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
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
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
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
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
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
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
effects necessarilie proceeding from pluralities as from an efficient or formall cause but as faults which may be presumed to possesse those men which will be their owne caruers and iudges for the inuading of manie benefices without authoritie Yea and if dispensation for pluralitie were such as being strictlie so called dooth release the rigor and extremitie of the law positiue vpon fauor onlie and not for iust causes or equitie yet might the * Arg. l. sed eâ—sâ— lege §. contulit ff de petit haered l. 1. §. magis verb. prodeg ff si quid in fraud pat l. quia autem §. 1. ff quae in fraudeÌ„ cred iuncta l. 1. ff de constit princip prince or those to whom the law hath committed such full authoritie as in diuerse cases besides with a good conscience dispense in it euen as well as they may giue away their owne goods seeing this law is vndoubtedlie meerelie positiue Like as the prince may without offense to God pardon after the fault committed the life of a traitor or fellon vpon méere grace and bountie bicause the penaltie discendeth from law positiue though he can not dispense without sinne to God that in time to come a man may commit treason or fellonie bicause they are forbidden by the law of God And such pardon he may lawfullie grant euen without anie cause to one and denie to another as fréelie as he may create knights endenize * ff C. de natal restit in Auth. quibus modiâ— natur efficianturâ— legitimi legitimate and restore to blood whom he thinketh good and refuse to impart the like grace and fauor to other And this if it be for a matter past is by some termed an Indulgence or pardon if for a benefit to come a Dispensation for a present plesure or gratification is called a Priuilege There may be also good reason of granting these when as for some considerations it is profitable to grant such exemptions besides the generall ordinarie course and reason of the law For it may so fall out that the sauing of some condenmed mans life or granting of some immunitie may no lesse benefit the common-weale than to keepe a rigorous hand vpon the obseruation of the strict points of the generall law may doo harme For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be seasoned and swéetened with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the exact rigor of law must sometimes be moderated with with least it degenerat into inturie and tyrannie For it is sure that as no generall rule or definition can be giuen in law which in application to particular matters shall not faile and be limited with his exceptions so can there no generall rule of right or law be framed which in application to all times places persons whoÌ„ it may concerne shall not necessarilie require some priuileges exemptions dispensations and immunities either in regard of their excellencie well deseruing or in respect of their imbecillitie weakenes or some such like circumstance or other In which respect we are also taught by Aristotle and other wise philosophers Politicians that in all lawes administration of iustice we are partlie to obserue proportion Arythmeticall consisting in recompensing an equall thing with his equall which is a rule in trades negotiation traffike betwixt man man partlie the proportion Geometricall which is conuersant in distribution of honors or rewards in inflicting of punishments and therfore yeeldeth foorth an inequalitie in both according as the persons deserts are different and vnequall Whereby also we sée a common soldiors reward to be lesse than the Lieutenants or Generals a Noblemans death not to be so rigorouslic executed as the common sort iustlie are put vnto And this strict and proper acception of a dispensation which is by releasing and exempting of a man vpon fauor clemencie or mercie onelie from the seueritie of the law the bond thereof still remaining is called A dispensation of grace and may vpon méere bountie of him that is so authorised be granted to some and denied to other some as it shall please him euen without further cause so long as the law is but méere positiue But it hath no place at all in the first a Dist. 5. in princip §. naturalia iust de iure nâ—tur principles of the law of nature nor in the commandements of the Decalog necessarilie and immediatlie b Rom. 1. deriued from the rules of the light of nature Which thing bicause the pope most insolentlie tooke vpon him to doo he is therefore iustlie by all which doo aright feare God abhorred as Antichrist which in the Luciferian pride of his hart hath hereby climed into the throne of God and dooth arrogate to himselfe to loose the consciences of those whom God hath tied by his law and to bind that as by a diuine law which God himselfe hath set at libertie which c Bernard li. 3. de