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
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
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
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
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
a peacemaker but quarrelling at law for tyth onyons apples cheries not a dispensor of the worde of God not a pastor steward to the Lord to teach to premonish to feede and prouide Foll 11. pag. 2. for the Lords flocke if such a one I say yea if too too many such haue bene admitted into the holy Ministerie and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute law be no lawfull Ministers at all VVas the worde of any Bishop only the word of the high Bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe of a nation VVas the lawe of a whole Empire euer tied to the will of one man in a Diocesse If the thing it selfe were not manifest to the viewe of the whole Realme and that the vnlearned ministers in euerie parte of the Realme were not glasses to see these deformities by and that the daily and lamentable complaints in the eares of hir honorable councell were not euident testimonies thereof Yet were their owne registers and recordes thorowly perused they would teach vs sufficiently that these things yea and worse too if worse may be are neither fained nor forged And therefore I conclude thus 1 Wheresoeuer a certaine forme and order to proceede is appointed to any hauing no authoritie before his commission that there if the forme be not kept the processe by lawe is meerely voyd 2 But our Bishops before the making of the statute of Edward the sixt and the confirmation thereof 8. Elizabeth had no authoritie to make Deacons or ministers Pag. 85 3 Therefore their processe not made according to the order and forme of the statute is voyd and therefore our dumbe and idoll Ministers no Ministers at all Herennius Modestinus answered that a Senator was not therefore a Senator because he had his name onely in the table or register where the names of Senators were written vnles he also were made a Senator according to lawe And the glosse vpon that law verifieth the same to be an argument Contra 〈◊〉 qui non sunt rectè in Ecclesiâ—â— coÌ„stituâ— ff quand dieâ— lâ—g vel fideâ— sed l. quod pâ—pillae iâ—â—at gloss Against those that are not rightly placed in Churches If a Legacie be giuen vnto a Pupill whensoeuer she shall marrie if she shall marrie before she be Viâ—i potens the Legacie is not due vntill she be Viri potens quia non potest videri nupta quae virum pati non potest nec videri factum quod non lâ—gitime fit Finally in the preface of the booke of ordering Ministers are these words And therefore to the intent these orders should be continued and reuerently vsed and receiued in this Church of England it is requisite that no man not being at this present Bishop Priest nor Deacon shall execute any of them except he be called tried examined and admitted according to the forme hereafter following And in the 13. yeare of Elizabeth cap 12. it is enacted that all admâ—ssions to benefices institutions and inductions to be made of any person contrary to the forme or prouision of this act and all tollerations dispensations qualifications and license whatsoeuer to be made to the contrary hereof shall be meerely voide in lawe as if they neuer were Another principall reason why these idoll Ministers should not haue so much as the onely name or title of Ministers in word much lesse the place and benefite of Ministers Cod. de autorita praestand l. eum qui. 6. â— 7. si quis deinceps â—x de simo non satis in deede may be for that in deede and truth they haue intruded themselues into the Ministerie onely by fraude and deceite and haue not entered thereinto Bona fide iusto titulo In good faith and by a iust title He that knoweth a Pupill to be vnder age and yet will contract with him without consent of his Tutor Pag. 86 or he that will receiue a Church from the hand of a Laye man or he that will buye and sell Cod. de autorit praestand l. eum qui. 6. q. 7. si quideinceps extra de simo non satis Extra de râ—gu in c. qui contra A contract made betvvene the Bishop and the minister not obserued things dedicate to religious vses cannot in these actions meane any good faith or vse any good conscience because qui contra iura mercatur bonam fidem praesumitur non habere He that against lawe maketh marchandize is presumed not to haue good faith Now in the manner and forme of making Ministers and their admission you haue heard of a solemne couenant and contract by open protestations on both sides made betweene the Bishop and the partie the Bishop demaunding spondes putas facies doest thou promise doest thou thinke wilt thou do The party answering spondeo I do promise puto I doe thinke faciam I wil do it This contract or couenant by law Ciuil is called stipulatio verborum a sure bond made by words and may be called a contract by word By the law of England it is called an assumption And to the end this contract be good in effect as in al other coÌ„tracts so in this especially it is requisite that the same be made bona In ff pro solut l. 3. Cod. de vâ— sur l. venditioni In Cod. de actio oblâ—g l. bonam fide interueniente good faith comming betwene as wel on the part of the demandant as on the part of the answerer For saith the Emperour Bonam fidem considerari in contractibus aequum est Equity requireth that good faith be considered in contracts And that either to this ende Vt cessei dolus ad eorum essentiam or to this end vt cesset dolus ad eorum effectum that guile may cease to the substance of the contract or yâ— guile may cease to the effect of the contract For though according to the nature ff de dol l. elegantâ—r ff de verb. oblâ—g l si quis eâ—m condition of this contract by word the party fraudulently deceiued be notwithstanding by rigour subtilty of law bound to the contract yet inasmuch as the lawe prouideth him a remedy against this mischiefe giueth him a peremptory exception vtterly to exclude yâ— agent from any benefit of his action the contract I say in effect being reuersible is in effect no contract the aduerse partye to be cleared Pag. 87 from the performance thereof Quia contractas non sortitur effectum pâ—opter exceptionem doli The couenant taketh no effect by reason of the exception of guile The law it selfe followeth Si quis c. If any when he had couenanted to be bound after one maner yet notwithstanding by circumuention is bound after another manner he shall in deede stand bound vnto thee by the subtiltie of lawe but he may vse an exception of deceit for in as much as he
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
nisi cum pridem §. alia verò causa Ext. de renunc therefore the decretall epistle to the Bishop of Arles saith There is another cause for the which a man may desire to be released from the burthen of a Bishops charge which is weakenes of bodie arising either of sicknesse or of old age and yet euerie debilitie is not such but that onelie whereby a man is made vnable to execute his pastorall dutie for if vpon euerie weakenes of bodie the office of seruice once taken in hand might be forsaken in vaine had the apostle confessed that he did euen glorie in some his infirmities Seeing that the weakenes of age ought sometime no more to wey with a man to make him resigne than that ripenes of behauiour which often accompanieth old men ought to persuade with him to continue in his owne function For of such saith the apostle When I am in weakenes then am I stronger for sometimes the weakenes of the bodie dooth increase the valoure of the mind But now againe he leaueth the matter of resignation and for proofe of his principall issue he bringeth two allegations one out of the common Extrauagants and the other out of the Clementines which doo séeme to me to be brought in but to make a number and culled out without choise there being much more pregnant places to that purpose which in his cursorie and desultorie perusall of these bookes did escape his hands For these doo onelie require that vnfit persons in knowledge maners or age be not preferred to ecclesiasticall liuings whereof I would gladlie learne how it could follow that therefore whosoeuer is not able to preach and is not endowed with all those gifts which are in this discourse required is for want of knowledge vnfit which is his generall scope where at he leuelleth Which knowledge and skill to be able to profit the churches where they serue that it is no such exact cunning as he dooth beare vs in hand hath partlie appeared afore and better shall appeare afterward And trulie his choise was verie slender when he chose the preamble of that canon wherein the pope pretendeth bicause he would be sure to haue such chosen as should both gouerne and profit the church that therefore he taketh the prouision and bestowing of all ecclesiasticall liuings into his owne hands which should happen to fall void in the court of Rome or within two daies iorneie of the same The Constitution of Otho alledged telleth what kind of maister is indéed required yet without mention of anie preaching nor yet in that strict maner but that occasions may happen that a man more meanelie qualified may be tolerated in the ministerie In which respect the * Gl. in constit Otho Sacer ordo verbo illiteratos glosse saith If the preests should be poore either by their parentage or through the barrennes or wasting of the countrie so that they could not applie their studie but should be driuen otherwise to get their liuing by handie labour it is to be thought that then they ought with fauour to be tolerated yet so that they be something more skilfull than lay men especiallie about the sacrament of the altar whereabout they are dailie occupied Which is the verie case of this our church in manie places the more is the pitie His next allegation out of the same place he hath both mangled FalsificatioÌ„ and falsified For where the Constitution inueiheth against those that haue the liuing and roome of priests being not in orders but more like souldiers than priests As hauing no care of holie life or learning this he maketh generall vnto manie besides And where the text hath Simplex sacerdos that is saith the * Gl. ibidem verbo simplex sacerdos glosse not intituled to the church but a stipendarie curate he adding to the text translateth it A sillie ignorant priest 8. Section Pag. 14 15. THis Constitution of Otho amongst other things forbidding vnlearned men to be ordered ministers dooth not prooue euerie one to be vnlearned that is not fit to preach and expound scriptures which is a point of more competent skill than an abilitie as occasion is offered to exhort to good life to dehort from vice or to comfort in aduersitie though the same cannot to anie purpose be done without some skill and practise in the scriptures And therfore the author hauing so slenderlie prooued that which is his intention had the lesse cause herevpon thus to set vp his fethers and vntrulie and gibinglie to saie that the canons published 1571. and the aduertisements doo yéeld testimonie that the Bishops A slaunderous vntruth doo proceed first and inquire afterwards that they first giue the minister a charge appointing him to teach and afterwards send him to the Archdeacons or his Officials court to learne whereas the said canon agréed vpon but not yet that I can learne confirmed by authoritie and the aduertisements alledged doo onelie charge the Archdeacons and their Substitutes to take an accompt in their visitations of the meaner sort of the clergie of certeine chapters of the new testament without booke to the intent it may appeare both how they profit in scripture and that thereby they may be the more perfect in the text Which thing if it should be also performed voluntarilie as a priuate exercise by the best and most learned ministers that we haue I thinke it might greatlie profit them and no modest man would interpret it so that they did but then begin to learne the scriptures as héere is odiousâ—â—e insinuated It is reported of B. Latymer of reuerend memorie being accused by his persecutors neuer to haue exercised himselfe in scripture bicause they saw some debilities of old age appeare in him that he should answer that the baie trees in Clare hall in Cambridge were able if they could speake to witnesse with him that he conned without booke vnder them all the epistles of S. Paule The words of Barthol are not as our author hath alledged them but thus Qualitas adiecta verbo intelligitur secundum tempus verbi and they are brought in by him onelie in waie of obiection against the text which is contrarie to this Corrupt dealing of the author rule as his solution of the said obiection dooth plainelie shew For he saith It is a * Bartol in l. si quis posthumos §. filium ff de liberis posth sufficient verification of these words he dieth intestat though a man haue made a will the daie of his death if vpon anie occasion afterward falling out as by the birth of a child vnto him after his buriall the said will and testament be reuersed So that we sée it is not generall that The qualitie adioined to anie verbe must be construed according to the tense of the same verbe The law which he quoteth ff de ferijs hath no one word giuing anie colour or sounding anie thing that waie The other * L. 43.
