than to plant the things required to be planted And alas what a resolution was that among pillars and Fathers for so they will bee counted of the Church Especially when as the things required to be redressed were required to bee redressed at the hands of the whole state of governement that is at the hands of the Queene the Lords Spirituall and Temporall and Commons in open Parliament assembled And could any dammage I pray you have ensued to the state of Government to the state of the Queene to the state of our Countrey People Common weale and Lawes or to the state of the Gospell if things amisse in the Church had beene redressed and things wanting in the Church had beene planted by so high and supreme a power I trow not Nay seeing our Countrey People and Commmon weale not only once and twice and thrice but many times have humbly and earnestly prayed and solicited in open Parliament a redresse of things amisse in the Church is it not most evident that things were not considered aright but amisse by these Fathers of the Church And that the considerers by keeping things unplanted rather aymed at their owne profit honour and dignitie than that our Countrey People and Common weale should fare the better by having things amisse to bee redressed The considerers then being them selves parties yea and such parties as by whom things were carried amisse in the Church and whose defects only were required to be redressed no marvell I say if they used all kinde of artificiall advisement and consideration to keepe things still unplanted by the planting whereof their owne unfatherly miscariages must have beene reformed On the other side if things required to be planted might indeed be once planted howsoever happily our former Church officers might bee somewhat male-contented and discouraged to have their superfluities pared and the edge of their swords abated yet is there no least cause at all for our Countrey people and Common weale to feare any trouble or hurly burly among us For if the hand of God be in Judah so that he give the people one heart to doe the commandement 2 Chron. 30 12. of the King and of the Rulers according to the word of the Lord and if the King the Nobles and Commons shall condescend and agree in one and if their voices shall be all but as the voice of one man to allow and approve that which doth touch and concerne them all then shall neither the Nobles have any occasion to disdaine the Commons nor the Commons any reason to envie the Nobles Much lesse can the Nobles be at variance with the Nobles nor the Commons be at defiance with the Commons For they bee all of them so prudent and so provident as that they will not bite one another lest they should be devoured one of the other And in deed why should any of our Clergie-Masters be so void of judgement as to deny the Nobles and Commons after foure and forty yeares experience of a most prosperous peace waiting upon the Gospell to be now growne so uncircumspect and simple witted as that a reformation of disorders to be made by their consents in others should bring forth a confusion in themselves What will they bicker one with the other will they beate and buffet one another when there is no cause of disagreement or variance betweene them For they shall be sure to lose neither libertie nor dignitie they shall endanger neither honour nor profit Our Nobles shall be tres-noble still they shall be Princes and Captaines over our people They shall be Deputies and Presidents in our publike Weale They shall be Peeres and Ancients of the Kingdome their Priviledges Prerogatives Preeminences stiles ensignes and titles of prowesle and honour shall not be raced defaced or diminished But they shall as they may and ought remaine and continue whole and inviolable both to them and their posterities throughout their generations Our Judges Justices and Lawyers shall have and enjoy their authorities credits and reputations as in ancient times They shall be recorders of our Cities Townes and Boroughs They shall be Stewards of Kings Leets and Lawdayes Our Knights Esquires and Gentlemen shall still bee Burgesses in Parliaments and Conservators of the Kings peace they shall bee Assistants to examine and represse thefts rapines murders robberies riots routs and such like insolencies yea they shall be our Spokes-men and our Dayes-men to arbitrate and compose striffes and debates betweene neighbour and neighbour Our common people they without disturbance shall quietly and peacably retaine and injoy as in former ages their immunities franchises and liberties as well abroad as at home as well in their houses as in their fields They shall possesse their tenancies without ejection they shall bee inheritors without expulsion as well to the lawes liberties and customes as to the lands and possessions of their Ancestors They shall not bee compelled to goe to warfare upon their owne costs they shall not be tryed arraigned or condemned by forraign power or by forraigne Lawes There shall no husbandry no clothing no handicraft no mariner no marchandise no lawes of the Land no manner of good learning whatsoever in Schoole Colledge or Vniversitie be decreased or laid aside Wherefore the Admonitor toying neversomuch howsoever hee hath made his flourish and cast about with his May bees his I feare his pray God his yfes and his andes howsoever I say it pleased him to trifle with these gew gawes yet shall none ever be able to prove by any proofes drawne from the holy Scripture or humane reason that any hinderance indignitie or incumbrance can ever betide our Nobles our Commons the state of our Countrey People Lawes or Common-Weale if the state of Church-governement were translated from Archbishops Bishops Archdeacons Chancellours Commissaries and Officials which are officers in the house of God only according to the commandements and traditions of men unto the government practised by the Apostles and primitive Church which they cannot deny but must confesse to have been according to the holy pleasure of God Nay our Nobles and our Commons are most assured to bee so farr from being endammaged or dosing ought hereby as hereby they shall purchase that unto themselves which never yet any oppugner of so good and holy a cause could attaine unto Namely they shall seale up unto their owne soules infallible testimones of good and sincere consciences testimonies I say of their fidelities unto God testimonies of their allegiance unto him by whom they have beene redeemed and testimonies of love and compassion unto the whole Church of God Nay further our Commons shall be so farre from bringing a-dammage upon themselves as they shall marvellously benefit the mselves First by purchasing unto themselves a large immunitie from many foule and great grievances and exactions of money imposed and levied upon them by Officers and Deputies of Arehbishops Bishops Archdeacons c. Secondly by having the Lord Christ whose cause
immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
Fraternities and other bodies Politike and Corporate Wherefore to the end our meaning may the better be understood and that we may proceed orderly we thinke it good to examine first by how many severall wayes some oâ— these impropriations may be wholly and thoroughly reduced secondly by how many severall meanes other some in part may be brought to the use of the Ministerie To reduce some of them wholly may bee done by restitution commutation redemption and contribution And first Impropriations may be reduced to the ministery by 4 meanes that I prejudice not the Lords spirituall and Churchmen of their ancient priviledges from being placed in the first ranke reason is that they teaching the people not to possesse other mens goods wrongfully we speake first oâ— restitution to be made by them In declaration whereof we thinke it not fit in this place to shew to what end the state of the Clergie was first founded into a state of prelacie by the King Earles Barons and other great men because the same commeth afterward to be handled more at large but it shall suffice at this â—arochiall Churches to what use they were founded present for the purpose whereof we now intreat to let the reverend Bishops understand that the small Parochiall Churches were founded and endowed with glebe lands tythes and other fruits by the Lords of Manors to the end that the Lords Tenants within the same Manors should be informed of the Law of God and that hospitalities might be kept and the poore of the same parishes be relieved And besides the reverend Bishops we hope will grant that the great Cathedrall This may be proved by 15. R. 2. and 4. h. 4. c. 2. and is confessed by M Bilson in his perpet government pag. 365. 366. and Collegiate Churches were not founded by the Kings progenitors Nobles and great men of the Realme to the end that those great Churches as great Hawkes prey upon little foules with their great steeples should eat and devoure the little steeples or that with their great Quiers they should overthrow and justle downe the small pulpits And therefore we most humbly pray aide from the king for the casting of new claps to bee erected in the little pulpits that hee would be pleased to grant restitutiones in integrum to all the little Churches and that all impropriations of all Parochiall Churches and benefices now by spoliation parcell of the revenues of Archbishops Bishops Deanes Archdeacons Prebendaries and other Ecclesiasticall persons restants within those great Churches may bee wholly restored to their ancient and originall use according to the mindes and intents of the first Donors and Patrons of the same parochiall and little Churches For if as Master Bilson saith it bee true that the Lords of Villages having erected Churches and allotted out portions for divine service either by Gods or mans law by their later grants could not have the former rights unto their patronages overthrowne and if the allowance given at the first to the Minister of each Parish by the Lord of the soyle were matter enough in the judgement of Christs Church to establish the rights of patrons that they alone should present Clerkes because they alone provided for them if I say this be true then have the Ministers of those Villages and of that soyle just cause to require at the Diocesans hands a restitution of such allowances as were first given and provided for them by the patrons Especially the Diocesans by their owne act now enjoying and converting the same allowances to their own use If it be answered that this can not well and conveniently be brought to passe because the same impropriations by the Archbishops Bishops and other Ecclesiasticall persons for diverse summes of money are now lawfully demised to farme for many yeares yet to come hereunto we answer that these leases should hinder nothing at all the restitution of the right and interest in reversion or remainder of those impropriations Only if the impropriations have beene made according to the lawes of the Realm and the leases duly granted these leases for a time may hinder the incumbent Ministers from the present possession of the Tithes Fruits and glebe Land belonging to the said impropriations And yet may not the incumbent Ministers bee hindered in the meane while from receiving the rents reserved upon such Leases and which by the same Leases are now payable to the Archbishops Bishops and other Ecclesiasticall persons Neither after the determination of the same leases should the incumbent Ministers be any more letted to enjoy and receive the whole profits in right of their Churches than other Ministers be now letted to enjoy theirs If any shall say that many of these impropriations are annexed and appropried as Prebends for the provision of some of the Prebendaries of the same great Churches and that the same Prebendaries in the right of their Prebends bee the lawfull Rectors of the Churches appropried and have curam animarum in the same Parishes then we must instantly againe pray the King that those Prebendaries by some wholesome law may be constrained to reside and to incumb upon their said Prebends and Parochiall Churches and that by continuall preaching of wholesome doctrine they may endeavour to cure the soules of the people over whom by the order of those great Churches they be set and over whom they have taken charge And withall that they may no more be suffered to ly and to live idely in their Cloysters in their caves and in their dens sometimes at Worcester sometimes at Hereford sometimes a Gloucester sometimes at Salisburie sometimes at Westminster sometimes at Southwell sometimes at Windsore sometimes at Pauls sometimes at Oxford and sometimes at Cambridge When in the meane while both seldome and very slenderly they feed other sheep whose fleeces they take in and about London Winchester Tukesbury Reading and other places of the Countrey Besides wee pray that these prebends after the determination of Leases now in being may never any more bee let to farme so that the fruits thereof may serve for those Prebendaries or other succeeding Ministers to make Hospitalities Almes and other works of Charitie If it be alledged that the king now having first fruits Tenths and Subsidies out of the impropriations of those great Churches as being all comprised under a grosse summe of the Tenths payable for the whole revenues of the same Churches should lose the first fruits Tenths and Subsidies of the same impropriations if hereafter they become either donative or presentative to this the answer is readily made viz that Tenths first fruits and subsidies might as well be paid then as now And that the King might then aswell have right to the donation of the benefice disappropried as the Bishop now hath the gift of the prebend appropried In the next ranke cometh commutation to be spoken of Wherein because the impropriations of Parochiall Churches appertaining now to the King Nobles Commons Colledges Schooles Bodies
of Yorke and Silby were there present In a booke intituled the burning of Pauls Church in London 1561. and in the fift question moved by a papist it is said that this manner of ministration of Sacraments set forth in the booke of Common prayers was never allowed nor agreed upon c. no not by the Clergie of England at the last Parliament but only it was agreed upon by the Laitie which had nothing a doe with spirituall matters or causes of religion Whereunto the reverend Father Master Pilkington Bishop of M. Pilkington Bishop of Durisme Duresme answering was there not saith he a disputation for Religion appointed by the Queenes Majestie wherein your Clergie was affraid to utter their foolishnesse in defending their superstition lest they had taken more shame in answering than they did in holding their peace I thinke the Vniversities with so many places of this Realme receiving religion and these other disputing for it may bee counted to be some part of the clergie of the Realme And so it was not received without consent of the Clergie But these were not of the Parliament What then But as Ioash Josaphat Ezechias and Iosias did not make a new Religion but restored that which was defaced and had long lyen buried so our Parliament did not set forth a new religion but restore that which was godly begun before the good K. Edward confirmed by the Parliament and Clergie then c. But nothing can bee concluded as a law by Parliament say they without consent of the Clergie there present But this having not their consent cannot be counted a law as they think I had rather saith M. Pilkington leave this to be answered by the Lawyers than otherwise Yet that the world may see that something may be said in it we grant him not this to be true that no law at all can be made without consent of Bishops Look your old statutes of Parliament when Bishops were highest afore Edward the third and ye shall read that they passed by consent of the Lords temporall and commons without any mention of the Lords spirituall which statutes many of them stand in strength at this day Then it may well be gathered that the consent of the Clergie was not alwayes so necessarie as they thinke it The Lawyers Judges and Justicers put in practice and execute these lawes therefore their doings may be a sufficient reason to lead the unlearned what opinion they have of this statutes For Religion except Justice Rastall first executing that and afterward running away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrary to their knowledge and opinion they cannot be able to answer their doings but I think no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceive the people go about to