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
the defendant is ready to aver maintaine and prove his answer as shall please the King to award and to command And therefore he most humbly beseecheth the King if it please the King and that hee have found favour in his sight that his exceptions may be admitted and read and that his counsell learned in the law may be heard and suffered to speake This platforme of government intended by the admonitor not to be liked of in this place is that platforme of Church government Booke of Com. Pray tit Commination Homil. 2. part of the right use of the Church Admo pag. Whitgift p. 654. M. Nowell in his Cate. M. Calvin M. Iunius Looke Peti to her excellent Majestie p. 11. by Pastours and Elders which the Booke of Common Prayer the Doctrine of the Church of England doe highly command and which he himselfe Master D. Whitgift now Lord Archbishop of Canterbury and very many other c reverend Divines of our age doe publikely confesse in their writings to have beene practised by the Apostles and Primitive Church From whence it followeth that the government of the Church by Archbishops Bishops Suffraganes Archdeacons Deacons Chancellours Commissaries and Officialls now already planted and liked of was not practised by the Apostles and Primitive Church And therefore for my part I cannot but marvell that a disciple of the Apostles Doctrine and a successor in the Apostles Chaire should be drawne to humane reasons not to like of the Apostles government nor to tread in the steps of the Primitive Church For seeing the same is acknowledged by himself to be the first ways to be the old and ancient way as being the Apostles way why Ier. 6. 16. should we not walke therein as in the only good and perfect way The reverend Bishops will not deny that the Apostles and Primitive Church for their manner of governement had the mind of Christ and that we should follow the Apostles as having them for examples because they were the followers of Christ Againe they cannot but grant that the manner of governement practised by the Apostles and Primitive Church is written within the booke of the covenants of grace All which notwithstanding we see in this place that from the new Testament from the Articles of grace from the law from the testimonie from the example of the Apostles and from the mind of Christ we are addressed and turned over to our state of government to our countrey to our people to our Common weale and to our Lawes But this turning of devises shall it not bee esteemed as the Potters clay Isa 29. 16. But saith he to plant those things in this Church which are required to be redressed might bring rather the overthrow of the Gospell than the end that is desired Indeed say I if this might be as soone proved as it was soone said the case might have gone well with him But this parable is so darke that unlesse it be opened there is no light at all to be seene in it For he well knew that in stead of the government practised by the Apostles and Primitive Church the jurisdiction of Archbishops Bishops Suffragans Deacons Archdeacons Chancellors Commissaries and Officials is already planted in this Church And he was not ignorant also that the same jurisdiction only and none other is required to be redressed Now then if request be made that this manner of governement be redressed how can it evidently bee seene that to plant that manner of government might bring rather the overthrow of the Gospell than the end that is desired But it may be that he meant more lightsomely than he spake Yea let it be that he intended thus viz. to unplant that which is now planted and to plant those things which are yet unplanted by reason of many and great alterations might bring rather an overthrow of the Gospell than the end that is desired well I say be it so that he thus meant How is this thing evidently seene or how can it evidently be proved The best sight that the servant of Christ can have is faith For Faith is an evidence of things which are not seene This overthrow Heb. 11. then of the Gospell not being seene with his bodily eyes must needs be intended to have beene seene with the eyes of his faith But where is the word of Christ whereupon the eyes of his faith were fixed If then he hold no word of faith then of necessitie was his evident sight but an evident fancy And in deed what else could it be For what other thing is there desired to bee planted in this Church but only the Apostolicall government of Christ And what other Gospell could hee evidently see that might bee overthrowne by holding forth this scepter but only the Apostolicall doctrine of Christ A marvellous strange and unkinde sight I trow to be seene that the Apostolicall Governement could no sooner bee planted but that the Apostolicall doctrine must needs be rooted up That Christ by his owne scepter were not able to maintaine his owne grace by his owne order should weaken his owne oath or by his owne sword should cut from the people of God his owne Word But seeing it was his purpose to perswade the people unto a dislike of the Apostolicall government by arguments and reasons drawne from humane policie rather than to confirme them in a good opinion of the Prelaticall Government by proofes taken from the authoritie