de aetate ibidem quoted ff de minoribus is by him wholie altered from that which the law it selfe setteth downe Proofe must be made saith the law of the age of him which alledgeth he is aboue xxv yeares old by examination of the cause bicause such proofe will preiudice and worke against the reuersall of acts of the said yoong man as executed in his nonage Which being wholie otherwise alledged by our author it maketh me ioining his like practises in other places of this booke togither to déeme that he hath not collected his allegations or examined them himselfe according to the law but hath taken the collections and rapsodies of some other man by retaile which maketh him bewraie so often his long eares out of the lions skin whereof he giueth euen in this section a larger taste where he alledgeth ff si à non competenti there being no such title in the Digests but in the Code and L. maritus ff de procuratoribus where no such law is to be found But although no man will denie but qualities requisite must then be found to be in a person when he is to be emploied yet this hindereth not but that in an office which is not tied to one circumstance of time but hath a continuance all honest meanes for the better and better furnishing of him with such qualities in that charge are and may be from time to time vsed without any impeachment to his credit as though he had béene at his first entrance into it not a sufficient man for that function But that which is here said concerning the nullitie of that which is done beyond the bounds of a compromisse or commission is no waie appliable to a trust committed for adiudgeing the qualities of the mind considerable onelie by his discretion and therefore cannot prooue if one be made minister by a Bishop not so fullie qualified as the law in all points requireth that thereby the whole actions are void and frustrate Shall we saie that an Ambassador hauing instruction to imploie a discréet faithfull and secret man about some seruice shall be guiltie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if the partie imploied séeming to him thus qualified shall be after found to faile in all or some of these and be insufficient And a Sheriffe being to returne by his writ a iurie De probis legalibus hominibus if after the verdict giuen vp it shall be prooued that they or some of them were not such at the time of the returne shall we therefore quash and reuerse Vide respons sect 39. all and saie there was no returne no impanell no triall no verdict nor iudgement And yet the Bishop hath no authoritie to ordeine ministers by commission but by operation of law And if this which he saith be true Where by disposition of law a certeine forme and prescript order is limitted that there if anie inuersion or preposteration be vsed all is cleane marred and therefore the whole actions are void and frustrate What are we then to iudge of those who are here in England baptized without the signe of the crosse those which are married without the ring and those who are punished for not comming to diuine seruice there where the forme of our Liturgie by law established is not exactlie obserued Which I set downe neither to impeach that baptisme or marriage howsoeuer to the intent of inheriting by the common law a doubt of such mariages hath béene made nor yet to excuse any wilfull recusants whome it is well knowne in any such regard not to absent themselues from praiers but to set downe the rash generalities and paradoxes which the Abstractor so confidentlie rusheth into euen with the ouerthrowe of those in whose fauour this treatise is made Notwithstanding manie of his clients though they aduenture to preach are as void of good learning as I could in particularitie shew as the most of these Dumbe silent and idoll ministers which he so déeplie lanceth Yet neuertheles that is not generallie true which he here auoucheth that an inuersion or preposteration vsed dooth make alwaies the act void For to this effect it is required that it be committed in some * Bald. in L. ambiguitates C. de testamentis Castr consil 39. alias 43. visis Actis matter of substance also that it be the inuersion of some substantiall order set downe by man For if it be the preposteration of an order set downe by * Bald. in L. 1. C. de appellat 3. nota law it is to be appealed from and therefore produceth not a direct nullitie Ipsoiure 9. Section Pag. 15 16. THis which the Abstractor here bringeth out of the Code that merit not monie in making of a minister is to be regarded as it is too generall to prooue by the word of merit such a worthinesse as he inforceth so being as appeareth by the whole constitution spoken of a Bishop onelie and not of euerie minister as he indefinitelie dooth translate it though otherwise it may be as trulie said of the one as of the other it is not so direct for the purpose which it is brought for The first member of that which he alledgeth out of the Authentikes but not the second doo I find either in Haloander his edition or in the Greeke or Latine edition of Contius And whereas the constitution is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vnlesse Constit 133. they know letters that is can read he hath helped the matter a little by interpreting it Aliquanto pinguiùs vnlesse they be learned which neuerthelesse might be granted vnto him and yet no such learning necessarilie imploied as he séeketh to establish hereby But the word Clerici clerkes Wresting of law and not Presbyteri priests here vsed whereby not onelie in this constitution but in all other the nouell constitutions any whether he be Ostiarius Lector Cantor Subdiaconus Diaconus or Diaconissa is signified dooth put the matter wholie out of doubt that neither ministers are here especiallie prouided for nor such exquisitnes of learning as he would gather can be any waie intended in them to be hereby exacted Vnlesse he will also saie that the 100. deacons Constitutio 3. §. sane the 40. deaconesses women the 90. subdeacons the 110. readers the 25. singers and the 100. doorekéepers or sextens being the limited number of clerkes and so called by Iustinian for the great church in Constantinople to haue all béene of that learning which he maketh to be the onelie touch of his minister And if I were persuaded as in this place he is that by the word Constitutions mentioned in the Act 25. H. 8. Cap. 29. the constitutions imperiall were ment I could bring manie such neither repugnant to our lawes nor to the hurt of the prerogatiue royall which I beléeue he himselfe will not saie to haue the force of law amongest vs and therefore must hereby be driuen to yéeld that he made a defectiue Minor in his
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
he meane the discipline passiuelie I thinke he and his felow saints haue had some wrong at the chéefe prelats hands a great while If actiuelie that euerie minister without checke might haue the execution of all discipline in his owne parish I doo verelie beléeue that this man and others who so earnestlie call for they know not what if they might not be themselues also elders ancients or what you will sauing priests of the segniorie would be the first wearie of it For if I knowe their disposition any thing they are as vnpatient as any men to be at controllement and most of all by a poore minister 19. Section Pag. 37 38 39. THe question heere asked whether It was the meaning of the parlement that the Bishop should command an apothecarie not exercised at all in the holie scriptures and altogither vnable to teach to be notwithstanding a faithfull dispenser of the word of God and to take authoritie to preach hath a verie readie answer that it was not their meaning that any Not exercised at all and altogether vnable should so be commanded or authorised Neither yet is it to be gathered hence that they ment to haue none admitted hauing otherwise competent gifts of learning and reasonablie trained in the scriptures but such as could discharge the dutie of a preacher as this man else-where would inforce For to what purpose then should that limitation haue serued which the booke addeth but our author passeth ouer as though he saw it not to wit To preach the word of God and to minister the holie sacraments in the congregation where thou shalt be so appointed The second question Whether their meaning was to bind the minister to performe by himselfe this dutie to preach or that it should be done by a third person I take may truelie be satisfied thus that neither the minister if he be not able and therefore not authorised well to discharge that great worke of preaching should himselfe preach neither yet if he were authorised and no other impediment hindering that he should loiter himselfe and post it ouer to another And therefore he might haue spared to haue alledged his two texts as one and with one quotation being no more to purpose but that he ment to disport himselfe a little with his Maisters the doctors of the canonlaw which elsewhere he saith haue by ordinance long since béene inhibited from taking any such degrée and Doctors of the ciuill law Burgesses in the house of parlement Pag. 240 Truelie his skill in law appeareth to be so little that a verie doctor Buzbie might well beséeme to be his maister in law and yet his memorie is so fickle his inconstancie so great his passions so furious his pen so slanderous his mind so haughtie and his words so virulent in this booke that an honest quiet man though he were not troubled with parlement matters as this man is Iwis more than becommeth him would be loath to be troubled with such a headie scholar The other member of this text alledged out of the § Si quis alium institut de inutilibus stipulationibus if he had not taken it out of some summarie by retaile as appeareth both by his receding from the words of the text and by iumbling two texts in one would haue put him in mind how little it maketh for his purpose If a man saith the law haue solemnlie promised to procure that Titius shal giue so much he is thereby bound though if he promise that Titius shall giue so much the stipulation be void The other examples brought by him being so by the first disposition tied to one person that it is not sufficient to haue them doone by another doo not prooue generallie that where anie person is appointed for the performance of a matter that it must be done by himselfe personallie no not alwaies where the industrie of the person is especiallie elected as appéereth in our Sherifs though personallie sworne yet allowed by law their vndersherifs And the ciuill law saith He * l. 5. ita autemff de admin pericu tut §. quod si quis seemeth to haue delt in a gardianship of a ward or pupill that hath delt in it by another man And * l. 22. non solùm ff de liberali causa againe We are to take it that he is said to haue bought which hath bought by another man as peraduenture by his attournie And therefore though it néed not be so said in this place yet these his allegations notwithstanding a minister might haue performed this dutie by him vndertaken by a third person lawfullie But here the minister is onelie to promise to Preach if he be so appointed And the Fourth iniunction addeth Reg. iniun act 4. herevnto that if he be licenced herevnto he shall preach in his owne person at the least euerie quarter of a yeare one sermon for the which end the Ordinaries in most places do require