as much as the Popes person was neuer duely 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 Againe In as much as the truth of the Gospell warraunteth vs that symony â—sury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and tymes not eating of flesh in Lent and such lyke are against the Law of God it is euident that dispensations graunted at that time for these and such like thinges at the Sea of Rome were graunted in causes and matters repugnant to the law of God and so by the former braunch of this statute being precisely dissalowed cannot by the Pag. 1 37. second braunch of the same bee generally approued For how can one and the selfe samelawe forbid and commaund thinges so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vpon a law so contrary and repugnant vnto it selfe If the Archbishop shall thinke that these two braunches may be reconciled and that the meaning of the former may and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtained at that time at the sea of Rome for matters not contrary or repugnant to the lawe of God yet neither by this interpretatioÌ„ is yâ— Archbishop truely intituled vnto any authority thereby to dispeÌ„ce for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtained at yâ— time at the sea of Rome were obtained for matters repugnant vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this starute
in the f c. Clericum c. sequente ib idem Councell of Chalcedon that a man may be a Bishop of one place and an Archbishop of another all at one time yet the one by title the other by way of Commendam like as we read of Oswald who in the daies of king Edgar before the conquest reteined both the Archbishoprike of Yorke and the bishoprike of Worcester together An example also here of more ancient dooth appeere in the g c. relatio c. vl ibidem daies of Gregorie the Great where by his appointment one was both Bishop of Terracon and Bishop of Funda at one time yet the one by title and the other Commended vnto him by waie of trust for tuition And the glosse hath verie well gathered out of Hostiensis fiue other causes wherein two benefices may be committed vnto one man to be holden in title h c. vnio 10. q. 3. c. eam te Ext. de aetat qual First when the churches be of poore and meane reuenue i c. vli §. sique dist 70. Next by the dispensation of the Bishop so that it be in his owne diocesse and in simple benefices for k Add. ad gl ver in duabus ibidem otherwise it belongeth saith he to the Pope to dispense l c. 1. in fine 21. q. 1. Thirdlie for scarsitie of sufficient men to serue in that function vpon which consideration the canon alloweth in villages in the countrie one man to haue two benefices m c. relatio d. c. de multa c. ordinarâ— Fourthlie by dispensation of him that hath authoritie which in those times they attributed to the Pope n Gl. in ver pendeant c. eam te Ext. de aetat qual c. super co c. cum singula in pri ver nisi vnus de prebendis in 6. Fistlie and lastlie if one benefice be annexed or doo depend vpon another 7. Section Pag. 113 114 115 116. THe Abstractor seemeth in this section so big with matter that he confusedlie shuffleth togither the confutation of his aduersaries supposed obiections with the proofes which he bringeth to ouerthrowe dispensations as not knowing whether of them he had best to be first deliuered of and yet it will prooue but a timpanie which in this maner dooth no lesse trouble him than if it were an arrow sticking in a dogs leg First of all he here telleth vs that Although the magistrate in some cases besides the law may licence and dispense yet in the matter of pluralities it will not be found being as much in effect as if he had said None authoritie whatsoeuer can lawfullie warrant a man to reteine two benefices This neuerthelesse he leaueth vnproued wholie and passeth on by waie of obiection vpon ground of certeine generall rules to frame for those which are Abbettours of pluralists a reason which I will breefelie gather into a syllogisme though he haue onelie framed an enthymeme thereof and in steed of the antecedent to wit Pag. 120 that Churches were founded and distinguished by law positiue which afterward he affirmeth to be vnture he héere denieth not that but the Consequence as vnnecessarie and sophisticall The argument may be thus gathered The same authoritie which hath first distinguished churches may vnite them againe For the reason and ground whereof he bringeth these generall rules He may pull downe who hath set vp and the interpretation of the law belongeth to the law-maker But the authoritie of positiue law hath first distinguished churches Ergo the authoritie of Positiue law may vnite them againe To those generall rules in the first place he answereth that If they be generallie vnderstood without limitation distinction they be either vtterlie false or else contrarie and repugnant to other principles of law Truelie this is verie strange law vnto me to heare that one principle of law is contrarie to another If he had said repugnant alone it had béene tolerable but he speaketh with a copulatiue and saith they are both contrarie and repugnant Wherin also he ouerleapt his Logike a little for there can be no doubt but that euerie Contrarietie is a Repugnancie though not contrariwise And I alwaies was charged to beléeue that there were no Antinomies in law though yet this be true that méere contrarieties yea and contradictions also as afore hath bene touched may be collected and will follow vpon those reasons which may be gathered vpon generall rules And therefore the safest and most sound reasoning is drawne from the particular decisions of law and not by the inâ—nit disputes and altercations as Tullie calleth them arising of generall rules And where he saith that If they be generallie vnderstood without limitation they be false how can he applie this anie waie to his purpose Except happislie he will reason in this sort There are some cases wherin they faile Therfore they faile in this point also which we now speake of and then this is a Fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Also where he secondarilie answereth that No Maxime in law is so infallible but that it receiueth limitations and restrictions he saith trulie though to his purpose verie impertinentlie except he could shew that in this case which we now haue in hand it is so limited and restrained as he would inforce And yet by the waie it may please him to call to mind that now he Inconstant dealing condemneth that reasoning vpon generall rules As weake and without any sure settling which so oft he himselfe in the first treatise hath vsed Also in this place we may obserue a contradiction by him deliuered where he saith No rule A plaine contradiction can be so generallie giuen that receiueth not some limitations which is as he affirmeth an infallible Maxime in law For either this Maxime generall rule must not be so infallible but that it shall receiue some limitations or else that other must be vntrue that there is no generall rule but it hath his limitations But he leaueth at the last these reasons of randon for proofe onelie that generall rules may receiue limitations and taketh now vpon him to prooue that these two rules then doo faile in déed and receiue limitation when the cause of the prohibition is perpetuall But his proofe hereof is nothing else but his owne assertion without either law or interpreâ—or of law which so dooth limit it For in déed the law which he here quoteth and the glosse which alledgeth that law saith nothing else but * L. 35. si stipulor ff de verb. obliga this that If I take stipulation or bond of a man to doo that which either nature forbiddeth to be done or which the lawes doo forbid so that there shall be a perpetuall cause of the said prohibition the bond is void But how dooth this prooue that the generall rules afore touched be limited and distinguished by this law whereof it maketh no mention Yet if we should