of holy Scripture we will follow him in this his veine Yea and by the help of God we will try of what efficacy such his politike and humane reasons may be as wherewith he did assay to disswade the people from consenting unto any other manner of Church Government than is already setled among us The generall effect of all which both here and else where spoken of by him briefly gathered is this Such things may not be planâ—ed in the Church of England as by attempting the planting whereof there is an evident sight that the Gospell among us may be overthrowne But there is an evident sight that the Gospell among us may be overthrown by attempting to plant that Government in the Church of England which was practised by the Apostles and the Primitive Church Therefore that manner of Governement may not be planted The assumption of which sillogisme hee endeavoureth to confirme thus whatsoever will draw with it many and great alterations of the state of Government and of the lawes the same may bring rather the overthrow of the Gospell than the end that is desired but the planting of the Governement practised by the Apostles and Primitive Church will draw with it many and great alterations of the state of Government and of the lawes Therefore the planting of this manner of government may rather bring an overthrow of the Gospell c. If any shall object that by thus gathering his argument I had in this place falsified his argument by adding more than is here
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
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
most men contemned and that it will be of small force to bring to effect any good amendment of life ASSERTION But who taught him to father or to fasten this untruth upon us only then this might suffice for answer that hee did never yet heare any one of our part so much as call much lesse to cry for discipline No discipline by excommunication only called for Discipline by excommunication onely no more to bee suffered by excommunication only For wee say cleane otherwise viz that the Discipline of the Church ought not to be executed as now for the most part it is by excommunication only This manner of discipline therefore by excommunication only is one of the disorders in the Church used by the reverend Bishops and which wee so much desire to bee reformed And for this cause we intreat their Lordships to forbeare the practice of that which as it seemeth they would so faine have others to mislike But happily this was not the marke whereat the Admonitor shot for Bishoply and Archdeaconly excommunication being daily used it is like that he bent his bow and aimed at that excommunication only which is pastorall and Elderly Against which forme and manner of excommunication let be so that some learned men of this age have at large declared in their workes set forth to the world that the same will be of most men contemned and that it will be of small force to bring to effect any good amendment of The writings of som learned men not sufficient to condemâ—eâ— excommunication by pastours and Elders life let this I say be granted what of all this must the Church of England therefore dislike and reject the same God forbid The whole doctrine of Faith and Sacraments we know to bee of most men contemned and to be of small force to bring most men from superstitious and popish idolatrie And how then is it possible but that the sword of this doctrine should have as little entertainement amongst most men as the doctrine He that casteth away the kernell will much more despise the shale And hee that setteth light by the sword will set lesse by the scabberd It sufficeth then that the children of the Church in England striving to enter in at the narrow gate and embracing the doctrine of the Gospell it is sufficient I say that they submit and subject their necks unto the yoke of the Gospell for what have we to doe with them that are without Doth the law of England endight condemn and judge a Spaniard resiant in Spaine The Admonitor himselfe affirmeth at the time when our Saviour Christ said dic Ecclesiae that there were many presidents as it page 134 were and governours of the Church together with the chiefe Ministers page 135 The Bb. confesseth that the Minister and Elders did governe in the primitive Church of every congregation nay further hee saith thaâ— he will not deny that the Apostles afterward and the primitive Church did practise the same These some learned men then eâ—ther must shew and prove unto us the children of God in England that this forme of governing the Church and excommunicating by many presidents and go vernours together with the chiefe Minister of every congregation was given to the Churches in the time of Christ and his Apostles but only for that time and that therefore that form is now at an end and ceased or els it must be confirmed unto us that God hath in these dayes altered and changed his mind touching England and that hee hath by some new vision or revelation commanded the Reverend Bishops in these dayes to teach the Church of England that he will not have the same manner of Government used in the Church of England because it would be of most of his Children in England The opinion of some Learned men not sufficient for the Church