considerat ad Eugenium Bernard calleth a dissipation rather than a dispensatioÌ„ Which dispensations of his though some schoolemen and of our late more manerlie papists doo otherwise qualifie in words and partlie denie such matters which he hath dispensed with to be of the law of nature when as neuerthelesse no colour can be laied but that they are of the prohibitiue morall law of God yet his parasites the canonists who both knew his mind and his practise herein sufficientlie well and were neuer that I could read found fault with for their ouer broad speeches about this matter doo fullie declare what blasphemous authoritie he challenged They saie that the law d Abb. ca. fin Ext. de consuetud of nature vpon cause may be taken awaie e Abb. c. non est Ext. de voto that the pope vpon cause may dispense with the law of God f Lud. Goza cons 51. Ignorance of the Abstractor that the dispensing with the law of God is proper to the Bishop of Rome Yet the Abstractor sheweth here his great skill when he pretendeth that the canonists popes chapleins doo attribute vnto him authoritie to dispense in such matters by reason of Merum imperium a souereigne supreme power in him which indeed is nothing but Ius gladij the power ouer the life of men which the ordinances of France doo call Haute iustice There is another kind of Dispensation called of Iustice which is when vpon some especiall circumstances the reason and rigor of the generall law is by him which hath authoritie declared in some case to cease and the strictnesse of the words of the law therein not to bind or to haue place and that for auoiding of iniurie and inconuenience And this is also an allaie of extremitie of law by an equitie which afore I spake of and which the magistrate in iustice cannot denie and is in that respect called A dispensation of iustice as it were an interpretation or declaration of the true meaning of the law
no place in that particular action yet in so much that the reason ceaseth not in generall nor in most vsuall actions * Cle. ad nostr de heret c. si Christus Ext. de iureiurando therefore the lawe cannot be said to cease but must haue some for auoiding of inconuenience to declare such particular cases to be out of the generall reason and meaning of the lawe which in other points shall remaine in his profitable force still For such lawes as haue a continuall reason and whose end is common and vniuerfall doo not cease though in some speciall case their intended end dooth not hold And therefore though fasts are commanded for the bridling of our vntamed flesh yet * Cle. ad nostr d. Thom. quod l. 19. ar 15. such also in whome this reason holdeth not shall be tied by the generalitie of this lawe till a magistrate therevnto authorized shall declare him to be out of the reason and reach of this law But it is * Io. a Mediâ—a de conâ—ract q. 14. not so in those lawes whose reason is but directed to some particular end onelie as is the law of brotherlie correction which alonelie tending to his reformation dooth wholie cease without any further dispensation where no amendement can be hoped for and the partie is become vncorrigible So that to his question I answer that no earthlie authoritie whatsoeuer may or can by Dispensation or otherwise make that which is theft no theft or dispense with any other lawe of God or primarie law of nature in such sort as that they should loose which he hath bound bicause the law of God conteineth those * Thom. 1. 2. q 100. arâ— 8. things which are determined by GOD himselfe not onelie in a generall forme of iustice but also in particular actions and therefore can be by none dispensed with by relaxation of the bond thereof but onclie by himselfe And yet those * c. maiores Ext. de baptismo c. per venerabilem Ext. qui fiâ—â— sunt legit that be in authoritie may declare and interpret the law of God and of nature As that law of God of nature which saith Thou shalt not stealc is and lawfullie may be by godlie positiue lawes declared not * Si quis prop. necessitatem Ext. de furtis to reach or extend vnto him which being compelled by extreame hunger dooth take awaie another mans goods onelie to eat and to preserue his life thereby These things I haue made bold vpon presumed patience thus to enlarge for the better euidence of the Abstractors great malice but slender skill and to giue light both to that which hath béene afore spoken and to that also which vpon sundrie occasions is yet to be deliuered as being loth often to be forced to speake of one matter not opened aforehand But now he telleth vs Of a law of Antichrist which Christians must impugne by mainteining the lawe of UnduticÌ„uâ— and vnreuerend speaches Christ against it If he speake thus as it must needs be taken of that lawe which in some cases alloweth a man to reteine mo benefices which in this treatise he séeketh to prooue an Vnlawfull law and here as it seemeth calleth the law of Antichrist trulie for hir Maiesties sake and the whole parlement which reuiued it being first made in the daies of that renowmed Prince king Henrie after he had abandoned the vsurped Komish power