power should be drawne and extended to the iniurie and damage of others And it might haue better beene brought in argument to prooue that he which enioyeth a benefice by dispensation as to the effect of obseruing publike lawes incident to be practised in his ministerie is no more free than others Yet I will admit that by waie of argument it may also prooue the effect of that which is done by priuilege and of that which is done by common right sometime to be alike but hereof or by the former it will not follow that a priuilege or dispensation must haue all the necessarie adiuncts of a generall law which is his purpose And it is woorth the obseruing that bicause Rebuff hath an allegation out of Decius immediatlie following the place by him alledged he quoted therefore in his margine Dec. l. liberos as though it were the tenth law of that title Neither is it true that euerie publike law must necessarie Tend to the honour of God and to the peace and safetie of the realme for there are manie lawes which are referred and doo tend to the benefit and profit of the common-weale as for assise of bread and ale and other victuals for currieng of leather and true making of clothes c which are not referred either to the aduancement of the honor of God or safetie of the realme otherwise than as all particular lawfull actions whatsoeuer of any man may be referred to them 10. Section Pag. 120. 121 122 123 124. HEre this man full of singularitie yet but a single soled singular man will shew if he can how Pluralitie men do beguile themselues with an euident and palpable fallacie in handling whereof he moileth and laboureth to roll vp Sisyphus stone which still tumbleth downe vpon himselfe againe and like him whome the old Satyre would not diuell with he bloweth both hot and cold affirming that which before he had denied yet plaieth otherwise as much vpon the aduantage as so bad a defense had néed of For to giue vnto his discourse some lustre and colour of probabilitie he will not vse the name of Parishes but of Churches and bicause some thing incident to this disputation may be spoken of establishing which can not be verified of distinguishing churches and of vniting which can not be taking awaie he speaketh of these copulatiuelie and so maketh a fallacie A pluribus interrogationibus vt vna The argument which he frameth for pluralitie men bicause they forsooth could not doo it skilfullie and after dooth skirmish with it will not be amisse to set downe togither with his forces bsed against it Whatsoeuer is established faith he by man alone the same may be taken awaie and vnited by man alone But churches that is to saie congregations of the Lords people pastors of these assemblies and the liuings for the pastors of these assemblies were established and distinguished by man alone Therefore churches pastors and liuings for pastors may be taken awaie and vnited by man alone The Minor hereof he denieth as false vpon the equiuocation of the word churches which hath in all thrée acceptions whereof two he saith doo make the said proposition false The first signification of that word with him is Congregations and assemblies of people which hereby he prooueth not To be established and distinguished by man alone bicause the Lord hath willed all his people to gather assemble themselues togither to thâ—intent they shuld cal vpon his name bicause it is impossible for al the people to * An absurd reasoning be assembled into one place or to heare one mans voice This reason may serue to prooue that God establisheth assemblies and that there must of necessarie consequence be distinction and diuision of assemblies but it can not be racked to giue anie testimonie that either the maner thereof the number of people or the quantitie of ground is prescribed and as it were troden out by God which is the point of the issue Yea the * Pag. 124. Abstractor himselfe confesseth that Where the congregation is too great it is lawfull to make it lesse and where it is too little to make it greater and wisheth * Pag. 122. this is reformed which may not be done as he himselfe afore reasoneth if this distination of assemblies which we haue had bene made by God And he might as well gather bicause God hath appointed a distinction in proprietie of lands and goods to be reteined amongst men that therefore God hath distinguished butted bounded and meared out euerie manors and lands as they lie in seueralitie from others and hath likewise made this allotment and proportion of goods which euerie seuerall man enioieth And then may we blot out of the register the writ De perambulatione facienda and condemne all their indeuors which by honest meanes seeke the increase of their substance And yet notwithstanding this his loose reasoning he descendeth boldlie from hence to an vncharitable and Pharisaicall inuectiue which is an vsuall vse-making of their generall doctrines condemning all pluralitie men for Little preaching for wearines of well dooing and respect to grease themselues with the fat of the peoples labour It is well he leaueth vnto them some preaching whereas his clients for the most part doo but speake for so they themselues doo terme it not vnproperlie and some well dooing which some like himselfe can neuer be wearie of bicause they vse well dooing and well speaking both in one measure But his saints of his own canonizing may not in anie case be touched with fatting their purses with other mens labours yea though they should laie their mony to vsurie which is holden with some of them scarse for a Peccadillo or though they should besides the reuenues and fruits of their liuings allotted to them haue a Comorth and contribution yearely made for them which serueth for a fée to hire them to speake nothing vnto their good maisters and dames but Placentia which is best compassed with all such as haue Itching eares by bold brasen inuectiues against authoritie and against the present state of the church and by kéeping deepe silence of all vsurie circumuention ingrossing false wares inclosures of commons monopolies extortions and oppressions for these be biles which may not de handled if they mind to haue anie more of their custome But the Abstractor letteth also this hold go bicause it is too slipperie dooth gesse that by churches in the former reason we will vnderstand liuings of churches which he inforceth not to haue beene established and distinguished by man alone bicause God hath ordeined that they which preach the gospell should liue of the gospell Wherein lurketh a double fallacie first vpon ioining by a copulatiue both establishing and distinguishing in one yoke togither whereas though A fallacie à pluribus interrog vt vna God did thereby establish that pastors should haue liuings yet did he not distinguish them how they should be vsed in seueralties one
equanimitie the people of Israell importuned and obteined in sort at Sauls hands the pardon of Ionathas his sonne who had offended the law positiue and might as iustlie haue béene executed as he was lawfullie pardoned And yet was that law grounded of the law of God which vnder the name of parents doo command vs generallie to obeie all our superiours and their lawes not repugning to his euerlasting will The two last places that are quoted one out of the glosse and the other out of the text speake no one word of the restraining of the Popes power in dispensing with the law of nature or of God for the which they are brought Againe it might be answered as afore that the lawe forbidding pluralities dooth not thereby take away dispensations for them for if there were no prohibition there néeded no dispensation also that those vices which are forbidden by the law of nature and of God are no necessarie effects of enioieng a pluralitie that such dispensation taketh more portion of Iustice than of Grace and therefore is not much different from a declaration that the generall law against pluralities in such a mans case dooth or may verie well cease And lastlie that if these were of the lawe of God and of nature yet they might be declared and interpreted how farre they reach and doo bind though indeed the bonds of the lawes of God and nature remaining they may not be by anie but God himselfe released And therefore this reason that such authoritie cannot be yeelded to the Archbishop is manie waies easilie ouerblowne by the grounds of that which hath beene afore deliuered 12. Section Pag. 125 126 127. HE which in all this treatise goeth about to prooue Dispensations for manie benefices vnlawfull as though either there were no lawe to warrant them by canon or statute dooth here tell vs of certeine Defects in the qualitie of the person to be dispensed with which are iust causes in law to frustrate and make void euerie dispensation If he had said euerie such dispensation it had beene more probable whereby will follow if those defects and such like be the onelie causes which make void by law a dispensation then where no such defect nor any other by lawe set downe can be found that the dispensation shall be lawfull and so he hath like the euill seruant condemned himselfe by his owne mouth For Exceptio firmat regulam in casibus non exceptis as hath been alledged in the former treatise And if all this which he speaketh here concerning the qualities of the person to be dispensed with and the