was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs Church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz. to whom the election of Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
temporall should have beene derived originally unto the Bishop from her Highnesse person as from the only head and fountain of all the same spirituall power within her Kingdomes in such manner and form and by such commission under the great Seal as her H. temporall Officers Justicers and Judges had their authorities committed unto them And to this opinion Master D. Bilson seemeth to accord For all power Pag. 348. saith he is not only committed to the sword which God hath authorised but is wholly closed in the sword Against the head that it shall not be head to rule and guide the feet can be no prescription by reason Gods Ordinance for the head to governe the body is a perpetuall and eternall law and the usurpation of the members against it is no prescription but a confusion and the subversion of that order which the Pag. 114. 130. God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance unto the Bishops of this Realme none other but subordinate and delegate authoritie and that the matter and heads wherein this jurisdiction is occupied are by and from the Christian Magistrates authoritie In whom as supreme Governour all jurisdiction within her Dominions aswell Ecclesiasticall as Civill by Gods and mans law is invested and their authoritie Ecclesiasticall is but subordinate under God and the Prince derived for the most part from the Prince From which two Statutes and judgements of the gorernours of the Church contained in these two bookes for these two 1 Eliz. c. 1 8 Eliz. c. 1. books were seen and allowed by the Governours of the Church I leave it to be considered if the Bishop did exercise the same improper and abusive spirituall power and jurisdiction Ecclesiasticall only and alonely in their owne names stiles and dignities and under their own seales of office and that also by authoritie of forraign and Papall laws if I say the Bishop did these things after this and this manner I leave it then to be considered whether their exercise of such power were derogatory and prejudiciall in a very high degree to the prerogatives of the Royall Crown or not For my part because I finde by the forraign Canon Law that Papall Bishops bee the Popes sonnes and are priviledged to carry the print and image of the Pope their father namely that they have plenitudinem potestatis within their Diocesses as the Pope pretendeth Ex. de Major obe to have power over the whole world For quilibet ordinarius saith the same law in sua Dioecesi est major quolibet principe and because also notwithstanding whatsoever the B b. have written that M. Bilson pag. 330. they were the Queenes B b and had their authoritie derived unto them from the Queene they did in her life time put the same Papall Law in execution and by the same law did take upon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceive but that exceedingly â—hey did intrude themselves into the Royall preeminences priviledges and prerogatives of the Queene For by what other authoritie than by a certaine The Bb. by a plenary power devised and promulged new Canons without the Queenes assent plenarie power did they in their owne names for the government of their severall Churches within their severall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Injunctions and Articles soever seemed good unto them without any licence or confirmation from the Queene first had and obtained thereunto By which pretensed plenarie power it seemeth that the statute made to bring the Clergie in submission to the King was covertly deluded and our late Soveraigne Lady the Queene cunningly bereaved of that regall authoritie over every particular Diocesan or Ordinarie which notwithstanding by the Parliament was given unto her Highnesse over the whole body and state of the Clergie For if once there bee no necessitie of the Kings licence assent or confirmation to such Articles Canons or Injunctions as every Ordinarie shall make within his jurisdiction then must it be intended that the Statute of submission hath covertly permitted severall members severally to doe and to execute those things which apparently and in expresse terms the whole convocation was commanded and with the same in verbo sacerdotii had promised not to doe then the which what can seeme more unreasonable and absurd For then might all the Ordinaries joyne hand in hand and agree all together in one never in any of their convocations assembled by the Kings Writ to devise make or promulge any Canons Ecclesiasticall at all And what assent licence or confirmation from the King could then be needfull Or how then was the Clergie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold cord is not easily broken but then should it be with them contrary to the proverbe for they being all fast knit and bound together unto the Kings authoritie by a cord of twenty foure threads might easily be broken but being severed and pluckt assunder into twenty foure parts one from the other the 24 Bishops can make no law with out leave And yeâ— every B. doth make many lawes King with all his regall power might not be able so much as to break one of the least threads wherewithall one of their cords was twisted If the Lord Major the Sheriffs Aldermen and whole communaltie of the Citie of London should promise unto the King upon their fidelities not to set any price upon Wines or other victuals by their common Councell within the said Citie unlesse the King under his privie signet should first authorize them so to doe were it not a meere collusion of the Kings meaning if every particular Alderman should set prices of such things in every particular ward But against the collection made from the Statutes 1 8 Eliz. and the judgement of the divines aforesaid A collection made against the former reason by an Apologie for sundry proceed by jurisdi â—â— pag. 5. the author of an Apologie to his understanding reckoneth the same collection to be a very simple collection and against the same he answereth and reasoneth in effect thus If as is collected all power spirituall by a commission under the great Seale must bee derived from the Queene to warrant the execution of it unto him that is to exercise it then must the like warrant bee procured for every temporall office to execute his temporall office But every temporall officer must not procure like warrant to execute his temporall office Therefore a Commission under the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his major proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as