deface all good and godly order that displeases them In the dayes of K. Edward they had the like fond opinion that the king could not make lawes in his minoritie untill he came unto full age and to make the people to disobey their Prince Hitherto M. Pilkington L. Bishop of Durisme with whom the most worthy and learned M. Jewell late Bishop of M. Iewel B. of Salisburie Salisburie agreeth in every point The wise and learned faith hee could have told you that in the Parliaments of England matters have evermore used to passe not of necessitie by the speciall consent of the Archbishops and Bishops as if without them no statute might lawfully be enacted but only by the more part of voyces yea although the Archbishops and Bishops were never so earnestly bent against it And statutes so passing in Parliaments onely by the voyces of the Lords temporall without the consent and agreement of the Lords spirituall have neverthelesse beene alwayes confirmed and ratified by the Royall assent of the Prince and have beene enacted and published under the names of the Lords spirituall and temporall Reade saith hee the statutes of King Edward the first there shall ye find that in a Parliament holden at S. Edmundsbury the Archb. and Bishops were quite shut forth and yet the Parliament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the Records thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parliament with his Barons the Clergie that is to say the Archbishops and Bishops being shut forth it was enacted c. In provisione de matrona in the time of K. Edward the third whereas matter was moved of bastardie touching the legitimation of bastards borne before mariage the statute passed wholly with the Lords temporall whether the Lords spirituall would or no. and that contrary to the expresse decrees and canons of the Church of Rome And thus much the most reverend and godly Father M. Iewell Bishop of Salisbury Wherefore to conlude this point against the Admonitors position I dispute thus All those persons who by any necessitie are none of the three estates aâ—d by whose authorities the statutes of England to this day have not stood to leave out the same persons may happily seem a matter of lesse weight than all men do judge it But the Archbishops and Bishops are such persons as by nâ—cessitie are none of the three estates and by whose consents the statutes of England to this day have not stood Therefore to leave out the Archbishops and Bishops may happily seem a matter of lesse weight than all men doe judge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz. that the house of Parliament is an unfit and an unmeet place to have the holy cause of the religion of God debated and concluded upon and that the Laitie without the clergie ought not to conclude any thing in Religion and that in respect hereof their presences their voices and their assents are necessary in the â—arliament If our Evangelicall Prelates I say make this objection then besides that hereby they unseemely unmannerly and unchristianly accuse the whole land of ignorance and blindnesse in religion supposing neither King nor Nobles nor Commons to be able to discern betweene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reverend Fathers Master Pilkington and Master Iewell have answered to such cavillous slanders For what else intended they by many examples and proofes brought for the Parliaments of England consisting of the King the Nobles and the Commons to be lawfull Parliaments and to have right to establish religion but to justifie against Popish scoffers that religion might be conceived and established in Parliament notwithstanding the absence or exclusion of the Clergie Besides since our
bishops and societie against the right and freedome of the law of God against the principles of humane fellowships against that which was in the begining and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not henceforth barre and seclude the Kings Christian and faithfull people from giving their consents unto their pastours Yea and we further beseech their Lordships that are schollers unto the Apostles and as servants unto the old way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any longer persist in a cursed and quarrelling way which is the new way and the worst way But if the Lords spirituall of their own accord shal not readily vouclsafe to yeeld unto us this our right at our intreatie then for my part I will briefly shew mine opinion what were expedient for the A supplieation to the king by the Lords and commons for the restitution of their right in the choice of their pastors Lords and commons in open parliament dutifully to pray and to supplicate at the Kings Majesties hand Namely At the humble petitions and supplications of all his Lords temporall and commons in Parliament assembled his majestie would bee well pleased to give his Royall assent to an act to be intituled An act for the restitution of the ancient right and freedome which the people of God in the old Churches had and which the people of England ought to have in to or about the election of their Pastours and abolishing all papal power repugnant to the same For if as it is plainly confessed the people of all Churches have right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowships and by that which was from the beginning to elect their pastours and if also the same right and freedome being left to the old Churches and especially to the Church at Ierusalem by the Apostles have beene taken away by the cursings and fightings of the late Bishops of Rome then cannot the people without violation of those lawes rules and grounds by any Episcopall power be any more excluded from their said right and freedome than could or might the ancient jurisdiction of the Crowne of England have beene still usurped by the pope from the Kings of England ADMONITION But alas the common people of England thorough affection and want of right judgement are more easily wrought by ambitious persons to give their consâ—nt to unworthy men as may appeare in all those officâ—s of gaine or dignitie that at this day remaine in the choise of the multitude ASSERTION The Admonitor in one place of his admonition telleth us that he must not put all that he thinketh in writing and yet he writeth in this place that thing which might far better have been utterly unthought than once written for could he thinke to win the common people of England to a continuall good liking of high and stately prelacie by upbraiding and charging them to their faces in a book dedicated unto them with affection and wanting of right judgement Was this the way to procure grace favour and benevolence at their hands And albeit this slander deserved rather to have beene censured by the Commons in Parliament than by confutation to have beene answered yet for the better clearing of the right judgement of the common people giving their consents to most worthy men in all offices of gaine or dignitie remaining in their hands I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincoln Bristow Exceter Norwich Coventry and other principall Cities and townes corporate Majors Sheriffes Stewards Recorders Bailiffes Chamberlains Bridge-masters Clerkes Swordbearers Knights Burgesses and such like offices some of dignitie some of gaine but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is utterly untrue for onely according to their ancient customes priviledges and Charters by the chief Citizens Townsmen and Borough-masters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Major In other Cities and Townes sometimes eight and forty sometimes fourteene sometimes twelve sometimes only such as have borne office as Majors Sheriffes and Bailiffs in the same places nominate and elect their new Major Sheriffs and Bailiffes But that the Aldermen principall Towns-men Borough-masters and men having born chief offices in those cities towns and boroughs have easily been wrought by ambitious persons to give their consents unto unworthy men though it have pleased the Ll. Bb. with seene and allowed to have spred and published this saying yet that the same saying is wholly unworthy of any credit to bee given unto it or to bee regarded of any wise and indifferent man let the sober and peaceable elections made of the worthies of the land hereafter mentioned be witnesses The officers in Cities and townes corporate chosen with out contention and ambitious working of unworthy men And to leave to speake of the election of the Lord Major of the Citie of London Sheriffs Aldermen Wardens of companies Chamberlains bridge-masters and other annuall officers of honour and dignitie let us consider whether the Citizens of London have beene wrought by ambitious persons to choose M. Wilbraham M. Onslie M. Bromley to be their Recorders â—ll three afterward the Queenes solicitors and M. Bromly Lord Chancellor of England and let us consider whether the same Citizens as men of affection and want of right judgement did elect to be Recorders of the same Citie M. Serjeant Fleetwood Master Serjeant Flemming Master Serjeant Drue and how Master Crooke a man wise learned and religious and a Counseller and justicer within the principâ—litie of Wales The Recorder of the towne of Bedford is the right honourable the Lord S. Iohns of Bletsoe The Recorder of Bristoll was a long time Master Poppam now Lord chief Justice of England The Recorder of Northampton before he came to be Judge in the Kings bench was Master Serjeant Yelverton a favouter of the truth and an upright Justicer The Recorder of Warnick was Master Serjeant Puckering afterward Lord keeper of the great seale And of the same towne the Recorder now is a worthy Knight descended from a noble house Sir Foulke Grevile The Recorder of Coventrie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was M. Serjeant Lewkner now chiefe Justice in the principalitâ—e of Wales The Recorder of Norwich was Master Cooke the Kings Atturney generall And who soever shall enquire after the names and after the manner of election
then meet and convenient that the Bishops with the other Ministers and some of the chiefe of the people should give the partie ordained a testimoniall under their hands or under some authenticall seale to certifie the Kings Officer of the execution of his writt and that the Patron also should present the same person to the Kings officer humbly praying the same officer by authoritie to be derived from the King to cause him by some other writt to be confirmed and really inducted into the possession of the same Church and into the Mansion-house glebe-land and other profits Ecclesiasticall to the same appertaining Oh! but this were a strange kinde of innovation and a dangerous To execute the premisses no dangerous atâ—eÌ„pt attempt to alter lawes setled especially in a setled estate of the Church Well well let my Lords of the Clergie sing this song and pipe this melodie at their pleasure How be it forasmuch as this platforme in some part thereof hath already been agreed upon by divers CoÌ„mittees in Parliament in other some part thereof by laws already setled ought to have been practised and that in other some part therof is an advancemeÌ„t of the Kings authoritie which last part also is lively pourtracted out unto us by presidents from the Archb. B. themselves we shall through the grace of God and favor of the King be able well enough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made unto the King that his Highnes would Petition and intimatioÌ„â—o the King agreeable to lawes setled be pleased to command every Minister to be presented by the Patrone ordained by the Bishop and Ministers and elected by the people and that the King being certified by them of the execution of his writt should upon their Testimoniall by another publike writt cause the Clerke ordained to be confirmed admitted and inducted to the reall possession of the temporalities of the benifice This manner I say of intimation petition testimoniall and admittance in substance and effect differeth but little from the forme of the petition â—â— H. 8. c. nomination election investiture confirmation and consecration of the Archbishops and Bishops of this Realme For whensoever the Church of Canterburie Winton or other Bishops Sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same Sea intimate unto the King their want of a Bishop and doth not the same Deane and Chapiter humbly supplicate his Majesties favour and licence to elect another and doth not the King upon their supplication by Letters Patents under his great Seale favourably grant their petition willing them ut talem eligant in Episcopum Pastorem qui Deo devotus Ecclesia suae necessarius nobisque regno nostro utilis fidelis existat And with the same Letters Patents doth not the King send a letter missive containing the name and commendation of the person to be elected After the election finished doth not the Deane and Chapiter intimate the same also unto the King and humbly againe pray the King to yeeld his Royall assent to the Lord elected Whereupon doth not the King againe direct his Letters Patents of warrant to the Archbishop or some other whom the King shall appoint to performe all things which accustomably are to be done appertaining to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and confirmation being finished and the Bishop having done his homage and sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore unto him the temporalities of the same Bishopricke Yea and may not the Bishop also if it please him procure another writt out of the Chancery directed to his Tenants commanding them to atturne and to take him for their Lord Now then in this platforme whereof mention hath been made touching the placing of a Parochiall Pastor any Parochiall Church with cure of soules being void when it is craved that the people of the same parish might intimate their want unto the Kings officer and that the same officer might command the Patron to present the Ministers to ordaine and the people according to the Kings lawes to assent unto and approve the Clerk what other intent or meaning have wee then that the King hath as ample and as lawfull a power The King hath as large a power to command a Minister to be elected and ordained as a Bishop to be chosen and consecrated to command a Minister to be presented ordained and elected to be a Pastor in a parochiall Church as he hath to command a Bishop to be elected confirmed and consecrated to an Episcopall sea And are we not then merveilously giddy-headed new fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admit the Patrones Clerke in and to the temporalities of a Benefice what other thing is required but that the possession of no Church should be delivered unto any Minister without the Kings publike writt And would not this breed a perillous sturre garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arke should give place bow downe and doe reverence unto the Kings of England seale at armes The Prophets ought to be tried by the prophets Oh! but in this platforme there be other dangerous innovations and alterations not to be attempted Yea And what then be they The Admonitor himselfe in his admonition holdeth Yea Master Bilson and all other supporters of the Hierarchie defended That the Clergie ought to judge of the Clergie and that the Prophets ought to be tryed examined ordained only by the Prophets and that the â—piâ—its of the Prophets are subject to the spirits of the Prophets Wherein the coÌ„sisteth the disagreemeÌ„t variance between us them touching the ordination of a Prophet by Prophets or a Minister by Ministers certes to my understaÌ„ding there is no other matter of dissonancie in this case but even alonely this viz. That he by these words the Spirits of the Prophets are subject to the Prophets intendeth Corinth that the Spirits of many Prophets touching their triall examination and ordination are subject to the spirit of one Prophet and that therefore one Prophet by his owne spirit may trie examine and ordaine many Prophets Whereas on the other side we affirme that one Prophet according to this rule of our holy faith Whether the spirits of many Prophets subject to one or of one â—o many is to speake and the other Prophets are to judge and that no one Prophet may tâ—ie examine or ordaine many Prophets Because from this place we gather that the spirits of many Prophets in the ordinary course of the ministerie of the Word were never subjected in this case to the