causes inducing dispensation were granted can he thereby gather dispensations for mo benefices to be vnlawfull Truelic he must first presume without proofe and against all reason that all or the most of these are neglected in granting dispensations before the other will follow But euen here he standeth vpon an vnsure ground and deliuereth that which is not true For he saith that A man qualified and in all respects capable of a dispensation may not enioy the same without iust cause warranted by lawe Whereas his owne author Rebuff Rebuff de disp ad plura nu 43. dooth teach him that amongst diuerse causes to induce a dispensation the excellencie or prerogatiue and qualities of the person as knowledge and nobilitie of birth are of the first and cheefe causes thereof not that both these must necessarilie concurre and ioine in euerie seuerall person but that either of them by canon especiallie learning may suffice In which respect * In c. de multa Ext. de prebend vlt. notab Panormitane saith Note it well that learned men are matched here with noblemen or gentlemen by birth And so the church ought to honour learned personages not onelie in word but indeed as in prouiding more liberallie to helpe and releeue them by the churches reuenues than for others not so learned And this is the reason hereof bicause learning dooth not onelie profit the owner but also the vniuersall church For the world cannot be gouerned without learned men as it is to be seene Auth. hibita C. ne filius pro patre And another law saith that the vniuersall church requireth greatlie learned men for the better gouerning of it C. cum ex eo de elect in 6. And the said author in another * Panormit in c. innotuit Ext. de elect in 6. notab place plainelie decideth that the prerogatiue and qualities of the person is a sufficient reason wherevpon to ground this dispensation Where the text c. innotuit Ext de elect saith That for the prerogatiue of the person he may be postulated it is to be noted that the onelie excellencie of deserts is sufficient to induce the prince or him that hath authoritie to dispense although the necessitie of the church or euident vtilitie doo not concurre therewith Neither dooth this Canon saie that all those qualities there reckoned must necessarilie concur in euerie dispensation for then should it be requisite also that some about him which dispenseth should haue knowne the partie at schoole or in the vniuersities Neither yet dooth any thing by him brought in this place giue any pretext or resemblance to disanull a dispensation for him in whom these qualities shall not be found as the Abstractor gathereth before any such matter be scattered 13. Section Pag. 127 128 129. THe Abstractor cannot inforce vpon these woordes When reason shall require a dispensation may be granted that therefore not onelie the qualities requisite but some cause besides them must concur bicause it is shewed before that the qualities of the person to be dispensed with is of it selfe a cause sufficient there vnto The next place to this which he quoteth is impertinent to this purpose of dispensation for pluralitie and onelie speaketh of a iust cause of commutation of a vow and so dooth the other chapter which he saith is so Plaine and euident For the decision there is that Forsomuch as the cause wherevpon the vow was vndertaken did cease therefore the vow it selfe being the effect might the more easilie cease and be conuerted into other godlie exercises so far is it from proofe that There must be some speciall cause knowne for the which euerie dispensation is to be granted to the which purpose it is brought And he hauing no better prooued than you haue heard that there must be good and iust cause of a dispensation dooth euen as slenderlie shew what those causes be For the decision of that chapter which to that end he quoteth is not so that Vrgent necessitie and euident vtilitie of the church are causes of granting these dispensations which we speake of but that for those causes the pope did tollerate one to continue Archbishop of Capua which was chosen therevnto though his learning were not exquisite but onelie competent The foure examples of dispensations which he laieth downe grounded vpon causes sufficient by him borrowed out of the canon law cannot by any
such souereigne is the lawgiuer himselfe or by presumed intention that they which made the law meant to yeeld power of dispensing with the rigor and extremitie of it vnto him in all * Arg. ex gl §. fina l. tale pactum ff de pactis such cases as by likelihood and probabilitie they themselues would haue dispensed with if they had bene in particular it ie opened and recounted vnto them at the first establishing of it But an inferiour vnto whom anie such authoritie is expresselie yet without full power and authoritie committed is to follow in all points the direction of his commission or where the same is defectiue the common positiue law concerning the ruling and guiding of such dispensations And this same presumed intention of the meaning of the lawemakers is the most proper cause that in my iudgement can be assigned generallie of euerie dispensation of this qualitie and condition Now when a c. si quis culpatur 23. q. 1. c. in pres de renunciat gl in c. ad aures de temp ord in c. 2. de maior obed Cynus Bart. in l. fin C. Si contra ius vel vtil Fely nu 60. Dec. nu 24. in c. quae in cccle Ext. de constitut a souereigne prince dooth dispense with any positiue law of man the lawe teacheth vs to intend and presume both that there is a cause why he should so doo and that the same cause is iust and sufficient insomuch that b Anchor cons 288. Fulgos cons 143. Loazes pag. 371. no proofe to the contrarie of this presumption may be admitted as some doo hold but if he doo dispense with such a law of man as hath some necessarie and neere coherence with the law of God or of nature as for example sake we may assigne lawes for distribution of almes and other beneficence to the poore godlie bequests and deuises of the dead vnto good vses without a good and sufficient cause in déed though both the dispenser and he which is dispensed with in vsing of it doo in the inward court of conscience and before God offend yet neuerthelesse that verie relaxation of the bond there of being onlie of man shall stand so farre foorth good and effectuall as that the acts c Fely vt supra nu 6. Bart. post gl in l. relegati ff de poenis which by vertue thereof are doone shall be in the court of man auailable and not to be impugned Yea by the opinion of some verie well learned such acts doone shall be of force d Syluest rer Papa que 15 euen in the inward court of a mans soule and conscience For example wherof they bring a dispensation granted without any cause for the mainteining and sirengthening of a clandestine matrimonie contracted which is condemned iustlie by the law of man vpon verie good and pithie reasons And howsoeuer both the parties themselues saie they haue offended therin first in so contracting then in vsing a dispensation vpon no iust ground and he also that shall condescend to dispense with it being mooued with no good reason therevnto yet the matrimonie shall be of force and the issue thereof is in both courts legitimate And whereas a Fortun in l. Gallus §. quid si tantū ff de l. post some doo seeme to be of contrarie opinion héerein which thinke such a dispensation granted without cause not to enable any act to be of force which is done by vertue thereof their opinion is thought not to be sound except it be vnderstood of an inferiour that shall by commission haue a limited and not full authoritie from the souereigne to dispense b Innoc. in c. cum ad monasterium de statu regulaerium in c. dudū 2. Ext. de electio bicause such a dispensation from him cannot be of any validitie either in the one court or the other except it be warranted as procéeding vpon some good cause For we are not by law to presume and intend for the goodnesse and sufficiencie of the c Fely in c. que in ecclesiarum Ext. de constitut gl DD. in L. relegati ff de poenis est com opinion Loazes in loco citato cause for any dispensation passed by an inferiour not endowed with full power and authoritie vnlesse it doo so appeare indéed Now on the other side if he that hath authoritie be he souereigne or inferiour doo grant a dispensation without any reasonable cause about such a law as is méerelie positiue and hauing none immediate or néere relation vnto the law of God or of nature then albeit he in so dispensing d Ber. in c. non est Ext. de vnto Thom. 1. 