written of the common law is reported hath beene in times passed presented and punished in leets and law-dayes in divers parts of the Realme by the name of Letherwhyte which is as the booke saith an ancient Saxon terme And the Lord of the Leet where it hath beene presented hath ever had a fine for the same offence By the statute of those that be borne beyond the seas it appeareth that the King hath cognizance 25. Ed 3. of some bastardy And now in most cases of bastardie if not in all by the statute of Eliz. the reputed father of a bastard borne is lyable to be punished at the discretion of the justices of peace Touching perjurie if a man lose his action by a false verdict in plea Perjurie if punishable temporally in some cases why not in all of land he shall have an attaint in the Kings Court to punish the perjurie and to reforme the falsitie And by divers statutes it appeareth that the Kings temporall Officers may punish perjurie committed in the Kings temporall Courts And though it be true that such perjury as hath risen upon causes reputed spirituall have beene in times past punished only by Ecclesiastical power and censures of the Church yet hereupon it followeth not that the perjurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civily punished By a statute of Westminster 25. Edw. 3. it was accorded that the Vsurie King and his heires shall have the cognizance of the usurers dead and that the Ordinaries have cognizance of usurers on life to make compulsion by censures of the Church for sinne and to make restitution of the usuries taken against the lawes of holy Church And by another statute it is provided that usuries shall not turne against any being â—0 h. 3. â— 5. within age after the time of the death of his Ancestor untill his full age But the usurie with the principall debt which was before the death of his ancestor did remaine and turne against the heire And because all usurie being forbidden by the law of God is sinne and detestable it was enacted that all usurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that every such offender shall also bee punished and corrected according to the Ecclesiasticall lawes before that time made against usurie By all which statutes it seemeth that the cognizance and reformation of usurie by the lawes of the Realme pertaineth onely to the King unlesse the King by his Law permit the Church to correct the same by the censures of the Church as a sin committed against the holy law of God Touching heresies and schismes albeit the Bishops by their Episcopall and ordinarie spirituall power grounded upon Canon law or an evill custome have used by definitive sentence pronounced in their Consistories to condemn men for heretikes and schismatikes and heresies schismes are punishable by the kings laws afterward being condemned to deliver them to the secular power to suffer the paines of death as though the king being custos utriusque tabulae had not power by his kingly office to inquire of heresie to condemn an heretike and to put him to death unlesse he were first condemned and delivered into his hands by their spirituall power although this hath been I say the use in England yet by the statutes of Richard the second and Henry the fifth it was lawfull for the Kings Judges and Justices to enquire of heresies and Lollards in Leets Sheriffs 25. h. 5. c. 14. turnes and in Law dayes and also in Sessions of the peace Yea the King by the common law of the Realme revived by an act of Parliament which before the Statute of Henry the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of England the king by the Lawes of the Realme and by his Supreme and 1 Eliz c. 1. Soveraigne power with his parliament may correct redresse and reforme all such defaults and enormities Yea further the king and his 1 Eliz. c. 1. parliament with consent of the Clergie in their Convocation hath power to determine what is heresie and what is not heresie If then it might please the king to have it enacted by parliament that they which opiniatively and obstinately hold defend and publish any opinions which according to an Act of Parliament already made have beene or may be ordered or adjudged to bee heresies should bee heretikes If it please the King heretikes may be adjudged felons and heresies felonies and felons and their heresies to be felonies and that the same heretiks and felons for the same their heresies and felonies being arraigned convicted and adjudged by the course of the common law as other felons are should for the same their heresies and felonies suffer the paines of death there is no doubt but the King by vertue of his Soveraigne and Regall Lawes might powerfully enough reforme heresies without any such ceremoniall forme papall observance or superstitious solemnitie as by the order of the Canon Law pretended to bee still in force have beene accustomed And as these offences before mentioned bee punishable partly by temporall and partly by Ecclesiasticall authoritie so drunkennesse absence from divine service and prayer fighting quarrelling and brawling in Church and Churchyard defamatorie words and libels violent laying on oâ— hands upon a Clarke c. may not onely bee handled and punished in a court ecclesiasticall but they may also be handled and punished by the King in his temporall courts By all which it is evident that the Clergie hath had the correction of these crimes rather by a The cognizance of all crimes as well as of some crimes â—â— the law of God belong to the King custome and by sufferance of Princes than for that they be meere spirituall or that they had authoritie by the immediate law of God And if all these as well as some of these crimes by sufferance of Princes and by a custome may be handled and punished spiritually then also if it please the King may all these as well as some of these crimes without a custome be handled and punished temporally For by custome and sufferance only some of these crimes be exempted from the cognizance of the King and therefore by the immediate law of God the cognizance as well of all as of some oâ— these crimes properly appertaineth unto the King And then the judgement of those men who defend judgements of adulterie slander c. to be more temporall and by the temporall Magistrate only to be dealt in seemeth every way to be a sincere and sound judgment Howbeit they doe not hereby intend that the party offending in any of these things and by the Kings law punishable should therefore wholly bee exempted and freed