written of the common law is reported hath beene in times passed presented and punished in leets and law-dayes in divers parts of the Realme by the name of Letherwhyte which is as the booke saith an ancient Saxon terme And the Lord of the Leet where it hath beene presented hath ever had a fine for the same offence By the statute of those that be borne beyond the seas it appeareth that the King hath cognizance 25. Ed 3. of some bastardy And now in most cases of bastardie if not in all by the statute of Eliz. the reputed father of a bastard borne is lyable to be punished at the discretion of the justices of peace Touching perjurie if a man lose his action by a false verdict in plea Perjurie if punishable temporally in some cases why not in all of land he shall have an attaint in the Kings Court to punish the perjurie and to reforme the falsitie And by divers statutes it appeareth that the Kings temporall Officers may punish perjurie committed in the Kings temporall Courts And though it be true that such perjury as hath risen upon causes reputed spirituall have beene in times past punished only by Ecclesiastical power and censures of the Church yet hereupon it followeth not that the perjurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civily punished By a statute of Westminster 25. Edw. 3. it was accorded that the Vsurie King and his heires shall have the cognizance of the usurers dead and that the Ordinaries have cognizance of usurers on life to make compulsion by censures of the Church for sinne and to make restitution of the usuries taken against the lawes of holy Church And by another statute it is provided that usuries shall not turne against any being â—0 h. 3. â— 5. within age after the time of the death of his Ancestor untill his full age But the usurie with the principall debt which was before the death of his ancestor did remaine and turne against the heire And because all usurie being forbidden by the law of God is sinne and detestable it was enacted that all usurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that every such offender shall also bee punished and corrected according to the Ecclesiasticall lawes before that time made against usurie By all which statutes it seemeth that the cognizance and reformation of usurie by the lawes of the Realme pertaineth onely to the King unlesse the King by his Law permit the Church to correct the same by the censures of the Church as a sin committed against the holy law of God Touching heresies and schismes albeit the Bishops by their Episcopall and ordinarie spirituall power grounded upon Canon law or an evill custome have used by definitive sentence pronounced in their Consistories to condemn men for heretikes and schismatikes and heresies schismes are punishable by the kings laws afterward being condemned to deliver them to the secular power to suffer the paines of death as though the king being custos utriusque tabulae had not power by his kingly office to inquire of heresie to condemn an heretike and to put him to death unlesse he were first condemned and delivered into his hands by their spirituall power although this hath been I say the use in England yet by the statutes of Richard the second and Henry the fifth it was lawfull for the Kings Judges and Justices to enquire of heresies and Lollards in Leets Sheriffs 25. h. 5. c. 14. turnes and in Law dayes and also in Sessions of the peace Yea the King by the common law of the Realme revived by an act of Parliament which before the Statute of Henry the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of England the king by the Lawes of the Realme and by his Supreme and 1 Eliz c. 1. Soveraigne power with his parliament may correct redresse and reforme all such defaults and enormities Yea further the king and his 1 Eliz. c. 1. parliament with consent of the Clergie in their Convocation hath power to determine what is heresie and what is not heresie If then it might please the king to have it enacted by parliament that they which opiniatively and obstinately hold defend and publish any opinions which according to an Act of Parliament already made have beene or may be ordered or adjudged to bee heresies should bee heretikes If it please the King heretikes may be adjudged felons and heresies felonies and felons and their heresies to be felonies and that the same heretiks and felons for the same their heresies and felonies being arraigned convicted and adjudged by the course of the common law as other felons are should for the same their heresies and felonies suffer the paines of death there is no doubt but the King by vertue of his Soveraigne and Regall Lawes might powerfully enough reforme heresies without any such ceremoniall forme papall observance or superstitious solemnitie as by the order of the Canon Law pretended to bee still in force have beene accustomed And as these offences before mentioned bee punishable partly by temporall and partly by Ecclesiasticall authoritie so drunkennesse absence from divine service and prayer fighting quarrelling and brawling in Church and Churchyard defamatorie words and libels violent laying on oâ— hands upon a Clarke c. may not onely bee handled and punished in a court ecclesiasticall but they may also be handled and punished by the King in his temporall courts By all which it is evident that the Clergie hath had the correction of these crimes rather by a The cognizance of all crimes as well as of some crimes â—â— the law of God belong to the King custome and by sufferance of Princes than for that they be meere spirituall or that they had authoritie by the immediate law of God And if all these as well as some of these crimes by sufferance of Princes and by a custome may be handled and punished spiritually then also if it please the King may all these as well as some of these crimes without a custome be handled and punished temporally For by custome and sufferance only some of these crimes be exempted from the cognizance of the King and therefore by the immediate law of God the cognizance as well of all as of some oâ— these crimes properly appertaineth unto the King And then the judgement of those men who defend judgements of adulterie slander c. to be more temporall and by the temporall Magistrate only to be dealt in seemeth every way to be a sincere and sound judgment Howbeit they doe not hereby intend that the party offending in any of these things and by the Kings law punishable should therefore wholly bee exempted and freed
from all censures of the Church Nay we judge it most requisite and necessarie for the bringing the No offender freed from the censures of the Church partie which offendeth to repentance and amendment of life if presently upon sentence of death he be not executed that besides his temporall punishment the censures of the Church according to the qualitie of the offence may be used and executed against him yea and we thinke that the King by the holy law of God is bound by his regall power to command the Church duly and rightly to use the same censures not only against every adulterer defamer usurer c. but also against every thiefe every manslayer every traitor and every other offender For not only sinnes reputed with us Ecclesiasticall but all sins of what kind soever ought to be repented of and consequently against all sins the Ecclesiasticall censures ought to bee used And by whom should the same be exercised but by the Church Why then belike where an offender is punished in the Kings Court he shall againe be punished in the Ecclesiasticall Court and so for one offence be twise punished which were unreasonable To this we answer that it is not against reason that one man for one fault should be punished both temporally and spiritually First he consisteth For a man to be punished â—wiâ—e for one â—ault â—n two reâ—â—ect is 〈…〉 of two parts viz. of a body and of a soul in both which parts he hath offended Secondly he hath offended against two lawes the law of God and the law of the King For the execution of which two lawes there be two kinds of officers of two severall natures the king for the one law and the officers of the Church for the other law and both these kindes of officers have power given them immediately from God to execute the one Kingly and temporall the other pastorall and spirituall power And therefore we say it standeth with great reason that the soule causing the body to sinne should no more escape that punishment which is appointed for the soule by the law of God than the bodie should escape that punishment which is appointed for the body by the law of the King why then the officers of the Church may meddle with matters appertaining to the Kings law and what an indignitie to the King were that To this we answer that the officers of the Church in a several respect and to a several end dealing in one and the selfe same matter wherein the king dealeth may no more bee charged with dealing in matters appertaining to the Crowne by the exercise of their spirituall sword than can the King be charged with medling in the same matters to meddle with matters pertaining to the soule by the exercise of his temporall sword So that the spirituall power of the officers of our Saviour Christ which consisteth only in binding and loosing of the souls of men can not possibly by any reason or good intendment be construed now to be any more prejudiciall to the Kings prerogative or contrariant to the lawes of the Realme than it hath beene heretofore Because usurie incontinency and divers other crimes Ecclesiasticall have not beene punished only by Ecclesiasticall correction but also by corporall paine And therfore to take away this frivolous objection we instantly pray that the lawes of the Realme may still keepe their due and ordinarie course and that the Kings Scepter may retaine that ancient and Royall estimation which belongeth unto it and that it may be ordered by an irrecoverable law as followeth Potestas jurisdictio actionum quarumcunque civilium punitio castigatio externa omnium maleficiorum quâ—rumcunque famam facultates seu personas tangentium non penes Pastores Seniores Ecclesiae sed penes unum solumque Principem civilem Magistratum sunto quicunque iis non acquieverunt capâ—tali poena puniunto Whereupon falleth to the ground that cavillous and odious slander following in the Admonition viz. that the lawes maintaining the Queenes Supremacie in governing of the Church and her prerogative in matters Ecclesiasticall as well Elections as others must be also abrogated The contrary whereof being avouched throughout this whole assertion it shall be needlesse to spend any time in the refutation of so grosse an untruth ADMONITION Thos lawes likewâ—se must be taken away whereby impropriations and patronages stand as mens lawfull possession and heritage ASSERTION By a statute 15. R. 2. c. 6. because divers dammages and diseases oftentimes had hapned and daily did happen to the parochians of divers places by the appropriation of benefices of the same places it was agreed and assented that in every licence from thenceforth to bee made in the Chancerie of appropriation of any parish Church it should be expresly contained and comprised that the Diocesan of the place upon the appropriation of such Churches should ordaine according to the value of such Churches a convenient summe of money to be paid and distributed yearely of the fruits and profits of the same Churches by those that shall have the same Churches in proper use and by their successors to the poore parochians of the same Churches in aid of their living and sustentation for ever and also that the Vicar be well and sufficiently endowed By which statute it appeareth that every impropriation ought to be made by licence out of the Chancerie that it ought to be made to the use of Ecclesiasticall persons only and not to the use of temporall persons or patrons Now then all such parish Churches as without licence of the king in his Chancery have beene appropried to any Ecclesiasticall person and againe all such parish Churches as by licence of the King in his Chancerie have beene appropried to the use of lay persons they are not to be accompted mens lawfull possessions and heritages Besides this as many impropriations as whereupon the Diocesan of the place hath not ordained according to the value of such Churches a convenient summe of money to be paid and distributed yearly of the fruits of the same Churches c. to the poore Parochians of the same Churches in aid of their living and sustentation for ever yea and every Church also appropried as whereunto a perpetuall Vicar is not ordained canonically to be instituted and inducted in the same and which is not convenably endowed to doe divine service and to inform the people and to keepe hospitalitie there all and every such Church and Churches I say otherwise than thus appropried by the law of the Realme as it seemeth are not mens lawfull possessions and inheritances For by a Statute of king Henry the fourth every Church after the fifteene yeare of king Richard the second appropried by licence of the king against the forme of the said Statute of Rich. 2. if the same were not dulie reformed after the effect of the same statute within a certaine time appointed then the same appropriation and licence thereof made
presently the parish Church of Hadenham only excepted was adjudged to be void and utterly repealed and adnulled for ever And therefore I leave it to the inquisition of our Soveraigne Lord the King whether the impropriation of the parish Church of Belgrave in the Countie of Leicâ—ster whereunto two Chappels are annexed and other Churches appropried to the Bishop of Liecester since the statutes of Richard the second and Henry the fourth bee the lawfull or unlawfull possession and heritage of the same Bishop yea or no And if it bee lawfully appropried and so a lawfull possession and heritage then I leave it againe to the inquisition of the King what summe of money out of the fruits of the same Church ought yearely to bee distributed to the poore parochians what the endowment of a Uicar canonically to be instituted and inducted in the same Church should bee what house is appointed for the same Vicar to keepe his hospitalitie in and whether any Vicar for the space of these many yeares passed hath beene canonically instituted and inducted in the same Church to possesse that endowment to inhabit that same house and to inform that people For if by the appropriation it self or by the abuse thereof the poore parochians have beene defrauded of their yearely distribution or if no Vicars have beene Canonically instituted and inducted in the same or if being inducted they have their endowments so small or so covetously kept back from them as that they cannot sufficiently maintaine themselves much lesse keepe hospitalitie then as the Admonitor confesseth there must needs be a lamentable abuse of impropriations and that therefore it is greatly to be wished that by some good statute it might be remedied And as those Churches which are unlawfully appropried are not the lawfull possession and heritage of the proprietaries so on the other side we affirme that those impropriations which were made and reformed according to the statutes of Ric. 2. and Hen. 4. may well stand as mens lawfull possessions and heritages even with those things which are required to be planted and brought into the Church whatsoever the Admonitor hath written to the contrary For we doe not hold that maintenance must only and necessarily be provided for every Minister by the paiment of tyths oblations and other ecclesiastical profits belonging to Churches appropried or disappropried For there being no direct proof to be made out of the law of God that Ministers of the Gospell must only live upon tythes the King and parliament may well and competently enough appoint convenable endowments for every Minister without disapproprying of any Church appropried And therefore little cause had the Admonitor to insinuate the ruine of impropriations upon the bringing in the discipline of our Saviour Christ because the same may be well planted and yet to other not unplanted But what need we to argue against his insinuation considerâ—ng hee himselfe before he came to the end of this page by his owne idisclaime contradicted his insinuation For if the forme of finding Ministers by tythes must with the canon law as he saith be abolished and if there must be some other order for this devised because this may seeme papisticall and antichristian what should any man feare the taking away of those lawes whereby impropriations do stand For if such as heretofore have spoken or written against them because as he insinuateth the forme of finding Ministers