of England to depart from the word contemned and of small force to bring to effect any good amendment of life in them for albeit all the Learned men in the world had declared as much in their workes set forth to the world as is here spoken of what were that to the children of God in England unlesse the same Learned men had taught unto us true learning from the mouth of God How much lesse are we bound to regard what only some Learned men of this age have declared unto us the same some Learned men having no warrant out of the holy Booke of God for such their Learning For if the declaration of some Learned men of this age in their workes set forth to the world may be a sufficient warrant to draw men from the way of truth then hardly let the declaration of Doctor Harding against the true use of the Lords Supper and then let the declaration of Osorius against justification by faith and the declarations of Bellarmine against diverse Articles of our Religion and the declaration of Doctor Allen against the execution of Justice in England and the declaration of Doctor Saunders a rebellious fugitive in the defence of the Popes Bull and the declaration of G. T. for the pretended Catholikes and lastly let the declaration of the Pope and his whole Clergy excommunicating our late Soveraigne Lady the Queen deceased bee received and listned unto For who can deny but that these men were some men and that these some men were also some learned men and who then seeth not the loosenesse the vanity the trifling and the toying of this argument The Argument following which the Admonitor would seeme Page 81. to let passe drawne from experience is of like quality For though experience as hee saith teach that men of stubbornnesse will not By excommunication of Pastors and Elders moe can not bee out of communion than in communion shun the company of such as bee excommunicated and though such men of stubbornnesse must be also as he saith excommunicated for keeping of company with them yet to affirme that by meanes of Pastourly and Elderly excommunication moe will bee excommunicated as being men of stubbornesse than in communion is a very grosse and palpable errour For we hold as the truth is that the greater part of the Church cannot be excommunicated by the lesser nor that many should be excommunicated by a few nor that a few should bee excommunicated by one of the Church And if the common union must necessarily consist of all or of the most part of the faithfull then is the lesser part alwayes out of this common union For what else is excommunication but extra communionem ejectio a casting forth of one or of moe persons from the common fellowship society and company of the faithfull The greatest part whereof and not the least are accompted to be the Church and to be in communion unlesse then the whole Church or the greater part of the Church having once cast out from among them one or moe adulterers blasphemers extortioners or such like
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
Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
108 How a Minister ought to be called to a place of his examination and approbation by Ministers and the Parish and of his ordination and actuall calling to a place 108 This way laid down before is no such innovation as is pretended it being agreeable to the ancient Lawes of the Land 100 The spirit of the Prophets are subject to the Prophets how to be 112 What is to be done if suit fall out betwixt two Patrons 113 Patrons not so strictly curbed is pretended 114 Prophets to be taken from the Schooles of the Prophets upon difference in judgment of the abilities of men what then to be done 114 Concerning refusall upon non abilitie 116 The benefits insuing the platforme of ordination and required 117 118 What perfection is required in a Minister 120 Prelacy and a learned Ministery cannot stand together 120 That objection answered that the reward of learning being taken away learning it selfe must needs fall to the ground 121 Prelacy the bane of learned Ministers 122 That argument answered concerning the drawing of Schollers out of the Vniversities before they are fit 123 124 The argument concerning excommunication answered by whom excommunication ought to be performed 125 126 127 what it is 128 The inconvenience of the Bishops excommunication 129 It hath many deformities 130 By the Bishops excommunication one may be a communite 130 Excommunication toucheth them only who professe themselves members of the Church 133 The different manner of discipline exercised by Ecclesiasticall Commissioners severall instances in diverse persons set down 134 135 136 The Articles objected by her Majesties High Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B. in the County of L. with observations on the Bishops proceedings 1637. 