2. q. 97. ar 4. dooth offend by breaking that right and equabilitie of the law intended to publike good and which is common to all in fauour of one yea and that without any iust cause of preheminence to him aboue other yet he that vseth such dispensation especiallie if it be without greeuous offense giuen and direct damage of others dooth not e Gl. in ver execrabilis Ext. execrab de praebend Fely c. ad audientiam 2. de rescriptis Gigas de pensi q. 6. nu 13. offend against a good conscience but may lawfullie inioy it bicause he is by the same authoritie deliuered from the bond of that law by the which he stood bound as is euident in the verie matter of pluralitie and dispensation which we haue in hand And according to these distinctions are all those things to be vnderstood which to like purpose here and there in this treatise as occasion was or shall be offered are by me vttered whereby the grounds and causes wherevpon all dispensations and exemptions may lawfullie and safelie be granted and vsed according to the more sound opinion of the best learned lawyers and schoolemen may partlie I hope with some plainenesse be discouered But if it should be asked in which degrée and sort of these three dispensations those for pluralities which by statute of the realme are committed to the Archbishop of Canturburie ought to be placed Truelie in consideration that both they and other dispensations by him to be granted are there so bounded for the matters themselues and for the persons though not for the maner of procéeding are so exacted of him to passe them where iust cause appeareth that if he shall refuse to dispense then this power and authoritie giuen by the whole church and the realme to him shall be deuolued ouer to others I cannot see but that they are to be reckoned either amongst those Dispensations of iustice which are conuersant about the positiue lawes of man or amongst such as be mixt of both 14. Section Pag. 129 130 131 132 133 134 135. HEere the Abstractor fansieth that he hath so battered vs with his canons that we must be forced to raise a rampier of our statutes to make vp the breach whereas in truth
respect him more than the dignitie and preeminence of a christian king As though that which was giuen by parlement were vsurped or he that claimeth it not as inuested or incident vnto him by anie right but as a trust recommended vnto him by the whole realme whose minister he is in this respect could be iustlie said to haue preeminence aboue the king For the Abstractor might as well gather that the Lord Chancellor hauing manie great and weightie matters of confidence and trust by parlement and the common law laid vpon him as namelie Vpon complaint made that the Archbishop refuseth to grant dispensation to any person that of a good iust and reasonable cause ought to haue the same to direct a writ inioining him vpon a certeine paine by his discretiō to be limited to grant might therefore be said to haue preeminence hereby ouer the Archbishop and consequentlie by his collection ouer the Queenes Highnesse But before I come to the examination of the proofes of his Minor I must put him in mind that his Maior is vntrue For neither is the statute prohibitorie of all dispensations Corrupt collectio◠of the statute not Conuenient for the honor suertie of hir Highnesse neither yet as hath beene afore shewed doo those words reach anie further than to dispensations in vnaccustomed cases for the princes owne person The Absurditie and contrarietie he saith is first in this point bicause The Archbishop is authorized to grant dispensation vnto the prince in such cases as haue bene accustomed to be granted at the See of Rome whereas the pope was neuer anie lawfull magistrate in the church of God and therefore euerie dispensation granted by him was against the law of God as granted by one that was no member of the church of God Trulie my wits be passing dull which can not perceiue how these doo hang togither Might he not haue beene a member though he were not head of the church Or dispense with some humane law without breach of Gods law Or might it not be that dispensations were accustomablie granted by him though he were not head of the church Or might it not be that dispensations were accustomablie granted by him though he were not a lawfull magistrate or dispenser Or may not the Archbishop by lawfull authoritie committed vnto him dispense in such humane lawes as hath beene accustomed though the pope were an vsurper herein Or lastlie if all these were admitted dooth it here vpon follow that there is a contrarietie and absurditie in the statute Assuredlie he had néed to be a kind and tender-harted man that will yeeld himselfe to be ouercome with such reasons His second reason for proofe of the contrarietie is to this effect Dispensations for vsurie periurie incest adulterie c were accustomablie granted at the Sée of Rome But dispensations for such crimes are against the word of God Therfore such dispensations as were accustomablie granted at the Sée of Rome were contrarie to the word of God Which is a verie childish Ignorance of the elench concluding of meere particulars and therfore neither in mood nor figure of argument For although some were such that were there granted yet it dooth not follow that all dispensations from thence were of like nature but the Archbishop by authoritie of that statute may dispense with none but such as be not against the word of God But here the Abstractor hath ioined with such as vndoubtedlie are against the word of God Non residencie and manie benefices The latter whereof is the matter in controuersie whereby this is Petitio principij and the first can not be dispensed with during life for that the * 1. H. 8. c. 13. statute maketh such dispensations void subiecteth the partie vsing them to a grieuous penaltie But where he maketh Not eating flesh in Lent to be a matter repugnant to the law of God whereby he inferreth such dispensation to be vnlawfull he must needs confesse that he was in his fit and knew not what he said for if to absteine from flesh in Lent vpon cōmandement and by positiue and politike ordinance be as he saith Superstitious and a matter repugnant to the law of God then as it séemeth should a dispensation to doo it which restoreth the former libertie of eating flesh be more agréeable to Gods word and the more meet to be vsed But neither eating nor yet not eating of flesh at anie time is of the law of God Quia esca nos non commendat Deo neque regnum Dei est in cibo potu nihil quod intrat in os coinquinat hominem so that to dispense herewith either to eat or not to eat can not be vnlawfull And that this obseruation of fishdaies is but a politike constitution it is * 5. Eliz. c. 5. explaned elsewhere by act of parlement whereby also he and others which shall affirme otherwise of the intent of the prohibition to eat flesh on certeine daies are to be punished as spreaders of false newes But at the last he stumbleth vpon the right interpretation that the Archbishop ordinarilie is but to dispense with matters accustomed to be dispensed with at the See of Rome and not then simplie but onelie so farre forth as they were not contrarie or repugnant to the word of God Whereby he straight inferreth besides those which are afore spoken vnto that he is not hereby Intituled to dispense for simonie Non residencie mariages in Lent c bicause those are matters he saith repugnant to the law of God Touching simonie it can not be denied but it is a greeuous fault yet forbidden by the positiue law of man onelie albeit Canonists for the most part haue deriued it from the offense of Simon Magus and hath his grounds and reasons verie weightilie deduced from the law of God and the light of nature Notwithstanding our author hath almost wholie qualified and dispensed with it as much as he could with little honestie in his first treatise namelie By right of couenants by the well liking of the people by a good fire in the hall once in a yeare and by a slyuer of bread at the patrons doore But if Non residencie be against the law of God absolutelie and directlie and not by euent and consequence onelie then must it be against some of the ten commandemeuts and thereby will it follow that as vpon none occasion anie of them may be transgressed so will it be sinfull for a man vpon anie cause whatsoeuer at anie time to be awaie from his benefice though it were but an houre no more than a man may kill for an houres space Lastlie where he affirmeth Marriages in Lent to be repugnant to Gods law and therfore not dispensable except he will acknowledge that he was in his melancholike mood in a little house hard beside himselfe he may happen for this saieng to be grauelie censured by the eldership where he hanteth But if the prohibition of marriage for some