afterward practised in the reigne of the vertuous king Edward it might haue pleased him to haue given it a more mild and a better terme But these tempestuous and furious melancholike spirits whome Gualter calleth the Donatists of our time doo esteeme no benefits receiued at hir Maiesties hands worth gramercie seeing they thus make hir Highnesse lawes the Lawes of antichrist onelie bicause they cannot be suffered to establish a souereigne and popelike church-gouernment in euerie parish which may tyrannize ouer the Prince hir selfe without controllement The places which he here quoteth apart as though they serued to the confirmation of the seuerall parts of his talke doo indéed tend all one waie to shew the lawlesse and vnbounded authoritie which is challenged by the pope Which spéeches though it be true that by some canonists they are attributed vnto him yet none of these thrée glosses doo speake expreslie either of his Absolute power on earth or of making somthing of nothing or of finne to be no finne Therfore this is a sinne as the old prouerbe saith thus to lie of the diuell or of his eldest sonne the pope Yea the last of the three rather restreineth that authoritie which the other doo attribute vnto him and setteth downe that In vowes he is said not to dispense but to declare and interpret bicause it is thus commanded by scripture Vow and performe your vowes to God The second place is wrong quoted for it ought to haue beene Glossa in verbo fiat c. lector dist 34. That which is here vnto annexed That a priuilege or priuate law must haue all the properties of a generall law and that a dispensation is but a fiction in law is least by him as void of proofe as it is of it selfe void of truth for it is not possible that euerie priuilege or Dispensation of grace onelie should tend to the benefit of the whole common-wealth * Thom. 1. 2. q. 97. art 3. 10. And in c. de multa Ext. de preb though a Dispensation of iustice may in some sort so tend or if it be But a fiction of law that it shuld haue those adiunds and qualities which are required in a publike law And * Rebuff in 61 de dispens ad pâ—â—ra benefi Rebuff whence indeed he borrowed it dooth not saie that the dispensation is a Fiction of law but that He which vpon cause is dispensed with shall be reputed in law as able lawfull and fit by fiction of law by reason of his dispensation And it is sufficient sometimes to establish a priuilege or dispensation if an inconuenience be but thereby * c. non potest in fide praeb in 6. auoided which otherwise would happen and so if it profit but a verie little it shall be susteined The law which he bringeth out of the * L. liberos Cod. de collationibus Code to prooue that It is all one in effect to enioy a benefit by priuilege or by common right prooueth nothing directlie but that such children whom the prince hath set frée from their fathers power shall not be admitted to enioy their parts in their fathers substance without this collation or putting as it were so much amongst them all of their owne goods in hotch pot as they are seuerallie to receiue of their fathers eueâ— as well as those children must doo which were not so emancipate but by their father himselfe The reason of which decision is lest the princes fauour and grace in fréeing some from their fathers
inioy seuerall lordships or any inequalitie of possessions and substance whatsoeuer bicause manie of The poorer sort might liue of such possessions in one mans hand well and honestlie in the common-wealth which is a bitter roote of the wéed of Anabaptisticall equalitie and communitie The last reason which he bringeth for proofe of his second Minor is taken from the conueniencie of fulfilling the deads wils and testaments as though all foundations and dotations of churches had béene by last wils and testaments onelie established and as though they had especiallie regarded by their said wils the seruing of those churches by pastors continuallie resiant and not hauing anie liuing elsewhere But I praie you how was it lawfull for the latter men to alter the wils of the former founders by making new distinctions of parishes and allotments of liuings if other parishes and liuings were established before as he absurdlie seemeth to fansie euen by God himselfe And why should he be so carefull for the fulfilling of their wils who for the most part in time of ignorance in regard onelie of massing for their soules rather than for teaching of the people and vpon opinion of meriting heauen thereby did erect and endow churches perhaps with some little glebe though the chiefest benefit doo arise by tythes Seeing he is of opinion that a matter grounded vpon anie cause or reason is of like nature and His reason retorted vpon himselfe condition with the reason it selfe so that if the cause and reason wherevpon they grounded their building and endowment of churches be impious then euen the things themselues shall be stained with like impietie and not woorthie thus to be tendered by him But this his supposall is in deed a verie weake and slender coniecture not worth the name of a presumption