wherof were lay men good or moderate discipline to be used by the Ecclesiasticall Commissioners And then were it fit that the people were resolved what a very good manner of Discipline Master D. W. and other Ecclesiasticall Commissioners used against Master E. whom by vertue of the Ecclesiasticall commission they excommunicated The tenor of which excommunication taken out of the Register at L. followeth In Dei nomine Amen Nos I. W. Sacrae Theologiae Doctor c. Cancellarius ecclesiae c. M. A. M. Armigeri M. H. civis civitatis c. Commissarij rite legitime procedentes I. E. de B. L. Dioceses ad hos diem locum legitime peremptorie citatum praecognizatum diuque expectatum nullo modo comparentem pronunciavimus contumacem in poenam contumaciae suae hujusmodi cum excommunicavimus in hijs scriptis Concordat cum Regio T Moreover it seemeth not an unmeet thing that some Ecclesiasticall Authority committed to Pursevants by the Ecclesiasticall commissioners If the Queen had specially commanded this search it is credible that her privy Counssellors shold have set to their hands rather than the High Commissioners Commissioners did make knowne unto the people whether banishment be an Ecclesiasticall Discipline and what moderate discipline Ecclesiasticall the Commissioners used when they banished religious Master Fullerton the Scot from dwelling at Warwicke or within certaine Miles thereof Or lâ—t them iâ—foâ—me the Realme what a very good moderation was used when by the Ecclesiasticall Commission for suppressing of Martines Books and other books of argument against the Hierarchy they authorized drunken and swearing Pursevants to search mens houses and to break up their chests c. the Copie of which their Letters is this viz. Whereas the bearer is say they by the Queenes Majesty especially appointed to make search and to apprehend certaine suspected persons according to such particular directions as he hath in that behalfe received these shall be to will and require and in her Majesties Name strairly to charge and command you and every of you to whom these shall appertaine to be by all good and possible meanes ayding and assisting to the bearer in the execution of this service by entring into all such houses as he shall think meete and hold suspected as well within liberty as without and that in them and every of them to make due and diligent search And to search all manner of writings letters papers bookes and all other things carrying note of suspicion sparing no studies chests cubbares lockes or walles as also to apprehend examine and bring before us such persons as by Her Majesties said direction therein appointed and wherein if he shall any way require your further assistance you may not faile to yeeld him the same with all diligence and dexterity according to the trust reposed in you as you will answer for your default for the contrary at your uttermost perill Directed unto all Mayors Sheriffes Justices of Peace and quorum Baylifes Constables Hedboroughes Tything-men and to all other Her Majesties Officers and Subjects c. But be it that all these manners of Disciplines were moderate and good Ecclesiasticall Disciplines and more to be used yet there may a scruple remaine which were fit to be discussed what a very good moderation and manner of Discipline within our remembrances was used betweene an Archbishop and a Bishop both high Commissioners against certaine Gentlemen and one of their Wives about these Articles following Articles objected by her Majesties High Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B in the Countie of L. IN primis VVe object unto you G. B. and L. your wife that you have within these seven yeares and so at this present doe keepe company and use conference with diverse persons disobedient to her Majesties lawes and such as be suspected to resort and frequent unlawfull Conventicles Item wee object unto you to the end you might the better insinuate your selves into their companies you Quere whether this convention were lawfull for this cause Quere against what law this entertainment was and whether the Bishop of L. conversing with Popish Priests and traytors did not more offend have tabled and boorded vvith the same parties and that you or one of you have beene heretofore convented for the causes aforesaid before the novv Lord Archbishop his grace for entertaining into your house a person which stood then and yet standed suspended and deprived for disliking the Booke of Common Prayer and other godly orders established by Her Majesties authority in this Realme Item VVee object unto you the said G. B. and L. your Wife that you have not frequented divine service celebrated vvithin your Parish Church of Bothese vi 5. 4. 3. 2. or one yeares last nor doe not at this present at least every Sunday nor have received the holy Communion within your said Parish Church during the said yeares Item that you the said G. B. and L. your Wife vvithin the time aforesaid have not Christened nor baptized Quere whether the Bishop did not more offend the law of God by preferring these artioles than the Gentleman did by procuring his children to be Baptised by a preaching Minister having none at home your Children vvithin your Parish Church but contrary to the forme and order of Her Majesties Lavves in that case provided have either christened them at home privately in your ovvn house or have carried or caused them to bee carried to other Churches And let them declare what Church and vvhat Minister did baptise them and where and vvhether the same Minister did at the same baptisme signe the child vvith the signe of the Crosse and let them declare the cause vvhy they did baptize their children out of the Parish Item that the Ministers pevv or seate in the Church of B. aforesaid by the direction of the L. Reverend Father Note that the bishop of L. was not bishop of the Diocesse in God the Bishop of London that novv is being at the same Church as also by the consent of the Minister and Church-Wardens there vvas placed in a very convenient place of the Church to the end the Parishioners there might the better heare and understand the Minister at the time of reading the divine service Item We object unto you that you the said F. B. vvithin these vi or 3. moneths last past have vvithout any sufficient vvarrant or commandement from the Father in God the Lord Bishop of London or his Clancelour or other having authority therein very disorderly and contemptuously removed the same seat to the great offence of the Parishioners and bad example of others Item We object unto you that you knovv beleeve or have heard say that Za. G. is a Preacher of the VVord of God and a man of good life and conversation and lawfull Parson of B. aforesaid Item VVe object unto you that the premisses notwithstanding you the said F.