of such as be not fit to be licenced to preach that they procure such duetie to be done by another which is able to performe the same and is licenced according to order Where he asketh Whether the meaning of the parlement were to haue the Bishop iudge the reading of homilies to be preaching it may be said that reading of homilies in a strict signification cannot be accompted preaching yet they serue to edifieng and are a kind of publishing the Lords will euen as well as a sermon being penned is and vttered foorth vnto the people and they were not by the Bishops but by hir Maiesties owne authoritie and iniunctions vnder the great seale of England recommended Iniunct 27. vnto all Ordinaries to sée amongst other things that all ministers being no preachers should read them in supplie of sermons for the banishing of ignorance blindnes And therfore I doo the more maruell why our author should aske this question Whether the Bishop may commit the office of reading homilies to a minister and so confidentlie to auouch that he may not One reason for proofe of this he bringeth séeing Three kinds of offices are appointed to be in the church deacons ministers and Bishops euerie officer hauing his seuerall dutie expresselie appointed as reading homilies to be the office of a deacon that therfore One priuate man and fellowe-seruant may not transpose from his fellowe-seruant an office committed vnto him by publike authoritie which he inforceth by this that Statute law is Stricti iuris and may not be extended Here I will also aske him a question séeing his worship will not permit to His lordship that which no Bishop neuer went about to doo of his own head and authoritie Whether dooth he permit vnto hir Maiestie notwithstanding this distinction of offices and strictnes of statute law which full wiselie he alledgeth any power to take the reading of homilies which he will néeds appropriate to a deacon and to laie it also vpon euerie minister If he will be so good vnto
hir Highnes as to grant hir this libertie it may please him besides the fourth iniunction before alledged to peruse the 27. and 53. iniunctions where expresselie all parsons vicars and curats are inioined to read some homilie when there is no sermon whom I trust he will not therfore conclude either to be all deacons or to transpose without authoritie the office of their fellow-seruant vnto themselues But to tie the reading of homilies vnto deacons is so farre from all apparance or colour of truth that in the selfe-same place where he curtailed rather than abridged the office of the deacon the booke setteth downe that it is a part of the deacons office to read holie scriptures and homilies in the church Where he shall be appointed to assist the priest not thereby that the priest is excluded from reading scriptures and homilies if he so thinke good or be commanded and therefore much lesse where no such deacon is appointed to assist the priest And if this new topike place were allowable then hereof we might reason thus Bishops as this man hath confessed afore by the ordinance of the realme are to execute discipline Ergo the inferiour His argument recorted against himselfe minister being another distinct officer may not transpose it to himselfe as in the other section he auouched Also ministers are to preach Ergo Bishops being of a distinct office may not preach contrarie to all that which afore he hath spoken against dumbe prelats Againe Deacons are by their office by law set downe to instruct the youth in the catechisme to baptise and to preach if they be admitted thereto by the Bishop Ergo ministers being a distinct office from deacons and statutes being strictlie to be interpreted are neither to catechise baptise nor preach by his owne doctrine and where is then his learned ministerie And therefore I take it that I may safelie conclude without offense to his wisedome that either héere he doated or else he hoped his readers would be such affectionate dotards as that he might with anie shew or vizard of likelihod as héere or by racking wringing wresting and curtailing as in diuerse places else-where without their further looking vnto him how plainelie he dolte easilie abuse them 20. Section Pag. 40 41 42 43. NOw in this section to make the matter in his behalfe séeme more probable against the Bishop he frameth a silie answer God wot in his name that Seeing by statute he onelie hath authoritie to make deacons and ministers and to gouerne them that therefore it beseemeth a minister no otherwise to preach than as he shall be licenced therevnto by him the Bishop But yet bicause this fiction was so apparentlie vnprobable he was content also to temper it thus Otherwise than according to the forme of the booke And indéed I cannot sée but that this may and ought to staie any from enterprising to preach in a setled church as this is sauing such fanaticall spirits as will shooue them-selues into the office of preaching without any externall and lawfull calling seeing that in this church of England this booke is the onelie externall forme we haue of calling men into any function in Gods church Now touching the former matter Whether the Bishop might commit the reading of homilies to the minister bicause our author warilie foresaw that both the iniunctions and aduertisements published by sufficient authoritie would to this purpose be alledged he séeketh to vntie that knot thus Bicause That he saith which was confusedlie and indistinctlie appointed in them to be done by parsons vicars and curats whereof as it fell out some were deacons and some ministers is now by this statute made 8. Elizabeth after both the other bounded and limited so that euerie proper office should be allotted to his proper officer But by the way he scattereth a riddle as he runneth when he saith The iniunctions aduertisements articles and this statute dooth bound and limit the meaning of the iniunctions and aduertisements yet I thinke he meant onelie that the statute bounded the meaning of the other two and therefore she was to blame that taught him so long to go before he had learned to speake well For the vntruth of this allotment of euerie peculiar function to his proper officer although some are peculiarlie tied vnto one and not attributed to any other I referre the reader to the booke it selfe and to that which was said in the last section And so I doo this which a little after he gathereth Ex vno absurdo quasi concesso That the office 〈◊〉 of the deacon is onelie to read the scriptures and homilies by that statute Now to open more fullie the vanitie of this surmise as though the statute 8. Elizabeth ment to redresse reading of homilies by ministers thorough making a more orderlie distinction of offices than afore you shall perceiue by perusall of the bodie of that statute and preamble that the forme and maner of making and consecrating Bishops priests and deacons was not deuised then anew but was put in vre and established in the daies of king Edward And though Ad maiorem cautelam for the auoiding of cauils of traitorous and slanderous papists the same booke was then established by that act of parlement yet dooth it in the preamble thereof by manie reasons prooue that the said booke had the force of law before And therefore it is verie propheticall for that booke which was penned in king Edwards daies to bound limit Articles of religion art 36. applie and distinguish offices confusedlie deliuered by hir Maiesties iniunctions and aduertisements which were long after framed And where our author had said that A minister must minister the doctrine and sacraments and discipline of Christ what néeded he to haue added And preach onelie if as afore he would haue inforced vnder Doctrine or teaching preaching be necessarilie alwaies emploied But afterward vpon better rubbing of his memorie he telleth vs his meaning is not to Exclude the minister from reading the scriptures and praieng with the people duties without which preaching cannot be done If by reading the scriptures he meane the ministers priuate studie then he reasoneth not Ad idem which is ignorance of the Elench But if he vnderstand the reading of scriptures in the church then I sée no cause whie by his owne platforme the minister should read any scriptures there besides his theame for his sermon naie how can he read any scriptures when the deacon hath read them all Contrarietie of the author vnto himselfe afore And if he will needs read the scriptures publikelie whie should he be suffered by this mans construction to inuade The deacons proper office and to transpose it to himselfe And therefore the copie of the supplication and submission of the Bishops which he hath here drawne in their behalfe as though through their Abusing of hir Highnesse lawes no meanes according to law could be found for reading of homilies where the minister is
no preacher but by a deacon he may well spare till they haue nèed of it at which time peraduenture they will procure a better clearke than he is to pen it Yet hèerein also either he or his printer hath vsed a prettie cunning by prefixing there vnto a Latine beginning and vsing for fiue or sixe lines an Italian letter differing from the other Romane bèelike to the intent that some simple credulous creature might belèeue this to be an allegation out of some law which are vsuallie printed in this his booke in the same letter The other reason which he bringeth for further proofe of this incompatible distinction of that part of the deacons office which is in reading of homilies from the ministers office as I conceiue it is to this effect All things about the ordering of the minister tend to admonish him of his dutie in teaching and instructing the people and in preaching But the whole action of ordering deacons tendeth to admonish him of his office in reading Ergo a minister may not be forced to read homilies in the church First neither part of his antecedent is true For the first part is prooued false The Abstractor contrarie to himselfe both by the booke it selfe not naming at any time in the ministers office Preaching but with this limitation Where he shall be so appointed and by the author himselfe Pag. 33 34. 