138 139 140 141. with a Copy of the Arch-bishops Letter and answer from the Bishop to that Letter The Argument concerning the bringing in of Aristocracy into the Church answered 143 Prelacy either oligarchie or tyrannīe 144 It is to be feared lest by the examples of the Prelates Oligarchie be brought into the Common-Wealth and therefore a caution is put in against it 145 The government of the Church by Prelates is not Monarchicall 145 If it be so then the government by Pastors may be so too 145 No cause for the Monarch to feare Aristocracy in Church government 147 Pastors disclaime to meddle in civill matters 147 The people of England are rather possessed with the sense of Democracy and Aristocracy 148 The manner of Policy by Pastors and Elders in the Church is agreeable to the government in the Common-wealth but the government by Prelacy is disagreeable 149 The answer of an Italian Bishop being asked vis ne Episcopari And the answer of an English Bishop having obtained his Congedelier 149 150 The manner of administration of justice spirituall in the Church by Prelacy 150 The administration of Iustice spirituall by Pastors and Elders agreeable to the execution of civill justice in the Common-weale 151 No matters of justice civil administred by one alone in the Common-wealth 150 152. Severall ordinances set downe in severall Courts how they proceed 152 153 154. The Government of the Church ought not to bee by one alone 155 156. Severall ordinances thereof in the same pages No exception to bee taken against Lay Elders to be authorized by the King in every Parish since the King authorizeth Lay Elders in Ecclesiasticall commission 157 Discipline of excommunication exercised by one Lay Elder and one Ecclesiasticall Elder an instance of this discipline set downe 157 158 The King hath as good right to command excommunication to be exercised by a Pastor and Elders as the Bishops have to commit the same to a Curate and one Lay Elder 159 Lay men appointed by the Queenes injunctions to execute some part of discipline 160 Every Minister ought to minister the discipline of Christ in his owne cure by consent of Parliament 161 The Minister by promise bindeth himselfe to minister the discipline of Christ 162 The not disposing in particularity all rites and ceremonies of discipline doth not hinder the exercise of discipline by the Minister 163 To what persons the discipline of Christ by Scripture is committed and whether the persons be arbitrable or no 164 165 A Bishop Pastor and Elder and our L. Bishop differ 165. and what a L. Bishop is No Lord Bishop called L. Pastor Pastorall authority of a L. Bishop and of other Pastours is equall 166 Whether a L. Bishop minister the doctrine Sacraments and Discipline of Christ by vertue of his Lordly Episcopall or Pastorall office 166 Lordly Episcopality authorized only by the Realme 167 If the L. Bishop have power to minister Discipline by divine right then no more can hee commit that his power to an other than hee can commit the power which he hath of preaching to another 168 Whether L. Bishops by Pastorall Authority may excommunicate a Pastour 169. Pastors over small Flocks are as truly Pastors as Pastors over great Flocks 169. As great parity between Pastors and Pastors as between Apostles and Apostles 169 Not onely Kings of great kingdomes but also Kings of small kingdomes bee true Kings 170. Rurall Deanes in Cheshire c. use some part of Episcopall power 171 Episcopall power to excommunicate granted by papall priviledges or prescribed Vse 171. Power to excommunicate if it be of divine right may not bee prescribed 171. No more preheminence given to a Bishop than to a Minister or to a Lay-man in some places for the use of Excommunication 172 AN ASSERTION FOR True and Christian Church-Policie Wherein certaine politike Objections made against the planting of Pastors and Elders in every Congregation are sufficiently answered And wherein also sundry projects are set downe how the Discipline by Pastours and Elders may be planted without any derogation to the KINGS Royall Prerogative c. ADMONITION THE reason that moveth us not to like of this Pag. 79. platform of Government is that when we on the one part consider the things that are required to be redressed and on the other the state of our Countrey People and Common weale we see evidently that to plant those things in this Church will draw with it so many and so great alterations of the state of Government and of the Lawes as the attempting thereof might bring rather the overthrow of the Gospell among us than the end that is desired ASSERTION THe benefit of all exceptions and advantages to the invaliditie uncertaintie imperfections and insufficiency of this admonitory bill and matters therein contained alwayes saved for answere to so much as concerneth this clause and every other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill of admonition materiall to be answered unto and not herein or hereby sufficiently answered confessed and avoided traversed and deemed is true in such manner and forme as in the same is set forth and declared
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