temporally as the other doth spiritually And certes it seemeth that the Admonitor was drawne very dry of reason when hee was faine to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of Discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will think themselves to have injury if they deale not in all causes of the Common-Weale as well as in all causes of their Churches or whether hee meant that the common people wâ—ll easily transferre the government of the Common-Weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnesse nor soundnesse in his meaning For sithence the Leaâ—ned Ministers against the reverend Pastors disclaime to deale in civill matters Bishops by the holy rules of our faith maintaine that it is not lawfull for a Mâ—nister of the Gospell to exercise civill Magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easily oppugne their owne knowledge by their owne contrary practice Or how is it probablâ— that they would overleade themselves with that burthen to ease the Church whereof they have contentedly exposed themselves into a number of reproches contempts bytings and persecutions As for that other intendment of â—he Admonitors that it is gâ—eatly to bee feared that the common people will easily transferre Monarchy unto Democracie or Aristocracy if the principles and reason thereof by experience were made familiar in their mâ—nds this reason I say might seeme to carry some shew of affrâ—ghting a Monarch if the same were insinuated unto a King whose people were never acquainted with the Principles and reasons of Democracy or Aristocracy but this feare being insinuated unto our late Soveraigne Lady the Queene whose people ever since the time they first began to be a people have had their wits long exercised The people of England have their wits exercised with the sense of Democracy Aristocracy with the sense and feeling of the reasons and principles as well of Democracy as also of Aristocracy what sense had the Admonitor to urge this feare That in the Kingdome of England the common people have already the sense and feeling of the reasons and principles of Democracy cannot be denyed For in every cause almost as well of criminall as civill justice some few only excepted to be executed in the Common-Weale by the common lawes of the Realme have they not some hand and dealing in the same by one meane or other Nay which is more have they not the sense and feeling of the making and unmaking their own laws in Parliament And is not their consultations in Parliament a meere Democritall consultation As much also there is to be avowed for the sense and feeling of the reasons and principles of Aristocracy to be already in the minds of the Peers the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest and the chiefest taken out of these by the King to be of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their Assembly also in Parliaments a meere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to be made into the Common-Weale when the minds of all sorts of our common wealthes men be already seasoned with the things which hee feareâ—h And when the Common-Weale is already seized of the Principles and reasons which he would not have familiarly knowne unto it Wherefore that the King the Nobles and Commons may no more be feared with the strangenesse of these uncouth and unknown Greeke names of Democracy and Aristocracy written in his booke with great and Capitall Letters I have thought it my duty by these presents to informe them that the government of the Church by Pastors and elders now wanting amongst us and desired to bee brought into the Church by the Soveraigne authority of our King Nobles and Commons in Parliament for the outward forme and manner thereof is none other manner of Government nor forme of policie than such as they and their Progenitors and Ancestors for many hundred yeares together without interruption have used and enjoyed in the Common-Weale And that therefore it will be a very easie matter to transferre the same to the government of the The manner of Policie by Pastors and Elders in the Church is agreeable to the government in the common weale The government of the Church by prelacy disagreeable to the government used in the common weale Church For by the reasons and principles of their owne government in the Common-weale and by the sense and feeling thereof they may well bee induced to thinke that they have injury if they have not as much to doe in matters of the Church as they have to doe in matters of the Common-Weale seeing they touch their commoditie and benefit spiritually as the other doth temporally And withall on the other side I shall doe my best endeavour to advertise them that the government of the Church by Prelacy is such a manner of Government as was never yet in the administration of justice by any subject no not touching the outward forme thereof once admitted into any part of Common-Weale and that therefore the same if it may please the King will very easily bee sent and transmarined unto Rome whence it first came and where it had it originall and birthright And to the end that wee may clearely discerne whether the nature of the Government of the Church by Prelacy or the nature of the Government desired to be planted by Pastors and Elders be more agreeable to the nature of the policy received and used both by the Nobles and common people in the Common-Weale it is necessary that the manners and formes both of Prelaticall and Pastorall Government bee made familiar unto the minde of the Reader And because wee have already declared the manner of the election and confirmation both of a Bishop into his Episcopall See and of a Minister into his Pastorall charge what the one is by the Law already established and what the other by a Law desired to be established ought to be wee will not any more speake of their entrance into either of their places unlesse onely a little to recreate the Reader we meerely note what answer some Bishops have made when as long chasing after Bishoprickes they have chafed in their mindes for feare of losing The answer of an Italian Bishop loth to lose his Bishopricke their prey as was the answer of that Italian Bishop who being thrice demanded of the Archbishop as the manner is vis Episcopari vis Episcopari vis Episcopari and being willed by one standing by thrice againe to answer as the manner is nolo nolo nolo Hee making nâ— bones at the matter answered aloud with an The answer of an