35 labouring in one whole section to prooue that the minister hath also the execution of discipline committed vnto him And shall we forget as he dooth that he is authorised also to minister the sacraments The second part is euen as true as the former both as is shewed out of the booke afore and by the authors confession within sixe lines after where the saith The prouision for the poore is appointed also vnto deacons Besides all this the argument followeth not as is euident bicause the booke it selfe attributeth two or three seuerall duties or functions to two or three seuerall offices As to baptize to deacon minister and bishop To preach to them all three so the two first be licenced to minister the sacrament of the â—upper to the minister and Bishop and if we may belèeue our author the execution of discipline to them both And whie therefore may not a minister read homilies as well as read scripture in the church though both they be in some sort required of a deacon if he be by the like authoritie of law commanded thervnto as hath bèene prooued afore that he is And where our author hèere further saith that The parlement house had a singular care to haue these offices of minister and deacon eune as they are distinguished by the law of Christ himselfe it is a testimonie that in those two great offices the externall policie of our church is according to the commandement of Christ in this mans opinion 21. Section Pag. 43 44. OUr author hauing laid downe before that the booke of ordering priests and deacons râ—quireth of euerie minister to be a preacher and foresèeing a storme towards him chooseth rather to be conuicted of falsifiâ—ng than of this falsehood For where the booke prescribeth that it shall be said to euerie minister to be ordered Take thou authoritie to preach the word of Manifest faâ—sification by the author God c in the congregation when thou shalt be so appointed he leaueth out the most materiall word so of limitation and falleth to descanting vpon the signification of When and where to diuert our eies from espieng of the other fowle corruption Although if he were so great a clearke in law as he would sèeme he could not be ignorant that Vbi sometime importeth time as well as place and also implieth a condition with it as if a man giue a legacie to his daughter by these words Vbi ea nupsisset Where she shall be married it is to be vnderstood saith the * Gl. in l. 45. sâ— ita sit scriptum §. finali de legatis 2. Bartolus ibid. glosse there That is after or when or if she shall marrie And thereuvpon Adde Bartol in l. 1. ff de condit demonstr mi. 19. Bald. in l. 3. C. de probat ver sequitur de Oldrad cons 47. consueuit tari Bartolus noteth that the aduerbe Vbi where dooth implie a condition But if it had not bèene the mind of the law-makers by these words So appointed to restraine them from preching without further approbation vpon triall of their abilitie thereto then both in vaine had the word So bèene vsed and with better sense might haue bèene least out which in so short and so principall a sentence of this action is not to be imagined to be superstuous and also the word Appointed without a further word as To serue or such like would haue made no perfect sentence and therefore must nèeds be vnderstood like as the generall vsage since Quae est optimus legum interpres dooth interpret that they haue authoritie giuen them To preach where they shall be so appointed Neither in vaine is preaching spoken of at their first ordering both to put them in mind what ought to be their principall endeuour and to giue vs to knowe that as mèere laie men be not enabled to this office so it is not conuenient that a licence to preach be giuen vnto any but to such as being in some function ecclesiasticall haue addicted themselues to serue the church according to their abilities in all the functions incident to that calling And whereas he dooth alledge that if this sense which he inforceth Were not the naturall meaning of the statute then to administer the sacraments might as well be forbidden without speciall licence in writing I answer that though at the ordering authoritie to preach and to minister the sacraments be giuen according to the limitations there set downe yet hereby they are not hand ouer head where it pleaseth them to rush into other mens charges but are to expect a licence in writing to bound them where they may lawfullie administer the sacraments which is done by letters of collation institution or donatiue temporarie or perpetuall And thus he sèeth there is so much to helpe our turnes besides the canon law that he thought it best to leaue some of it out for his more aduantage 22. Section Pag. 44 45. 46 47. YEt bicause he seeth the coast is not cleare by reason as well the * c. excommunicamus vlt. §. quia verò Ext de haereticis canon as hir Maiesries iniunctions before alledged by me doo require a speciall licence to authorise a minister to preach yea euen in his owne cure he felleth vs a tale not of a rosted horse but of his owne graie ambling gelding which he could giue vnto me if he would onelie by giuing me the keie of his pasture and bidding me to take him vnto mine owne vse of his gift But what if he should â—dde also saie Soft
triall and examination of such as are to be ordered I doo obserue though not so fauourablie dealt with as to knowe by him what warrant his first allegation * c. quando EpuÌ„s dis 24 hath and whence he borrowed it that this exact triall which the canon setteth downe dooth not require in specialtie such perfection of learning whereby the partie to be ordered must of necessitie be thought worthy to preach which is the principall issue by the author to be prooued and that it prescribeth saturdaie for ordinations Also vpon the words of the constitution of Otho requiring a search inquisition to be made by the Bishop our author hath gathered Wresting of law a scrutinie to be required that by taking of voices in allowance or dissallowance of the parties to be elected which is the nature of a scrutinie he might belike transubstantiate the Bishops inquirie into some popular election of their ministers And it séemeth for that end also he did bring the comparison of procéedings in the Uniuersities whereby he might insinuate that as the Uicechancelor there dooth but in the name behalfe of the greater part of the regents of that facultie which haue yéelded their suffrages admit the graduate presented so the Bishop should be thought to haue no further authoritie but to admit such as the electors and examinors haue allowed as fit men for that calling For although it was easie for him to espie many other differences yet he obserueth but this variance onelie betwixt the trials vsed in conferring degrées in the Uniuersities and in conferring of orders that the triall and Examination at giuing orders consisteth in the interrogatories betweene the Bishop demanding and the partie answering But no such matter is ment as to prescribe an electiue scrutinie which he would insinuate but onelie a scrutinie or inquisition which the * Glâ—bidem in verb. ante glosse therfore calleth Scrutinium examinatorium and the text Indagatio diligens that is a diligent inquirie Which examination both in this constitution and in the glosse vpon the decretall by him alledged mentioned is not so necessarie and substantiall a solemnitie but that it may be omitted vpon occasion euen as well as it may be committed vnto others besides the Archdeacon as we sée heere Although our author forgetting what here he had said dooth afterwards vrge such a necessitie in the archdeacons presentation of ministers vnto the Bishop which is grounded vpon and is but the effect of examination as though he could be no minister which were not so presented For the glosse by warrant of law here teacheth as is by other places also else-where shewed vpon the like occasion that * Gl. ibidem in verbo indagatio per c. constitutus Ext. de appellationibus This examination is not required to be done but towards them that are vnknowne to the examiners And for his capablenesse in respect of his birth good fame and such like the same glosse saith the letters testimoniall doo suffice And vpon this consideration the preface of the booke of ordering dooth speake disiunctiuelie and not simplie as our author vntrulie here alledgeth that The Bishop knowing either by himselfe or by sufficient testimonie anie person to be of vertuous conuersation and without crime may admit him c. And therefore whereas therevpon he néedleslie speaketh to prooue by a similitude that this must be a further notice than of the outward feature and lineaments of his bodie he dooth but labour in vaine as the man who share his hog and had thereby much crie but small wooll For although the booke doo mention in the Bishop a knowledge of him that is to be ordered to be of vertuous conuersation and without crime and that either by himselfe or sufficient testimonie which cannot be stretched vnto his cunning and meetnes as this man dooth to execute his ministerie yet is the knowledge of his abilitie also required and is to be knowne as in the same place is prescribed by the triall and examination that is to be made of his learning And therefore his similitude to this end that a man chooseth not a schoolemaister for his honestie onelie but for his learning also as it dependeth not of his former spéeches so it serueth to no purpose but to leaue an impression of conceit that the contrarie to this is practised by the Bishops 26. Section Pag. 57 58. THe other circumstance of admitting into orders In the face of the church mentioned in the preface is sufficientlie expounded in other passages within the bodie of the said booke by the phrases of the Clearkes and people present in the presence of the people and by the word of Congregation So that our author shall hardlie be able to Instruct vs as in this section and thrée other following he laboureth to doo that vnder the generalitie Pag. 62. of this word he may establish An interest to be due to all the faithfull people in the land for the choise and allowance of their pastors when as euerie nouice can tell him that though by the law of this land marriages also are to be solemnized In the face of the church yet hereby cannot be inferred that all the people present haue an interest of assent or dissent in euerie mans marriage And as there the presence of the congregation is not materiall otherwise than for the fuller testification of the marriage for their ioint praiers to God for them and for to obiect impediment if they know any euen so and for no other end it will appeare to be required that ordinations of ministers be made in the face of the church And although in some but not in all reformed churches the precedents whereof he obiecteth vnto vs else-where some slender shadow of popular approbation be reteined in the ordering of the ministers yet I doo thinke verelie that in no church the whole number of the people are permitted to haue a frée election of their pastor as this man would faine establish here amongst vs. The reasons wherevpon in this section he groundeth his assertion are all sauing one out of the ciuill law in the Authentikes taken out of Gratians rapsodies The two first whereof doo speake not of Any election or approbation of the people but that which the Councell of the clergie and the testimonie of the people or in the presence of manie by-standers ministers were then to be ordeined Neither yet dooth the first of them speake simplie of Counsell of the cleargie or testimonie of the people to be had in ordinations but onelie then when as the examination required in the said place is omitted And therefore this abuise of his clearkes and the good testimonie of the people the Bishop is but to vse in steed of examination as appeareth by that Particula aduersatiua Otherwise let not a Bishop ordeine any c. And by the glosse vpon the same place which saith Otherwise that is to saie If they be not examined by