they undertake and whose glory they advance to bee a friend unto their friends and an enemie unto their enemies And if our Nobles and our Commons bee all hushed if they bee all at sleep at peace and at rest wee may cast away all feare and bee past all doubt that the King can not but holily recreate and solace himselâ—e and that his gray haires whensoever they shall come shall never bee brought to the grave in sorrow but in a good and perfect age and peace But happily it may be replyed that some of our Nobles and most of our `` Commons be so backwardly affected of the truth of Religion Pag. 79. as that rather they would turne head upon the Gospell than Pag. 79. brooke an alteration of Archiepiscopall Episcopall and Archidiaconall Church governement In deed if a reformation of the state of the Clergie were attempted by any other meanes than by publike tractation and consent of Parliament I could not but leane unto this opinion that the attempting thereof might bring an overthrow to the attempters Because the same attempt should be dishonourable to the name of God as being contrary to the forme of doctrine received But since things amisse are required to be redressed by the King and Parliament alone this objection is altogether vaine and frivelous and is already sufficiently convinced by that peaceable agreement betweene Nobles and Commons before remembred But let us wade a little deeper and search a little more narrowly into every veine creeke and corner of this supposition And let us see by what manner of persons this pretensed overthrow of the Gospell might bee wrought All carnall sensuall and earthly men either whose belly is their No feare that prophane men will overthrow the Gospell god or whose God is this world all such men I say as in every age be of Domingoes religion namely just and jump of that religion which the King and State professe they are so farre from attempting ought to overthrow the Gospell as under the shadow of the name thereof they will evermore croud and cover their carnalitie and prophannesse For they being evermore of every religion and so indeed of no religion and passing not whether our Saviour Christ or Beliall be their God sing as the Poet singeth Ais Aio Negas Nego beck and bow cap and knee to whatsoever the State and Law commands If the King be a Gospeller the Gospel the Gospel and naught else but the Gospel shall be found to roule in their mouthes But let the Crowne once turne by and by they have turned their Coates and as weaher-cocks with every puffe of winde are huffed about Whatsoever order or manner of government bee planted or displanted in the Church the same shall bee no corosive to them It shall never sticke in these mens stomacks neither will they lay it to their heartes The King and the Counsell is wise enough and know what they have to doe well enough They will not bee more forward nor wiser than the Prince they will not checke and controll the whole Realme They cannot brooke these busie bodies and medlers in matters above their reach They will bee none of these new fangled and precise fooles they will not be backward and come behinde the law as the Papists doe neither will they be too forward and runne before the law as the Puritans doe But they will behave themselves in all things and at all seasons as discreet and politike Protestants ought to doe conforming and submitting themselves alwayes to all order and authoritie of the Queenes booke and lawes setled Yea and though they be not booke learned nor any pen Clerks yet they believe well And therefore they will goe to the Church and say a few prayers yea and they will receive the Sacrament at Easter as devoutly as the best precisian of them all All these Atheists and godlesse men being neither hot nor cold neither fish nor flesh nor good red herring plant what plants you will and sowe what seeds you list yea make what ditch hedge pale wall or sence you please they set cocke upon hoope and passe not a button for it every season be it wet or be it dry every kind of land be it clay or be it sand every surrow be it broad or be it narrow be it deepe or be it shallow pleaseth these medley coates alike They are like unto Iacobs Ewes which having straked and party coloured rods laid before them in the gutters at a ramming time brought forth none other but party coloured Lambes And therefore they will never stir hand nor foot nor once step over a straw to worke any Admonitory protestants by their owne doctrine ought not to binde the Church to a perpetuall goveâ—nment of prelacie least annoyance to the Gospell It is good sleeping alwayes for these men in a whole skinne And not much unlike to these party coloured sleepers are the admonitorie protestants For they as the dutie of faithfull subjects doe bind them living in a state of the Church reformed and having libertie in externall government and other outward orders to choose such as they thinke in wisedome and godlinesse to be most convenient for the state of their countrey and disposition of the people and having the consent of their godly Magistrates to that outward forme of jurisdiction and deciding of Ecclesiasticall causes these kinde of protestants I say alwayes blowing out the trumpet of obedience and crying an alarum of loyaltie to every ordinance of man and gravely wisely and stoutly demeaning themselves against all the giddie heads and fanaticall schismatikes and wrangling spirits of our age dare not I trow slip the collar nor cast off the yoke dare not push with the horne nor wince with the heele against the Gospell If so bee by the authoritie of our Christian King with the consent of his Parliament the platforme of govern as he saith devised by some of our neighbour Churches but as we and they themselves confesse practised by the Apostles and Primitive Church might bee received and established