they being all fast knit and bound togither vnto the Kings authoritie by a coard of 24 threads might easilie be broken but being severed and pluct a sunder into 24. Bishops can make no lawe without leaue And yet everie Bb doeth make many lawes 24 partes one from the other the King with all his regall power might not beâ— able so much as to breake one of the least threedes wherewithall one of their cordes was twisted If the Lorde Maior the Sheriffes Aldermen and whole communaltie of the Citie of London should promise vnto the King vpoÌ„ their fidelities not to set anie price vpoÌ„ Wines or other victualles by their common Councell within the said Citie vnlesse the King vnder his privie signett should first authorize theÌ„ so to doe were it not a meere collusion of the Kings meaning if everie particular AldermaÌ„ should sett prices of such things in every particular Ward But against the collection made from the Statutes 1. 8. Eliza the iudgement of the diuinies aforesaid the A collection made against the former reason by an Apologie for sundry proced by iurisdi Eccl. pag. 5. author of an Apologie to his vnderstanding reckoneth the same collection to be a very simple collection against the same hee answereth and reasoneth in effect thus If as is collected all power spirituall by a commission vnder the great Seale must be derived from the Queene to warrant the execution of it vnto him that is to exercise it then must the like warrant bee procured for euery temporall office to execute his temporall office But euery temporall officer must not procure like warrant to execute his temporall office Therefore a commission vnder the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his maior proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as absolutly and as really is revested in the person of the Queene as is the said spirituall authoritie Therfore as all spirituall officers for the execution of the said spirituall power must haue their authoritie derived vnto theÌ„ from the person of the Queen vnder the great Seale so likewise must all temporall officers for the execution of their temporal offices haue the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all teÌ„porall as all the said spiritual authoritie improperlie so called was reallie absolutelie in the person of the Queene yet herevpon it followeth not that by one and the selfe same meanes alone and namelie by a coÌ„mission vnder the great Seale all temporall and the said spirituall power in euerie part and braunch thereof should be drawen alike froÌ„ the Queenes person For there be divers and sundrie meanes to derive temporall authoritie whereas there seemeth to be but one onely meanes to derive the said spirituall authoritie and then marke the substance of the Authors argument Some temporall Officers as Stewards of Leetes Constables sundry other Officers must not drawe their temporall authoritie from the Queene by a commission vnder the great Seale Therefore no spirituall officers as Archbishops Bb Archdeacons and sâ—de vacante Deanes and Chapiters must drawe any of their spirituall authoritie from the Queene by a commission c. Which argument drawen from a particular affirmatiue vnto a general negatiue what weaknes it hath euery yong Logician can discerne And as for Stewardes af Leetes though they haue no Though all temporal officers drawe not their power from the Kinge by the great Seale yet by one meanes or other wtdrawe it froÌ„ the King commission vnder the great Seale yet for the executioÌ„ fo their Stewarships they haue a coÌ„mission vnder the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughes haue their authorities derived vnto the from the Kings person by the verie originall institution of their offices Sherifs of Countries Coroners Escheators and Verderors haue their offices and their â—uthorities warranted vnto them by the Kings writts out of the Chancerie But 〈◊〉 was not the mind of the Law-makers saith the Author that the Ordinaries by a commission vnder the great Seale should draw their saide spirituall power from the Queene What the mindes of the Law-makers were touching this poinct it mattereth litle or nothing at all Neither is it to purpose whether a commission vnder the great Seale bee necessarily required or not required by vertue of that statut 1. Eliz. c. 1. to warrant the said spirituall power vnto Ordinaries Only it sufficeth that the Queen having all power improperly called spirituall invested in her Royall person being really actually seysed of all the said supreme spirituall authoritie could not haue any parte of the same spirituall power drawn from her but by some one lawfull and ordinarie meanes or other For if this rule be true in euerie coÌ„mon person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule holde in the Royall prerogatiues rightes privileges dignities and supremities of a King Wherefore to saie that all supreme and ordinarie power improperly called spirituall was really and actually inherers in the Royall person of the Queene and to say also that some of the same inferior and ordinarie power not derived froÌ„ the Queen was neuerthelesse in the persons of inferior ordinaries is as much to say that some braunches of a tree may receyue nourishment from ells-where then from the roote that some meÌ„bers of the bodie are not guided by the head and that some streames flow nor from their fountaines And now to coÌ„clude this part against the canon law their Offices and functions thereof I dispute thus The forreigne and papall canon lawe with all the accessories dependances Offices and functions thereof is vtterlie abolited out of the Realme Therefore the same lawe is no part of the lawes of the Realme and therefore also it is evident that there will not followe any alteration of the lawes of the Realme by the taking of it away Which canon law also with other lawes functions how easely the same without any inconveniences may bee supplied shall God willing be presentlie made apparant if first we shall aunswere to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie Chalenge for Lordly primacy out of the great Charter anâ—vered out of the wordes of the great Charter Concerning which challenge namelie that by the great Charter Lordly Archiepiscopal and Episcopall primacie or iurisdiction belonging to the state of Prelacie is belonging vnto them I demand vnto what Church this great Charter was graunted And whether it were not graunted vnto the Church of God in England The words of the Charter are these Concessimus Deo hac presenti Charta nostra confirmavimus pro nobis Mag. Charta c. 1.
honorable CouÌ„cell keeper of the Kings privie Seale or two of them calling vnto them one Bishop one temporal Lord of the Kings most honorable Councell the two chiefe Iustices of the Kinges bench and common Pleas for the time being or other two of the Kings Iustices in their absence haue full power and authoritie to punish after their demerits all misdoers being founde colpable before them If wee search our statutes besids the Courts and matters determinable in these spoken of before we shall find that the complaints of errour whether it touch the King or any other person 31. E 3. c. 21 made in the Exchecquer should be done to come before the Chancelor Treasurer who taking to them two Iustices other sage persons are duely to examine the busines and if any errour be found to correct amend the Roles c. By reason of delayes of iudgments vsed in the Chauncerie in the 14. E. 3. c 5 Kinges bench common bench and in the Exchecquer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the ParleameÌ„t by good advise of the Chancelour c. shall proceed to take a good accord and to make a good iudgement When it was complayned vnto the King that the profites c. of his Realme by â—0 K. 2. c. 1 some great Officers c. were much withdrawen and cloyned c. it pleased the King c. to coÌ„mit the surveighing aswell of the estate c. of his house c. vnto the honourable Fathers in God William Archbishop of Canterburie and Alexander Archbishop of Yorke c. by a statute of commission for a 6. H. 6. Sewers by a statute for punishmeÌ„t of b 11. H. 5. c. 25. periurie by a statut against making or executing of actes or ordinances by any c 19 H. 7. c. 7. Maisters c. being not examined c. by the Lord Chancelour Treasurer or chiefe Iustices c. By a statute for the erection of the Court of d 27. H. 8. c 27. AugmeÌ„tation by a statute for erection of the Court of firste e 32. H. c. 45. fruits tenthes and lastly by an f 27. Eli. c. 8 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench By all these statutes I say it is very apparant that the Administration of publike affaires in the coÌ„mon weale hath never bene vsually committed to the advisemnet discretion or definitiue sentence of any one man alone Which point is yet more fully and more perfectly Lord president and counsell in Wales Lord president couÌ„sell in the North parts Lord Deputie counsell in Irelande The Kinge and his honorable privie Counsel to be vnderstood by the establishment continuance of the Kings Lord President and Councell in Wales of the Kings Lord President and Counsel established for the North of the Kinges Lord Deputie and Councell within the Realme of Irelande of the Kings Highnesse most honorable privie Councell chosen by him for the assistance of his Royall person in matters apperteyning to his Kingly estate and lastly of the supreame and grand Councell of the three estates in Parleament for matters concerning The Kinge his grand Counsell in Parleament the Church the King and the common Weale For whether respect bee had vnto the secrete affaires of the Kings estate consulted vpoÌ„ in his Highnesse Councell Chamber by his privie Counsaylors or whether we regard the publike tractation of matters in Parleament there can bee no man so simple as not to knowe both these privie and open negotiatioÌ„s to be carried by most voyces of those persons who by the King are called to those honorable assemblies And what a vaine iangling then doth the Admonitor keepe how idlely and wranglingly doth he dispute when against the government of the church by Pastours and Elders he obiecteth that the same will interrupt the lawes of the Realme that it wil be great occasion of partiall affectionate dealing that some will incline to one parte and that the residue wil bee wrought to favour the other and that thereby it wil be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers haue fallen out in the common weale by any partiall or affectionate dealing of the Kings Deputies Presidents Iudges Iusticers and other Officers Ministers associated vnto theÌ„ for the administratioÌ„ of Iustice or equitie in any of the Kings civill Courtes howe much lesse cause haue we to feare any partialitie affectioÌ„ working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not thoroughout a Diocesse one Bishop alone had the spirituall administration of the Church-causes Can many temporall Officers Iusticers and Iudges rightly and indifferently administer the law and execute iustice and iudgment without that that some doe incline to one part without that the residue bee wrought to favour the other part And cannot spirituall Officers dispatch spiritual affaires without that that they be partially affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnes and the residue be wrought to favor wickednes can some incline to God and vnto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is required to be decided by Pastours and Elders then the controversie of sinne betwene the soule of man and his God And is there any Christian Pastour or Elder that wil be wrought rather to favour the sinne of a mortall man then the glorie of his immortall God But to leaue the state of the Kingdome and common weale and the good vsages and customes of the same let vs come to the state of the Church it selfe and to the lawfull government thereof established even amongst vs at this day The gouerment of the Church ought not to be by one alone For whatsoever our reverend Bishoppes practise to the contrarie yet touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedrall churches and the Vniversities the ecclesiasticall law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the goverment of the Chancelour being present nor of his Vicechancelour The gouerment in the Vniuersities not by one alone him selfe being absent as of one alone the Doctors Procurators Regents non-Regents haue all voyces and by most of their voyces the Vniversitie causes take successe The businesses The goverment in Colleges not by one alone of Colleges by the statutes of their founders are commended to the industrie and fidelitie of the President Vice-president and fellowes vnto the Provost Viceprovost and fellowes vnto the Warden Sub-warden and fellowes vnto the Maister