by tythes seemed to be unlawfully taken away and as he would also insinuate by their judgement ought againe to bee restored and not to stand any longer as mens lawfull possessions and heritages How I say doth it follow that they which desire impropriations to be restored to their pristinate state should withall enquire to have the finding of Ministers by Tythes to bee abolished It seemeth therefore that the Admonitor so hee might bee talking passed but a little what hee talked For what a double talke is here or to what purpose was this talke Was it because some men doe thinke that the Ministers ought not to receive tythes for their reliefe and paines in the Ministerie Why then let all men know that we disclaime such some mens opinions For we account all things pertaining to this life directly or by consequence not commanded nor prohibited by the holy and sacred Scriptures to be things indifferent and that therefore we may use them or not use them as the commoditie or incommoditie of the Church shall require And therefore as we doe not affirme that the maintenance of the Ministers must onely and necessarily bee levied out of tythes oblations and such like so also wee doe not deny but that the tenth part of the increase of all our goods by the authoritie of the King and his lawes may be alloted for their possession and heritage especially in our countrey the same manner of payment being so ancient and so agreeable to the manners usages and disposition of our state and people Nay since the payment of tythes for service accomplished in the spirituall Sanctuarie is correspendent in the nature thereof to the equitie of the Law of Moses for the Levites attendance about the earthly Tabernacle and since also wee bee bound by the commandement of the Apostle to make him that teacheth us in the word to be partaker of all our goods I see not so Jewish and popish ceremonie and superstition be avoided but that this duetie may as Christianly be performed by the payment of the tenth part of the increase of our corne hay wooll lambe c. as by the eight twelfth twentieth or any other part of our money and coine By payment also of which tithes the Ministers at every season with every kinde of necessarie provision towards hospitalitie might throughly be furnished which many times they shall want by reason of mens backwardnesse when collections of monie are to be made But to speake no more of this matter of tithes we will return to the objection made against the Apostolicall government drawn from taking away impropriations And herein we will not handle whether the lawes whereby impropriations do stand as mens lawfull possession and heritage must as hee saith bee taken away but whether impropriations now divided from the Ministerie and dispersed into many severall mens hands and imployed to many uses in the Common weal may not in tract of time by some wholesome law be reduced either wholly or in part to be the only lawfull possessions and inheritances for the Ministers of the Gospell yea and that without any prejudice or dammage unto Prince or people It is evident in the eyes of all that the Churches now appropried doe stand and remaine as the lawfull possessions and inheritances either of the King or of the Nobles or of the Knights Equires Gentlemen and other temporall persons or of Archbishops Bishops Archdeacons Deanes Prebendaries and other Ecclesiasticall persons or of the Vniversities of the Colledges in the Vniversities of Collegiate and Cathedrall Churches of Schools Hospitals
law that all and every impropried Church and Churches with their glebes tythes and other fruits after the determination of the leases now in being should bee demised and set to farme onely to the incumbent Ministers of the same Churches for terme of their naturall lives if so long they did continue resiant and faithfully preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacraments by publike authoritie now established in the Church of England And because by likelihood the Vicars will not be able to pay fynes or incomes unto the Colledges Hospitals and other places and because also it seemeth reasonable that the Colledges Hospitalls and other places by some other meanes should be recompenced wee leave it againe to be considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeeld in money corn or other provision to the double or treble value of the ancient and unimproved rents For men experienced in these affaires of this life know that the profits arising out of Churches appropried unto the farmours thereof are commonly six eight or ten times more worth by just estimation than are the old rents payable unto Colledges Hospitalls and other like places And thus wee see how together with the bringing in of these things which are required to bee planted in the Church impropriations may stand as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the use and provision of the Ministers whatsoever hath beene insinuated by the Admonitor to the contrary And yet doe I not in any of these things or of any other thing first or last spoken or to be spoken desire mine owne advice and judgement so to be respected as though I should arrogate unto my selfe more knowledge than all others which labour in the cause of reformation but onely I submit these my private meditations with their reasons to the censures of all wise godly and learned men Humbly praying them so to bestirre their owne wits and so to bestow their owne cunning and learning that a better and more easier way by their ingenuousnesse may be found out and procured to take place And in the meane season that these motions tendered to their views may not altogether be neglected but duely weyed and considered Especially for that I have not tendered any other thing to be performed by any of these meanes unto any other than such as whereunto I my selfe to my power yea and beyond my power as far as in me lyeth shall be ready to yeeld And howsoever the Bishops and other great Clergie Masters with their stately favourites may pretend some part of this device to bee an hinderance of learning and other some part not to be for the Kings profit yet to the first we answer briefly that learning is not so much furthered by a few great rewards provided for a few great learned men as it is by many good rewards appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kings profit we affirme that it is not only most profitable but also most honourable for the King to have a multitude of loyall vertuous and godly subjects And that such manner of subjects can by no meanes better bee procured than by a continuall preaching Ministerie of the Word to be planted in every parish of the Kings Realmes And because no man better knoweth the recyprocall duties betweene a Christian King and Christian Councellers we leave the discerning of the spirits of these profit preachers to the tryall and judgement of the most Christian King whom if hee shall finde either by flatterie to fawne upon the Kings profit or by labouring to keepe the King in a good opinion of things amisse wee most humbly beseech the King to accept them and reward them for such as could wish in their hearts the king should rather bee impoverished by having many bad and unprofitable subjects than that themselves would not be inriched by enjoying many good and profitable impropriations As for the Lawes whereby patronages do stand 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 patrons bee altered without their dammage if God permit when we come to speak of the clections of Ministers wherein the reformers are charged with the burling and thrusting out of Patrons shall be declared ADMONITION The Lawes of England to this day have stood by the authoritie of the three estates which to alter now by leaving out the one may happily seeme a matter of more weight than all men doe judge it ASSERTION Not to stand upon termes with the Admonitor that the lawes usually called the common lawes of the land being meere customarie lawes did never yet stand by the authoritie of the three estates I will The bringing in of the discipline by pastours and elders is not the leaving out of parliament any one of the three estates take his meaning to bee that the statute lawes of England to this day have stood by authoritie of the three estates which to alter now by leaving out the one c. and then hereunto I answer that not any one of the three estates should be left out or barred from having authoritie in making and promulging statute lawes though the government of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this manner of government to be planted are so farre from exempting or excluding any one of the three estates from their ancient power priviledge and preeminence in the making of statute lawes as that wee pronounce him to be 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 only wholly and altogether to the three estates as well to roote out and to pull up whatsoever government is not justifiable by the holy law of God as also to plant and to settle whatsoever discipline is warrantable by the same law And to speak as the thing is how were it possible to have the discipline by Pastors and 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 ever consent to the bringing in of such a government of the Church as whereby the same governement being once brought in the same estate should ever after wards cease to be any more an estate Besides we acknowledge that all powers are of God and therefore every one of the three estetes being a power we grant that the same hath his stateship by the authoritie of God And if all the three estates be lawfull by the holy law of God how can it bee verified
distinction of the seaventie Disciples from the rest And lastly against the cursing and fighting of the late Bishops of Rome till excluding both 359. Prince and people from yeelding his consent or making their request they had reduced the election wholly to the clergie hee telleth them by 339. their leave it was not so from the beginning From all which sayings of Master Bilson I conclude thus Whatsoever is right lawfull and free by the law of God whatsoever standeth upon the grounds of reason and nature whatsoever is derived from christian equitie and societie whatsoever is from the beginning and was left by the Apostles to the church at Ierusalem â—he same ought still to remain and must be kept inviolable in the church But the peoples interest to choose their Pastor is right is lawfull is free by the law of God standeth upon the grounds of reason and nature is derived from Christian equitie and societie is from the beginning and was left by the Apostles to the Church at Ierusalem Therefore the pe oples interest to choose their Pastour ought still to remaine and must be kept inviolable in the Church The whole proposition and every part thereof together with the assumpt and every part thereof is drawne from M. Bilsons owne confession Only to the proposition hee hath annexed certaine conditions or exceptions viz. Vnlesse by law custome or consent the people have restrained themselves or transferred or altered their right or else by their default or abuse the canons councels superiour powers princely or publike lawes have abridged altered or abrogated the same Now then it remaineth to know whether any consent default abuse custome canons councels superiour powers publike or princely edicts may be a good and sure warrant to abridge transferre or abrogate the peoples interest from having to do in the choice of their Pastours Our Saviour Christ when he came in the flesh he came to reforme the abuse crept in of the Law and to improve the corruptions of doctrine taught by the Scribes Pharisees and Doctors of the Law but hee tooke not away any least tittle of the Law ne abolish any jot of true and sound doctrine in the Church The Gospell teacheth us to order our judgements aright to bridle the unrulinesse of our affections and to moderate our inordinate appetities But yet doth not the same command us to empty our soules of all judgement to bury our affections in our bellies and to become as dead as stones without all Canons and Councels c may bridle disoâ—dered elections but not disannul elections of the people altogether sense or appetite In like sort we grant that custome consent Canons Councels Superiour powers publike and princely lawes may reâ—orme reprove restraine direct moderate and bridle the disordered unrulinesse and contentious brawlings of the people in and about their elections yea and we grant further that they may alter abridge or enlarge the forme and manner of elections All this we grant but that Christian Kings or any superiour powers may take this right into their owne hands as hee saith from the people or that the people by any law custome consent canon or councell may transferre or abolite their right fâ—eedome and interest given and deduced unto them â—y these rules and by these grounds I doe not yet perceive any good ground oâ— reason for the same For in so doing how should the holy wisedome and providence of God who hath imprinted in our nature these rules and these grounds this equitie and this freedome be so holily regarded and so highly reverenced as it ought to be For hath he made us freemen and can we without contempt of this grace become bondmen And albeit in some cases that may be well said quod volenti non fit injuria and that quilibet potest recedere a suo jure yet the cases must be such as a mans willingnesse and reâ—dinesse to forgoe his right be not tyed to him with so strong a band as is the band of the grounds of reason and nature of the rules of Christian equitie and of the freedome of the law of God It is free I grant for a man to eate or not to eate to drinke or not to drinke but for a man not to eate at all or not to drinke at all and so with hunger and thurst to sterve himselfe is not free and in this case volenti fiâ— injuria Every man that hath a wife that hath sonnes and daughters that hath men-servants and maid servants as by the very instinct of nature and by the equity of the Law of Christ he hath freedome to provide for them so must he carefully use this his freedome And therefore hee may not wholly and altogether put â—rom himselfe and expose at hap hazard the provision education instruction dieting apparelling and lodging of his wife his sonnes his daughters and his servants unto strangers neither may husbands fathers nor masters give their consent to the making of any law or the bringing in of any custome whereby their freedomes should be restrained adnihiled or made void in this behalfe For by thus violating the rules and grounds and by thus treading as it were under foot the equitie of Christ and the freedome they have by the law of God should they not most profainely and impiously despite God and as it were overturne the whole order he hath set in nature And if the people may not cast off these rules and these grounds this equitie and this freedome in things appertaining to the frail bodily transitorie and earthly life how much lesse may they cast them off or set little by them in things appertaining to the salvation of their soules and to a durable spirituall everlasting and heavenly life But the peoples right to choose their Bishops did never depend Objection that the peoples right did never depend upon thâ— expresse commandement of God upon the expresse commandement of God neither can the people challenge by Gods law the right to choose their Bishops I meane saith he no such thing is expressed and contained in the Scriptures What then if it doe depend or bee contained under the generall grounds and rules of reason nature christian equitie christian societie principles of humane fellowships the law of God the practice of the Apostles and that which was from the beginning Is it not sufficient Though it be not expressed in these termes viz. That the people must choose or that the people have right to choose their bishops it is not expressed and contained in the Scriptures that every man must choose his owne wife or that every woman must choose her owne husband And yet by the doctrine expressed or contained in the Scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that every man hath right to choose his owne wife and everie woman right to choose her owne husband Againe it is not expressed