will rise to a full sufficiencie But I would wish those which thinke so might be tried but for seauen yeares togither how they could mainteine themselues and what hospitalitie they would vse by the tythes offrings or contributions from some seuerall score of housholds which I could name vnto them For as at the first the chiefe of euerie priuate mans wealth consisted In pecudibus pecoribus in cattell shéepe and goates whereupon it came to be called Pecunia so about the florishing time of the monarchie of Rome the chiefest part of their wealth either consisted or was esteemed Permancipia by the number of their seruants and bondmen In somuch that this word did herevpon and by their manner of selling Per mancipationem then vsed come to signifie all their moueable goods as Praedia hereditaments signified their vnmoueables Not * L. 3. Offic. onelie saith Tullie in lands or hereditaments the ciuill law drawne from nature dooth punish ill dealing and guile but also all deceit of fellers is excluded in the sale Mancipiorum of mooueables And againe It is manifest saith * L. 3. ff de diuers tempo praescript the law that prescription of long time hath place Tam in praedijs quà m in mancipijs as well in vnmooueables as in mooueables Whereby appeareth that not the Pluralists but the Abstractor is ignorantlie or Wilfullie blind which can make by a strange Alchimie of one bondman a whole houshold and of ten of them a sufficient parish in déed fit inough to mainteine such a profound doctor as he himselfe is That which he alledgeth out of Rebuff against the practise of the Pope and church of Rome which rather in dispensations respect the vtilitie of the partie than of the church which ought chieflie to be regarded perteineth to be defended by the patrones of poperie and not to this church of England against which his forces are bent Yet it argueth both that the benefiting of the partie though not chieflie may be respected and that a dispensation may in truth tend to the benefit of the church and therefore may be lawfull euen by his owne confession 17. Section Pag. 145 146 147 148 149 150 151. THis man surelie hath a great gift of a little more boldnesse than audacitie commeth vnto which not onelie prouoketh men to the examination of his wrested racked and falsified lawes but to the hinderance of hir Maiesties seruice and that he and his conâ—ederats might in the meane time trouble the vnitie of the church would set hir Highnesse commissioners aworke one against another as the diuell in the person of Frier Rush hath béene fained to haue done amongst the couent Which as he dooth malicioustie with odious comparisons against the ecclesiasticall men in the said commission so I doubt not but withall his factious flatterie is euen lothsome and importune to all the other imploied in that commission whome he maketh Sounder and better than the ecclesiasticall men and not onelie Godlie as they are indéed but so farre foorth as though he could not bestow this Epither vpon any of the other without derogation from them Which if it be not to sowe the seeds of dissention amongst the great men of the land I know not well what may be so accompted But those ecclesiasticall men in commission whome he so sawcilie debaseth are I hope all of them so borne vp with a good conscience that they feare not either the virulent and spitefull accusations of any such Grachus or Saturnius as this is neither are they afraid to haue their dooings orderlie sifted by whomsoeuer The lawes which he would haue at his intreatie some of The commissioners to put in execution doo make void he saith euerie dispensation granted for longer time than for seauen yeares to the enioieng of mo benefices than one But if the proofes which he hath alreadie brought to prooue them Contra 〈…〉 to be vnlawfull as being against Gods lawe and mans lawe be so substantiall as he would beare the simple in hand then come in these Lawes here to no purpose euen a daie after the faire For if no law warrant them they are void in themselues without anie further respect had vnto any circumstances about their granting But a little to runne ouer his proofes The first speaketh not of dispensations for pluralitie nor of the making void of them nor of any limitation of time to inioy them or to grant them but onelie that by ordinarie course of law a man is to be resident in his benefice albeit for a time and vpon a reasonable cause the Ordinarie may dispense with him for his non residence The glosse thereof he hath falsified For it saith not that the Pope cannot but that he which FalsificatioÌ„ was then Pope did not giue faculties of perpetuall non residence such as were granted by his predecessor And he resoneth as his vse is like a deepe Logician A specie ad genus negatiuè Bicause dispensations for non residence may An absurd reason not be granted during life Therefore no dispensations at all may be perpetuall The like may be answered to the next place which speaketh not of a facultie for pluralitie but De non promouendo Whereby such as were students abroad might be suffered to reteine a benefice by the space of seauen yeares without taking anie further orders than subdeaconship which thing neuertheles the Abstractor did omit and dooth cut off with an c. But in the * c. cum ex eo de elect in 6. preface of this constitution we haue an euident example to admonish vs of the necessarie reteining of some authoritie to dispense least lawes being generallie made for publike good by occurrences falling out afterward which could not be at the first foreséene be turned indeed to the damage and detriment of the church For in this constitution it is reported how by reason of a canon made in the councell of Lyons which exacted that within one yere he that would inioy a benefice should necessarilie become préest that few or none which were learned or meant to increase their knowledge would accept of anie parochiall benefice Whervpon the Bishop of Rome was now vrged to grant vnto Bishops libertie of dispensing for the space of seauen yeares to such as would be subdeacons De non promouendo so they continued in some place of studie But what is this to the practise of our church which hath by statute no facultie in force for a beneficed person with cure of soule De non promouendo For he must needs be of a certeine age and a 13. Eliz. c. 12. deacon before he can be admitted to such a benefice and within a yeare after he must be full minister vpon the penaltie and losse of his liuing Ipso facto And yet vpon the like danger for the which it was not thought méet that this kind of facultie should be granted during life he vrgeth the cutting off at the seauen yeares end of
the validitie of dispensations also for pluralitie But I answer that this constitution is penall and strict and therefore not to receiue anie such extension That the rule that the same reason maketh the like law hath manie limitations whereof some may be found to be appliable to this case and are touched in the former treatise and lastlie that in these two faculties the reasons be not alike For he that inioieth a pluralitie gouerneth and profiteth the church by his learning atteined in that place where he maketh his resiance whereas if a dispensation De non promouendo during the time he would remaine at studie should indefinitlie be granted without limitation then the partie might continuallie be a learner without euer profiting by instruction any part of the church in any place whereâ—oeuer Yea the law decideth this controuersie by permitting the grant of the one dispensation for life and making the other but temporarie which is aboue all dispute So that although he that is dispensed with to inioy two benefices be not accompted directlie to haue a facultie of non residence they two being diuerse yet is it by law * Gl. in c. in tantum Ext. de Praeb as to other accessaries necessarilie consecutiue without the which it could not else sort to effect to be extended also to conteine and implie this facultie * Gl. in c. non potest de prae in 6. Fely in c. fin Ext. de Simon Ias in l. beneficium ff de const principum Panorm in c. extirpand◠§. qui verò Ext. de Prebend that he need but to reside in the One of his benefices bicause no man can be personallie resident in two churches at one time Therefore out of the premisses I answer to his Maior proposition two waies First that if dispensation be taken for an administration of iustice and right as it is sometimes vsed then is the verie collation and institution of a worthie man a facultie whereby he may inioy the