to be the best and fittest order of governement for the Church of England as well as it hath been a long time and yet is of Scotland and of most of all other Christian Churches For if it be too great a bridle of Christian libertie as they say in things externall to cast upon the Church of Christ a perpetuall commandement and if the Church have free libertie to make choise of what government soever she thinketh convenient then is she neither restrained at her pleasure to forsake that which by long experience she hath found to be inconvenient neither is she tyed still to retaine Archiepiscopall Episcopall and Archidiaconall governement though for a long season the same have beene used For that indeed might well and justly be said be too to great a bridle of Christian libertie when by necessitie there is cast upon the Church such a perpetuall regiment of prelacy as may
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
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
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
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
against us that we which urge the same holy law for the bringing in of the discipline by pastors and elders should notwithstanding contrary to the same law intend the leaving out or altering any one of the three estates But which of the three estates was it that he meant should bee left out I trow there is none of the state of prelacie so ill advised as to take upon him the proof of this position viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament by themselves alone doe make one of the three estates or that the statutes of England to this day have stood by their authorities as by the authoritie of those who alone by themselvs are to be accompted one of the three estates For if that were so how much more then might the great Peeres Nobles and temporall Lords challenge to make by themselvs an other estate And without contradiction to this day the commons summoned by the kings writ have ever been reckoned a third estate Now then if statutes have hitherto stood by authoritie of the Lords spirituall as of the first estate by the authoritie of the Lords temporall as of the second estate and by authoritie of the commons as of the third estate I would gladly be resolved what accompt the Admonitor made of the Kings estate It had not beene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spiritualls dutie and fidelitie in the execution of our late Queenes lawes to have set her Royall person authoritie and state behind the lobbie at the Parliament doore Either the kings Royall person then as not comprised within the compasse and circumcription of the three estates by his meaning which had beene but a very bad meaning must be thought to have beene hitherto secluded from authorizing the statute lawes made in Parliament Or els it is a most cleare case that the Lords spirituall themselves alone do not make any one of the three estates And what matter then of more weight may it happily seeme to be to alter the authoritie of the Lords spirituall and to leave them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine and continue by authoritie of the three estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and ever hath beene a perfect entire and complete bodie and State without the bodie and state of Prelacie and that the King and Nobles and Commons of the Realme without Prelates Bishops or Clerkes doe make up all the members and parts of the bodie and of the state and may therefore ordaine promulg and execute all manner of lawes without any consent Anno 36. h. 8. fo 51. h Anno m. j. fo 93. â— approbation or authoritie yeelded unto the same by the Bishops spirituall or any of the Clergie And thus much our Divines Histories and Lawes do justifie Sir Iames Dier Lord chiefe Justice of the Common pleas in his reports telleth us that the state and bodie of a Parliament in England consisteth first of the King as of the head and chiefe part of the bodie secondly of the Lords as principall members and lastly of the Commons as inferiour members of that bodie By a statute of provisoes it appeareth That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King England was founded into the state of prelacie within the Realm of England by the grand father of King Edward the third and his progenitors and the Earles Barons and other Nobles of the Realme and their Ancestors for them to informe the people of the law of God and to make hospitalities and almes and other workes of charitie in These uses are changed to the keeping of great horses great troopes of idlers wiâ—h long haire and great chaines of gold 6 Eliz. c. 1. The King bound to do lawes made without assent of prelates to bee kept as lawes of the realmes the places where the Churches were founded From whence it followeth First that the Archbishops and Bishops only and alone doe not make of themselves any state of prelacie but that the whole holy Church of England was founded into a state of Prelacie Secondly it is plaine that the Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy Church of England into a state of Prelacie ought and were bounden by the accord of their people in their Parliaments to reforme and correct whatsoever was offencive to the lawes