trouble and expence yea and with greater priviledge than he did before Thus therefore touching the office and person of the King the duetie of the Presbyterie and people the right of the Patron and the person of the Minister to be ordained thus and thus we say and thus and thus as we think may our sayings well stand with lawes setled By an act primo Eliz. c. 1. the King hath full power and authoritie by Letters Patents under the Great Seale of England when and as often as need shall require as he shall thinke meete and convenient and for such and so long time as shall please his Highnesse to assigne name and authorize such person or persons being naturall borne subjects as his Majestie shall thinke meet to exercise use occupie and execute under his Highnesse all manner of jurisdictions priviledges and preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall jurisdiction within this Realme of England Againe by the booke of ordeyning Bishops Priests and Deacons it is prescribed that the Bishops with their The Bb. and Priests must lay on their hands Priests shall lay their hands severally upon the heads of every one that receiveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficiently instructed in the holy Scriptures a man meet to exercise his ministerie duely that he must be called tried and examined that he must be presented by the Archdeacon and be made openly in the face of the Church with prayer to God and exhortation to the people And in a statute made 21. of King Hen. 8. it is affirmed That a Bishop The Bishops must use six Chapleins at giving of orders must have sixe Chaplaines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remaine unto this day distributed into certaine Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie unlesse by Every Archdeacon divided into Deanries consent some other be chosen by the Ministers themselves hath the first place and is the chiefe director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbyter or Decanus curalis according to the appellation of the chief Minister of the mother or chief Church of that Diocesse who is called Archipresbiter or Decanus cathedralis so that unto this day these Ministers meeting at the Archdeacons visitations once in a yeere at the least there remaineth in the in the Church of England a certaine image or shadow of the true ancient and Apostolicall conference and meetings Wherefore from these lawes and from this ancient manner of the meetings of Ministers and of having one principal and chief Moderator amongst them according to the Apostolicall practice and usage of the primitive Church thus already setled in the Church of England wee humbly leave it to be considered by the Kings Majestie First whether it were not meet and convenient for his Highnes by his letters patentes under the great Seale of England to assigne A Minister to be ordained by the Bishops and a â—ompany of Ministeâ—s at the Kings commandement name and authorize the Bishops and six or moe Ministers within every Deanerie continually resiant upon their benefices and diligently teaching in their charge to use and execute all manner of jurisdiction priviledge and preheminence concerning any spirituall ordination election or institution of Ministers to be placed in the Parochiall Churches or other places with cure of soules within Secondly when any Parish Church or other place with cure of soules shall be voide whether it were not meet and convenient that the auncients and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie unto Vacancie of a benefice to be intimated tâ— the Kingâ— office the office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie from the King might command in the Kings name the Bishop and other Ministers to elect and ordaine and the people of the same place to approve and allow of some able and godly person to succeede in the Church Thirdly the Patrone if the same be a common and lay person A Lay patrone insteed of varying his Clerk may present two Clerks at one time having now libertie to vary his Clerk if he be â—ound unable whether it were not meet and convenient to avoide all manner of varying that within the time perâ—â—xed hee should nominate at one time two Clerks to bee taken out of the Uniâ—ersities or other Schooles and Nurseries of the Prophets and that the same nomination be made unto the Bishop and the said sixe Ministers to the end that both the Clerkes being tried and examined by them the abler of the two might be preferred to that charge And of this manner of presenting two Clerkes by the Patrone we have a president not much unlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to have a Suffragane hath libertie to name and present unto the King two honest and discreet Spirituall Persons c. that the King may give to one such of the said two Spirituall Persons as shall please his Majestie the title name stile and dignitie of a Suffragane Fourthly the Bishops and Presbyters having thus upon triall and A Minister found able for gifâ—s is to be sent to the parish that his life may be examined and to have the consent of the people examination found one of the Patrones Clerks to be a fit and able man to take upon him the executioÌ„ of the Ministery in that Church whether it were not then meet and convenient that by them he should forthwith be sent to the same Church as well to acquaint the people with their judgement and approbation of his gifts and abilitie to teach as also that for a time he should converse and abide amongst them to the end his life manners and behaviour might be seen into and enquired after by their carefull endeavours Fiftly the people within a time to be perfixed not making and proving before the Magistrate any just exception against his life A man allowed for gifts and Conversation is to be ordained with prayer fasting and laying on of hands A Minister to be inducted into thâ— Church bâ— the Kinâ—â— Writ manners and conversations whether it were not then meete and convenient that the Bishop with sixe â—ther Ministers or moe of the same Deanrie authorized by the King as aforesaid under some paine and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of hands to ordaine and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these things being thus finished whether it were not
spirit of one Prophet But in this platforme there is no mention made of the King if hee be patrone neither is there any institution spoken of and then how can any action of quare impedit be brought to try the right if two Patrons pretend title to the Patronage bâ—sides the Patron by this platforme must fetch his Clerks only from the Universities Schooles of learning and Nurseries of the Ministerie whereas now hee hath libertie to present any Clerke wheresoever or howsoever ordained Againe strife and contention may arise in the Presbyter between the Bishops and the Ministers themselves appointed to be examiners and ordainers which of the two Clerks nominated by the Patron is most worthy to be preferred If both the Patrons Clerks for non-abilities or criminousnes be refused who shal then nominate and to whom shall the election devolve And lastly what if the B. Presbyter shall disallow one for unabilite which indeed is notwithstanding of abilitie to teach to all these difficulties thus we answer If the Kings Majestie be Patrone to any benefice with cure of soules because we judge and confesse him to be a King endowed Touching the Kings patronage with a rare and singular spirit of zeal for the glory of our God with an excellent spirit of love for the salvation oâ— the soules of his subjects to be the Nehemiah of our age sent unto us from above for the building of the walls reedifying of the ports of the House of God which were broken down devoured we for our parts doubt nothing at all nay rather we most certainly perswade our selves his Highnesse having once beene pleaseâ— to prescribe all wholesome and commendable Lawes unto his peopâ—e will also vouchsâ—fâ— much more to prescribe lawes yea and to be a Law uâ—to himselfe And that his Majestie will set this businesse of the Lords house so neare unto his Kingly and Christian heart by the planting of able Ministers in H. de ley fidei 3 l. ex imperfecto all the Churches of his Highnes Patronage a that all other Patrons by his godly example will be excited reaâ—â—ily to walke in the Kings path to weare the Kings colours and to become the Kiâ—gs chief favourers in this so holy a worke And therefore touching the Kings Patronages cum Magistas imperatoria lâ—gibu essesâ—luta videatur we commend them wholly to the Kings most Christian care providence and fiâ—elitie The Bishops institution and writ of Quare impedit wee grant The Bb. institution may cease must cease but in place of institution the election and ordination by the Presbiterie succeedeth and the Clerke nominated by the Patron elected and ordained by the Presbyterie shall have idem jus ad Ecclesiam in Ecclesia which in former times the Clerk presented by the Patron and instituted by the bishop was wont to have If any suit in law happen for the right of Patronage between two or moe Patrons pretending title to the gift of one benefice It seemeth If suit fall out between two patrons what then may bee done that this gift might have far easier and more speedy way of triall by some other writ than â—y the writ of quare impedit for upon this writ many times by negligence or unskilfulnesse of the Atturnies it falleth out that one of the parties is driven sometimes to sit down by great losse and not to have his title tryed at all only for wanâ— of some ceremoniall form noâ— observed in the pleadings of the cause And therefore both Patrons within the time to be limited by the kings writ having nominated their Clerks to the Presbytere as hertofore they presented to the B. we leave it to be considered whether it were not meet and convenient that the Presbyterie should wholly defend â—he election and ordination of either their Clerks untill the right of patronage were finally adjuâ—geâ— before the K. Justices at the common Law upon which judgement passed they might then without scruple or impediment proceed to the full election ordination of that patrons Clerk for whom the judgment was given By which manner of tryall if the action might bee brought in the name of patron against patron the Clerkes should not only bee freed from much obloquie whereunto they are now subject by prosecution of suits at law one Clerke against another but also they should be exempted from all expence labour and turmoile with which heretofore they have incumbred themselves to the hinderance of their studies and decay of their estates by pursuing the Patrons title at their owne charge Neither might the occasion of suit about the right of patronage be any let or hinderance that the Church in the meane time should be left as a Widow destitute of an husband For any one of the Clerkes nominated by either of the patrons might be appointed by the presbyterie to preach the Word and publikely to pray untill the controversie were ended And out of the fruits also of the same Church remaining in the custodie of one of the patrons or sequestred by the king to the use of the next incumbent he might have such allowance as were requisite for the time of his continuance in that place And for the Sacraments if any were of necessitie to bee administred some other Minister neare adjoyning might be provided to administer the same as in many places it hath been and is now daily used in like cases of vacancie That the Patron should be curbed with too hard a bridle as being barred to fetch his Clerks from any other place than from the The curbing of a patron with too hard a bridle answered Vniversities or other Schools and nurceries of learning is a matter if it be well weighed of lesse importance than the Admonitor would insinuate the same to be First it is not of necessitie required that all patrons should at all times fetch all their Clerkes from those places and not from elsewhere For many times it may happen upon just cause for the benefit of the Church that a Clerk already ordained and placed in one Church may be removed from the same to another But only the meaning is according to the Lawes and canons alreadie setled that the greatest part of the patrons Clerks must of necessitie be called thence because they can not elsewhere be had Now then whereas the law intendeth every Church to be a wife and to have an husband to be a bodie and to have an head the law as a parent unto the Church hath provided untill she be widow indeed that no husband be provided for her And therefore by sundry â—â— de prebend c. tuis l. 6. de prebend fi Episcopus as well ancient Decrees as by Canons of Discipline made and published by the Bishops 1571. it is decreed and confirmed That the Bishop shall lay his hands on none or at any other time but when it shall chance some place of ministration is voide in the same Dioces
in knowledge and in spirituall worke-manship many Bezaliels and many Aholiabs spiritually to carve grave and imbroyder the Lords spirituall Temple The perfection therefore after which we long and the change of the Clergie whereof we intreate is but such a perfection and such a change as good meanes for the restitution of impropriations being used may easily be attained and well made For the perfection required by us to be in a Minister What perfection of a Minister is required by this platforme is none other than such as the holy Law of God and the Lawes Canons and Injunctions already setled doe require viz. that every Minister to whom cure of soules is committed with some competent knowledge according to the measure of the grace of the gift of Christ be able to teach to exhorâ— and reprove the people yea and to convince the gainesayers if any should arise among them From whence also springeth the change intended by us viz. that in the Churches of all Ministers unable to teach c. There might bee a change of Ministers able to teach c. Wherefore if the Admonitor meant otherwise then wee intend and if upon placing a learned and discreet Minister in every Parish he should not intend the change of the High â—nd Papall state of Prelacy then either is not his answer pertinent to the question or else it must necessarily follow from his intendment that the high and Papall state of Prelacy and Prelacy a learned Ministery cannot stand together the placing of a learned and discreet Minister in every Parish are like unto Coleworts planted among Vines or unto Parsly sowed among Bishoppes Weed which will never spring grow and prosper together Because the rising of such a Learned Ministery must bee the fall ruine and breake-necke of Prelacy And this followeth inevitable upon his owne reason drawne from the taking away of the great rewards of learning by the change of the Clergy For the great rewards of learning whereof he speaketh must of necessitie be the Prelacies viz. Arbishoprickes Bishoprickes Deanries Archdeaconries Prebendaries Canonries Chanterships Commendames non Residencies and Pluralities And then let us observe whether in effect he hath not reasoned thus If prelacies being the great reward of learning should nor stand and not be changed there is no man able to devise how a learned and discreet Minister may be placed in every parish but if prelacies the great rewards of learning may once be changed and not stand then were it possible to have it devised that a learned and discreet Minister might be placed in every parish And then hath he not profoundly and learnedly disputed when he hath preferred the Damsell before her Dame and the maid before her Mistresse When hee hath advanced a great deale oâ— learning in one before a great deale of learning in many and learning in some places before learning in all places lastly when by continuance and furtherance of the great rewards of learning he â—ath greatly hindered and discontinued learnednesse and greatly furthered and continued uâ— learneâ—nesse For if Prelacies were no hiâ—deranceâ— but only furtherances of discreet and learned Ministers and againe if prelacies were no furtherances but only hinderances â—f unlearned and undiscreet Ministers to be had in every parish thâ—n might the rewards of learning still remaine that men should not be diâ—couraged to send their sonnes to the studie of good learning For generally men be not so much incouraged to set their sonnes to learning where a few great rewardes Men are more encouraged to learning where many good rewards than where few great rewards are provided of learning are provided for a few men greatly learned as where many good rewards of learning are provided for many good learned mâ—n Aâ—d to speake as experience teacheth us and as the truth is what one father among twenty will dedicate his sonne to learning if men as the case now standeth under prelacie not brought up at the feet of