fruits of a parish church during life though not in his absence which is not here expressed and in this sense his Maior is vntrue as making all such to be void Againe there lurketh a fallacie in the equiuocation of the word Granted For if it be vnderstood of an expresse grant to him that shall be absent as I thinke he meaneth which is a direct facultie for non residence and be granted by an inferiour since the making of that constitution considering no absolute or souereigne prince such as the pope claimeth to be can thereby be tied otherwise than voluntarilie Quia par in parem non habet imperium then will I grant his conclusion But if he will extend the word granted so far as to carie all such grants whether expreslie so conceiued or but by implication onelie then is it to be denied as false bicause in a dispensation for pluralitie by the secret operation of lawe a faculitie of non residence vpon the one or the other benefice is necessarilie implied and allowed without expressing euen during the life of the partie And therefore there is no cause whie by collusion or indirectlie the Archbishop should seeke if he were so desirous in that sort to gratifie any man to renew their faculties of pluralities after seauen yeres séeing he may by law grant them for terme of life which may necessarilie be thereof inferred bicause the partie being instituted to a perpetuitie in both and dispensed with to reteine and keepe them it cannot be otherwise intended but that his dispensation shall last so long time as * c. si gratiosae Ext. de rescri c. satis peruersum dist 66. A confident and false asseueration he shall haue title vnto them which is during his life Therefore I cannot in truth maruell inough at the confidence of this man that so generallie dare auowch in the negatiue vpon no more ground then you see that Before the 25. of H. 8. no facultie was granted at the See of Rome or by authoritie thereof for the reteining as he meaneth of the fruits of any parish church longer than for seuen yeares space When as manie yet liuing are able to shew autentike buls whereof some I haue seene to the contrarie And Rebuff who * Rebuff in forma dispen ad duo in verb. quoad vixeris setteth downe the most ordinarie tenor of them as they were sped vsuallie in the court of Rome and maketh an exposition of them dooth shew that they were not onelie in title but also In commendam granted there for terme of life Yea though they had not beene there so granted yet the * 21. H. 8. c. 13 statute which throughout speaketh of Purchasing dispensation of taking receiuing and keeping of two benefices with institution and induction which bréedeth a title and that without any limitation or distinction of time dooth conuince him of arrogant vanitie in this behalfe For * 25. H. 8. c. 21 the statute for dispensations dooth not alonelie establish licences accustomed to be granted by the See of Rome as he vntrulie surmiseth but reacheth also in some sort vnto dispensations for any matter whatsoeuer not contrarie nor repugnant to the word of God And if he will affirme these dispensations during life to be contrarie to it then shall he not be anie more able to excuse those which are granted but for terme of seauen yeares which he seemeth to thinke lawfull than he may doo the other which be perpetuall And herevpon againe he telleth The commissioners that manie licences will vpon this point be found void which hath told vs by the scope of this whole discourse that all dispensations for pluralitie were simplie forbidden by lawe wherevpon it must néeds follow that they should be vtterlie Contrarietie void so that all this labour about making of them void vpon the Causes and circumstances of granting is hereby descried to be as needlesse and vaine as his proofes of the former indeuour were weake and feeble 18. Sect. Pag. 151 152 153 154 155 156. THe matters conteined in this section I do take it may verie conuenientlie be reduced to these foure heads that dispensations are to be granted with examination and looking into the cause that they must be granted at and according to the pâ—tition of the partie that nothing be expressed or concealed which by likelihood might haue induced the iudge to denie the dispensation and lastlie that he dispense not but where the law-maker himselfe would haue béene mooued to dispense by the equitie of the cause if the case in particular had beene opened vnto him Now if he meant hereby to instruct the Archbishop how to obserue law in granting such dispensations which he would beare vs in hand are wholie vnlawfull then hath he sadlie indeuoured himselfe as the prouerbe is to be starke mad yet with good reason and discreation Yet the Archbishop hath perhaps some cause to giue him thanks which out of that deepe buttrie and
materiall requisite therein to be knowne he hath deuised a proper new matter and interlude with diuerse interlocutors neuer plaid before wherin he plaieth all the parts himselfe and one besides By which in effect he must for his purpose collect thus The parlement would not grant to some man a dispensation for the reteining of two benefices Therefore it will denie vnto all men Or thus To him which hath sufficient alreadie they of the parlement would denie Therefore the Archbishop ought also to denie The first dooth not follow and the antecedent of the second is not necessarilie true Pag. 142 For the Abstractor himselfe hath deliuered that Dispensations are not to be granted for the necessitie or vtilitie of the dispensed but vpoÌ„ other vrgent necessity vtilitie of the church descent from ancient parentage or for excellent qualities of the mind All diuerse or some one of which may happen to be found in him which hath sufficiencie of maintenance alreadie by ecclesiasticall preferments Therefore the Maior of his syllogisme speaking of the parlement or the Archbishops passing of a dispensation to a man which hath two benefices alreadie is a vaine and childish supposall of a thing impossible the law standing as it dooth for he which presentlie dooth inioy two benefices with cure of soule or parish churches whereof onelie this treatise speaketh can not effectuallie be dispensed with for such another And besides the drift of his speeches it may otherwise be certeinelie presumed that he meaneth not in this discourse by Plurified men such of his dearlings as make no scruple of inioieng not onlie a Dualitie but a Trialitie or Totquot of prebends or such like ecclesiasticall promotions seldome or neuer comming thither to do any dutie yea and that without anie dispensation for else it were no bargaine Yet this is in verie truth the case which such lawes as he hath brought so bitterlie inueighing against pluralities doo for the most part speake of and meane for that by law they are reputed benefices as well as the rest yea although it were but a Prest-monie or pension out of anie ecclesiasticall preferment it ought not to be reteined togither with another without a dispensation So that if he deale anie more so strictlie and vnaduisedlie as to seeke the taking awaie in generall of all dispensations for mo benefices and therby call into question or endanger some mens holding of mo prebends or other ecclesiasticall promotions than one he may happen haue his proxie of speaking for them reuoked and be controlled hardlie besides The Minor also is but a loose and vncerteine coniecture what the parlement would doo in such a case For the Abstractor himselfe hath giuen sentence alreadie what they may doo by law if anie of the for 〈…〉 â—amed inducements be found in a man though otherwise sufficientlie prouided for Yet further he hath not decided or touched anie proofe of this if the Archbishop dispense where it is not likelie the parlement would so doo whether thereby the dispensation shall be void But the statute it selfe dooth Ex superabundanti decide all these points wherevpon the Abstractor so much ploddeth purposelie to make some dispensations void in some other respects bicause he can not prooue them to be simplie against law and also for to make the dooings of â—he Archbishop odious as though he did passe some faculties in other manner than law would warrant For the act dooth both set downe that in cases accustomed to be sped at the See of Rome and also in such as had not beene so accustomed being first allowed by the prince or his councell yet alwaies so that they were not contrarie or repugnant to the word of God the Archbishop might dispense for the which purpose also a booke of taxes of all such manner of dispensations in accustomed cases was agréed vpon and rated out by authoritie thereof and it dooth besides for the forâ—â—e and manner of procéeding in granting of them indow the Archbishop and his successors with Full power authoritie by themselues or by their sufficient and substantiall commissarie or deputie by their discretions from time to time to grant and dispose by an instrument vnder the name and seale of the said Archbishop to anie subiect c all maner licences dispensations c. By a Gemin in c. relaâ—â— 37. dist Imol. Fely in c. 1. de constit Ruinus cons 18. li. 10. Bart. in l. alio ff de aliment cib soc sen coÌ„s 170. li. 2. which words of Full power and authoritie and by their discretions they doo stand free and exempted as law dooth teach from the exact and limited obseruation of the order and course of law positiue concerning the maner of proceeding and doo onlie rest bound with the reason of the law of nature that therin they procéed not to deale anie waie dishonestlie Which condition euen in such Full and ample authorities whatsoeuer must be b L. 1. iunct l. dotalem l. in fraudeÌ„ l. si a milite §. 