and rights of the crowne and to make remedie and law in avoiding the mischiefes dammages oppressions and grievances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to bee kept as lawes of the Realm though that thorough sufferance and negligence any thing should at any time be attempted to the contrary For whereas before the statute of Caerlile the Bishop of Rome had usurped the Seignories of such possessions and benefices as whereof the Kings of the Realme Earles Barons and other Nobles as Lords and Avowes ought to have the custodie presentments and collations King Edward the first by assent of the Earles Barons and other Nobles and of all the communaltie at their instances and requests und without mention of any assent of the state of prelacie in the said Parliament holden at Caerlile ordained that the oppressions grievances and dammage sustained by the Bishop of Romes usurpation should not from thenceforth be suffered in any manner And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile did afterward in the time of King Edward the third daily abound to greater dammage and destruction of the Realm more than ever before and that by procurement of Clerks and purchasers of grace from Rome 31 Ed. 5 sta of â—â—ering the said King Edward the third by assent and accord of all the great men and commons of this Realme and without mention of any assent of Prelates or Lords spirituall having regard of the said Act of Caerlile and to the causes conteyned in the same to the honour of God and profit of the Church of England and of all this Realme ordained and established that the free elections of Archbishops Bishops and all other dignities and benefices elective in England should hould from thenceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords And in divers other statutes made by King Edward the third it is said that our soveraigne Lord the King by the assent of the great men and all the Commons hath ordained remedie c. That it was accorded by our Soveraigne Lord the King the great men and all the commons 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours
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
lawes doe uphold the state and authoritie of the Convocation house for the examination of all causes Matters of religion not concluded in parliament before the same bee consulted of in convocation of Religion surely it cannot be truly averred that it is necessarie for Evangelicall Bishops to be members of the Parliamenthouse lest controversie of Religion should bee handled and discussed without them For how should any matter of religion bee concluded without them in Parliament when first of all the same is to be argued among themselves in convocation Or let them hardly if they can shew any one instance of any change or alteration either from religion to superstition or from superstition to religion to have beene made in Parliament unlesse the same freely and at large have beene first agreed upon in their Synodes and Convocations And what booteth it then to have a double or treble consultation and consent of Archbishops and Bishops in parliament Is the holy cause of God any whit bettered by their Bishops riding from Pauls to Westminster Or can it receive any more strength by their walking from Westminster Church to Westminster palace Nay it hath beene often times so farre from being promoted by their bishops as not only in their convocations but also in the Queenes parliaments the same thing hath beene shamefully intreated and taken the foyle as may witnesle the bill for the better observation of the Sabboth 27. Eliz. which being passed by both houses of parliament was notwithstanding gainesaid and withstood by none so much as by certaine Evangelicall bishops and which as there all men generally conceived was only stayed from being made a law by the Queene upon their counsell and perswasion ADMONITION Pag. â—8 It hath beene alwayes daugerous to picke quarrels against lawes setled ASSERTION And is it not morbus haereditarius in Prelates to pick quarrels against reformation of errours For even this did Stephen Gardener Stephen Gardeners argument and the adâ—onitors argument in effect one reason against the Lord Protector That in no case saith Stephen Gardener is to be attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein K. Henry left it may be and is like to be dangerous to the Lord Protector and to baeed troubles to the whole Realme Therefore innovation of Religion from the state that K. Henry left it is in no wise to be attempted And even of this stamp and of this streyne is the argument of pickking quarrels against laws setled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the King and Parliament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may be dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to be brought into the Church by the King and Parliament But forasmuch as that noble and religious Lord Protector notwithstanding Stephen Gardeners sophistry continued constant and couragious in the abolishment of popery and superstition which king Henry left and did without dangerous alteration of laws then setled innovate religion How much more now may the Kings Majestie the Lords and Commons in Parliament attempt with effect an innovation of