Gamaliel but at the feet of some swash-buckâ—er not taught from any Doctors chaire but schooled upon some crafts man stooâ—e when men who can but reade and cannot preach may be Ministers and capable of the fattest benefice within a whole Countie In the Common-weale if there bee many places of honour profit and dignitie for such oâ—ly as have valiantly served the King in his wars or carefully attended upon him in the Court then will many fathers incite and incourage their sonnes to prepare and furnish themselves to the warres and to the Court But if all mens sons in the Camp and in the Court bee capable of entertainments alike if as well a labourers sonne following the Cart as a noble mans son a waiter in Court may be the Kings Lord Chamberlaine in time of peace and if as well a Carpet Knight as a valiant warriour may be Lord generall in time of warre would any father for many yeares together costly and gorgeously brave his sonne at Court or would any father adventurously and dangerously hazard his son in the field Again fathers doe not therefore send their sons to be students at the Innes of Court or to be apprentises in the City of London only in regard that they may bee all great Citizens and all great rich men and all great Lawyers and all Judges of the Land It sufficeth all parents and the purpose and intent of all parents is that their sons being such Lawyers and such Citizens as by their law and by their trades they may thrive and live Barrester-like and Lawyer-like Marchant-like and Citizen-like though they be not able to live Serjeant-like or Judge-like Alderman-like or Lord-like In like sort questionlesse would it be an excellent incouragement to many fathers to send many sons unto many Schooles and Vniversities of learning if so be there were many and good rewards rather than few and great rewards provided for many rather than for few learned men in the Church For if there be but few rewards albeit the same be great then but a few fathers among many will adventure the spending of their substance upon a vaine hope that their sons shall obtaine great rewards of learning For what father knoweth the capacitie and diligence of his so Or who can divine that his son shall be one among the number of a few men greatly learned worthy of a great reward and to live Deane-like Archdeacon-like Bishop-like or Archbishop-like Wherefore if such a change of the Clergie as whereof wee speake were made that is to say if â—n unlearned and undiscreet Ministerie were changed into a discreet and learned ministerie it is not to be doubted but a farre greater number of sons would be sent by their fathers to the studie of good learning than now there be From whence also it followeth that either Papall Prelacie is the Prelacy the bane of a learned ministerie only bane of a learned Ministerie or else that an unlearned Ministerie is the untimely fruit of
his confident asseveration that William Sommers with divers others in Lancashire were possessed and that Master Dorrell was not an impostor The occasion of the Admonitors great commendation of a very good manner of ecclesiasticall discipline used by the high Commissioners hath necessarily drawn me to shew the differences of the disciplines used by the same To the intent the Kings Highnesse might be pleased with the advice of his Parliament to consult whether it were not more agreeable to the good lawes statutes and customes of the Realme and more convenient for the good government of the Church to have one certaine forme and rule of Ecclesiasticall discipline to be established and to be used by the high Commissioners rather than thus at randome to suffer their onely discretion to be the Mistresse of all Ecclesiasticall discipline especially sithence without any manner of appeale or supplication to be made from them unto the King they use what manner of discipline soever seemeth good in their owne eyes whether moderate or immoderate Civill or Ecclesiasticall without check or controlement Than the which there cannot seeme any thing more prejudicâ—all and burthensome unto the people ADMONITION Page 8â— Further more theâ—r whole drift as it may seeme is to bring the government of the Church to a Democracie or Aristocracie the principles and reasons whereof if they be made once by experience familiar in the minds of the common people and that they have the sense and feeling of them it is greatly to be feared that they will very easily transferre the same to the government of the common weale For by the same reasons they shall be induced to thinke that they have injurie if they have not as much to doe in civill matters as they have in matters of the Church seeing they also touch their commoditie and benefit temporally as the other doth spiritually and what hereof may follow I leave to the judgement of other ASSERTION Let it be granted that their whole drift is to bring the government Book of common prayer title communation and confirmed by 5 and 6 Ed. 6. c 1. prim Eliz. c. 2 8 Eliz c 1 Aristocracie in the Church not hurtfull to the coÌ„mon wealth of the Church to that manner of government which the learned call Aristocracie what incommoditie should the Church or common weale receive by such a government when as the same government is not only authorised by the holy law of God but also commended unto us by the desires and wishes of sundry acts of Parliaments For saith the booke of Common prayer the Discipline of the Primitive Church is greatly to bee wished Aristocracie therefore and the discipline of the Primitive Church differing but in name and not in nature it cannot be hurtfull to the common weale that the principles and reasons thereof should by experience be made familiar in the minds of the common people nay it cannot but bee beneficiall unto the common weale when the same shall understand that the best observers of the law of God and the best friends unto God and his people are to be the Officers in the house of God Neither is their whole drift to be disliked but to bee commended that labour to bring the government of the Church from a Papall Prelacie to a Christian Aristocracie the one viz. Aristocracie according to the interpritation of the name Aristocracie in the Church optimatum Praelacia pessimatum potestas thereof being optimatum potestas a power of the best observers of the law the other viz. Prelacie according to their practice being pessimatum potestas a power of the worst observers of the law the first derived from the law of God and practice of Gods people the other reduced from the lawes and customes of the Gentiles and idolatrous Priests And this of necessitie in defence of the truth the Admonitors argument forceth me to speake for by an implication of the dislike of bringing the government of the Churches by Pastours and Elders to a Democracie or Aristocracy he hath by consequence disclaimed and disavowed the government of the Church by Prelacie to be any of those two And what other government then should we thinke Prelacie to be but either Oligarchie or Tyrannie For neither Monarchie may it be neither Prelacie either Oligarchie or tyrannie Policie or politicall estate can it be and other kinde of government besides these there is not any For my part I more charitably judge of the government of the Church by prelacie than to match it with Tyrannie And although the Admonitor and the perusers and allowers of his booke were men in their generation wise yet had they well weighed the nature of the government of Oligarchie they would rather in this argument have beene silent than upon disclaime of Democracie and Aristocracie governments both of them commendable in their kind have cast the commendation of their owne government of the Church by Prelacie to so desperate an estate as is the estate of Oligarchie Wherein if any doe glory because not many of the best but some few of the wealthiest and richest sort doe governe then let him hearken and consider what long since was preached before Pope Vrban the fifth by one Nicholas Orem a man singularly commended for learning in his time Amongst all the regiments of the Gentiles Act. Mo. Nich. Orem his opinion of Oligarchie none saith he is more to be found wherein is to be seene so great and exceeding ods than in the policie of Priests Amongst whom one is drunken another is sterved amongst whom some bee so high that they exceed all Nobles and Princes of the earth some againe be so abased that they are under all rascals and such a common wealth saith he may well be called Oligarchie But Thomas Aquinas hee seemeth to set the diâ—commodities of Oligarchie a pinne higher for saith he as a Kingdome hath in it the commodities Tho. Aquin. what hee thinketh of Oligarchie Aristocracie a good regiment of all other good regiments of Aristocracie that the Noblest and chiâ—fest persons among the people be taken to Councell of policie or politicall estate where an assemblie of all estates is had and when the very best of all sorts are chosen to consult and deliberate of the publike wealâ— so doth Tyrannie containe and hath in it all incommodities and vices of all naughâ—inesse and corrupt regiments of Oligarchie it borroweth that the most wicked and corruptest men be Counsellours and that as it were a rout of Tyrants doe governe The reasons and pillars of which Oligarchie are immoderatenesse Oligarchie a corrupt regiment excessivenesse disparitie and inequalitie passing and beyond all meane and measure Now if our reverend Bishops shall shew themselvea to be male contented with mee as though out of the opinions of these learned men I woud gather that the government of the Church by Prelacie is one of he corruptest governments I am to desire them to have patience
be licensed and limited unto them to take doe and execute by any Archbishop or Bishop within their Diocesse to whom they shall be Suffraganes under their seales And that no such Suffragane shall use any jurisdiction ordinary or Episcopall power otherwise nor longer time than shall bee limited by such Commission to him given upon paine c. From which Act touching the use and exercise of Episcopall power and censures by the Suffragane wee may againe safely conclude that the EPISCOPALL power granted by the Bishops to be used by the Suffragane is not of divine right and institution but onely from humane device and ordinance For the Suffragan could not exercise any power called spirituall or Episcopall unlesse by the Bishop hee were nominated by the King elected and presented by the Archbishop consecrated and by commission under the Bishops seale authorized in what manner and for what time he should exercise the same Custom then being not from heaven but from the earth and again the Bishops Commission limiting the Suffraganes delegated power being of man and not of God it followeth necessarily that that Episcopall power which the Bishops use and exercise in England can not be divine but humane Because Episcopall authority which is divine being conveyed from the Royall and Soveraigne authority of our Saviour Christ the giver of all power unto every officer within his Ceurch cannot bee transferred to any other person by the same Bishop by the King by the body of the state or by custome For the Kings Person and body of the state nor being made capable by the holy Scriptures to use and exercise that Episcopall power which is of divine Institution can never transferre the same to others whereof they bee themselves uncapable And to defend that custome or any municipall Law should transfer divine Episcopall power from a divine B. to any human officer is more erroneous And from hence if the now L. Bish of London judge his Episcopall power to belong unto him by divine and that by the same right he have power as well to ordaine depose suspend and excommunicate Presbyters as to confirme boyes girles young men and maidens there seemeth to bee good reason that the same B. should make it apparently knowne unto the King and Realme by what power or commission descended from heaven hee may delegate under his Seale the same his divine authority of ordination deposition suspension excommunication and confirmation unto Doctor 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 Episcopall power which hee holdeth to bee committed unto him from our Saviour Christ then well may we conclude against the oâ—dination deposition suspension excommunication and confirmation made by the same his Suffragame 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 granted by the Bishop is meerely humane Wherefore seeing the Bishop himselfe hath plucked certaine of his principall feathers from his own spirituall wings if so be his own wings may be spirituall and imped them with an untwysted thread of humane policy to the humane trayne of his Suffragane and seeing also his Archbishops grace of Canterbury in cases of his metropoliticall prerogative the Archdeacons London Midlesex Essex Hertford the Deane of Pauls and certaine Prebendaries in Pauls the Deane of Westminster the Master of the Savoy and diverse other Persons have by Papall priviledges or by ancient custome prescribed almost all other parts of his Episcopall power there seemeth good reason that the Bishop should againe declare whether the Churches within the said Diocesse after the decease or translation of his Lordship shall stand in need of any Lordly Successor to sit in the same Sea for any other profitable use or purpose than only for wearing of a white rochet walking with a pastorall staffe keeping seven yeares Sabboth from preaching in his Parish Church at Fulham consecrating of Chappels hallowing of Fontes Christening as they call it of Belles whiting of Walles painting of Tombes garnishing of Sepulchers preserving of superstitious Monuments in glasse Windowes repairing and gilding rotten and outworne Crosses confirming Leases of Benefices with cure of soules upon small rents improprying Churches or such like For if the great things of the Episcopall power may bee transferred either by expresse or by secret consent either by commission or custome and that as well to an inferiour as to a superior as well to a Suffragrane a Deane an Archdeacon and a Prebendary as to an Archb. then it seemeth reasonable that the smaller things before spoken of may well be performed without any Lordly authority When I had thus finished according to our line that which I first undertooke against the Admonitors pre ensed dangerous alterations innovations and inconveniences and was also purposed to have added that which in mine opinion seemeth to prove that which the Admonitor by his opinion denyeth viz. that the externall government of the Church should alwayes and in all places be one when I say I had thus purposed by reason of some other present and for the time more necessary occasion I was driven to alter my minde and to shew the same in a place somewhat more convenient And yet in the meane while it shall not be amisse but a thing very necessary in this place so to cleare the state of the question betweene the Admonitor and me as the same being rightly before hand understood there might no prejudicate opinion be conceived against the truth The Admonitor against the not having one forme of externall policy in all ages and states of the Chutch of Christ alleadgeth that in Denmarke they have Bishops both in name and in office that in Saxony thâ—y have Arcbishops and Bishops iâ— office but not in name that in Tigure they have no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneva in Scotland and in other places they have a government not much unlike that platforme which is desired to be among us that in Saxony and Basil they kneele at the Lords Supper all Tigure they sit and it is brought unto them and that in other places they goe and receive it for the more expedition as they passe And that he doubteth not but that the learned men whom God sent to instruct those Churches in which the Gospell in those dayes was first received have bin directed by the spirit of God to retaine this liberty that in externall government and other outward orders they might choose such as they thought in wisdome and godlinesse to be most convenient for the state of their Countrey and disposition of the people Vnto all which wee answer briefly viz. that Bishops both in name and in office being of divine institution ought as well to be in the Church of England as of Denmarke