1. 2. ff de milit test l. 3. §. procurator ff quod quisque iuris alwaies vnderstood and obserued Now a Full and free authoritie of c Bald. in tracta statut verb. arbitrium disposition is noted to be of foure sorts in law First in the disposition of a mans owne priuate goods whereby he may choose that which hath lesse equitie and leaue that which hath greater l. fidei commissa § quanquam ff de legat 3. iuncta l. creditor § Lucius ff mandati Secondlie when it is not grounded vpon anie ordinarie law l. ante litem ff de procur ibid. libera potestas Thirdlie when without anie constraint or commandement of another a matter is fréelie and willinglie doone l. siquis maior C. de transact ibi Iason And fourthlie that is called full and free authoritie which néedeth not to obserue the solemnities of law l. 1. ff de Milit. testam Whereby it appeareth that albeit the Abstractor had prooued sufficientlie not onelie the said foure circumstances to be requisitie by ordinarie course of law in granting dispensations for pluralities but also to haue béene in such sort necessarie that the omission of anie of them should haue made void the facultie granted and also had proued that in truth they were omitted which he dooth but vainelie and beyond ground of law barelie surmise yet would the act of parlement we see by law haue deliuered all dispensed persons from anie such néedlesse feare and the Archbishop and his Commissarie from all iust blame 19. Section Pag. 156 157 158 159 160. IN this section the Abstractor toucheth these points especiallie that a cause for dispensation must be alleged and also prooued that howsoeuer some causes may perhaps be prooued yet other some can not that the cause béeing not prooued maketh the dispensation void with a declaration of his owne resolute opinion of some others touching such dispensations Concerning the first three the
answers before made may suffice The first of them he would prooue by similitude of other matters wherein a bare allegation without proofe is not sufficient Which though it might well be spared as being nothing doubtfull nor necessarilie concludent to his purpose yet I must tell him that his quotations in the margent doo not warrant that which is in the discourse For * Bartol in l. 1. C. de probat Bartol in the place quoted onelie saith that the plaintiffe is to prooue his action as the defendant is his exception The place quoted out of the Authentikes Collat. § teneantur and the next Glos Doct. in proem l. 6. are new-found directions which I cannot for my part skill of except by the latter of them he shuld meane the preface vpoÌ„ the Sext where yet no such thing is found That Of restitution of a church damnified wanteth wholie proofe where he saith The like is verified of him that is dispossessed of his goods in the time of his absence beyond the seas and thereto quoteth or ment to quote C. consultationibus Ext. de offic delegati He is to vnderstand that no such thing to any like purpose is there verified but that If a man pretended himselfe to haue beene eiected out of possession through wrong or force by some that is then trauelling abroad about studie or such necessarie occasion that possession may not be awarded in this case vnto him Touching the next and second point though the dispensations we handle were such as ought to be granted according to the strict course of proceeding in lawe yet one of the foure causes which is sufficient being so easie to be prooued as he himselfe dooth confesse we shall not need to expect a concurrence of them all as he must either here haue insinuated to be requisite or else must yeeld that he talketh impertinentlie to the matter Yet both necessitie and vtilitie to haue beene looked vnto in these dispensations may be shewed though not in the prerogatiue court amongst wils and administrations as he gesseth nor yet as arising by Not teaching the people as he calmuniousâ—ie dooth suggest But bicause it is more profitable for the people of two parishes to haue a learned man sometimes to instruct them and he thereby to be well mainteined than that they should be committed to two seuerall men though abiding with them continuallie yet not able to preach to anie purpose vnto them And both the consecution hereof and the thing it selfe considering the number of congregations and the raritie in comparison of them all of able preachers in England is or may be notorious to the world Yea and they are forced to take the like course for want of able preachers in other reformed churches abroad as in Holland Zeland and other places at this day where I wis they haue not all their ministers learned and able preachers but sundrie simple though godlie artisans to serue in their meaner congregations And if he tell vs here it were better in this case to haue an vnion though this cannot so be cast that either the people may or will come togither to one place but that euen then there must be chapels for easier resort in winter and for the elder and weaker sort at all times which is all one in effect with Pluralitie séeing the auditorie receiueth partition yet it were more thanke-worthie in him or in any other that could deuise a plat not onelie how all these and other difficulties and the inconueniences of innouation may be met with in these vnions but also the meanes how it might be compassed that patrones should willinglie relinquish their inheritance herein or ioine it according to this deuise with others Per alternas ternas aut quaternas vices or how it may stand with reason to breake the founders and testators wils in this case more than in the other In his entrance into the third point he contrarieth his Contrarietie owne saiengs as well afore where he assured the commissioners they should find Manie dispensations vpon omission of some circumstances to be void and thervpon their benefices void as here where he saith The most part of dispensations to be nothing in effect at all For here he alledgeth manie lawes onelie to prooue that such faculties ought to be reuoked and made void in lawe and so confoundeth Void in law and voidable onelie by law But to this third point I answer Insomuch the Archbishop hath by statute Full power and authoritie by his discretion to dispense whereby sufficient cause is alwaie presumed and he not tied to all these solemnities and circumstances and for that neither the places by the Abstractor afore alledged doo make a dispensation simplie void where such circumstances be omitted and bicause manie things may be done in other forme and maner than law prescribeth which are not in that respect void and adâ—â—hilate as hath béene shewed in the first treatise and lastlie bicause the allegation of these omissions is a matter in fact and by himselfe but surmised without proofe that although all his allegations of law here were directlie to his purpose that yet these dispensations are neither void nor voidable But in the fourth and last place he presseth vs with authoritie of The Lords seruants who speake against them preach against them and write against them Indeed a man may be the Lords seruant and so doo though thereby it dooth not follow that either they doo well and aduisedlie therein or that they perfectlie vnderstand the matter and the exigence of the cause or that therefore the thing is impious and wicked I haue knowne as great greater exclamation vsed against meere indifferent things now by them confessed so to be as though they had béene either simplie impious or so fowlie abused that they could not haue any tollerable vse euen by as godlie and learned men as these are which now he speaketh of But it is the abuse of some few carelesse men and not of the matter it selfe which giueth occasion of that offense which is taken and it were vnreasonable bicause caterpillers some yeare haue bred in your orchards in that respect to hew downe all your trees The philosopher saith Whatsoeuer hath his vse may be abused sauing vertue And so whatsoeuer may be abused being not simplie vicious and wicked may be well vsed And it is not the continuall aboad amongst their parishoners which none of them all doo nor the often but the sound orderlie and pithie preaching vpon necessarie points that dischargeth the dutie of the pastor who may be in truth as bad as Non resident though he were continuallie nailed to the pulpit as Luther once pleasantlie spake of Pomeran And those which by following this theame doo shoot at nothing else but to tie vp a good and learned diuine to a petit and meane salarie by yeare let them be assured that desolation of the exact studie of diuinitie and other good learning whereby onelie