and meerelie consisting in fact without proofe And it might be better gathered seeing pluralities within these last six hundred yéeres in compasse of which time most churches haue béene built were verie rife as may appeare by lawes especifieng multitudes of benefices incroched and reteined without all licence or toleration that patrones of churches could not be ignorant thereof and therefore meant to prouide for no such matter which otherwise they would haue expressed and met with either in dotation composition or by testament And hee might with more colour vse this reason euen against the iust dissolution of religious houses being directlie and expreslie contrarie to the mind of the founders yet with no better authoritie warranted than dispensations for pluralities both of them euen by act of parlement And therefore as the three seuerall Minor propositions of these his last syllogismes built vpon these vnsure and feeble grounds for the proofe of the Minor in his second syllogisme afore are to be denied so are the verie Maior propositions all thrée brought as grounds to build the other vpon as weake themselues as these which should be vnderpropped by them For the great riches of some few is no small occasion why some other doo want which might haue more plentie if all the wealth of the richest in the land were distributed abroad in the world and yet are they necessarie for the profit and conseruation of the common-weale which consisteth by inequalities as the wise doo know which may serue also for answer of his second Maior although he which by especiall priuilege hath some two liuings assigned vnto him can not properlie be said to enioy manie mens liuings or any more than that which is his owne by law The like is to be affirmed of the dispositions in last wils and testaments as though whatsoeuer did preiudice them being made to lawfull and holie vses could not be accompted necessarie to the welth and profit of the realme For if a man would deuise and bequeath to neuer so lawfull and holie vses his lands holden In capite in chiualrie or entailed or another mans lands or goods which course is allowed of by the ciuill law yet is it thought necessarie in law for the wealth and profit of this land that in some part the one and that the other should wholie be encountered So dooth the ciuill lawe disannull and reuerse a testament contriued neuer so solemnelie or to how good and godlie vses soeuer if the testators sonne be omitted or be without iust cause disinherited in it or if a some be borne within ten moneths after his death of the bodie of his wife Thus hauing as shortlie as I could run ouer his reasoning it resteth to shew that by the statute law of this land which is the iudgement of the whole church common-weale representatiuelie dispensations for pluralities are lawfull First the * 21. H 8. ca. 13. statute 21. Hen. 8. saith that men so qualified as is there prescribed may take and receiue two benefices with cure of soule by dispensation and therfore it cannot be vnlawfull But if it be answered as the Abstractor goeth about to doo that all * 25. H. 8. ca. 21. dispensations are by a later statute restrained sauing such as be not contrarie or repugnant to the scriptures intending withall this kind of dispensation to be vngodlie and against the word of God this may be refelled easilie by the preamble of the said latter statute where it is affirmed To stand with naturall equitie and good reason in all and euerie lawes humane made within this realme or induced by custome that the parlement should haue authoritie not onlie to dispense but also to authorize some elect person or persons to dispense with those all other humane lawes of this realme and with euerie one of them as the qualities of the persons and matter shall require Now the iudgment of the parlement is that the lawes prohibiting one man to inioy mo benefices are but humane agréeablie vnto that which to this end I haue set downe but namelie in the glosse last before alledged and therefore that it may be dispensed with it is hereby verie euident in that this latter statute calleth all these dispensations so authorized An ordinance by policies necessarie and conuenient and dooth againe establish the act for dispensations in these words That the same act for pluralities non residencies of benefices euerie thing therin conteined shall stand good and effectuall to all intents which they could not without manifest contrarietie newly strengthen if these prohibitions of mo benefices were not by humane law onelie but had béene prohibited also by the law of God himselfe 15. Sect. Pag. 135 136 137 138 139 140. THE Minor proposition of the third syllogisme pag. 133. that It is not for the honor and suertie of hir Highnes person to leaue any maner of authoritie for the Archbishop to dispense he goeth about to prooue bicause the statute conteineth A contrarietie and absurditie And before he come thus farre he affirmeth that this is To set an English Archbishop in the roome of the pope ouer the king and his subiects and to
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