together with their functions are arbitrable ceremonious rituall traditionall or circumstanciall yea and removeable at the pleasure of the King and State Neither doth this disagree from that A Bishopp Pastor and Elder and our Lorde B. diffu which was erst sayd of a Bb. or Pastor that they be all one in respect of their function For it is not sayd that an humane Bishop and Pastor but that a Bb. and Pastor are all one For a Bb. simplie so called is not a Bishopp and Pastor in respect of his fellowe brethren but only in regard of his flocke which he ouerseeth feedeth and ruleth But a humane what a lord Bishopp is Bishopp is hee that is promoted vnto this dignitie by man and who by mans authoritie taketh vpon him superoritie preheminence ouer them which are equall vnto him touching their function that intangleth himselfe with civill gouernment and wordlie affaires and whose Bishopplie office consisteth not so much in the dispensation of Gods worde and Sacraments as in Lordlie Bishoplie apparell Crossing with the signe of the crosse confirmation of children sole imposition of hands sole excommunication sole enioyning of articles vpō the people and Clergie of his Diocesse consecration of oratories delegation of his episcopall authoritie to his Suffragane Vicar generall and principall officiall and other such humane and Bishopplie functions All which are after the customes preceptes 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 yet is hee never intituled The Lorde Bishoppe of Lichfield is neuer honored with the title of being Lorde Pastor with the dignitie of being the Lord Pastor but onely with the honor of being the Lord Bishop of Lichfield so that one and the self same person being a Bishop and a Pastor may be a Lord Bishop over Pastours but not a Pastor over Pastors Wherevpon it followeth that the Pastorall Pastoral authoritie of a Lord Bb of other Pastours is equall authoritie which hee hath in common with his brethren the other Pastors of his Diocesse is of no superioritie or proheminence aboue theirs and that touching the function both of his and their Pastorall cure charge there is a paritie betwene him and them by reason whereof he can haue 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 Bishoppe of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the lawe of man for his episcopall iurisdiction and for that his pastorall function if hee haue any belongeth vnto him in common with his brethren the other Pastors iure divino The Bishoppe then having these two severall Whether a lord Bishop minister the doctrine sacrament and discipline of Christ by vertue of his lordlie episcopal or pastorall office and distinct offices imposed vpon his person the one by divine the other by humane lawe the one humane and episcopall the other without pompe pastorall there ariseth from thence this question by which of those two functions hee may lawfullie I meane according to Gods lawe minister the Doctrine Sacramēts censures of Christ If it be aunswered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacramentes and by force of his humane Episcopall office to minister the censures of Christ then is not the answere fitted to the question the same being made â bene coniunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simplie of divine ordināce it must followe if his episcopall power be only of humane right pastoral power only of divine institution that the censures may be ministred by authoritie derived only from mā but the doctrine and sacraments by power derived onlie from God Which commixion of divine and humane right in the execution of the ordinances of God can no maner of wayes be sound pure and sincere and therefore also can not be pleasing vnto God For no more can the censures of Christ to the pleasure of God bee lawfullie administred by the authoritie of any one whose function is of man and not of God then could the sacrifice of God be offered by one who was a priest of man and not of God Now that humane episcopalitie or Bishoppisme in the Church of England is authorized and deduced from the power and law of Lordlie episcopalitie authorized onlie by the lawe of the Realme man viz. of the King Realme alone is evident as well by the donation endowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishoprickes of Chester Gloucester Bristoll Peterborough and Oxford with their cathedrall Churches Seas Cities meeres and boundes of those humane Bishoppes for the exercise of their episcopall administration according to an act of Parleamēt authorizing the Kings Highnes to make Bishoppes by his letters patentes Nay further that humane episcopall iurisdiction within the meres Note that King Henry the eight by letters patents made Bb. therefore c. and boundes of every Diocesse within England is merelie of humane and not of divine iustitution appeareth by that power and authoritie which the Kinge hath in translating dissolving of Bishoprickes in conserving episcopall iurisdiction 31. H. 〈◊〉 c. 9 sometimes to such persons as be no Bishopps as did William the Cōquerour when he gaue Episcopall power to the Abbot of Battayle and lastlie by the verie maner and forme of the nomination licēce of election authoritie of investiture confirmation and consecration of Archbishoppes and Bishops established by the more positive lawe of the Realme But if it be aunswered that 25. H. 8. c. 20. the Bishoppe by his humane episcopall power doth minister the doctrine Sacraments and discipline of Christ then is the case worse with him then it was before because then not onlie the Discipline of Christ but also the doctrine Sacramentes of Christ should be ministred by that authoritie whiche is of humane institution Besides the answer should be vntrue because the Bishoppe at the time of his cōsecration doth not receyue anie authoritie to preache the worde and minister the Sacraments for that authoritie was then commited vnto him when first he was ordeyned to be a presbyter But the authorite which he receyueth at the time of his consecration is to correct and punish such as bee vnquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That episcopall power in Englande is not of divine but of humane institution Especiallie for that
Archbishop of Canterburie cā haue over nine thirtie or fortie thē me thinketh it a matter very reasonablie of them to bee confessed that all true Pastors whether they bee great Pastors or litle Pastors may lawfullie exercise all maner of such true power spirituall as vnto true spirituall Pastors by the holie scriptures doeth apperteyne For if Bishops being great Pastours may therefore preach minister the Sacraments because they be as they say true Pastors thē also may litle Pastors therfore excommunicate because they bee as the scripture saith true Bishoppes Wherefore if the L. Bishopp of London by vertue of his Pastorall office as hee thinketh which with his brethren the other Pastors of his Diocesse he hath in commō deriveth vnto him immediatlie from the word of God may lawfullie excōmunicate then the pastorall office which Maister Doctor Androes hath ouer the people of his Parish of St. Gyles without Creeplegate and the pastorall function which Maister Doctor Whyte hath ouer the people of St. Dunstones within Temple-barre beeing as absolutelie as immediatlie deduced vnto them out of the same word what profe can be made out of the worde that the Bishoppe being not Lord Pastour of the Pastours of his Diocesse may lawfullie by the worde excommunicate all maner of offendors both Pastors and people within his Diocesse and yet neuertheles that neither Maister Doctor Androes nor Maister Doctor Whyte by the same worde may excommunicate any one of their Parishioners at all Nay further what reason can there be afforded from the law of God that Maister D. Abbot Deane of Winchester that Ma. Browne Maister Barlowe and diuers other prebendaries in the church of Winchester hauing certeyne parochiall and pastorall churches annexed to his and their Deanrie and Prebendes and Maister D. Grey in his parish by their pastorall functions should haue absolute authoritie vnlesse it bee during the time of the L. Bishoppes trienniall visitation to exercise the discipline of Christ within their seuerall and peculier churches and yet notwithstanding that neyther Maister Richman nor Mai. Burden being both of them graue godlie learned Pastors should haue at any time anie pastorall authoritie to exercise any censure at all And as it is in the church of Winchester so is it in the church of Paules in the church of Salisburie in well nigh all if not in all the Cathedrall Collegiall Churches thoroughout the Realme The Deane Prebendaries and Canons hauing certayne parochiall Churches exempted from the Bishopp within their exempt and peculier iurisdictions by mere Pastorall authoritie for episcopal authoritie by the lawes of the Church haue they none may exercise all maner of spirituall censures and that aswell by their substitutes as by them selues Nay which is more in Cheshire Lancashire Rurall Deanes in Cheshire c. vse some part of episcopall power Yorkeshire Richmondshire and other Northeren parts there be manie whole Deanries exempted from the Bishopps iurisdiction wherein the Deanes and their substitutes haue not onlie the probate of Wills and graunting of administrations but also the cognisance of ecclesiasticall crimes with power to vse the ecclesiasticall censures Yea and this authoritie of the executiō of ecclesiasticall censures haue those Deanes either long since by some papall priviledges Episcopall power to excōmunicate graunted by papall priuiledges or prescribed vse obteyned or els by long vse prescribed against the Bishopps Whereby againe it is clerelie convinced that Episcopall excommunication vsed in the Church of England is not of divine institution but onlie by humane tradition For were it of diuine right then could the same Power to excommunicate if it be of diuine right may not be prescribed no more bee prescribed or by papall immunitie be possessed thē could these Deanes prescribe power or bee enfranchised to preach the word or to administer the Sacramentes These things haue we thus at large more fullie intreated of to the end that the Kings Highnes and his Parleament and all sortes of people might well vnderstand howe it is not altogether an vnvsual and vnaccustomed thing in the Church of England that private inferiour ministers as they call them in their owne right and in their owne parochiall parishes without any authoritie from the Bishoppe should exercise even the highest censure of the Church And that in sundry places of the Realm there is no preeminence in the matter of the execution of the censures attributed to a Bb. aboue a Minister Nay whiche is more then is attributed to a Bb. aboue a No more preheminēce given to a Bb then to a Minister or to a lay man in some places for the vse of excōmunication lay man yea then to such a lay man who is authorized onlie by a lay man to his office Which is evident by the ecclesiasticall iurisdiction and censures exercised a long time by lay men in the peculiar iurisdictions of Newton Gronbie Anstic Soke of Rothelie Evington and other parishes hamlettes in the Countie of Leycester The officers of al which places for their spirituall authoritie having not had any other warrant then such only as hath bin signed sometimes vnder the hande and seale of the right Honorable the Earle of Huntingdon deceased sometimes of the Honorable Sir Henrie Grey knight sometimes of Henrie Skipwith Esquire and sometimes of others For the avoyding therefore of sundrie intollerable inconveniences whiche hitherto hath ensued for want of that authoritie which the Law setled doth enable every Minister with It is most expedient that all humane authoritie in the execution of spirituall censures bee vtterlie taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly pastors with discrete Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and primitiue church I had almost forgotten to speake of one common and vsuall kinde of iurisdiction spirituall in the vse of the censures of the church by the Archb. which in cases of their prerogatiue they haue prescribed against the Bb. over the presbyters and people of euery Bishoppes Diocesse and Archdeacons iurisdiction within their provinces of one other cōmon and vsuall kinde of pretensed spirituall iurisdiction and vse of the censures which the Archb. and sometimes the Deane and Chapiter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of iurisdiction censures so called of the Church whiche Suffraganes and Archdeacons haue and do vse As touching which supposed spirituall power both of the Archbishopps Archdeacons because the same their power doth only belong vnto thē iure consuetudinario non scripto by vnwritten and not by written lawe I must conclude against the iurisdiction of the Archbishopps prerogatiue and against the Archdeacons iurisdictiō in all cases as out of St. Cyprian King Henry the eight concluded against the Pope viz That their authorities can not be from Christ Because Christ saide