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme 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 tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense 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 nowe authoritie 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 Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hareâ—â—â—excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe 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 of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot â—arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly 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 speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement 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 license ought to be had is not so much for the partie himselfe 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 words 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 preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell 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 license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of yâ— Ordinary of the place where he preacheth and â—o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume â—o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd
Touching the first protestation to be made promised and subscribed by them that shall 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 shall not preach or publikely interpret but onely reade that which is appointed by publike authoritie without special licence of the Bishop vnder his seale though her Maiesties most excellent name be vsed by the publishers of the sayd aduertisements for confirmation of them and that they affirme her M. to haue commanded them therevnto by her highnes letters yet because the booke it selfe commeth forth without her M priuiledge and is not printed by her M. Printer nor any in his name therefore it carrieth no such credite and authoritie with it as wherevnto her M. subiects are necessarily bound to subscribe hauing other lawes and other Iniunctions vnder her M. name and authorized by her M. priuiledge contrary to the same For her M. by her Iniunctions commaundeth euery Minister to preach within his owne cure without licence as before you haue heard But let vs goe forward It hath bene shewed before that euery one to be made a Deacon or a minister ought be to called tried examined knowen to haue such qualities as were requisite that mention also hath bene made of yâ— face of a church of the Latine tongue of many other circumstances necessary to that action all which things set downe rather generally then particularly described require a larger discourse Panormitan yâ— doctors vpon yâ— ciuil canonical law haue these coÌ„clusions Pag. 49 Statuta debent interpretari secundùm ius commune siue debentinterpretationem â—x n. â—a dictâ—â— de consuâ—tâ—â— nu 22. recipere à iure communi statuti verba dubia debent interpretari vt minùs laedat ius commune quà m sit possible Statutes ought to be interpreted according to common lawe or statutes ought to receiue their interpretation from common law and doubtfull words of a statute ought to be so construed that they be as little preiudiciall to the common lawe as is possible Out of which conclusions I collect this rule Namely that where a statute shall establish an office practized and had in vse before the making of the statute and shall require a calling a tryall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kind of calling of tryall of examination and such qualities c. that then such manner of calling of tryall of examination and such qualities are required by that statute to be in such an officer as by common right were requisite for such an officer before the making of that statute And because by the viewe of the former order it selfe it is very apparant that the same forme and order was appoynted by men very desirous to promote as much as in them lay the honour and glory of God and to abolish all superstitions and trumperies brought into his Church Therefore because I ought by duetie to conceiue their meaning to the best and most agreeable to their profession I say that they meant herein onely such calling such tryall such examination and such qualities as are requisite to be in a Deacon and in a Minister by the lawe of God Which is euident both by the order of prayer vsed at the time of their orderings and also by the Scripture read for that purpose The prayer followeth Almightie God which by thy diuine prouidence hast appoynted diuers orders of Ministers in the Church and diddest inspyre thyne holy Apostles to choose vnto this order of Deacons the first Martyr S. Steuen with other mercifully behold these thy seruaunts now called to the like office and administration Pag. 49 replenish them so with the truth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorye of thy name and profit of the Congregation thorough the merits of our Sauiour Iesus Christ who liueth and raigneth with thee and the holy Ghost now and euer Amen After this prayer followeth the Epistle out of Timothie Likewise must the Ministers be honest not double tongued not giuen to much wine neither greedy of filthy lucre but holding the misterie of the faith with a true conscience And let them first be proued and let them minister so that no man be able to reproue them Euen so must their wiues be honest not euill speakers but sober and faithfull in all things Let the Deacons be the husbands of one wife and such as rule their children well and their owne housholds For they that minister well get themselues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the sixt of the Acts. Then the twelue called the multitude of the Disciples together and sayd It is not meete that we should leaue the word of God and serue tables wherefore brethren looke ye out among you seuen men of honest report and full of the holy Ghost and wisedome to whome we may commit this businesse but we will giue our selues to continuall prayer and to the administration of the word And that saying pleased the whole multitude and they chose Steuen a man full of faith and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas and Nicolas a conuert of Antioche These they set before the Apostles and when they had prayed they layd their hands on them c. Pag. 50 The Communion ended shall be sayd this Collect. ALmighty God giuer of all good things which of thy great goodnesse hast vouchsafed to accept and take these thy seruaunts vnto the office of Deacons make them we beseech thee O Lord to be modest humble and constant in their ministration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the testimonie of a good conscience and continuing euer stable and strong Fol. 1. pag. 8. in thy Sonne Christ may so well vse themselues in this inferior office that they may be found worthy to be called to the higher ministeries in the Church thorough the same thy Sonne our Sauiour Christ to whome be glorie and honour world without ende Amen The Epistle appointed at the tyme of ordering of Ministers shall be read out of the twenty chapter of the Acts. FRom Mileto Paule sent messengers to Ephesus and called the Elders Foâ—â— pag. â— of the Congregation which when they were come to him he sayd vnto them Ye knowe that from the first day that I came into Asia after what manner I haue bene with you at all seasons seruing the Lorde with all humblenesse of minde and with many teares and temptations which happened vnto me by the layings awaite of the Iewes because I would keepe backe nothing that was profitable vnto you but to shew you and teach you