whereas in the abstract it is alleaged that the Bishop by vertue of the order and forme appointed by act of Parliament bindeth the Minister as well to Minister the discipline of Christ within his cure The Minister by promise bindeth himself to minister the discipline of Christ page 55 page 60 as the doctrine and Sacraments of Christ as the Lord hath commanded c. hereunto first he answereth that these clauses doe not dispositively ordaine any thing for discipline as though the law meant by authoritie hereof to establish that the order in these things by the Realme received should bee holden as agreeable to the Word of God but must be taken enunciatively to declare and affirm that following the order by law established they should doe agreeable to Gods will But alas what repugnancie is there heard for how can the law declare and affirme that the Ministers following the order by law established shall doe agreeable to Gods will if the order in these things by the Realme received should not by the meaning of the law be Repugnance â—â— the answer to the abstract holden as agreeable to the Word of God What doth the law meane that a man can doe agreeable to Gods will in any thing which is not agreeable to his word or if the law have established an order in the discipline which is not agreeable to Gods word shall the Ministers doe agreeably to Gods will if they follow the Law For the meaning of the Law is plaine viz. that the Minister by vertue of his promise made to the Bishop shall bee no further bound to Minister any Doctrine Sacraments or Discipline received by the Realme unlesse the Realme have received the same according to the commandement of God For the Parliament having a religious consideration that the Minister of Christ must not have so much respect what the law of the Realme as what the Law of God commandeth carefully provided for his indemnitie in this behalfe Besides what a frivolous comment hath he made upon the words of the booke when he saith that these words of the Bishop do not A frivolous comment upon the words of the book of ordaining of priests c. dispositively ordaine any thing for discipline When as the question is not whether the Bb. words but whether the law and booke dispose any thing for discipline For the Bishop being but a servant to the booke and to the law and one unto whose fidelitie the execution of the law and booke is committed though he doe not by his words dispose any thing of discipline yet by his demand he sheweth unto the Minister that the office of the Ministration of Discipline within his cure and charge is committed unto him and that by his ordination his person is fully enabled as well to minister the Discipline as to preach the doctrine of Christ And hereupon also falleth to the ground his other answer as wholly impertinent to the point in question For where he saith that the Law meant not by authoritie hereof to establish that the order of these things by the Realme received should be holden as agreeable to the word of God The answer to the abstract wholly impertinent to the point in question this I say seemeth wholly impertinent to the purpose of the abstract For there is no such thing insinuated to be intended by the statute only the scope of the Authors drift in that place seemeth to be this viz. That every Minister by vertue of his promise enjoyned by act of Parliament to be made by him and by the office of ministerie taken upon him at the time of his ordination hath bound himselfe to minister the doctrine sacraments and discipline of Christ as the Lord hath commanded And what then if the law have not authorized disposed or established in particularitie the order The not disposing in particularity all rites and ceremonies of discipline doth not hinder the exercise of discipline by the Minister of these things or if the Scripture have not delivered every ceremonie forme or circumstance about these three things shall not the Minister therefore minister these or any of these three things at all And suppose I pray you that neither this nor any other law had in particularitie appointed the ceremonie of the Crosse the ceremonie of Godfathers or any other ceremonie in Baptisme or that the Law had not appointed the ceremonie of kneeling or any other ceremonie at the celebration of the Lords Supper should not the Minister therefore minister neither Baptisme nor the Lords Supper in the charge committed unto him yes he should And why forsooth because he hath promised so to doe and because the Lord hath commanded him so to doe Besides sithence every Minister by vertue of his promise and force of this law is bound to teach the doctrine of Christ to the people of his charge notwithstanding he be not tyed by the law of the Realme nor by the holy Scripture to any rite ceremonie or circumstance or to any exact forme or particular manner in teaching what reason can any man pretend that the not particularising of all rites ceremonies or circumstances in the Scripture or the not establishing of any order by the law of the Realme touching discipline should altogether hinder Answer to the abstract pag. 59. page 55. every Minister from the administration of all discipline in the Church For as touching the Answer that the Ministers may and doe exercise not the least parts of Discipline of declaring by Doctrine according to the word of God mens sinnes to bee Dis of declaring by doctrine is called disc erroneously bound and loosed and the censure of rebuking and reproving openly and that the discipline which the Minister is to execute reacheth no further than to teach his parish with all diligence to keepe and observe so much of the Doctrine Sacraments and Discipline of Christ as appertaineth unto them as touching this answer I say it is as erroneous as the former weâ—e frivolous and impertinent For as consolation and comfort by way of exhortation so reproofe and sharpe rebuking by way of dehortation belong properly to that part of the Ministers function which concerneth the binding and loosing of sinners by doctrine and not by discipline and is but an application of the doctrine to a wounded or seared conscience He therefore that leaveth no other dissipline to be executed by the Pastour of the Church than of declaring by doctrine mens sinnes to be bound or loosed and by teaching his Parish to observe doctrine sacraments and discipline confoundeth the matters both of discipline and doctrine Againe if not any other discipline Dâ—scipline and doctrine confounded by the Answerer was meant to be attributed to every Minister than such as is declared by doctrine then these words viz. and the discipline of Christ were superfluously and idlely added by the Parliament For then had it beene sufficient for the Parliament to have enjoyned the