that the Author ought to haue proved them not to haue ben repugnant to the customes of the Realme but to haue bin in vse and practise before the making of that acte of submission For hee must proue sayth the Answerer that they are not repugnant to the customes of this Realme and shew vs how they haue bin vsed and executed heere before the making of the statute yea he can say that they are by lawe established among vs. Which points saith he because we learn by law quod facta noÌ„ presumantur matters in fact are not intended to be done vntill they bee proued so we must still put him to his proofes in the meane time say that hee hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned All which asseveration of this Answerer if the same be true and if this plea be a good avermeÌ„t to barre the Author from having proved a learned ministerie to be commanded by the lawe dispensations for many benefices to bee vnlawfull excommunication by one alone to bee forbidden and civill gouverment to be vnlawfull in ecclesiastical persons then much more forcibly may this argument be retorted vpon all such as clayme alleage put in vre any portion of the forraigne canon law For sithence it hath never yet bene proved that the forraigne canon lawe vsed and executed at this day was accustomed vsed 25. H. 8. then because wee learne by law as he saith quod facta non presumantur wee must still put him his clients to their proofe and in the meane while tell them that their Advocat hath twisted for them but a bad threed when by his reason he hath vntwined all their lawes and broken a sunder the bands of their gouverment Moreover because it is not yet proved that the forraigne and papall canon law is not contrariant nor repugnant to the lawes statutes or customes of the Realme nor derogatorie to the prerogatiues of the regall Crown nay because the contradictorie hereof is affirmed and this denied and because we learne by law as he saith that matters in fact are not intented to be done â—ill they be proved so wee must still put the vpholders and executioners of this law to their proofe and in the meane while tell them that the forraign papall law is but a pretended necessary disused law that it is not inspired with the life of law and that it is fathered by them to be such a law as is an hedlesse a fetherlesse and a nocklesse arrow which is not fit to be drawn or shot against any subiect of the King And from this voydance abolition nullitie of forraigne and papall canon law because sublato principali tolluntur accessoria it followeth that all offices and functions of papall Archbishops papall Bishops papall Suffraganes papall Archdeacons papall Deanes and Chapters papall Priestes papall Deacons papall Subdeacons papall Chancelors papall Vicars generall papall Commissaries and papall Officials meerely depending vpon the authoritie and drawen from the rules and grounds of that lawe are likewise adnihilated and of no value Howbeit forso By the opinion of the CiviliaÌ„s the papal canon law seemeth to bee in force much as by the opinioÌ„ of some learned Civilians there seemeth vnto them a necessarie coÌ„tinuance of the same forraign and papall law by reason that Archbb. and Bishops doe now lawfully Apologie of certain proceedings in courts Ecclesiasticall as they say vse ordinarie Archiepiscopall and Episcopall iurisdiction which they could not as they thinke doe if the same common lawe were vrterly abolished and for so much also as some learned in the canon lawes do mainteyne that since the statut of 1. Eliz. c. 1. the Archbb. and Bb. cannot lawfullie clayme anie ordinarie spirituall iurisdiction at all but that the spirituall iurisdiction to be exercised by them ought to be delegated vnto them froÌ„ the King by a commission vnder the great Seale Forasmuch I say as there are these differences of opinions it seemeth expedient to be considered by what law by what authoritie Archbb. and Bb. exercise Archiepiscopal Episcopall power in the church And to the end this question may fully be knowen and no scruple nor ambiguitie be left what power spirituall may be intended to be exercised by them We distinguish spirituall power into a power properly called spirituall and into a power improperlie Power properly and improperly called spirituall or abusivelie called spirituall The power properly called spirituall is that spirituall power which consisteth and is conversant in preaching the Woord administring the Sacraments ordeyning and deposing Ministers excommunicating or absolving and if there be anie other spirituall power of the like propertie and nature Now that this power properly called spirituall could haue bin drawen from the person of our late Soveraigne Ladie the Queene vnto Power properly called spirituall was neuer in the Queens person Archbb. and Bishops we denie For the Queenes Royall person being never capable of any parte of this spirituall power how could the same be derived from her person vnto them Nemo potest plus iuris in alium transforre quam ipse habet Archiepiscopall and Episcopall power therefore exercised in and about these mysteries of our holie Religion ordinarily necessarilie must belong vnto the Archbb. and Bb. by the canon of the holy Scriptures otherwise they haue no power properly called spirituall touching these things at all The power which improperlie is called spirituall Power improperly called spiritual is indeed but a temporall power is such a power as respecteth noâ— the exercise of any pastorall or ministeriall church to the internall begetting of faith or reforming of maners in the soule of man but is such a power as whereby publike peace equitie and iustice is preserved and mainteigned in externall things peculiarly appropried and apperteyning vnto the persons or affaires of the church which power indeede is properlie a temporall or civill power and is to be exercised onelie by the authoritie of temporall and civill Magistrates Now then to returne to the state of the point in question touching this later power improperly called spirituall by what law or by what authoritie the Archbishops and Bishops doe exercise this kind of power in the church I answer that they cannot haue the same from any forraign canon lawe because the same law with all the powers dependaÌ„ces thereof is adnulled And therefore that this their power must ought to be derived vnto theÌ„ from Bb. where From whence then is their power derived Herevnto we answere that before the making of that act spirituall iurisdiction did apperteyne vnto Bishops and that Bishops were ordinaries aswell by custome of the Realme canons constitutions and ordinances provinciall synodall as by forraign canon law And Bishops remaine ordinaries by custome provincial caÌ„oÌ„s and statute law though papal canon law be abolished that therefore these canons constitutions
and followes and vnto such like Officers fellowes The Cathedral The goverment in Cathedral churches not by one alone churches their livings and their landes their revenues their dividents their chapiters and their conferencies depend vpon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishoppe Ex. de exces Prela c. 〈◊〉 Exc. de 〈◊〉 quaes cons cap c. novit alone by any ancient canon lawe pretended to be in force place or displace excommunicate or absolue any ecclesiasticall person without the iudgment of the Chapiter And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops c. the presence of divers Ministers and the people is required at the ordination of every Minister As for the deposition or degradation of Ministers vnder the correctiō whether the degradation of a Minist be warantable of the reverend Bb. be it spoken I thinke they haue not so much as any colour of any law for it The forme of the degradation of a Popish and sacrificing Priest by the canon law can bee no pretexte to degrade a Minister of the Monsieur de Plesis 164. in the seconde book of the Masse Gospel because a Minister of the Gospel is not set into his charge per calicem patinam with a cup full of wine dish full of hostes Neither receaveth he any charecter at al of a shaveling Priest And because a Minister of the Gospell is ordeyned onely after that manner which the statute lawe hath appointed howe should the ordination made by so high an authoritie bee vndone by any other power vnto the former maners of the administration of the causes of the Vniversities Colledges and Cathedrall churches may bee added the execution of ecclesiasticall iurisdiction committed heretofore by the Queene vnto the ecclesiasticall Commissioners For althoug by the words of the statute her Highnes had full power and authoritie The ecclesiastical commissiō exercised by manie commissioners and not by one by her letter patents to assigne name and authorize any one person a naturall borne subiect to execute spirituall iurisdiction yet neverthelesse according to the laudable vsages and customes of her kingdome and Courts temporal shee evermore authorised not one alone but diuers sundrie aswell temporall as ecclesiasticall persons for the execution thereof Which manner of commissiō because the reverend Bb. commend the same and avowe that it would doe more good if it were more common it cannot but seeme to bee a most gratefull thing vnto all good men especiallie vnto those reuerend Fathers if humbly wee beseech the Kinge that his Highnes would be pleased to make it more common And therefore in the The ecclesiastical commission commanded by the Bb. if it please the king may be enlarged vnto all Parishes wherein are godlie preaching Ministers behalfe aswell of the reverend Bb. as of all the learned and graue Doctors and Pastors of every church we most instātly intreat our most gracious Souverayne Lord the King that where in any Parish there shal be found a learned preaching Minister resident vpō his benefice that there he would be pleased by his authoritie Royal vnder the broad Seale to enable him and some other godly and faithfull Knights Esquires Gentlemen Citizens Borough-Maisters or other chief men of the same Parish to execute spirituall Iustice against drūkards adulterers swearers raylers and such like ecclesiasticall offendours inhabitants only within the same Parish For in this case we say as the reuerend Bb. say bonum quò communius eò melius If any No exceptiō to be taken against lay Elders to be authorized by the king in every Parish sithence the king authorizeth laie Elders in everie ecclesiasticall cōmission exception should be taken or challenge made scoffinglie and with scornefull termes against these lay parochians as heretofore hath bin vsed against laie elders or lay Aldermen as they call thē let him that taketh such exception advise him selfe wel and remember before he speake that in speaking he controle not the policie the practise the wisdom the authoritie both of our late Queen deceased and of our Souverayne Lord the King now raigning who authorized and doth authorize lay-men to bee ecclesiasticall commissioners Which kind of lay men or lay