that it is an errour by their leave in the Church of Saxony not to have Arch. and Bb. in name if so be they hold it lawfull to have Archb. and Bishops in office For what should a necessary officer doe without a convenient name And touching the Church of Tigure it is not materiall what the same Church doth thinke not tolerable or doth more mislike but what she ought not to mislike or what it ought not to think tolerable And then what a poore proofe is there here made trow we for the confirmation of the corruptions in the Church of England by producing of two witnesses two errours in the Church of Tygure For not to like a Senate of Elders and more to mislike excommunication is more and more to slide out of the right way And sithence we have the whole Christian Kingdome of Scotland the most famous and renowned Church of Geneva and sundry Churches by his confession in other places to be lights unto us and to agree with us in a government not much unlike to that which we desire wee have not onely great cause to rejoyce in this our desires but also to be much comforted and encouraged by these examples by all holy meanes to labour the full accomplishment thereof For by this testimony and by these instances given and produced by himselfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the unnecessaries and inconvenientnesse of having the Apostolicall and Primitive government in the time of Peace under a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soveraigne and free Princes Potentates and powers not being under Tyrants and persecution received the same as being the best the fittest the convenientest and most necessary government yea even in the time of peace and under their Christian Magistracy for the state of their Countrye and disposition of their people And as touching rites and ceremonies we affirme not that every rite ceremony or circumstance to be used in the externall execution of Church governement is precisely set downe in the holy Scriptures but touching the substance of government thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to be over the Churches in every Countrey observing the generall rules of decency comelinesse and edification have liberty with the consent of their Christian King or other supreame Magistrate to choose what rites and ceremonies they in wisdome and godlinesse shall thinke most convenient And therefore we grant that the officers of Christ in the use and dispensation of their functions are no more exactly tyed by any direct commandement in the holy Scriptures to use at all times and in all places one only manner of rites and ceremonies than were the Priests of the Law to use all one manner of knives to kill their sacrifices or the siâ—gers to sing all songs after one manner of tune or upon one kind of instrument or then are Kings and Princes in all Countries commanded to use all kind of circumstances in the outward execution of civill justice in their Common-Weales As then as it was lawfull for the Priests to have knives and trumpets of diverse fashions and for the Levites to have their Musicall instruments of diverse formes Nay as sundry Justices of Peace in sundry Shires of the Kingdome are not bound to keep their quarter Sessions all in one day to begin and to breake their Sessions at one instant to stand to sit and to walke whensoever they speake to weare all one fashion hats caps cloakes or gownes and such like so likewise is it with the Bishops Pastors and Elders of the Church In the ministration of Baptisme there is no direct commandement that the vessell to hold the water for the Childes Baptisme should bee of stone of pewter of brasse or of silver whether the Minister should descend to the lower end or the child ascend to the upper end of the Church Whether the child should have a great handfull or a little sponefull of water powred upon his head In the celebration of the Lords Supper it is directly commanded that the people shall stand fit or passe whether it should be celebrated every first or second Sabboth of the moneth whether in the morning at noone or at night In the ordination of Ministers there is no just proofe to be made that any certaine number of Ministers are to lay on their hands that the day of ordination should bee alwayes one that the Minister should bee of such an age or that the prayers should be of this or that length and forme of words And therefore touching these and such like things of indifferency wee agree with the Admonitor and Reverend Bishop that one ferme of externall orders rites and ceremonies is not of necessity to bee in every Church because there is no such order witnessed by the holy Scriptures to be of necessity But touching the joynt and severall functions of Bishops Pastours and Elders that they or any of them should in any age or state of the Church of Christ bee wanting or that such offices as by warrant of the Scripture are coupled together should bee appointed to execute any functions in the Church then such persons onely as for their functions have warant from the holy Scriptures wee cannot in any sort thereunto agree And why forsooth because all both offices and Officers in the Church must only and alonely bee derived from our Saviour Christ as from the only fountaine and bestower of all officers and offices in the House of God And therefore albeit wee should grant as the Admonitor hath said that the outward order used in the Primitive Church touching rites and Ceremonies by Bishops Pastors and Elders is neither necessary nor so convenient as it may be otherwise in the time of peace and under a Christian Magistrate yet we may not hereupon imply as his negative implyeth viz. that Bishops Pastors and Elders or any of them are neither necessary nor so convenient officers or governours as other officers of mans invention might be For which our opinion by the help of God we shall assay as before hath beene mentioned in an other place to lay downe out of the Word of God some just proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outward order and forme of government viz. that Bishops Pastors and Elders ought evermore to be spirituall governours and that evermore they and none other ought to use that essentiall kinde of spirituall government and none other which was practised by the Bishops Pastors and Elders in the Apostolicall and Primitive Church Alwayes leaving the outward rites and ceremonies of their spirituall kinde of governement to bee indifferent as erst hath beene said FINIS Speeches used in the Parliament by Sir Francis Knoles and written to my LORD Treasurer Sir William
absolutely and as really is revested in the person of the Queene as is the said spirituall authoritie Therefore as all spirituall Officers for the execution of the said spirituall power must have their authoritie derived unto them from the person of the Queene under the great Seale so likewise must all temporall officers for the execution of their temporall offices have the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all temporall as all the said spirituall authoritie improperly so called was really and absolutely in the person of the Queene yet hereupon it followeth not that by one and the selfe same meanes alone and namely by a commission under the great Seale all temporall and the said spirituall power in every part and branch thereof should be drawne alike from the Queenes person For there be divers and sundry meanes to derive temporall authority wheras there seemeth to be but one only means to derive the said spirituall authoritie and then marke the substance of the authors argument Some temporall Officers as Stewards of Leets Constables and sundry other Officers must not draw their temporall authoritie from the Queene by a Commission under the great Seale Therefore no spirituall Officers as Archbishops Bishops Archdâ—acons and sede vacante Deanes and Chapters must draw any of their spirituall authoritie from the Queen by a Commission c. Which argument drawne from a particular affirmative unto a generall negative what weaknesse it hath every young Logician can discerne And as for Stewards of Leets though they have no Commission Though all temporall officers draw not their power from the King by the great seale yet by one meanes or other withdraw it from the King under the great Seale yet for the execution of their Stewardships they have a Commission under the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughs have their authorities derived unto them from the Kings person by the very originall and institution of their offices Sheriffs of Countries Coroners Escheators and Uerderors have their offices and their authorities warranted unto them by the Kings writs out of the Chancerie But it was not the minde of the Law-makers saith the Author that the Ordinaries by a commission under the great Seale should draw their said spirituall power from the Queen What the mindes of the Law-makers were touching this point it mattereth little or nothing at all Neither is it to purpose whether a commission under the great seale be necessarily required or not required by vertue of that statute 1 Eliz. c. 1. to warrant the said spirituall power unto Ordinaries Only it sufficeth that the Queen having all power improperly called spiritual invested in her Royall person and being really and actually seised of all the said supreme spirituall authoritie could not have any part of the same spirituall power drawne from her but by some one lawfull and ordinarie meanes or other For if this rule be true in every common person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule hold in the Royall prerogatives rights priviledges dignities and supremities of a King wherfore to say that all supreme and ordinarie power improperly called spirituall was really and actually inherent in the Royall person of the Queen and to say also that some of the same inferiour and ordinarie power not derived from the Queen was neverthelesse in the persons of inferiour ordinaries is as much to say that some branches of a tree may receive nourishment from elsewhere than from the root that some members of the bodie are not guided by the head and that some streames flow not from their fountaines And now to conclude this part against the Canon Law and their Offices and functions thereof I dispute thus The forraign and papall canon law with all the accessories dependances offices and functions thereof is utterly abolished out of the Realme Therefore the same law is no part of the lawes of the Realm and therefore also it is evident that there will not follow any alteration of the Lawes of the Realme by the taking of it away Which Canon Law also with other lawes and functions how easily the same without any inconveniences may bee supplied shall God willing be presently made apparant if first we shall answer to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie out of the words of the great Challenge for Lordly primacy out of the great Charter answered Charter Concerning which challenge namely that by the great Charter Lordly Archiepiscopall and Episcopall primacie or jurisdiction belonging to the state of Prelacie is belonging unto them I demand unto what Church this great Charter was granted And whether it were not granted unto the Church of God in England The words of the Charter are these Concessimus Deo hâ—c praesenti Mag. Charta c. 1. Charta nostra confirmavimus pro nobis haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia jura sua integra libertates suas illaesas We have granted unto God and by this our present writing have confirmed for us and for our heires for ever that the Church of England be free and that she have all her rights and liberties whole and unhurt Now by this Charter if the same bee construed aright there is provision made first that such honour and worship be yeelded by the King and his subjects his and their successors and posteritie unto God as truly and indeed belongeth unto him Secondly that not only such rights and liberties as the King and his progenitors but also that such as God had endowed the Church of England with should inviolably be preserved And in very deed to speake truly and properly such rights and liberties only are to be called the rights and liberties of the Church of England which God himselfe hath given by his Law unto his universall Church and not which the Kings of England by their Charter have bequeathed to the particular Church of England When therefore question is made that by the great Charter the Kings of England are bound to maintaine the rights and liberties of the Church of England wee are to enquire and search what rights and liberties God in his holy word hath granted unto his universall Church and so by consequence unto the Church of England one part of the Catholike Church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectually and powerfully to bend himselfe against the Popes supremacie usurped that time over the Church of England For saith the King we will with hazard of our life and losse of our Crowne uphold and defend in our Realmes whatsoever wee shall know to be the will of God The Church of God then in England not being free nay having her rights and liberties
according to the great Charter whole and unhurt but being in bondage and servitude to the Sea of Rome contrary to the Law of God the King judged it to stand highly with his honour and with his oath according to the measure of knowledge which then was given unto him to reforme redresse and amend the abuses of the same Sea If then it might please our gracious Soveraigne Lord King Iames that now is treading in the Godly steps of his renowned great Vncle to vouchsafe an abolishment of all lordly primacie executed by Archiepiscopall and Episcopall authoritie over the Ministers of Christ His Highnesse in so doing could no more rightly bee charged with the violation of the great Charter than might King Henry the eight with the banishment of the Popes supremacie or than our late Soveraigne Ladie the Queene could be justly burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had beene so straightly tyed to the words of the great Charter that they might not in any sort have disannulled any supposed rights and liberties of the Church then used and confirmed by the great Charter unto the Church that then was supposed to be the Church of God in England then belike King Henry the eighth might be attainted to have gone against the great Charter and against his oath when by the overthrow of Abbies and Monasteries he tooke away the rights and liberties of the Abbots and Priors For by expresse words of the great Charter Abbots and Priors had as ample and as large a Patent for their rights and liberties as our Archbb. and Bishops can at this day challenge for their primacies If then the rights and liberties of the one as being against the law of God be duly and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other have but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheathes For this is a rule and maxime in all good lawes that in omni juramento semper excipitur authoritas majoris unlesse then they bee able to justifie by the holy Scriptures that such rights and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted unto them by the great Chaâ—ter bee in deed and truth likewise confirmed unto them by the holy Law of God I suppose the Kings Highnesse as a successor to K. Henry the third and as a most just inheritour to thâ— Crown of England by the words of the great Charter and by his oath if once the same wer taken to be bound utterly to abolish all Lordly primacie as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill custome ADMONITION The use and studâ—e of the Civill Law will be utterly overthrown for the Civilians in this Realme live not by the use of the Civill law but by the Offices of the Canon Law and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the Canon Law you must needs take away the hope of reward and by that meanes their whole studie ASSERTION This collection dependeth upon his former Reason and is borrowed to prove a necessarie continuance of Canon Law and concludeth in effect thus The taking away of the reward and maintainance of Civilians will be the overthrow of the use and studie of the civill law But the taking away of the Canon Law the offices and functions thereof and such things as are within the compasse of the same will bee the taking away of the reward and maintainance of Civilians Therefore the taking away of the Canon Law will be the overthrow of the use and studie of the Civill Law But we deny the assumption and affirme that Civilians might have The maintenance of Civilians dependeth not upon the functions of the Canon law farre better reward and maintenance than now they have if the offices and functions of the Canon Law and such things as are contained