Bishop to demand of the Minister only this and no more viz. whether will you give all faiâ—hfull diligence to minister the Doctrine and Sacraments of Christ There is therefore some other kinde of Discipline of Christ intended by the Parliament to The Parliament intendeth some other disciplinâ—â—â—han of declaring by doctrine be attributed unto every Minister and wherewith also the law of the Realme doth enable every Minister than is this manner of discipline oâ— declaring by doctrine and teaching the people And this discipline also must needs be understood to be of the spirituall censures of the Church because Christ never instituted any other discipline And therefore because our opposites agree with us in a generalitie that the doctrine Sacraments and discipline of Christ are to be ministred as the Lord hath commanded only and none otherwise and yet neverthelesse doe dissent from us touching the persons Answer to the abstract 55 60 by whome this discipline is to be ministred because say they every particular ceremonie rite or circumstance of externall policie are not set downe in Scripture because of this their answer I say it is to be considered First unto what persons the function of the ministration of the discipline of Christ by the holy Scriptures is committed Secondly whether the same persons with their functions bee arbitrable ceremonious â—â—â—rituall or circumstantiall To what persons the discâ—pline of Christ by the Scriptures is committed and whether the persons be arbitrable or no Phil. 1. 1. Tit. 9 5 7 to bee altered and changed by authoritie of the Church as things indifferent yea or no. To the first seeing to one and the selfe same person the holy Scriptures attribute these two names Bishop and Pastor thereby signifying what are the two duties which belong to the same one person and seeing also no one person by Gods word is called a Bishop or Pastour in regard of his fellow brethren the other Bishops or Pastours but in regard of his owne flocke which hee overseeth and seeing also in well ordered Churches by the Ordinance of God certaine men of approved godlinesse 1 Tim 3 1 called according to the common name of the Hebrewes by the common name of Elders whom partly calleth Governors 1 Cor. 12 28. were joyned as Ecclesiasticall Magistrates to the Bishop Pastor or teaching Elder by whose common direction and authority Ecclesiasticall discipline was practised seeing I say these things are so we affirme that the persons to whom the ministration of the discipline of Christ rightly belongeth are the persons onely above specified and none other And further we say if any spirituall Discipline or The Discipline of Christ pâ—ophaned if the same be ministred by other persons than the holy Scriptures do appoint power which directly be longeth unto the Conscience be ministred in the Church by any other persons than by those persons onely that the same Discipline is not to bee called the Discipline but a meere prophanation of the Discipline of Christ For as it is unlawfull for any person to usurpe any part of the Bishops or Pastors office which consisteth in spirituall teaching the word and administring the Sacraments so is it also unlawfull for any person to usurpe any part of a Bishops Pastors or Elders office which consisteth in spirituall rule and government Whereupon it secondly followeth that the same persons with their functions are not arbitrable ceremoniall rituall and circumstantiall as things indifferent to bee altered by the authority of the Church but perpetuall substantiall essentiall and as it were the very maine and fundamentall pillers to uphold and stay the House of God from all spirituall sliding and falling downe And therefore from the execution of the Discipline of Christ we seclude the persons of all humane Archbishops humane Bishops Suffrafanes Arch-deacons Chancellors Commissaries Officials and all Rowland Allens because their persons together with their functions are arbitrable ceremonious rituall traditionall or circumstantiall yea and removeable at the pleasure of the King and State Neither doth this disagree from that which was erst said of a A Bishop Pastor and Elder and our Lord â— diffr Bishop or Pastor that they be all one in respect of their function For it is not said that an humane Bishop and Pastor but that a Bishop and Pastor are all one For a Bishop simply so called is not a Bishop and Pastor in respect of his fellow brethren but only in regard of his flocke which he over-seeth feedeth and ruleth But a What a Lord â— is humane Bishop is hee that is promoted unto this dignitie by man and who by mans authority taketh upon him superiority and preheminence over them which are equall unto him touching their function that intangleth himselfe with civill government and worldly affaires and whose Bishoply office consisteth not so much in the dispensation of Gods Word and Sacraments as in Lordly and Bishoply apparell Crossing with the signe of the Crosse confirmation of Children sole imposition of hands sole excommunication sole enjoyning of Articles upon the people and Clergie of his Diocesse consecration of Oratories delegation of his Episcopall authority to his Suffragane Vigar generall and principall officiall and other such humane and Bishoply functions All which are after the customes precepts and traditions of men And albeit D. O. by vertue of the Queenes congedelier were chosen by the Deane and Chapter of Lichfield in Episcopum Pastorem Ecclesiae Lichfieldensis The Lord Bishop of Lichfield is never honored with the title of being Lord Pastor Pastorall authority of a Lord Bishop and of other Pastours is equall yet is hee never intituled with the dignity of being the Lord Pastor but onely with the honour of being the Lord Bishop of Lichfield so that one and the selfe same person being a Bishop and a Pastor may bee a Lord Bishop over Pastors but not a Pastor over Pastors Whereupon it followeth that the Pastorâ—ll authority which he hath in common with his brethren the other Pastors of his Diocesse is of superiority or proheminence above theirs and that touching the function both of his and their Pastorall cure and charge there is a paritie betweene him and them by reason whereof hee can have no power over them because par in parem non habet imperium But why is it that he can not be called Pastor Pastorum Ecclesiae Lichfieldensis Lord Pastor of the Pastors of the Church of Lichfield and yet may be called Dominus Episcopus Pastorum Ecclesiae Lichfieldensis Lord Bishop of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the Law of man for his Episcopall jurisdiction and for that his pastorall function if he have any belongeth unto hâ—m in common with his brethren the other Pastors jure divino The Whether a lord Bishop minister the doctrin Sacrament discipline of Christ by vertue of his lorldly episcopall or pastorall office