Elders as they call them that they haue ioyned in the exercise of the chiefest censure of the Church viz. excommunication with ecclesiasticall persons hath bin already proved by the sentence of excommunicatiō pronounced against E. by Maister W. and his associates whereof diuers were laie-men Againe if one laie Elder dwelling at Winchester may call and ssociate vnto him self one ecclesiasticall Elder dwellinge at S. Georges in Southwarke to excōmunicate any Parochian or Minister subiect vnto the iurisdiction of the Archdeacō of Surrey in what Parish soeuer of the same iurisdiction the partie shall dwell if it be lawfull I say Discipline of excommunication exercised by one laie Elder and one ecclesiastiall Elder for euerie ordinarie to ioyne one laie Elder one ecclesiasticall Elder together in cōmission the one to pronounce sentence of contumacie the other to denounce sentence of excōmunication for everie spirituall contumacie committed within his iurisdiction what reason can any man pretend why it should not be much more lawfull for the King by his Royall authoritie to apoint a learned preaching Pastor with the assistance of some cōpanie of faithfull inhabitants of the same Parish to exercise all maner of spiritual iustice within their own parish If the King shall stand in doubt whether any Discipline by excommunicatiō be exercised after this and this maner in the church of Englande then to put his Highnes out of all doubt hereof may it please the King to consider the precept of the reverend Bishoppes made in their convocation togither with the practise of the venerable Archdeacon of Surr. following The precept is this Vnusquisque Articlo pro clero c. de quibusdam circa excom excessib coercend 1584. Vicarius generalis officialis seu Commissarius qui ordines ecclesiastico non susceperit eruditum aliquem presbyterum sibi accerset associabit qui sufficienti authoritate vel ab ipso Episcopo in iurisdictione sua vel ab Archidiacono presbytero existente in iurisdictione sua munitus idque ex praescripto iudicis tunc praesentis excommunicationis sententiam pro contumacia denunciabit Everie Vicar generall Officiall or Commissarie which hath not taken vpon him ecclesiasticall orders shall call and associate vnto him some learned Presbyter who being armed with sufficient authoritie from the Bishopp in his iurisdiction or from the Archdeacon beeing a Presbyter in his iurisdiction shall denounce that by the prescript of the Iudge present the sentence of excommunication for contumacie Now the maner of the D. Hones practise of the Bishopps article practise of this precept ensueth in these wordes Iohannes Hone legum Doctor Officialis
authorized disposed or established in particularitie the order of these thinges or if the Scripture haue not delivered everie 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 anie 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 appoynted 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 vnto him yes he should And why forsooth because he hath promised so to doe and because the Lorde hath commaunded him so to doe Besides sithence everie 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 Realm nor by the holy Scripture to any rite ceremonie or circumstance or to any exact forme or particuler maner in teaching what reason can any maÌ„ pretend that the not particularizing of al rites ceremonies or circumstances in the Scripture or the not establishing of any order by the law of the Realm touching discipline should altogether hinder everie Minister from the administration of al discipline in the church For as touching the aunswere that the Ministers may and doe exercise not the Answere to the abstract Pag. 59. least partes of Discipline of declaring by doctrine according to the worde of God mens sinnes to be bound and loosed and the censure of rebuking and reproving Pag. 55. openlie and that the discipline Discipline of declaring by doctrine is called discipline erroneouslie which the Minister is to execute reacheth no further then to reach his Parish with all diligence to keepe and observe so much of the Doctrine Sacramentes and Discipline of Christ as apperteineth vnto them as touching this aunswere I say it is as erroneous as the former were frivoulous and impeâ—tinent For as consolation and comfort by way of exhortation so reprofe and sharpe rebuking by way of dehortatioÌ„ belong properlie 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 coÌ„science Hee therefore that leaveth no other Discipline to be executed by the Pastor of the church then of declaring by doctrine mens sinnes to bee bound or loosed and by teaching his Parish to obserue doctrine sacraments and discipline Discipline doctrine confounded by the Answerer confoundeth the matters both of discipline and doctrine Againe if not any other discipline was ment to be attributed to everie Minister then such as is declared by doctrine theÌ„ these words viz. and the discipline of Christ were superfluouslie and idellie added by the Parleament For then had it bene sufficient for the Parleament to haue enioyned the Bishopp to demaund of the Minister onely this and no more viz. Whether will you giue all faithfull diligence to Minister the Doctrine and Sacraments of Christ There is therefore some other kind of discipline of Christ intendeth by the Parleament to be attributed The Parleament intendeth some other discipline then of declaring by doctrine vnto euerie Minister and wherewith also the law of the Realm doth enable euerie Minister then is this maner of discipline of declaring by doctrine teaching the people And this discipline also must needs be vnderstood to be of the spirituall censures of the Church because Christ neuer instituted any other discipline And therefore because our opposites agree with vs in a generalitie that the doctrine Sacraments and Answere to the abstract 55. 60. discipline of Christ are to be Ministred as the Lord hath commaunded onlie none otherwise and yet neuertheles doe dissent from vs touching the persons by whom this discipline is to be ministred because say they everie particuler ceremonie rite or circumstance of externall policie are not set downe in scripture because of this their answere I say it is to be coÌ„sidered First vnto what persons the function of the ministration of the discipline of Christ by the holy Scriptures is coÌ„mitted Secondlie whether the same persons with their functions be arbitrable ceremonious rituall or circuÌ„stantiall to be altered chaÌ„ged by authoritie of the Church as thinges To what persons the discipline of Christ by the scriptures is committed whether the persons bee arbitrable or no. indifferent yea or no. To the first seeing to one and the selfe same person the holie 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 Phil 1. 1. his fellow brethren the other Bishopps Tit. 9. 1. 5. 7. or Pastours but in regard of his owne flocke which he overseeth and seeing 1 Tim. 3. 1â— also in well ordered Churches by the ordinance of God certeyne men of approved godlines called according to the common name of the Hebrewes by the common name of Elders whom partly calleth governors were ioyned as ecclesiasticall Magistrats to the Bishop 1 Cor. 12. 28. Pastor or teaching Elder by whose coÌ„mon direction authoritie ecclesiasticall discipline was practised seeing I say these things are so we affirme that the persons to whom the ministratioÌ„ of the discipline of Christ rightlie belongeth are the persons onlie aboue specified and none other And further we say if any spirituall Discipline or power which directlie belongeth vnto the conscience The Discipline of Christ prophaned if the same be ministred by other persons then the holie scriptures doe appoint be ministred in the church by any other persons theÌ„ by those persons only that the same discipline is not to be called the discipline but a mere prophanation of the Discipline of Christ For as it is vnlawfull for any person to vsurpe any part of the Bishopps or Pastors office which consisteth in spiritual teaching the word and administring the sacraments so is it also vnlawfull for any person to vsurpe any parte of a Bishopps Pastors or Elders office which consisteth in spirituall rule and gouernment Whervpon it secondlie followeth that the same persons with their functions are not arbitrable ceremoniall rituall and circumstanciall as things indifferent to be altered by the authoritie of the church but perpetuall substanciall essentiall and as it were the verie mayne and fundamentall pillers to vphold 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 Archbishopps humane Bishoppes Suffraganes Archdeacons Chauncelors Commissaries Officials and all Rowland Allens because their persons
ego sum via veritas vita He neuer said ego sum consuetudo Touching the iurisdiction of the Deane and Chapter the papall lawe being abrogated how the same may lawefullie now bee vsed otherwise then by sufferance and consent of the King and Realme I know not But of all spirituall authoritie exercised at this day in the Church of England the same semeth to draw most neare to the semblance of the gouernment practised by the Apostles and primitiue Church And might bee approued in many points if so bee the Deane and Chapter being as it were a Senate of preaching Elders did no more commit the execution of their ecclesiasticall iurisdiction to the wisedome of one Vicar general or principall official then they doe put over the leassing of their Landes or dividētes of their rentes to the onlie discretion of one of their Baylifes or Stewardes As for Bishoppes Suffraganes in Englande and in Wales how many there may be and what Cities and Townes are to be taken and accepted for their Seas it is at large expressed in a statute made for the nomination of Suffraganes By which statute also wee are given to vnderstand that it remayneth onely in the disposition and libertie of everie Archbishop Bishop within this Realm c. to name and elect two honest and discrete spirituall persons being learned of good conversation and them to present vnto the Kinge by their writing vnder their Seales making humble request to giue to one such of the saide two persons as shal please his Maiestie such title name stile dignitie of Bishop of such Seas specified in the said act as the Kings Highnes shall think most cōvenient for the same so it bee within the same Province whereof the Bb. that doth name him is Besides after such title stile and name given by the Kinge it is saide that the King shall present every such person by his letters patentes vnder his great Seale to the Archbishop of the same Province wherein the Towne whereof hee hath his title name stile and dignitie of Bishop and that the Archbishop shall giue him all such consecrations benedictions and ceremonies as to the degree and office of a Bishopps Suffragane shall be requisite It is further enacted provided that every person nominated elected presented and consecrated according to that acte shall be taken accepted and reputed in all degrees places according to the stile title name dignitie that he shall be presented vnto haue such capacitie power and authoritie honor preeminence reputation in as large ample maner in cōcerning the executiō of such cōmission as by any of the saide Archb. or Bb. within their Diocesse shall be given to the saide Suffragane as to Suffraganes of this Realm hertofore hath bin vsed accustomed And that no Suffr made cōsecrated by vertue of this act shall take or receiue any maner of profits of the places Seas wherof they shall be named nor vse haue or execute any iurisdiction or Episcopall power or authoritie within their said Seas c. but only such profites iurisdiction authoritie as shall be licensed and limited vnto them to take do and execute by any Archbishopp or Bb. within their Diocesse to whom they shall be Suffraganes vnder their seales And that no such Suffragane shall vse any iurisdiction ordinarie or Episcopall power otherwise nor longer time then shall be limited by such commission to him giuen vpon peyne c. From which Act touching the vse exercise of Episcopall power and censures by the Suffragane we may againe safely conclude that the Episcopall power graunted by the Bishops to be vsed by the Suffragane is not of diuine right and institution but only