within the same were simply and absolutely taken away And further we say if there were none other use nor end of the studie of the Civill Law than hope of reward and maintenance by some office and function of the Canon Law that then Civilians should in vaine seeke for knowledge in the Civill Law because without the knowledge thereof and by the onely knowledge of such things as are within the Compasse of the Canon Law they might reape that reward and maintainance Nay sithence by experience we have known that some who never unclasped the institutions of Iustinian out of the same to learne the definition of Civill Justice have beene and yet are authorized to exercise the offices and functions of the Canon Law how should the studie of the civill law be furthered by these offices and functions when as without any knowledge of the civill law these offices and functions have beene and yet are daily undertaken and executed to the full And what man then if there were none other reward for Civilians would ten or twelve yeares together beat his braine and trouble his wits in the studie of the Civill Law when every silly Canonist might bee able and learned enough to sit in the Bishops throne and to be judge in his Consistorie Besides if the Admonitor speake sooth viz. that Civilians in this Realm live not by the use of the civill Law to what end then should he feare an overthrow of the studie thereof For if there be no use of it in this Realme for the maintenance of this life to what use then should men studie the same in this Realme As for the use of it among strangers and forraigne nations without the Realme the same as I suppose is no greater than such as 3. or 4. Civilians may be able well enough fully to deliver the law touching all matters of controversie that may grow to question during the whole space of a Kings raigne If no man lived in this Realme by the trade of brewing Beere but that all Brewers did live by the trade of Brewing Ale what should we need to feare the decay of â—eere-brewers or what use were there of them in like sort if men live only by the use offices and functions of the Canon Law and that men live not as he saith by the use of the Civill law within the Realme what folly were it to studie the one whereas without the knowledge thereof he might live by the other And therefore it seemeth that the Admonitor by his owne weapon as much as in him lay hath given the whole studie of the Civill Law a most desperate and deadly wound And to the end we may understand what reward and maintenance Civilians by the Offices and functions of the Canon do receive yearly for their service and attendance in
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs Church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz. to whom the election of Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
As for stipendarie Curats it is expresly against the policie of our Church that any should be ordained a Minister to serve only as an hireling From which Decrees and Canons already setled as I said before it followeth for the most part that the patrons Clerks to be ordained of necessitie must be called from the Vniversities or other places of learning For if every place of ministration be full and none must be made a Minister untill some place be void then albeit some patrons upon good causes to be allowed by publike discipline might be permitted to nominate some Clerkes already placed in administrations Yet in the end as well the patrons of those Churches from whence these are to beremoved as other patrons also many benefices at one time being void must of necessitie seek out men to be ordained which never were ordained to the ministerie before And where are these to be sought if not only at the Vniversities or other Schooles and nurseries of learning For that prophets in the ordinarie time of prophesying should bee taken from the feet of the Apothecaries Taylors Drapers Milners Mercers or Prophets in the ordinary time of prophecying to be taken out of the schooles of prophets from the butry pantry kitchen celler or stable of any Bishop Peere Knight or Gentleman and not from the feet of the prophets is a thing abominable and odious unto God and man Wherein then doth this platforme in this point of fetching Ministers only from the Vniversities or other places of learning differ from the intendment of lawes setled Or wherein can the patrons receive any detriment by such a practice Nay they are so far from receiving any prejudice hereby as indeed both they and their Clerks shall reape great commoditie by it Wherein I grant some discrepance to consist betweene the Bb. practice and this platforme For the Bb. at The difference betweene the platforme and the bishops practice one time allow a Clerk for abilitie and at another time disallow the same Clerk for nonabilitie And him whom they have ordained and adjudged to day worthy of an office they many times disordaine him tomorrow and refuse him as a person unworthy to possesse a benefice Whereas on the contrary part wee think it very absurd and unreasonable to barre any man from a benefice whom the Governours of the Church shall judge worthy to beare an office So that the patrone by this platforme shaâ—l be sure if at any time hee nominate a Clerke alreadie ordained that the same Clerke unlesse it were for Crime or some defect after happening should never be refused And if such be the lawes and liberties of the Ordinaries what alteration of the law or prejudice to the patron could it be if by a new law the King provided new meanes to put his old lawe in due execution It upon difference of judgment any variance should arise between Vpon difference of judgment about the abilitie of a Clerk what may bee done the Ministers appointed to elect and ordaine which of the patrons Clerkes were most worthy the same diversitie wee assure our selves can breed no greater inconvenience nor further danger than doth now daily fall out in the election of Schollers fellowes and heads of houses in the Vniversitiâ—s or of other Officers in Colledges Cathedrall Churches and bodies politike or corporate As those controversies therefore have beene and are appeased by the good orders and laws of those places even so might these also And therfore some good law might be made to this effect viz. If any foure of the seven did agree together upon any one â—lerke nominated by the patron that the same foure should strike the stroke and make the election good against the other three Neither doe we think it to stand with reason that the Archipresbyter or any other Minister among the seven should necessarily be of the quâ—rum For if any one of the seven should necessarily be of the quorum then having as it were a negative voice against all the rest if he should be wayward and apt A Clerk refused for nonabilitie to whom the nomination may devolve to contention he might then alwayes frustrate the election either by opposing himself to all the rest or by inclining to the lesser and worser part as lately came to passe about the election of a Scholler among great Doctors If both the Patrons Clerks should bee disabled by those unto whom the judgement of their nonabilitie did appertain we leave it to be consideâ—ed whether the right to nâ—minate elect and ordain for that time only might not hereafter devolve unto the presbyterie as in like case it hath done heretofore unto the Bishops And from that Presbyterie if the same should make default that the beâ—efice should be then in lapse unto the king Lastly touching the nonabilitie of a Clerke iâ— the Clerke whom A Clerke wronged by a refusal for nonabilitie how he may be relieved the presbyterie should refuse come from one of the Vniversities then as a Clerke before time refused for nonabilitie by the Bishops was to be tried by the Archbishop and by him to be allowâ—d or disallowed so in this case we leave it to be consideâ—ed whether it were not meet that this Clerke so refused and complaining himselfe unto the Magistrate to be wronged should have his abilitie to be again tried by that next Synod of Ministers to be congregated within that Deanry And if upon tryall made and bringing a testimoniall under some authentike seale from the Synod of his abilitie whether the Presbyterie upon a good paine within a time to be prefixed should A Clerk refused for crime to whom the nomination may devolvâ— not be constrained to ordaine and dedicate the same Clerke to the Ministerie of the same Church And as for the refusall of a Clerke by the Presbyterie upon objection of crime if the crime be so hainous as for which by the Canons of the Church hee might not bee promoted to the Ministerie then is it to be considered whether the pâ—esbyterie in this case also as in the former of nonabilitie might not nominate elect and ordaine the Clerke to that place for that time only and upon the presbyters default the lease also to be unto the king And thus have we compared the manner of Church government The benefits ensuing the platform of ordination c. required now in use touching these points with thâ—â—â—orme of Discipline which is desired to bee planted By which comparison the Kings Highnesse may very easily discerâ—e the differences betweene them to be such as whereby the Kings dignity and prerogative shall highly be advanced the Kings poore subjects both Ministers and people diverse wayes eased and unburdened and the Lawes better observed to the unspeakeable peace and tranquillity both of Church and Common-Weale The Prophets tryall of the Prophets the peoples approbation of their Pastours the Ministers entrance into their Ministery according to the Apostolicall
practice of the Primitive Church would be a meanes utterly to extinguish that schisme that remaineth yet among us that we have no Christian Ministers no Christian Sacraments no Christian Church in England Besides the Ministers for Letters of Orders Letters of Institution Letters of Inductions for Licences to serve within the Diocesse for Licences to serve in such a cure for Licences to serve two cures in one day for Licences to preach for Licences of resignation for testimonials of subscription for Letters of sequestration for Letters of relaxatâ—on for the Chancellours Registers and Somners dinners for Archidiaconall annuall and for Episcopall trienniall procurations the Ministers I say to be nominated elected ordayned approved confirmed and admitted by the Patron by the Presbytery by the People and by the King should be disburdened from all fees for these things and from all these and such and such like grievances Onely for the Kings writts and for the traveile and paines of His Highnesse Officers taken in and about the execution of the same wrâ—tts some reasonable fees as it shall please the King may be taxed and set downe The people also in soules in bodies and in their goods could not be much comforted relieved and benefited They should not henceforth to the perill of their soules have unlearned unable and undiscreete Ministers thrust upon them and set over them Neither should they bee compelled upon light occasions to take many frivolous oaths in vaine They should not bee summoned from one end of the Diocesse unto the other nor be posted from Court to Court and from visitation to visitation The Church-Wardens and Side-men of every Parish should not upon paine of excommunication be constrained once or twise in the yeare to pay six or eight pence for a sheet of threehalfepeny articles They shall not any longer out of the common treasury reserved for the poore beare the charge of their Parishes for making bills visitation and diverse other expenses There should be no more suits at Law between Clerke and Clerke about the Patrons Title no more suites of double quarrell betweene the Clerke and the Bishop no more debate betweene the Bishop and the Arch-deacon and lastly there should bee no occasion of any riots and unlawfull assemblies to bee made upon entries and possessions by vertue and colour of two presentations two institutions and two inductions into one benefice at one time The Patrons as being Lords and avowers of the Churches might have the custody of the Churches during their vacancies and their ancient right in this behalfe restored All swearing of Canonicall obedience unto the Bishops by the Ministers all 31. Eliz. c. 6. swearing and forswearing of Clerkes for any symoniacall bands promises or agreements betweene them and their Patrons and all robberies and spoyling of the Churches by the Patrons should determine and cease Especially if it might please the King and Parliament to have one clause of a Statute against abuses in election of Schollers and presentation to benefices enlarged For although every corrupt cause and consideration by reward gift profit or benefit to present be inhibited by that act yet notwithstanding by experience in many places we finde that the Patrons for small rents and for many yeeres are in possession some of the mansion houses some of the glebe lands and some of the tythes of such benefices as since the publishing of that act have beene bestowed upon Clerkes which breedeth great suspicion and jealousie in the mindes of men that the Clerke and Patron at the beginning directly or indirectly did conspire to frustrate and delude the intendement of the statute And therefore wee leave it to bee considered by the Kings Majesty and Parliament If any Clerke after confirmation A means to restrain patrons from corruption and possession to any benefice hereafter to bee made and given unto him shall willingly and wittingly suffer the Patron of the same benefice or any other person in his name or to his use directly or indirectly mediatly or immediatly to use occupy or enjoy the mansion house glebe land or other ecclesiasticall commodities or any part thereof belonging to the same Benefice In this case I say we leave it to be considered whether it were not meete and convenient that every such willing and witting sufferance by the Clerke and every such willing and witting possession use or occupation by the Patron should not bee adjudged to bee a just cause to determine the presentation to have beene first made upon corrupt respect and consideration And that therefore the Clerke ipso facto to â—ose the benefice and the Patron ipso facto to forfeite his right of Patronage to the King for the two next turnes following And these being the principall reasons and grounds of our desires wee are humbly to pray the Lords spirituall either to convince them of indignitie insufficiency and incongruitie or else to joyne with us unto the Kings Majestie for the restitution of that manner of Government which they themselves confesse to have beene practised at the beginning by the Apostles and Primitive Church but the Admonitor hath yet moe reasons unanswered against this platforme ADMONITION That every Parish in ENGLAND may have a Learned and discreet Minister howsoever they dreame of perfection no man is able in these dayes to devise how to bring it to passe and especially when by this change of the Clergie the great rewards of Learning shall bee taken away and men thereby discouraged to bring up their Children in the study of good Letters ASSERTION In some part to justifie this opinion I grant that no man is able in these dayes to devise to bring it to passe that every Parish should have a Learned and discreet Minister And why because in these dayes not any one Bishop hath afforded to ordaine one Learned and discreet Minister for five Parishes secondly because where some of the Reverend Fathers have ordained and placed in many Parishes many Learned and discreet Ministers some others of the same Fathers have againe disregarded and displaced those learned and discreet Ministers and in their roomes have placed many unlearned and undiscreet Ministers Now then if these dayes wherein so few learned and discreet Ministers and so many unlearned and undiscreet Ministers be ordained and wherein also so many learned and dâ—screet Ministers are disgraced and so many undiscreet and unlearned Ministers graced If these dayes I say were ended then albeit no perfection whereof never any one of us dreamed could be attained unto and albeit no one man were able to devise how to bring it to passe that every Parish should have a learned Minister Yet neverthelesse all good and holy meanes being used to ayme and to shoot after perfection and all good and holy men laying to their heads and applying their hearts to further this enterprise and service unto God we know that the Lord might call and make and fill with the Spirit of God in wisdome and in understanding and