the clearkes attendant about the Bishop or else tried by the good testimonie of the people And another * Glain conullus dest 24. glosse gathereth thus Heere you haue a proofe that the testimonie of the people is equiualent vnto examination wherevpon we may note that it is sometimes sufficient for a clearke that is to be ordered if he be of good fame Which may also appeare * c. de Petro dist 47. pag. 70. dist 75. c. 2. ordinatiâ—nes hereby that such as be knowne are not to be examined but those that are unknowne The second allegation which onelie speaketh of the presence of manie by-standers is not aright quoted for the number of the page as it is in some prints is taken by him for the number of the distinction The fift allegation also left by him without quotation but taken indéed out of the chapter Vota 63. dist speaketh no further than of requests and testimonie of the people to be had in this action and leaueth the election onelie to the cleargie To which also agréeeth that * c. non lice dist 63. canon which saith It is not lawfull for the people to make election of such as are to be promoted to priesthood but let it be referred to the iudgement of the Bishops that they may trie whether such is taught in word in faith and spirituall conuersation And here vpon is inferred this By all these authorities laie men are excluded from choosing of priests and a necessitie of obeieng and not a libertie of commanding is inioined And the * Gl. ibidem ver contra c. nosse c. â—â—m nossed glosse reconciling other places which in shew séeme repugnant to this saith It is to be holden that laie men ought to be present not to elect but to yeeld consent His third and fourth allegation go something further and doo require the assent and allowance of the citizens The former of them is left without quotation the second our author hath a little helped as crastie companions doo true dice by translating Conniuentiam testimonium ciuium The allowance and good liking of the citizens Whereas in truth Conniuentia is when a man séeth well inough what is done and is content not to oppose himselfe but to winke at it and by Testimonie as was afore shewed foorth of the glosse is nothing else vnderstood but a good name and report amongst men And where he vpon these dooth strait-waies leape for a conclusion That these texts and manie other mo doo all affirme that elections and ordinations must be made by citizens in the first place And priests or clarkes in the plurall number and willeth vs to Note it we must tell him that he leapeth short and that we note Quò haec not a non valet For he manifestlie herein falsifieth his owne allegations which all doo referre the ordaining to the Bishop but with assent or this or that allowance of some others And I thinke in the proper and most vsuall signification of ordination and imposition of hands it is not to be shewed that any laie man had euer anie intermedling therewith which some of their chéefest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo also grant And where in the sixt place by waie of preoccupation he goeth about to prooue that These are not spoken of the cheefe priest of euerie diocesse which is the Bishop though it be not denied by any yet assuredlie the place whereby he would prooue it is onelie to be understood of the Bishop and the canon is thus He shall be no priest hencefoorth whome neither cleargie nor the people of his owne citie dooth choose But he thought to prouide saselie for himselfe herein not to be espied and therefore quoteth the 64. distinction c. qui in aliquo §. sed nec ille dist 51. in stéed of 51. and the Chapter Si fortè which is not there to be found The summarie gathered vpon the said chapter Qui in aliquo the glosse throughout yea and the whole chapter requiring the age and other qualities peculiarlie by the canons looked for in Bishops and the word Episcopus there vsed doo all prooue a Bishop indéed and not any inferiour minister there to be vnderstood And so did the whole parlement of Paris take it in the 31. article of their defense for the libertie of the church of France And he himselfe affirmesh that there were congregations in the countrie where there was by likelihood none of the cleargie but one minister and it must néeds be that there were ministers to be placed in other places belives cities And it is yet made more manifest by another disiunctiue following Or else the authoritie of the metropolitane or the assent of the comprouinciall priests haue not tried both which dooth make it plaine to be vnderstood onelie of Bishops Where it is not also to be omitted that the election there spoken of in the disiunctive wherein if either part be true the whole proposition is true dooth ouerthrow the election he speaketh of by citizens For thereby it seemeth sufficient as to that point if either the cleargie or the people of the citie do make that choise Pag. 16 That which he bringeth last out of the Autentikes I haue answered afore that it is not to be found either in the edition of Haloander or the Gréeke or Latine set foorth vp Contius yet it maketh directlie against him for if he doo thinke this constitution to be law with vs and conuenient to be vsed that Where an vn worthie minister is chosen by other there the most holie Bishop may ordeine whome he shall thinke best then in some case one man alone may ordaine and choose a minister without approbation of the people and the Bishop shall hereby have as absolute a stroke to reiect or reprooue a minister as he hath alreadie But I would of all these varieties of iudgements in diuerse canons our author would haue signified which of them we must hold for law for all being so discrepant cannot be Whether it must be onelie In the presence of manie by-standers or at the request of the people or with the testimonie of them or with their aduise or assent or else by their election and vaices But if by waie of admittance it should be said that these old canons were as direct as he would haue them yet they cannot any waie serue his turne For he must first prooue that they are not repugnant vnto the customes of this realme and shew vs how they haue béene vsed and executed here before the making of the statute 25. H. 8. yet he can saie they are by law established amongst vs. Naie if euen then they had béene in vse yet are they countermanded and reuersed now by another course of ordering of ministers set downe in the booke for that purpose wherein no such forme is prescribed And he himselfe affirmeth often in this treatise that they are no lawfull ministers yea no ministers at all in this church
they haue thus decréed euen for the immunitie of popish priests and moonks Toute violence c. All violence and iniurious words against those of the church of Rome and namelie against priests and moonks shall not onelie be hindered but also shall be corrected and restrained so farre foorth as possiblie may be The conclusion for proofe whereof he voucheth viuers lawes and canons is that Both the man vnworthilie promoting and the man vnworthilie promoted is to be deposed Where if I should deale strictlie with him as a lawyer would I could tell him that there is great difference in law betwixt one vnworthilie promoted as perhaps some solemnitie required by the canon being omitted and one promoted being vnworthie The first case is so farre from * c. literas Ext. de tempor ordinand gl in 1. q. 1. c. si qui Epi. ver ordinationis deposition that it deserueth but a temporarie suspension from execution of some part of their offices at the discretion of their superiour For proofe of his conclusion he bringeth thrée allegations speaking no word of deposition but of punishment to be inflicted which without expressing can neuer be extended to deposition In ambiguis quod minimum est sequendum pro mitiori poena semper est interpretatio facienda And yet the first and the third of them doo speake of Bishops and superior prelats and not of inferiour ministers The first is * c. nihil est Ext. de elect elect poâ—est not aright quoted nor alledged For the punishment there set downe for confirming an vnworthie prelat is sequestration of the fruits of his owne benefice and béereauing him of power to confirme the next successor and in the words immediatlie * §. episcopi â—bid next following by him not alledged as once afore hath béene shewed a canonicall punishment by reference vnto canons to that end in force is appointed to the Bishop which shall preferre an vnworthie man to holie orders or ecclesiasticall dignities In his third allegation by ioining of two seuerall canons as one the one of them appointing a milder punishment than the other he hath disaduantaged his owne cause For where two punishments are laid downe the lesse is to be inflicted But neither of these canons * c. ex panitentibus 50. distinct c. aliquantos 51. dist doo speake of a man vnwoorthie in respect of learning but vncapable of orders in respect of some other canonicall impediment as infamie by law bigamie anddiuerse such like there specified But the glosse reconcileth not onlie that canon but all other which speake of disposition of him that ordaineth one vnworthie with those canons which doo suspend him onlie from ordination of others bicause the * Gl. in c. si qui Epi. c. q. 1. verb. ordinationis first are to be vnderstood when of contempt and pertinacie the Bishop shall with pretended purpose against the canons ordeine such and the other when he ordcineth vncapable men onlie of ignorance or negligence And againe this doubt in the same place is better resolued séeing there are diuers penalties for one offense and that the * c. graue Ext. de praebendis latter canons doo prefix the milder of both that therefore the easier penaltie must in both respects be practised And therfore I muse at the boldnesse of the man who leauing out the word Alià s Otherwise to wit when the Bishop of pertinacie shall ordeine one vnworthie he alwaies deserueth to be deposed Faâ—â—â—ficatioÌ„ dare alledge the words of the glosse generallie as though in all cases this decision had place The * Gl. in c. vnicum const Othonis de scrut ordinand verb. quare next glosse is likewise wrong quoted out of the legatiue constitutions of Otho but serueth not any whit for proofe of his conclusion bicause it mentioneth no penaltie but onclie ingreiueth the fault of him that dooth ordeine anie vnworthie His argument of comparison which he borroweth of the glosse of the câ—uill law to prooue that the archdeacons fault or ouersight cannot excuse the Bishop no more than a pilfering sailer shall excuse the owner of the ship who taketh fare of his passengers from restitution of that which is embezeled though great diuersities may be taken betwixt these two cases euen to this intent yet I will not greatlie gaine-saie seeing it is both lawfull and expedient that the Bishop himselfe should examine them for their sufficiencie in learning adding this neuerthelesse that the author here hath manifestlie falfified the glosse where he simplie saith the Bishop is to be punished for the archdeacons fault committed in examination For the * Gl. ibid. ver per Episcopum glosse saith to this purpose Indéed if the archdcacon doo it by the Bishops commandement then is the Bishop punishable but if the archdeacon doo it of his owne head as incident to his office then must he himselfe abide the penaltic of lawe That which he saith of A deed once doone which vpon a cause newlie arising sometimes may be altered cannot be applied to this that a Bishop may reexamine those whome the archdeacon hath examined though it be * Arg. c. accepimus Ext. de aetat qualit otherwise lawfull and in like maner can I not conieâ—ure for what purpose he bringeth though with a wrong quotation * c. eae quae Ext. offi de Archid. concerning the remissenes of an archdeacon in safe kéeping certeine ornaments of the church required to be punished by restitution of such things as by his default were perished except he thinke here by may be insinuated either that the archdeacons office alonclie dooth consist in such like duties and not in examination of ministers to be admitted or else that as he is to be punished for his negligence in these small matters so Bishops for such offenses as they shall commit about dealings of greater consequence Which if it be his meaning I must néeds iudge that he is verie mysticall that can fetch about so farre to speake so little to purpose But all these canons if they were as pregnant to prooue deposition as he would haue them are wholie ouerturned by his owne platforme of popular Contrarietie election For I thinke he would not endow the Bishop with an authoritie to ordeine another when all the people haue made choise of their minister nor yet punish him for their foolish choise 32. Section Pag. 65 66 67. THis section with some following being to shew the course of punishment against ministers being vnworthie of that function in the first place for proofe hereof is brought the depriuation of a Bishop against whome manie things were obiected and he himselfe had confessed that he neuer learned any thing De Grammatica of the Grammar nor had read any Grammarian no not Donat yea by the euidence of the fact it selfe it appeared that he was Illitteratus insufficiens Vnlettered and insufficient All which things ioined together being the