from humane devise and ordinance For the Suffragan could not exercise any power called spirituall or Episcopall vnles by the Bb. he were nominated by the King elected and presented by the Archb. consecrated and by commission vnder the Bb. seale authorized in what maner and for what time he should exercise the same Custome then being not from heauen but from the earth and againe the Bb. commissiō limiting the Suffraganes delegated power being of man and not of God it followeth necessarilie that that Episcopall power which the Bishoppes vse and exercise in England can not be diuine but humane Because Episcopall authoritie which is diuine being conveyed from the Royall and Souerayne authoritie of our Sauiour Christ the giuer of all power vnto euerie officer within his Church can not be transferred to any other person by the same Bb. by the King by the bodie of the state or by custome For the Kings person and bodie of the state not being made capable by the holie scriptures to vse and exercise that Episcopall power which is of diuine institutiō can neuer transferre the same to others whereof they be thē selues vncapable And to defende that custome or any municipall lawe should transferre diuine Episcopal power from a divine Bishopp to any humane officer is more erroneous And from hence if the now L. Bb. of London iudge his Episcopall power to belong vnto him by divine and that by the same right he haue power aswell to ordeyne depose suspend and excommunicate presbyters as to confirme boyes girles yong men maydens there seemeth to bee good reason that the same Bb. should make it apparantly knowne vnto the King Realm by what power or commission descended from heaven hee may delegate vnder his Seale the same his divine authoritie of ordination deposition suspension excommunication and confirmation vnto Doctour Sterne his now Suffragane of Colchester For if from the holy Scriptures hee can produce no warrant for the making of a delegation of any part of that Episcopal power which he holdeth to be cōmitted vnto him frō our Savior Christ then well may we conclude against the ordination deposition suspention excommunication confirmation made by the same his Suffragane that the same his Suffraganes ordination deposition c. is not divine For how can an ordination a deposition c. made by a Suffragane be divine when as the commission graunted by the Bishop is meerlie humane Wherefore seeing the Bishop himself hath plucked certeyne of his principall feathers from his own spirituall winges if so be his owne winges may be spirituall and imped them with an vntwysted thread of humane policie to the humane trayne of his Suffragane and seeing also his Archbishoppes grace of Canterburie in cases of his metropoliticall prerogatiue the Archdeacons London Midlesex Essex Hertforde the Deane of Paules and certeyne prebendaries in Paules the Deane of Westminster the Maister of the Savoy and divers other Persons haue by Papall privileges or by auncient custome prescribed almost all other partes of his Episcopall power there seemeth good reason that the Bishoppe should againe declare whether the Churches within the saide Diocesse after the decease or translation of his Lordshippe shall stande in neede of any Lordlie Successour to sitt
ordinances provinciall or synodall according to the true intent of that act could not still haue bene vsed and executed as they were before if the Bishops had not still remained ordinaries Moreover it is cleare by two statutes that the Archbishops Bishops ought 25. H. 8. c. 20. 25. H. 8. c 16. to be obeyed in all maner of things according to the name title degree and dignitie that they shall bee chosen or presented vnto and that they may doe and execute minister vse and exercise all and euerie thing and thinges touching or perteyning to the office or order of an Archbishop or Bishop with all ensignes tokens and ceremonies therevnto lawfullie belonging as any Archbishop or Bishop might at any time heretofore doe without offending of the prorogatiue Royall of the Crown and the lawes and customes of this Realme Let it be then that by custome canons provintiall and statute law Bishops bee and doe remaine ordinaries yet aswell vppon those words of the statute 25. H. 8. without offending of the prerogatiue Royal as vpon the statute of 1. Eliz. c. 1. there remaineth a scruple and ambiguitie whether it be not hurtfull or derogatorie vnto the Kinges prerogatiue Royall that Ordinaries should vse and exercise their ordinarie power improperly called spirituall without a commission vnder the great Seale or that such their power should be as immoderate and excessiue now as in times past it was by the papall canon law Concerning the first by the statut of 1. Eliz. c. 1. and by the statute of 8. Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie The Queen was supreme ordinarie of ordinaries of Ordinaries that is the chief supream and Souveraigne ordinarie over all persons in all causes aswell ecclesiasticall as temporall Where it seemeth to followe that all the branches streames aswell of that power which improperlie is called spirituall as of that power which properly is called temporal should haue bene derived originally vnto the Bishop from her Highnes person as from the onlie head fountaine of all the same spiritual power within her Kingdomes in such maner and from and by such commission vnder the great Seale as her H. temporal Officers Iusticers Iudges had their authorities committed vnto them And to this opinion Maister D. Bilson seemeth to accord For all power Pag. 348 saith he is not onely committed to the sword which God hath authorised but is wholie closed in the sword Against the head that it shall not be head to rule and guide the feete can be no prescription by reason Gods ordinance for the head to governe the bodie is a perpetual and eternall law and the vsurpation of the members against it is no prescription but a confusion and the subuersion of that order which the God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance Pag. 114. 130. vnto the Bishops of this Realm none other but subordinate delegate authoritie and that the matter heads wherein their iurisdiction is occupied are by and from the Christian Magistrats authoritie In whom as supream Governour all iurisdiction within her dominions aswell ecclesiastical as civill by Gods and mans law is invested and their authoritie ecclesiastical is but subordinat vnder God the Prince derived for the most part from the Prince From which two statutes iudgements of the 1. Eliza. c. 1 8. Eliz. c. 1 Governours of the Church conteined in these two bookes for these two bookes were seene allowed by the Governors of the church I leaue it to be coÌ„sidered if the Bishop did exercise the same improper and abusive spirituall power and iurisdiction ecclesiasticall onelie and alonelie in their owne names stiles and dignities and vnder their owne seales of office that also by authoritie of forraigne and papall lawes if I say the Bishop did these things after this this manner I leaue it then to be considered whether their exercise of such power were derogatorie and preiudiciall in a very high degree to the prerogatiues of the Royall Crown or not For my part because I find by the forraigne canon lawe that papall Bishops be the Popes sonnes and are privileged to carry the the print image of the Pope their father namely that they haue plenitudinen potestatis within their diocesses as the Ex de Maior oâ—â— Pope pretendeth to have power over the whole worlde For quilibet ordinarius saith the same law in sua diocaesi est maior quolibet principe and because also not withstanding what socuer the Bb. haue written that they were the Queenes Bb. and had their authoritie derived vnto M. Bilson pag. 330. them from the Queene they did in her life time put the same papall law in execution by the same law did take vpon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceyue but that exceedinglie they did intrude them selues into the Royall preheminences priviledges prerogatiues of the Queene For by what other authoritie then by a certain plenarie power did they in their owne names for the gouernment of the The Bb. by a plenarie power devised promulged new canons with out the Queens assent seuerall Churches within their seuerall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Iniunctions and articles soever seemed good vnto them without any licence or coÌ„firmation from the Queene first had and obteyned therevnto By which pretensed plenarie power it seemeth that the statute made to bring the Cleargie in submission to the King was covertlie deluded and our late Soveraigne Ladie the Queene cunningly bereaved of that regall authoritie over euerie partieular Diocesan or Ordinarie which notwithstanding by the Parleament was giuen vnto her Highnes over the whole body and state of the Clergie For if once there be no necessitie of the Kings licence assent or confirmation to such articles canons or iniunctions as euerie ordinarie shall make within his iurisdiction then must it bee intended that the statute of submission hath covertlie permitred severall members severally to doe to execute those things which apparantly in expresse termes the whole convocation was commaunded and with the same in verbo sacerdotij had promised not to doe then the which what can seeme more vnreasonable and absurd For then might all the Ordinaries ioyne hand in hand and agree all togither in one never in anie of their convocations assembled by the Kinges writt to devise make or promulge any canons Ecclesiasticall at all And what assent licence or confirmation from the King could then bee needfull Or how then was the Cleargie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold coard is not easilie brokeÌ„ but then should it be with them contrarie to the proverbe for
the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
Archdeacons Chancelours and Officials Therefore there may be or wil be moe excoÌ„municated by their Lordships their Archdeacons Chancelours c. then in Communion The assumptioÌ„ though I cannot warrant the same to be simply true yet I may safely warrant it to be drawen from the Admonitors owne experience For I let passe sayth he that experience teacheth that men of stubbernes will not shunne the coÌ„pany of them that be excommunicated c. and that they must bee excommunicated Bishoply excommunication hath manie deformities for keeping of company with them And so it will fall out that moe will bee excommunicated then in communion but this last consequence say I caÌ„ not follow vnlesse he first presuppose both his antecedents to be true And therfore because he must needs be intended to haue spoken of that kind of excommunication whereof he hath had experience it followeth that these deformities and inconveniences whereof he speaketh must needes be found in that excommunication which he his vse For of the other kind of excommunication hee neuer yet had any experience And then by experience he could not speake If he spake not of his owne experience but of the experience of some other men then haue we but litle cause to beleeue him because wee know not what maner persons those were from whom he drew his argument of experience and whether they reported deceytfully or truely of their own experience or no. And if this argument drawn from the experience of his owne maner of Discipline be of sufficieÌ„t validitie to impugne as he weaneth that Discipline by excommunication which so much as he saith is cryed for and whereof as yet hee never had experience how much more effectuall then is this argument to overthrow that his own maner of discipline which he so long time to so small profit and with so great inconveniences deformities hath so vnprofitably practised For can there be any greater deformitie By discipline of Bishopply excommunication one may bee a community then that one member should be supposed to bee the whole body or that one man should make a communitie And yet this deformitie by his experience may fall out to bee seene even vnder that discipline which every ordinarie exerciseth For if by processe ex mero officio an ordinarie should excommunicate any one of his iurisdiction for not communicating with an idoll minister or for holding that Christ in his soule did not descend