Bishop then having these two severall and distinct offices imposed upon his person the one by divine the other by humane Law the one humane and Episcopall the other without pomp and pastorall there ariseth from thence this question by which of those two functions hee may lawfully I meane according to Gods Law minister the Doctrine Sacraments and censures of Christ If it bee answered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacraments and by force of his humane Episcopall office to minister the censures of Christ then is not the answer fitted to the question the same being made à bene conjunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simply of divine ordinance it must follow if his Episcopall power be onely of humane right and pastorall power be onely of divine institution that the censures may bee ministred by authority derived onely from man but the doctrine and Sacraments by power derived onely from God Which commixion of divine and humane right in the execution of the ordinances of God can no manner of wayes be sound pure and sincere and therefore also can not be pleasing unto God For no more can the censures of Christ to the pleasure of God be lawfully administred by the authoritie of any one whose function is of man and not of God than could the sacrifice of God bee offered by one who was a priest of man and not of God Now that humane Episcopality or Bâ—shoppisme in the Church of England is authorized and deduced from Lordly Episcopality authorized only by the Law of the Realme the power and Law of man viz. of the King and Realme alone is evident as well by the donation and endowment of the Bishoprickes founded by the Kingly Prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishopricks of Chester Gloucester Bristoll Peter borough and Oxford with their Cathedrall Churches Seas Cities meeres and bounds of those humane Bishops for the exercise of their Episcopall administration according to act of Parliament authorizing the Kings Highnesse to make Bishops by His Letters Patents Nay further that humane Episcopall Note that King Henry the eight by letters Patents made Bish therefore c. 31. H. 8. c. 9 jurisdiction within the meres and bounds of every Diocesse within England is meerely of humane and not of divine institution appeareth by that power and authority which the King hath in translating and dissolving of Bishopricks in conserving Episcopall jurisdiction sometimes to such persons as be no Bishops as did William the Conqueror when hee gave Episcopall power to the Abbot of Battaile and lastly by the very manner and forme of the nomination licence of Election and authority of investiture confirmation and consecration of Archbishops and Bishops established by the more positive Law of the Realme But if it bee answered 25. H. 8. c. 20 that the Bishop by his humane Episcopall power doth minister the Doctrine Sacraments and discipline of Christ then is the case worse with him than it was before because then not onely the Discipline of Christ but also the doctrine and Sacraments of Christ should bee ministred by that authority which is of humane institution Besides the answer should be untrue because the Bishop at the time of his consecration doth not receive any authority to preach the Word and minister the Sacraments for that authority was then committed unto him when first he was ordained to be a Presbyter But the authority which hee receiveth at the time of his consecration is to correct and punish such as bee unquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That Episcopall power in England is not of divine but of humane institution Especially for that by the Scriptures it can not be proved that there bee two severall and distinct formes of ordinations the one called consecration proper to a Lord Bishop for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the Word and Sacraments Whereunto lastly may bee added another maine reason that Episcopall power in If the Lord Bish have power to minister disâ—ipline by divine right then no more can he commit that his power to an other than he can commit the power which hee hath of preaching to another England to minister the Discipline can not therefore bee of divine institution because if it were of divine institution the Bishop could no more surrogate the same his Episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name than hee can depute them or any of them to minister the doctrine and Sacraments in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishop For the proofe hereof we shall not need to search any other authenticall record then the precept and the practice before intreated of For it is not said in the precept that the Presbyter being armed with authority from Christ but it is said that the Presbyter being armed with authority from the Bishop or Archdeacon shall denounce the sentence of excommunication the practice also of Doctor Hone every way confirmeth as much For therein Doctor Hone doth not challenge to be an Officer unto Christ but he saith that he is the officiall of the venerable Archdeacon of Surrey and that Master Rowland Allen Presbyter by vertue of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet neverthelesse he is a mediate officer depuâ—ed to his office by an immediate officer unto Christ viz. the Lord Bishop or Archdeacon then wee reply and say First that the Lord Bishop and Archdeacon be neither immediate or mediâ—te Officers appointed by Christ to bee ministers of his discipline Secondly if they were immediate officers from Christ that yet they have no authority by the Law of Christ to transfer their right or any part thereof to an other person in their name or by their authoritie to excommunicate As for these words viz. In Dei nomine Amen nos Iohannes Hone or nos Roulandus Allen c. sometimes used in their scedule of excommunication it is but a prophaning of the holy name of God whereby they make themselves guilty of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishops humane Episcopall power yea or no. But now on the other side because no divine censure can lawfully be executed in the Church by that authority