not ordeined For where the place by our author alledged vseth the word of Deposing there the a Gl. in ver deponerentur c. sane d. glosse expoundeth it Deposed from execution and to be suspended onelie Which agréeth b c. cum quidam d. to the text afterward that suspendeth those which be ordeined at vndue times till they receiue fauour for their restitution Againe the c c. penult d. canon saith It is not to be doubted but such as haue taken orders at other times than are appointed haue receiued the character that is are indeed priestes and after inflicting vpon them due penance for their transgression herein you may tollerate them to minister according to the orders that they haue taken Now he commeth to another quidditie and as he would haue vs beléeue a substantiall solemnitie which is the presentation of ministers to the Bishop by the Archdeacon without naming of his deputie as is done in deacons ordinations Which point if it were of substance might no doubt in manie places reach as well vnto the preiudice of good and learned ministers as of vnlearned But what reason were there that the minister should be punished for the archdeacons neglect of his dutie Or of whome should he inquire if he knew him not whether he were the verie archdeacon or but his deputie Or whie should we thinke that the deputie may not be as sufficient to present them to the Bishop as the archdeacon himself Or whie are we to imagine séeing the booke presumeth for the most part both the order of deacon to some and of priesthood to other some to be giuen in one daie that the archdeacon being present would depute one to present deacons and he himselfe in person present the priests And what if the cathedrall church haue no archdeacon established there or the archdeaconrie be void or he himselfe bed-rid shall the Bishop diuerse places of ministration being vold in the diocesse staie the ordering of ministers for those void roomes till there be a new archdeacon And what if the Bishop doo so sufficientlie know them or doo examine them himselfe that the archdeacon dooth not examine them what néed is there then for him to present them Or whie is this more of substance than the Bishops Sitting in a chaire when the oth of supremacie is ministred which the Booke mentioneth or to order at the least thrée at a tune séeing the booke saith The archdeacon shall present vnto the Bishop all them that shall receiue the order of priesthood that daie which cannot be spoken of fewer than of thrée Or if none but the archdeacon might present ministers without ouerthrowe of the whole action why did not the booke saie The archdeacon himselfe and none other shall present And séeing it is said otherwise the act in law shall be good enough as hath beene shewed before And the rule of law is * Reg. qui per alium ibi Dynus That which is done by another seemeth in the eie of the law to be done by himselfe But he saith the archdeacons industrie is herein especiallie chosen and therefore this dutie cannot be committed ouer againe to any other For proofe of this consequence he alledgeth two places one of them thrise and the other twise ouer for feare he should séeme to lacke law in this point That * c. sicui de preb digin in 6. out of the text which yet gaue him light to flourish and braue a little with the Bishop of London and his Archdeacon about the Treasureship of Powles speaketh not a word of inhibiting a delegate to substitute another for him but decideth that if the prince commit authoritie to a man to furnish certeine benefices with fit men and die before the trust be accomplished yet the commission dooth not determine but if it be to place some certeine person therein and before he be placed the prince dieth then the commission hereby dooth cease The other canon out of the Decretals maketh directlie against him sauing in certeine cases there expressed Bicause * c. quoniam Ext. de officio delegati saith that canon the apostolike See intendeth to prouide for matters and not for persons to whom they are committed if the iudge either of meere office by vs assigned vnto him or by the parties consent agreed vpon doo depute another in his steed considering the princes delegate may by lawe doo so this deputation shall be of force The like is to be said of a Bishop who hath a coÌ„mission to execute together with the one of his collegues for he may substitute another and then the other two collegues cannot proceed without him whom the Bishop did subdelegate * c. d. §. is antem when a man is inioined to execute a matter personallie except the parties doo consent Also * c. d. §. d. ver praeter quam when an inquisition or prouision for apt prelats or ministers is committed to be done bicause in such the industrie and credit of the partie is intended especiallie to haue béene regarded Lastlie it faileth * c. d. §. caeterum when not a iurisdiction but a bare ministerie and execution of some matter is recommended None of which thrée limitations can anie waie be applied to the presentation of ministers by the archdeacon onelie For if he had beene so strictlie tied then should this word Personallie or some equiualent haue béene vsed Neither is the prouision for apt ministers or the blame for default thereof as our * Pag. 64. 65. vide gl in c. ad hâ—c ver examinentur Ext. de officio Archidiaconi c. Episco Ext. de preb author himselfe afore hath prooued incident to the archdeacon but to the Bishop and the lawe chooseth not the industrie of him to this effect but the Bishop in all places chooseth his archdeacon vpon whom this iurisdiction in right of his office is therevpon cast And therefore this is not as a bare ministerie committed vnto him by any man but cast vpon him by reason of his office through the disposition of the law yet not so necessarilie or especiallie as our author vrgeth but that by law the presentation by the archdeacon may be omitted That * Gl. in c. quaÌ„do ver sacerdotes dist 24. is saith the glosse when the Bishop ordeineth without any presenting by the archdeacon And * Gl. in ca. ad haec ver examinentur Ext. de officio Archid. c. vt nostrum d. another glosse saith That of common right it is the archdeacons office to examine and present clearks to be ordeined yet this is not generall if either there bee no archdeacon as in manie churches or if the Bishop thinke good to * c. quando dist 24. choose especiallie other priests for this purpose And if it were of substance yet in the answer to the former section it is sufficientlie shewed that the leauing of it out cannot make void the ordination So that
his first conclusion that these thrée The examination the time for ordering and the presenting by the archdeacon and also The calling whereof he hath before not spoken one word are points Essentiall and causes formall dooth fall flat to the ground and much more his other conclusion depending thereof that none being no preachers whom he therfore called Toong-tied are to be accompted ministers bicause they are Not made according to the order forme of the statute Whereby he would beate not vnlearned ministers alone but withall like one blindfolded with malice he lasheth out at all ministers in whose ordination some such slender circumstance hath not béene perhaps vsed 41. Section Pag. 83 84. ID his question heere seeing All solemnities in the making of ministers as he thinketh are by the lawmakers appointment essentiall or substantiall in case some not of the least moment onlie and which might otherwise wel inough haue beene reputed accidentall bee omitted but other of greater weight which he reckoneth whether then men so ordeined By our statute lawe be ministers at all or no I doo answer that except he can both prooue all such whose omission he would inforce to ouerthrowe the whole action to be essentiall and also those other circumstances to concur which in the end of the next section sauing one afore I haue shewed to be required to the adnulling of an act for want of forme we must still accompt them for lawfull ministers in the church For although the Bishop who omitteth any of those which be of moment may be punished yet I for my part cannot accompt any point of the ordination to be the formall cause of the externall calling into the ministerie besides the words giuing the authoritie to execute that function and the two necessarie solemnities of praier and the imposition of hands I doo obserue in this section that he or his printer to gratifie him hath twise changed the forme of the letter from Romane vnto Italian as though they were not the authors onelie words but some allegation Also that among those things which he would necessarilie haue the Bishop to haue regard vnto and not to omit at ordinations he reckoneth this that the minister be mooued by the Holie-ghost and be persuaded of the sufficiencie of scripture to saluation and surmiseth verie vncharitablie these to be wanting in Too too manie of our ministers which no man but the spirit of the man himselfe which is within him can iudge so soone is he lept into Gods owne throne and faketh vpon him to set downe what lieth hid in a mans owne conscience Likewise is that of his ridiculous where he blameth the Bishop for ordering him that is not example to his flocke or will not teach c considering it is not possible for the Bishop to prophesie how the minister will behaue himselfe in his function afterward And the booke prescribeth not these as qualities to be attended before the ordination but as solemne vowes and promises before God and his congregation the more strictlie to tie the minister vnto the fulfilling of his dutie And so is this as foolish and wandring where he saith The vnlearned ministers the complaints to the Councell the Bishops owne records are glasses where in wee may see these omissions of forme and maner at ordinations not to be feigned I doo thinke verie few complaints haue béene made for not obseruing the forme of the booke and fewer circumstances omitted I am sure are recorded Touching his Daior proposition of his syllogisme That the forme not obserued by him which had no