into hell or for denying reading to bee preaching and withall should pronounce all them to be men of stubbernes which would not shunne the company of him so excommunicated And for that cause also should excommunicate them as is here supposed lawful to be done were it not a cleare case that the body of that church must now be taken to consist only in the person of the ordinary one member to become the whole body For if all vnder his iurisdiction were once excoâ—â—municated how could then any bee in communion with him And if they all were once excommunicated must not the ordinary then alone be the common vnion and so make a communitie And what a deformed kinde of excommunication then is that kind of excommunication whereby it may fall out that to be one is to be many and that to bee a church a company a societie and a fellowâ—hip is to be one of which nature and of which kind that maner of excoÌ„munication which by Pastours and Elders is to be executed can not be as hath already bin proved If then excommunication now vsed be a deformed kinde of discipline and therefore as we say to be no more tollerated and if excommunication by Pastours and Elders bee a kind of discipline for the incoÌ„venience thereof as hee saith not to be planted what maner of discipline by excommunication would he haue in thâ—se dayes The Admonitor would haue no excommunication at all trowe we would hee haue none at all verely I suppose none at all For so doe â—his words plainely insinuate by two reaâ—â—s following First saith he the loose 〈…〉 of these dayes require discipline of â—â—arper lawes by punishment of body and danger of goods which they doe will more feare then they will excommunication Secondly wee haue saith he a very good maner of discipline by the Ecclesiasticall commission which doeth much good and would do more if it were more common But why did he not speake plainely and why did he not affirme devoutly that discipline by excommunication was good where the church was in persecution and that it is not necessary nor so convenient vnder a Christian Magistrate as it may be otherwise For if Pastors and Elders were appointed ioynt officers only for timâ—s of persâ—cution and not to be vnder Christian Princes it followeth these ioynt officers ceasing that al accessaries appeÌ„dices and consequences of their ioynt offices must also cease vnlesse it can bee proued out of the holy scriptures that the offices of Pastours ought stil to continue that the offices of Elders ought not to continue because the offices of Elders with all their appendices haue bene translated by our Saviour Christ vnto Archbishoppes Bishops Archdeacons their Chancelours Commissaries and Officials For vnlesse these Officers be Christs Officers the discipline which they vse cannot bind the consciences of the people of God And for this cause is it very probable that he so coÌ„mendeth discipline of sharper lawes discipline by the Ecclesiasticall commission For if these officers by their discipline haue not to doe with the consciences of men then is it no merveyle that men feare not their discipline And therefore if they wil be stil officers it is requisite that they call for such a discipline as might cause men to stand in awe of their authoritie But were they indeed the officers of God and had they indeede authoritie from God to execute discipline by excommunication as Pastours and Elders did in the primitive Church then were the loosenes of this age never so great yet that the children of God in Englande would more feare the losse of goodes landes bodies or lives then the censure of Gods officers is one of the Admonitors paradoxes And here I appeale the consciences of all the reverend Bishops and Prelates in the lande and let them answere me hardly if they iudge themselues to be the children of God had seven times seven thousand liues whether they had not rather seven thousand times be coÌ„mitted to the Iaylor of Winchester then once be delivered over to the Iaylor of Hell And are not all the children of God in Englande their brethren And are they not all led by one and the selfe same spirit And how then can they lesse feare excommunication which is a delivery of the soule to Sathan then the punishment of body and danger of goods And yet touching this point of excommunication he seemeth Admonitor supposeth it to be a fault not to excoÌ„municate that Prince and Rulers and
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne 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 thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister 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 easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
manner thereof is none other manner of gouerment nor forme of The maner of policie by Pastors and Elders in the Church is agreeable to the government in the cōmō weale pollicie thē such as they and their progenitors and Ancestors for many hundred yeares togither without interruption haue vsed and enioyed in the common weale And that therefore it will be a very easy matter to transferre the same to the gouerment of the Church For by the reasons and principles of their own gouerment in the common weale and by the sence feeling thereof they may wel be induced to thinke that they haue iniurie if they haue not as much to doe in matters of the Church as they haue to doe in matters of the common weale seeing they touch their commoditie and benefitt spiritually as the other doeth temporally And withall on the other side I shall doe my best indeavour to aduertise them that the gouernement of the Church by Prelacie is such a maner of gouernment as was neuer yet The government of the Church by Prelacie disagreeable to the government vsed in the common weale in the administration of iustice by any subiect 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 easely bee sent and transmarined vnto Rome frō whence it first came where it had it originall and birth-right And to the end that we may clearelie discerne whether the nature of the gouerment of the Church by Prelacie or the nature of the gouerment desired to be planted by Pastors and Elders be more agreable to the nature of the pollicie receaued and vsed both by the Nobles and common people in the common weale it is necessarie that the manners and formes both of Prelaticall Pastorall gouernment be made familiar vnto the minde of the Reader And because wee haue alreadie declared the manner of the election and confirmation both of a Bishopp into his Episcopall Sea of a Minister into his Pastorall charge what the one is by the lawe alreadie established and what the other by a law desired to be established ought to be wee will not any more speake of their entrāce into eyther of their places vnles only a litle to recreate the Reader we merely note what answere some Bb. haue made when as long chasing after Bishopricks they haue chafed in their minds for feare of loosing their pray as was the answere of that Italian Bishopp The answer of an Italian Bishop loth to loose his Bishopricke who beeing thrise demaunded of the Archb. as the manner is vis Episcopari vis Episcopari vis Episcopari and being willed by one standing by thrise againe to aunswere as the maner is nolo nolo nolo He making no bones at the matter aunswered aloude with an oath Proh Deum dedine ego tot milia Florenorum pro volo Episcopari iam debeo dicere nolo or as was the answere of that English Bishop who having promised a Courtier one annuitie of xx pound during The answer of an English Bishop having obteyned his congedelier his life out of his Bishopricke if he could procure the speedie sealing of his congedelier within a while after whē it was sealed he rapt out an oath sware by Iesus God that the same Gentleman had done more for him then an other great Courtier who before hande for that purpose had receyued frō him one thousand markes But whether all Bishoppes buye their congedeliers dearer or better cheape is not a matter incident to this treatise onlie if they buie deare they may happelie think with them selues that they may sell deere vendere iure potest emerat ille prius setteth not anie price vpon any wares in the Royall exchange But to returne to our purpose whence by occasion of those Bishoplie oathes and answeres wee haue a little digressed let vs see what is the maner The maner of the administration of spiritual iustice in the Church by Prelacie and forme of the administration of spirituall iustice in the gouernment of the Church by Prelacie as the same is ordinarilie administred in all places throughout the Church of Englande Wherein that we be not mistaken it is to be vnderstood that the maner of administratiō of iustice wherof we speak is that administration of iustice onlie whiche respecteth the punishment of crimes eccllesiasticall to be inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistorie proceed from the iudgement and authoritie of the Bishoppe alone if he bee present or from the sentence and power of his Vicar generall or Cōmissarie alone if he be absent Nay doth not everi such censure likewise in the Archdeacons consistorie proceede from the sole authoritie of the Archdeacon or if he bee absent from the sole authoritie of his officiall But if the like course of the execution of Iustice as this is can not be found to be an ordinarie course of Iustice in the common weale where Iustice is administred in criminall causes by the ministerie of a subiect I would faine learne what preiudice may be feared to redound vnto the cōmon weale if the administration of spirituall Iustice after a sort were established to be after the same manner in the Church after which civill Iustice is alreadie practised in the common weale I said after a sort to this end least I should bee mistaken For the meaning is not that spirituall Iustice should bee ministred exactly in No one subiect in the cōmon weale can alone exercise civill iustice in causes criminall every respect after the maner of civill Iustice but the comparison standeth onlie in this that as not any one temporall subiect alone hath authoritie to heare to examine and to iudge any one criminall cause in any Court of civill iustice in the common weale so likewise that not any one spirituall person alone should haue authoritie to be examiner and iudge of any one criminall cause in any Court of spirituall Iustice in the Church For if certain principall The administration of spiritual Iustice by Pastors Elders agreeable to the execution of civill iustice in the common weale godly persons associated vnto a learned and zealous Pastor in the presence and with the consent and authoritie of the people of every Parish did enioyne penance suspend or excommunicate a spirituall offendor were not this forme of administration of spirituall iustice more consonant agreeable and conformable to the daily executiō of civill Iustice in the Courts of the cōmon weale then is the administration of spirituall Iustice by the Bishopp alone or by his Vicar general alone in his Consistorie and to make this matter more familiar in the mind of the Reader for an instāce or two let vs suppose that Mai. Doctor Bancroft were still Parson of S. Andros Maister D. Bancroft with his assistāts letter able to