which is of humane institution if it be answered that the Bishop by reason Whether L. Bishopâ— by pastorall authority may excommunicate a Pastor of his pastorall power which he is said to have over all the Pastors and people of his Diocesse may lawfully not onely minister the Word and Sacraments but also the Discipline of Christ unto them all then it followeth that by a Pastorall power one Pastour may bee a Pastour of Pastors which is against the Scriptures and contrary to the brotherly and fellow-like authority which is common to all Pastors under the Sunne and betweene whom touching their Pastorall functions there is to this day by the Scriptures as little superiority and as great a paritie as ever there was betweene Apostles and Apostles betweene Prophets and Prophets or betweene Evangelists and Evangelists and as at this day there is betweene Bishops and Bishops betweene Archbiâ—hops and Archbishops or betweene Patriarkes and Patriarkes yea and as is between Earles and Earles Dukes and Dukes Kings and Kings Emperours and Emperours For no greater superiority or preheminence hath any one Pastor over the person or function oâ— an other Pastour touching the administration of any thing properly belonging to either of their pastorall functions than hath one Pastors over small flockes are as truly pastors as pastors over great flocks As great paritie betweene pastors pastor as between Apostles and Apostles Emperor over the person or function of an other Emperor or one King over the person or function of an other King or one Lord Biâ—hop over the person or function of an other Lord Biâ—hop or one Archbiâ—hop over the person or function of an other Archbishop or than had one Apostle over the person or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over an other arme or one foot over another foote And therefore if touching the functions which Pastors either among themselves have in common one with the other or which they have over their flockes there be no disparity but that the Pastors to whom small flockes are committed doe as really and as truly participate of the nature of true Pastors as those great Pastors doe upon whose great shoulders great burthens are imposed it behoveth great Pastors to prove unto us by the holy Scriptures that by the institution of their great pastorall function they have their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the little Pastours have their power by the institution of their petie pastorall offices so streitned as whereby they may only preach the Word and administer the Sacraments but not excommunicate it behoveth I say great Pastors to bee able sufficiently to shew unto us these things out of the holy Scriptures or else it seemeth to stand with reason and equity deduced from the same Scriptures that a Pastor over a few should have like power to teach and to governe a few as a great Pastor over many hath to instruct and to rule many Marry if they thinke that onely great Pastors bee true Pastors and that great powers spirituall bee onely true powers spirituall then let them also conclude that onely great Knights be true Knights that onely great Dukes be true Dukes that onely great Kings be true Kings and that onely great principalities temporall bee true principalities temporall Which conclusion if they shall judge to be conclusionlesse because King Rehoboam had Not only Kings of great kingdomes but also Kings of small kingdomes bee true Kings as large a Patent to feede and to commmand two Tribes as King Salomon his Father had to command and to feede twelve or as the Archbishop of Yorke may suppose himselfe to have over nine or tenne Counties as the Archbishop of Canterbury can have over nine and thirtie or fortie then me thinketh it a matter very reasonably of them to be confessed that all true Pastors whether they be great Pastors or little Pastors may lawfully exercise all manner of such true power spirituall as unto true spirituall Pastors by the holy Scriptures doth appertaine For if Bishops being great Pastors may therefore preach and minister the Sacraments because they be as they say true Pastors then also may little Pastors therefore excommunicate because they bee as the Scripture saith true Bishops Wherefore if the Lord Bishop of London by vertue of his Pastorall office as he thinketh which with his brethren the other Pastors of his Diocesse he hath in common deriveth unto him immediately from the Word of God may lawfully excommunicate then the Pastorall office which Master Doctor Andrews hath over the people of his Parish of Saint Giles without Creeplegate and the Pastorall function which Master Doctor White hath over the people of Saint Dunstones within Temple-barre being as absolutely and as immediately deduced unto them out of the same word what proofe can bee made out of the word that the Bishop being not Lord Pastour of the Pastours of his Diocesse may lawfully by the word excommunicate all manner of offenders both Pastors and people within his Diocesse and yet neverthelesse that neither Master Doctor Andrewes and Master Doctor White by the same word may excommunicate any one of their Parishioners at all Nay further what reason can there bee afforded from the Law of God that Master Doctor Abbot Deane of Winchester that Master Browne Master Barlow and diverse other Prebendaries in the Church of Winchester having certaine parochiall and Pastorall Churches annexed to his and their Deanry and Prebendes and Master D. Grey in his Parish by their pastorall functions should have absolute authority unlesse it bee during the time of the L. Bishops trienniall visitation to exercise the discipline of Christ within their severall and peculiar Churches and yet notwithstanding that neither Master Richman nor Master Burden being both of them grave godly and learned Pastors should have at any time any pastorall authority to exercise any censure at all And as it is in the Churth of Winchester so is it in the Church of Pauls in the Church of Salisbury and in well nigh all the Cathedrall and Collegiall Churches throughout the Realme The Deane Prebendaries and Canons having certaine parochiall Churches exempted from the Bishop within their exempt and peculiar jurisdictions by meere Pastorall authority for Episcopall authority by the Lawes of the Church have they none may exercise all manner of spirituall censures and that as well by their substitutes as by themselves Nay Rurall Deanes in Cheshire c. use some part of Episcopall power Episcopall power to excommunicate granted by papall priviledges or prescribed use Power to excommunicate if it be of divine right may not be prescribed which is more in Cheshire Lancashire Yorkeshire Richmondshire and other Northern parts there be many whole Deanries exempted from the Bishops jurisdiction wherein the Deanes and their substitutes have