authoritie before that booke of ordering was by law confirmed except he meane it that they had no authoritie before to make them according to that forme is most apparentlie false and to be controlled by infinit lawes and canons which endow them with this authoritie as incident vnto their dignitie euen from the apostles times downeward Now the lawe is berie euident that * Gloss singul Caerd in Clem. 1. in princ de iure patronatus Phil. in c. qua fronte Ext. de appel If a forme be by law set downe to be done by an Ordinarie in that point wherein he had iurisdiction afore though the forme be not obserued yet the act done is of force and shall stand Therefore the vanitie of all that hath to this purpose hitherto by him béene said is hereby detected But admitting the conclusion were true That processe not made according to the order and forme of the statute were void how can he inferre hereof that all not being preachers whome therefore he calleth Dumbe and idoll-ministers are no ministers at all Dust we thinke that such as at their making ministers are able to preach haue this priuiledge peculiar onelie to them that no part of the forme can possiblie be omitted at their ordination and that other that be not able are all so vnhappie that the Bishop possiblie cannot at their ordination hit vpon it But what shall we saie then if one able to preach and another not able be at one time and in one maner ordeined togither shall the one shall both or shall neither for want onelie of some forme be ministers Indeed and by law according to this mans supposition 42. Section Pag. 85. THaue shewed before what force these reasons of similitude or comparison are of in all disputation but especiallie in matter of law His * L 10. ff de decuri first That the inserting of a mans name in the register of decurions will not make him a decurion without a due election being set by him vnquoted hath not so much as a colour or shew to prooue anie thing else but that euerie one is not straight without the outward calling of the church to be reputed a minister though he by some meanes haue gotten letters of orders The * l. 30. ff quaÌ„do dies lega cedat reason of the other law by him alledged whie the Iegacie giuen to an infant the day of hir marriage shall not be due before the be married and haue atteined twelue yeares of age is bicause before that time it is but a mocke marriage and may be dissolued at such age neither is reputed a iust and lawfull matrimonie before that time according to that * Institut de nupâ—â—s in initio Iustas nuptias inter se contrahunt ciues Romani viri quidem puberes foeminae autem viripotentes If he will applie this to his purpose then must he prooue that an ordination into the ministerie of any not able to preach is by lawe as no ordination the contrarie where of I * Sect. 30. haue afore shewed euen out of that statute which here he alledgeth where it was also said that the statute hath no one word to make void admissions to orders in respect of any default there touched as may appeare to those who will peruse it 43. Section Pag. 85 86 87 88 89. BIcause our author will make sure
he imagineth and by his owne onelie balance trieth to be vnlearned Are not truelie called nor mooued by the Holie-ghost as it is vncharitable in termes of christianitie so is it not warrantable by lawe Naie if we should admit such a contract and stipulation to be concluded betwixt the Bishop and the minister and that guile and deceit had therein such a stroke that by no compensation it could be saued but that the action were voidable yet neuerthelesse séeing he maketh it A stipulation and sure bond by words by méere law the action and contract shall stand good till it be reuersed as he himselfe His owne reason recorâ—ed against him confesseth till when both in name and déed they may in law be truelie called ministers Yea and further if that whole contract and stipulation were Ipso iure euen by common right méerelie void yet hereof cannot be inferred as he dooth that such Are intrudors yea and not so much as in name ministers Séeing these demands and answers are but solemnities about that action yet not the sole and onlie solemnities thereof but least of all are they of the substantiall forme of ordination which reacheth no further than to the authoritie of ministration giuen when the Bishop hauing praied dooth with the ministers present laie on their hands vpon him that is ordeined And therefore that which as a corollarie he buildeth here vpon that séeing this contract fraudulentlie contriued cannot bind either of the parties Much lesse can it tie the common wealth or church of Christ dooth all vnder one receiue an answer But that which he saith of wicked promises and othes against honestie which bind no man to kéepe them dooth argue that he careth not what he saie so he saie any thing Is there any thing I praie you in those demands and answers which he as it séemeth meaneth by An oth against good manners and by wicked promises which is not most godlie and fit to be vsed in such an action yea and is such as whereof diuers times in this booke he hath vrged a strict obseruation Of like skill and discretion is that which hée bringeth out of the impossibilitie of performance of such conditions by the minister to prooue the contract betwixt the minister and him void Bicause no man can be tied to impossibilities For if those promises there to be made are such impossible * Dynus in reg impossibilium things as the law meaneth that is either by nature impossible as to be in two places at once or in fact as to go from hence to Rome in a daie or by lawe being forbidden as to sell mine hand vnto you for a yéerelie annuitie then hath he by his owne construction shut out of doores not onlie vnlearned but all other ministers ordeined according to the order of this church of England from being true ministers But thanks be to God his malice and his might in reasoning are not alike and neither are those interrogatories and answers any contract nor the cheefe part of that action nor yet doo conteine any such impossibilitie But perhaps he ment that they which were vtterlie vnlearned could not possible fullie performe all which they there promised so thinking also that all impossibilitie was simple and absolute as neuer dreaming of an impossibilitie Ex hypothesi which it may be he neuer heard of or vnderstood he did therefore belike imagine that this reason also might go for good paiment amongst the rest 44. Section Pag. 89 90 91. HIS former reason of guile and deceit though it haue but a leaden point yet it serueth him to as many vses as though it were Delphicus gladius For he thereby first concludeth The contract betwixt the Bishop and the minister to be void next that Such ministers are intrudors then that They deferue not the title and name of ministers and now That the Bishop by law ought to cite such a minister Ex officio and to proceed to his deposing Truelie we are greatlie beholden vnto him as for his art herein so in that he will leaue this libertie to the Bishop to depose ministers vpon iust occasion and that procéeding Ex mero officio against them But how agréeth this with his popular election of ministers For I hope if the people with the Bishop haue the placing naie if he must but admit like a Vicechancelour whome they present vnto him then must they haue authoritie also to displace their minister for * c. 1. 2. Ext. de Capellis Monachorum c. cum plantare §. in ecclesâ—s Ext. de priuilegijs Cuius est instituere eius est destituere He that hath authoritie to place in a benefice he hath also to displace And as afore he was content to frame a part of submission for the Bishops so here in great kindship for sooth he draweth in their behalfe a processe against such a minister arguing sufficientlie his deepe insight in law being such a péece of worke as for which all the aduocates in Spire Paris Bolonia and Siuill may woonder on him and cast their caps at it for euer making such another infamous libell rather than legall syllogisme I will trusse vp this his solemne proces as short as I can in this maner You person A. B. deceiued me when I made you a minister you made an open lie you haue not kept promise either by preaching or exercising discipline in your parish you sue your neighbours for trifles and you haue not since repented you of these with diuerse others therfore I haue summoned you to depose you And by the waie I will aduise you not to thinke me vnconstant doing nothing herein but what an emperor in a lesse matter did before me and that which is for your owne benefit In his proces set out at large in his booke I obserue that he laieth a great number of faults as I take it iointlie whereof if any one be not prooued the defendant must be absolued For otherwise he must tell vs whether euerie of these which be obiected doo seuerallie deserue deposition by law Inconstancie which I thinke no man will affirme Also that which afore he called A solemne stipulation betwixt the Bishop and the partie ordeined he now termeth a Vow to GOD. Further he deduceth in his processe manie faults against the minister as Dishonouring and prophaning GOD quarelling and such like so * Spec. de posiâ—i §. 5. 1. ver item ad generallie and vncerteinlie that by law they are to be reiected being not otherwise by the defendant to be answered And he which afore had accused Both Bishop and minister of guile and collusion betweene them dooth here séeme to cleare the Bishop as being by Guile of the other partie circumuented As for the ministers Not preaching being vnlicenced and Not exercising of discipline is but friuolouslie alledged séeing no lawes doo warrant them but such as the author hath framed in his owne forge Here is also
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