venerabilis viri domini Archidiaconi Surr. omnibus singulis rectoribus c. salutem Cùm nos rite legitime procedentes omnes singulos quorum nomina c. in noÌ„ comparendo coram nobis c. seu saltem in non satisfaciendo mandatis nostris c. pronunciaverimus contumaces ipsosque c. excommunicandos fore decreverimus Cumque discretus vir magister Roul Allen presbyter eosdeÌ„ omnes singulos subscriptos ex officio nostro excommunicaverit in scriptis iusticia id exigente vobis igitur committimus c. quatenus eos omnes c. sicut prefertur ex officio nostro mero excoÌ„municatos fuisse esse c. palam denuncietis c. Datum sub sigillo officialitatis nostrae 19. die Decembris Anno Domini 1587. John Hone Doctor of the Lawes Officiall of the venerable man the Archdeacon of Surr. to all and singular persons c. greeting Whereas we otherwise rightlie and lawfully proceeding all and singular whose naâ—â—s are vnderwritten in not appearing before vs or at least-wise in not satisfying our mandates haue pronounced contumacious and decreed them to be excoÌ„municated And whereas also the discrete man M. Rouland Allen presbyter out of our office hath excoÌ„municated all and singuler vnder written iustice so requiringe wherefore wee charge you that openlie you denounce and declare them everie of them so as aforesayd out of our office to be excoÌ„municated Giuen vnder the seale of our officialitie The 19. day of December 1587. By this practise it doth appeare that Doctor Hone and Rouland Allen canvased manie poore men verie piteouslie And that this poore curate Rouland Allen had a warme seruice to attend vpon Doctor Hone and to ierk those whose points soeuer hee should vntie But because this precept was an article concluded vpon by the reuerend Bishopps in their convocation and confirmed as I suppose by the Royall authoritie of our late Queene wee will forbeare to speake what we thinke might iustlie be spoken against the incoÌ„gruitie therof Onely this without offence to the reuerend Bishoppes wee may safely demaund sithence everie ordinarie whether he be a Bishopp or a presbyter by this article of their owne devise hath such an absolute power resiant in his person as that thereby thoroughout his whole iurisdiction he may thus coÌ„mit the execution of discipline by excommunication partlie to one laie person and partlie to one ecclesiastical person partly to a supposed spiritual Elder and partlie to a lay Elder sithence I say this is so we may safelie demande what reason they can produce to hinder the King from having authoritie to coÌ„mande three or foâ—re or if occasion The Kinge hathas good right to coÌ„mand excoÌ„munication to bee exercised by a Pastor and Elders as the Bb. haue to commit the same to a Curate and one lay Elder serue fiue or six lay Elders as they call them and one spirituall Pastor being a true spirituall Elder in deede all lawfullie chosen ecclesiasticall Officers in the house of God that they ioyntly should not execute the discipline of Christ viz. excommunication and other censures of the church in every Parish within his Kingdome If it bee aunswered that in this case the Presbyter alone doth excoÌ„municate is it not as if one should say that the executioner doth giue iudgmeÌ„t when at the coÌ„mandment of the Iudge he smiteth of the head or casteth downe the ladder or may not as much be said for the excommunication whereof wee speake that the Pastor onlie should excommunicate when by vertue of his office with the consent and not by the prescript of the Elders associated vnto him he should declare and pronounce the partie to be excommunicated But let it bee graunted that Rouland Allen denounceth the lesson which is writteÌ„ in the paper for him to read yet is it cleare by the precept that the same must bee done by the prescript of Doctor Hone. Besides Doctor Hone he citeth he precognizateth the parties and they being absent he pronounceth them contumaciter absentes and in paenam contumaciarum suarum huiusmodi decreeth them to be excoÌ„municate and are not al these necessarie partes incident to the execution of discipline by excommunication And how then can the Minister be saide to excommunicate alone when Doctor Hone of necessitie must play three parts of the foure without all or without any one of which parts the excommunication by reason of a nullitie is merelie voide Againe the acte being done as it were vno puncto at vno halitu and Rouland Allen and Doctor Hone having their commission from the Archdeacon in solidum how can their iudgement be devided Furthermore to say that Rouland Allen doth excommunicate by the authoritie of Doct. Hone were to overthrowe the intendement of the article Because by the scope of the article it is plaine that the Presbyter to be associated to the officiall must onlie derive his authoritie from one who hath taken ecclesiasticall orders But those orders Doctour Hone never tooke otherwise Rouland Allens presence had bene vnnecessarie and superfluous And therefore if the excommunication be of any validitie theÌ„ is discipline by excommunication in the Church of England exercised partlie by one laie Elder as they call him and partly by one Ecclesiasticall Elder wherein againe it is worthy the observation for the matter we haue in hand that Doctor Hone a mere laie temporall man hath authoritie from the Archdeacon to call and associate vnto him to prescribe Roul Allen a Presbiter an other mans hireling Curate in Southwark to excoÌ„municate not only the Parochians of an other Pastors charge but also any other Pastor whatsoever subiect to the Archdeacons iurisdiction And hath not the Kings Highnesse then as good right as great a priviledge and as high a prerogative to command Maister Doctor Andros or Maister Doctor King and lay Elders by a lawfull election to be associated vnto either of them to excommunicate either of their owne Parishioners for publike drunkennes or other notorious sinnes committed in their owne Parish For if it bee lawfull at the voice of a lay stranger that an hireling and stipendary Curate should chase an other mans sheepe out of his owne folde how much more is it lawful that a true sheepherde should disciplinate his own sheepe feeding and couchant within his owne pasture and within his owne fold Furthermore touching the admittance of governing Elders or lay Elders as they call them vnto the Minister of everie congregation according to the former patterne of one lay Elder that the same is not a matter so strange for lay men to bee ioyned in this charge of ecclesiasticall government as the opposites Lay men appointed by the Queenes iniuuctions to execute some part of discipline beare vs in hande to be it shall not be amisse to cal vnto their remeÌ„brances one of our late Soveraigne the Queenes iniuctions wherby certeyne lay persons called overseers were commanded to be chosen by
by the scriptures it can not bee prooved that there be two seuerall distinct formes of ordinations the one called consecration proper to a Lord Bishoppe for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the word and Sacraments Wherevnto lastlie If the Lord Bishop haue power to minister discipline by diuine right thē no more can he commit that his power to another thē he can commit the power which hee hath of preaching to another may be added another maine reason that Episcopall power in Englande to minister the discipline can not therfore be of divine institution because if it were of divine institution the Bishoppe 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 then he can depute them or any of them to minister the doctrine Sacramentes 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 Bishoppe For the profe hereof we shall not need to search any other authenticall record then the precept and the practise before intreated of For it is not saide in the precept That the Presbyter being armed with authoritie from Christ but it is sayde that the Presbyter being armed with authoritie from the Bishoppe or Archdeacon shall denounce the sentence of excommunication the practise also of Doctor Hone every way confirmeth as much For therein Doctor Hone doeth not chalēge to be an officer vnto Christ but he sayeth that he is the officiall of the venerable Archdeacō of Surrey and that Maister Rowland Allen Presbyter by vertu 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 nevertheles he is a mediate officer deputed to his office by an immediate officer vnto Christ vix the Lord Bishoppe or Archdeacon then we replie and say First that the Lord Bishoppe Archdeacon bee neither immediate or mediate officers appointed by Christ to be Ministers of his discipline Secondlie if they were immediate officers from Christ that yet they haue no authoritie by the law of Christ to transferre their right or any part thereof to an other person or to depute an other person in their name or by their authoritie to excommunicate As for these words viz In Dei nomine amen nos Iohānes Hone or nos Roulandus Allen c. sometimes vsed in their scedule of excommunication it is but a prophaning of the holie name of God whereby they make them selues guiltie 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 Bishoppes humane episcopall power yea or no. But now on the other side because no divine censure can lawfullie be executed in the church by that authoritie which is of humane institution if it be aunswered that the Bishop by reason of his pastorall Whether the L. Bishopp by pastorall authoritie may excommunicate a Pastor power which hee is saide to haue over all the Pastours and people of his Diocesse may lawfullie not onlie minister the worde and Sacraments but also the Discipline of Christ vnto them all then it followeth that by a Pastourall power one Pastour may be a Pastour of Pastors which is against the Scriptures and contrarie to the brotherly fellow-like authoritie which is common to all Pastours vnder the sunne and betwene whom touching their Pastourall functions there is to this day by the Scriptures as litle superioritie and as great a paritie as ever there was betwene Apostles and Apostles betwene Prophets and Prophets or betwene Evangelistes and Evāgelistes and as at this day there is betwene Bishops Bishops betwene Archbishops and Archbishops or betwene Patriarckes and Patriarckes yea and as is betweene Earles and Earles Dukes and Dukes Kinges and Kinges Emperours Emperours For no greater superioritie or preheminence hath any one Pastor over the person or function of an other Pastour touching the administratiō of any thing properly belōging Pastoures ouer small flockes are as truely pastors as Pastors ouer great flocks to either of their pastoral functions thē hath one Emperor over the person or function of an other Emperor or one King over the person or functiō of an other King or one Lord Bishop over the person or function of an other Lord Bishop or one Archbishop over the person or functiō of an other Archbishop or then had one Apostle over the person As great paritie betwene Pastors Pastors as between Apostles Apostles or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over another arme or one foot over another foote And therefore if touching the functions which Pastors either among them selues haue in common one with the other or which they haue over their flockes there be no disparitie but that the Pastors to whom small flockes are committed doe as reallie and as truelie participate of the nature of true Pastors as those great Pastours doe vpon whose great shoulders great burdens are imposed it behoveth great Pastors to prove vnto vs by the holie Scriptures that by the institution of their great pastorall functions they haue their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the litle Pastours haue their power by the institution of their petie pastorall offices so streightned as whereby they may onlie preach the Word and administer the Sacramentes but not excommunicate it behooveth I say great Pastors to be able sufficiently to shew vnto vs these thinges out of the holy Scriptures or els it seemeth to stande with reason and equitie deduced from the same Scriptures that a Pastor over a few should haue like power to teach and to governe a few as a great Pastor over manie hath to instruct and to rule many Marie if they think that only great Pastors be true Pastors that great powers spirituall be only true powers spirituall then let them also conclude that onely great Knights be true Knights that only great Dukes bee true Dukes that onely great Kings be true Kings and that only great principalities temporall bee true principalities temporall Which conclusion Not onelie Kinges of great kingdomes but also Kinges of small kingdomes bee true kings if they shall iudge to be conclusionles because King Rehoboam had as large a patent to feede and to command two Tribes as King Solomon his Father had to command and to feede twelue or as the Archbishop of Yorke may suppose him self to haue over nine or tenne Counties as the
to teach and to guide others we rest perswaded in our hearts that the King for his part treading in the steppes of the godlie Kings Princes Governours of Iudah will goe in and out before his people as they did before theirs And that he will rather not eate of the bread nor drinke of the wine of the governoures Nehe. 5. that were before him then that he will not remitt the provisions the seasements the fynes the impositions the amerciamentes that have bene exacted Yea also that he will feede from his owne table an hundred and fiftie Prophetes prepare for them oxen and sheepe and birdes and wine in all abundance because they are come vnto him from amoÌ„g the prelatistes that were about theÌ„ because their bondage hath bene grievous vnto them Yea further also we are 2 Chro. 11. perswaded that he will shake out of his Lapp everie servaÌ„t of his that shall beare rule over his people And thus much of the meanes whereby some impropriations may wholie be reduced to the vse of the Ministerie It followeth to shewe by what meanes other some impropriations may be converted in part to the maintenance of Ministers to be planted in Parochiall Churches now destitute of able Pastoures in case the sayde impropriations by none of the former meanes can be reduced whollie to their first and auncient institution Wherein these two things come principally to be considered First whether it were not convenient How impropriatioÌ„ may be in parte reduced to the Ministery by some wholesome lawe to haue it ordeyned that the Heades Governours Rulers and Maisters of the Vniversities Colledges Cities Townes Hospitalls free Scholes and other bodies politicke and Corporate should not from henceforth demise or sett to farme their or anie of their impropriations or anie of the glebe Lande tythes or other fruites belonging to the same vntill such time as all leases heretofore made bee fullie ended or otherwise determined Secondlie whether it were not convenient to have it enacted by the same lawe that all and everie impropried Church Churches with their glebes tythes and other fruites after the determination of the Leases now in being should be demised and sett to farme onlie to the incoÌ„bent Ministers of the same Churches for terme of their naturall lyves if so long they did continue reseant and faithfullie preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacramentes by publick authoritie now established in the Church of England And because by likelihood the Vicares will not bee able to pay fynes or incomes vnto the Colledges Hospitalls and other places and because also it seemeth reasonable that the Colledges Hospitalles other places by some other meanes should be recompenced we leave it agayne to bee considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeelde in money corne or other provision to the double or treble value of the anicient and vnimproved rentes For mâ—n experienced in these affaires of this life know that the profites arising out of churches appropried vnto the farmours thereof are commonlie sixe eight or tenne tymes more worth by iust estimation theÌ„ are the old rentes payable vnto Colledges Hospitalles other like places And thus we see howe together with the bringing in of these thinges which are required to be planted in the Church impâ—opriations may stande as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the vse and provision of the Ministers what soever hath bene insinuated by the Admonitor to the contrarie And yet do I not in anie of these things or of any other thing first or last spoken or to bee spoken desire mine owne advyse and iudgement so to be respected as though I should arrogate vnto my selfe more knowledge then all others which labour in the cause of reformation but onelie I submitte these my private meditations with their reasons to the censures of all wise godlie and learned men HuÌ„blie praying them so to bestir their own wits and so to bestowe their own cunning and learning that a better more easier way by their ingenuousnes may be found out procured to take place And in the meane season that these motions tendered to their vewes may not altogether bee neglected but duly weyed and considered Especiallie for that I haue not tendered any other thing to be performed by any of these meanes vnto any other then such as whervnto I my self to my power yea and beyond my power as far as in me lyeth shall bee readie to yeelde And howsoever the Bishoppes other great Clergie Maisters with their statelie favourites may preteÌ„d some part of this devyse to be an hinderance of learning and other some parte not to be for the Kings profite yet to the first we answere brieflie that learninge is not so much furthered by a few great rewardes provided for a few great learned men as it is by many good rewardes appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kinges profite we affirme that it is not onelie most profitable but also most honorable for the King to haue a multitude of loyall vertuous and godlie subiectes And that such manner of subiectes can by no meanes better be procured then by a continuall preaching Ministerie of the worde to bee planted in everie parish of the Kings Realmes And because no man better knoweth the reciprocall dueties betweene a Christian King and christian Counsellers we leave the discerning of the spirites of these profite preachers to the triall and iudgement of our most Christian King whom if he shall finde either by flatterie to fawne vpon the Kings profite or by labouring to keepe the King in a good opinion of thinges amisse we most huÌ„blie beseech the King to accept them and rewarde them for such as could wishe in their heartes the King should rather be impoverished by having many bad vnprofitable subiectes then that them selues would not be enriched by enioying manie good and profitable impropriaons As for the Lawes whereby Patronages do stande as mens lawfull possessions and inheritances which as the Admonitor saith must also be taken away how the same lawes may still endure or by consent of Patrones be altered without their damage if God permit when we come to speake of the election of Ministers wherein the reformers are charged with the hurling and thrusting out of patrones shal be declared Admonition The lawes of England to this day haue stood by the authoritie of the Pag. 78. three estates which to alter now by leauing out the one may happely seeme a matter of more weight then all men doe iudge it Assertion Not to stand vpon termes with the Admonitor that the lawes vsually called the common lawes of the lande being meere customary lawes
did neuer yet stande by the authoritie of the three Estates I will take his meaning to be that the statute lawes of England to this day haue stood by authority of the three Estates which to alter nowe by leaving out the one c. and then therevnto I aunswere that not any one of the three The bringing in of the discipline by pastours and elders is not the leauing out of Parleament any one of of the three Estates Estates should be left out or barred frō having authoritie in making and promulging statute lawes though the goverment of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this maner of gouerment to be planted are so farr from exempting or excluding any one of the three Estates from their auncient power priviledge and preheminence in the making of statute lawes as that we pronounce him to bee guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth onely wholy and altogether to the three Estates as well to roote out and to pull vp whatsoever goverment is not iustifiable by the holy law of God as also to plant to setle whatsoever discipline is warrantable by the same law And to speake as the thing is how were it possible to haue the discipline by Pastors Elders planted by authoritie of the three Estates if one of the three Estates should be left out Or can it be imagined that any one of the three Estates would euer consent to the bringing in of such a governement of the Church as whereby the same goverment being once brought in the same estate should ever afterwards cease to be any more an estate Besides we acknowledge that all powers are of God therfore euery one of the three Estates being a power wee graunt that the same hath his stateship by the authoritie of God And if all the three Estates be lawfull by the holie law of God how can it be verified against vs that we which vrge the same holy law for the bringing in of the discipline by Pastors and Elders should notwithstanding contrary to the same law intend the leaving out or altering of any one of the three Estates But which of the three Estates was it that he ment should be left out I trow there The state of the Prelacie is not one of the three estates in Parleament is none of the state of Prelacie so ill advised as to take vpon him the proofe of this position viz. That the Lords spirituall by them selves alone doe make one of the three Estates or that the statutes of England to this day haue stood by their authorities as by the authoritie of those who alone by themselves are to be accompted one of the three Estates For if that were so how much more thē might the great Peres Nobles and temporall Lords chalenge to make by them selves an other estate And without contradiction to this day the Commons summoned by the Kings writ haue ever bene reckoned a third Estate Now then if statutes haue hitherto stood by authoritie of the Lords spiritual as of the first Estate by authoritie of the Lordes temporall as of the second Estate by authoritie of the Commons as of the third Estate I would gladly be resolved what accoumpt the Admonitor made of the Kings Estate It had not bene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes to haue set her Royall person authoritie and State behind the lobby at the Parliament doore Either the Kinges Royall person then as not comprised within the compasse and circumscription of the three Estates by his meaninge which had bene but a very bad meaning must be thought to haue bene hitherto secluded from authorizing the statute lawes made in Parliament Or it is a most cleare case that the Lords spiritual them selves alone do not make any one of the three Estates And what matter then of more weight may it happelie seeme to be to alter the authoritie of the Lords spirituall and to leaue them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine continue by authoritie of the three Estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and euer hath bene a perfect entire and complete body and State without the body and state of Prelacie And that the King the Nobles Commons of the Realme without Prelates Bishops or Clerckes do make vp all the members and parts of this body and of this state and may therefore ordaine promulge and execute all maner of lawes without any consent approbation or authoritie yeelded vnto the same Anno 36 H 8. fo 58. b. Anno 〈◊〉 j. fo 93. 2 by the Bishops spirituall or any of the Clergie And thus much our Divines Histories Lawes do iustifie Sir Iames Dier Lord chiefe Iustice of the cōmon pleas in his reportes telleth vs that the state and body of a Parliament in England consisteth first of the Kinge as of the head and chief part of the body secondlie of the Lordes as principall members and lastlie of the Commons as inferiour members of that bodie By a Statute of provisoes it appeareth 25. Ed. 3. holy church founded in the state of Prelacie by the King That the holy Church of England was founded into the state of Prelacie within the realme of England by the grandfather of King Edward the third and his progenitours and the Earles Barons and other Nobles of the Realme and their Auncestors for them to enforme the people of the law of God These vses are changed to the keeping of great horses great troupes of idlers with long hayre and great chaines of golde to make Hospitalities and almes and other workes of Charitie in the places where the churches were foūded From whence it followeth First that the Archbishoppes Bishoppes onelie alone doe not make of themselues any state of Prelacie but that the whole holy church of England was founded into a state of Prelacie Secondlie it is playne that the 6. Eliz. c. ◠Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy church of Englande into a State of Prelacie ought and were bounden by the accord The Kinge boūd to doe lawes made without assent of Prelates to bee kept as laws of the realm of their people in their Parleaments to reforme and correct whatsoeuer was offensive to the lawes and rightes of the Crowne and to make remedy and lawe in avoyding the mischieves damages oppression and greevances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to be kept as lawes of the