yet his reasons to prooue such to be Ministers indeed and by law are so childish beggings of that which may be controuersed that I assure you a man might iustlie doubt that he did but dallie and Praeuaricari herein First he saith they are so bicause They are indeed and truth messengers A childish fallacie sent by God Secondlie bicause they Are ministers by the law of this land Truelie this man that was so strict afore is soone woone which is ouercome with these doughtie reasons which no man but he may with as great probabilitie denie as he may doo the conclusion to be prooued being the verie selfe-same with the premisses consisting in these two reasons Touching the matter it selfe law teacheth vs that A protestation with a contrarie act worketh nothing Therfore how can this protestation releeue our author any Pag. 77. thing who hath afore plainelie refused all for ministers in whose ordinations the maner and forme of the booke is not exactlie obserued And which maketh All solemnities therin Pag. 83. euen of the least moment to be substantiall and not accidentall by the law-makers appointment Therefore out of his owne words and reasons to prooue this his protestation vaine and elusorie I reason thus 1 Wheresoeuer the first branch of the statute for the Pag. 77. obseruing of a forme and order in the ordinations of ministers is broken there the second branch authorising them to be in verie deed ministers can take no place But some Pag. 92. of the points required haue beene and are perhaps dailie omitted in making euen the best men that are in the ministerie at this daie and so the forme and order of the booke not obserued Therefore the best men that are in the ministerie at this daie perhaps are not in verie déed ministers 2 Wheresoeuer the forme of an act is not speciallie Pag. 78 80. deinceps and at an inch and not by any thing equiualent obserued there the act by meere law is no act at all But some points Pag. 92. of the forme required are perhaps dailie vnobserued in making the best men ministers that are in the ministerie at this daie Therefore c. 3 Wheresoeuer a certeine forme and order of proceeding Pag. 84. is appointed to those that had no authoritie before such commission there if the forme be not obserued the processe by lawe is meerelie void But the Bishops before Pag. 84 92. the statute hauing no authoritie to make deacons or ministers doo omit the forme perhaps dailie in making the best men ministers Therefore their procéeding herein is by lawe méerelie void and so the best men we haue in the ministerie perhaps not in verie deed ministers and therefore as our author often collecteth are Intrudors But he which to the intent he might haue some shew to serue his humor and to wrap in either one waie or other those whome he foreiudgeth to be vnlearned to the danger of vsurpation and intrusion did tell vs in great earnest Pag. 83. that all the solemnities about ordeining of ministers how Small of moment soeuer they seemed to be by the law-makers appointment were substantiall and not accidentall dooth now in another tune saie that Learned qualified and inwardlie called and vnlearned vnqualified and not inwardlie mooued dooth differ as much as light and darknes meaning and insinuating hereby as I doo gather that whatsoeuer he hath aforesaid concerning Forme solemnities commission statute or good faith they were not so much to the matter or greatlie to be stood vpon but that these are Differentiae specificae constitutiuae of a minister indéed which maketh him so to be and thereby onelie dooth also differ from such as be not Quo teneam vultum mutantem Protea nodo And if so be these thrée be the onelie necessarie points concurring to the making of a minister indéed and distinguishing a true minister from an vsurped then may we haue a minister in this church without the externall calling by the Bishop which is not here spoken of If by Learned he meane onelie such as are apt to teach and by teaching meane onelie preaching whie did he not ad also that which S. Paule ioineth with aptnesse to teach to be able also to confute errors and heresies But the booke requireth as of necessitie no other learning but that he be Sufficientlie instructed in holie scriptures which that it reacheth not alwaies so high as that he must be able to be a preacher is shewed in diuers places afore The qualities Preface to the booke which the booke speaketh of are onelie that He be by sufficient testimonie commended or else knowne to the Bishop to be of vertuous conuersation and without crime and also that he be found learned in the Latine toong But that he be inwardlie mooued by the Holie-ghost to the worke of the ministerie is a thing left to his owne conscience and not to be discussed by the Bishop or any man else but in charitie which hopeth all things to be intended and presumed And séeing it is possible for a man verie vnfit at the beginning by studie practise the blessing of God to become sufficient and for him that is now well and honestlie disposed afterwards to relapse into loosenesse of life and for him also that is skilled in the Latine toong sufficientlie instructed in holie scripture either by disuse or by the visitation or iudgement of God to become verie ignorant and sottish in both therefore I doo not sée if we knowe not the contrarie but both by the rules of charitie and law we are bound to thinke that yet at the ordination of such a one he was so qualified in all these points as was requisite That a Bart. in l. cum quid ff si certum petatur which is agreeable to the nature of any contract is presumed to haue beene performed Againe A b c. in praesentia de renuntiat c. cum inter de re iudicata c. bone de elect gl in c. quoniam Ext. de probat iudge is presumed to haue rightlie executed that which is incident to his office Further That c L. quotiâ—s ff de rebus dubijs c. Abbate sane Ext. de verb sign which confirmeth and not that which adnulleth any act is intended to haue beene doone And lastlie Euerie d L. ab ea parte ff de probat spec de proba §. 1. verb sequitur videre one is presumed fit and capable till the contrarie be prooued But our authour cleane contrarie to this euen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will presume all requisites to haue béene obserued by that which appeareth in his conuersation and learning afterwards So that by this reckoning a man neuer so orderlie at the first called both inwardlie and outwardlie vpon defects afterwards arising in him shall be shut out for an intrudor vsurper or one which by wrong suggestion and fraudulent meanes hath attained the ministerie
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
flaâ—â—â— forbidden which things our auncestors not thoroughly foreseeing neither onely examining for what maner of causes or matters licenses were at that time obtained at the sea of Rome but onely in a generantiâ— inhibiting things repugnant vnto the law of God neuer particularly describing what those things were but leauing the same wholly to the iudgement and discretion of one man the Archbishop alone haue fallen into two paipable absurdities the one that one man alone hath from time to time authoritie by his discrerion to determine what causes are repugnaÌ„t to the holy scriptures and lawes of God Pag. 138 what causes and matters are conuenient for the honour and safetie of the King of England and what are necessary to be had for the wealth and profite of the Realme three things of such waight and importance as the whole bodie of the realme at that time was scarce able to conceiue much lesse shall euer any one Archbishop be able to practise The other absurditie is this viz that by this statute soueraignitie is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of England The wordes of the statute are plaine euident But what reason is there for kings and Queenes of Englande to become wardes and pupils vnto an Archbishoppe of England Or how agreeth it with the word of God that a Christian King shoulde in any sort bee in subiection vnto his owne vassall Or what Christian subiect dareth attempt to offer vnto his Christian soueraigne a tollerationâ— For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the libertie of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a Christian king neither a Christian subiect be dispenced with For what man can dispence with the lawe of Godâ— And in case the matter of dispensation concerne any thing appertaining vnto this lyfe how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatine For either he must be dispenced with for breach of the positine law of this lande and haue the payne of law remitied him by yâ— Archbishop which were to set the Archbishoppes keyes aboue the kinges armes Or els he must purchase a dispensatioÌ„ that he may break his law which wer against his honor safety For saith yâ— Emperour Digna vox est maiestate Pag. 13 regnantis legibâ—â—â— alligaium se principem prositeri It is a word worthie c. De le const it princ l. digna the mâ—iâ—sâ—ie of a ruler to acknowledge himselfe as chiese tied vnto the lawes Moreouer this case betweene the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes customes of the Realme betweene the king his subiects For they remaine still the kings vnderlings and in deed giue but the kings iudgement they iudge not the kings person neither commeth anie thing touching his person before them But dispensations from the Archbishop to the king concerne the kings owne person The king in his roiall person or by his proctor must appeare in the Archbishops Consistorie he must alleage before the Archbishop sufficient matter wherevpon the Archbishoppe but a subiect may be mouâ—d to dispence with the king his soneraigne and finallie the kings wisdoâ—â—â— must be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 whatsoeuer is dishouourable and dangercus for her highnesse person the same cannot be conuenient for her honour and safetie 2 But it is dishonourable and dangerous to haue the Archbishop to dispence with her highnesse 3 Therefore the same is not conuenient c. Pag. 140 Which reason also may be as well applyed to disproue the the vniawsulâ—nesse of the Archbishoppes dispensations graunted vnto anie of her highnesse subiects as vnto her highnesse owne person in as much as her kinglie prerogatiue â— supreme gouernment in matters lawfull by the holie Scriptures is thereby impeached the Archbishops iurisdiction onelie aduanced and the furetie of her royall person and peace of the common weale ill prourded for Againe sithence cuerie one of sound iudgement vnderstandeth the honour and safetie of her highnesse person onely and wholly to consist in the protection and safegard of our most mightie and gratious God that nothing can be so honourable and safe for her highaesie as humblie and reuerentlie to attend and to submit her selfe to the scepter of his word the execution of this statute by the Archbishop cannot be but most inconuenient and perillous for her highnesse person in as much as partly through a carrupt consiruction partlie by a siniâ—ter iudgement not rightly discerning what things are repugnant to the holy Scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safetie vnto her highnesse person And therefore her highnesse is humblie to be intreated to take the entire dominion and whole soueraigntie due vnto her by the worde of God into her owne handes and not anie longer to suffer such a blemish to remaine in her gonernment Had her Highnesse most noble Father vnderstood his kinglie person to haue vnder-gone the Censorship of his subiect no doubt he would as couragiouslie haue fought against an Archbishop as hee did against an Abbot As concerning the pouertie of certaine persons pretended Pouertie of the person no cause for a dispensation Rebuff de dispen ad plu benefi alleaged in defence of dispensations for manie benefices that because the reuenues and profites of one benefice is now a daies not a competent and sufficient mainteinance for a Minister his wife and familie that therefore in respect of such pouertie they are necessarie and to bee borne withall I answere heerein first with Rebuffus the Lawyer that Licèt quis sit pauper c. Though one bee poore and suppose two benefices to bee verie necessarie and profitable for him yet for this cause the Pope may not dispence But if it bee necessarie or profitable for the Church to haue a teacher to instruct maintaine and defend the same then shall a dispensation bee lawfull Pag. 141 Secondlie that whosoeuer hath taken vpon him a charge with a poore liuing and stipend belonging to the same ought by lawe to content himselfe therewith and not in respect of anie pouertie to seeke to haue many huinges thereby to better his estate or augment his liuing For the Lawe in truth is as followeth Qui modicum recepit beneficium 32. q. 5. c. horrendus c. Hee that hath receiued a small Benefice
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
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