that state of Ecclesiasticall government wherein the Queene left the Church And if it cannot be denyed but it had beene far more dangerous for the Realm and for the Lord Protector not to have setled the holy doctrine of the everlasting Gospell by Lesse danger to reforme the Church â—y nâ—w lawes than to câ—ntinue corruption by old laws new lawes than to have maintained and continued antichristianitie by old lawes how should it be lesse danger for the king in these dayes to continue corruptions in the Church by toleration of old lawes than to have the same corruptions reformed by establishment of new lawes But unto whom or unto what hath it beene dangerous to pick quarrells against lawes setled Wha hath it beene dangerous to lawes setled No. For how should lawes setled be indangered by quarrelers sithence quarrellers are evermore in danger of lawes setled Or hath it beene alwayes dangerous for a king for a State for a people or for a Countrey to pick quarrels against lawes setled No. For what man is he or what face carrieth he that dare upbraid a countrey a people a State or a King minding to unsettle evill lawes and evill customes to be quarrellers against lawes setled Let it then only be dangerous for private persons upon private male-contentment to pick quarrels against good lawes well and rightly setled and let it not be hurtfull or dangerous for supreme Kings powers and principalities by publike edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Stephen Gardener is but a quarrelsome and wrangling argument ADMONITION If this government whereof they speake be as they say necessary Pag. 78. in all places then must they have of necessitie in every particular parish one Pastor a company of Seniors and a Deacon or two at the least and all those to be found of the parish because they must leave their occupations to attend upon the matters of the Church But there are a number of Parishes in England not able to finde one tolerable Minister much lesse to finde such a company ASSERTION This argument seemeth to be drawne from kitchin profit and is but a bugbegger to scarre covetous men from submitting their necks unto the yoke of that holy discipline which our Saviour Christ hath prescribed and which the Admonitor himselfe confesseth to have beene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argument worthy That seniours and Deacons should bee found at the charge of the Parish is absurd to be examined though in it self the same be very untrue and absurd For who did ever fancy that a Pastor a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leave their occupations to attend upon the matters of the Church Why there be many hundreds of parishes in England wherein there dwelleth not one man of an occupation And what reason then or what likelyhood of reason was there to father such an absurd necessitie upon the Church As for the necessitie of having one Pastour in every partilar parish and of his finding by the parish because it is his duety to attend upon reading exhortation and doctrine although he bee no man of occupation this I say is agreeable and consonant to the government of the Church practised by
Seniour or Deacon Therefore much lesse shall every Parish be burdened to find a company of Seniours c Where the Admonitor complaineth that many parishes are not Tolerable and intolerable Ministers able to finde one tolerable Minister we would gladly learne by what brand tolerable Ministers are knowne from intolerable Ministers according as the Lords spirituall judge or judge not of tolerable and untolerable Ministers For if all reading Ministers as needes with them they must bee or else why doe they tolerate them bee tolerable Ministers what a vaine and idle distinction hath hee coyned touching the scarcitie of maintenance for tolerable Ministers Considering all Ministers by intendment of law bee able to reade and considering also a very small maintenance is esteemed to bee a tolerable maintenance for reading Ministers For else why doe the great Bishops in their great Churches of Commendams and the rich Doctors in their rich Churches of non residencies make so small allowances to their reading and stipendarie Curates And where then is that parish in England that is not able to maintaine a tolerable Minister ADMONITION The next Argument that the people might not choose their Pastours Pag. 78. Elders and Deacons as is required is drawne partly from a feare that the same will be a matter of schisme discord and dâ—ssenâ—ion in many places partly from affection and want of right judgement of the people partly from the unrulinesse of the Parishes and partly from the broyle and trouble which may follow ASSERTION Vnto this objection if I should answer nothing at all but only should The objection of feare c. answered deny that any feare or any other inconvenience at all pretended in this place is to be feared to ensue my simple negation were more to be tolerated than his simple affirmation for by the canon Law non inficienti sed ponenti incumbit onus probandi And yet because Doct. in â—si cui de prebâ—â—â— the Lord hath spoken unto Iosua and in him unto us all that wee should not feare nor be discouraged to observe and to doe all that is written in the law for then sâ—ith the Lord shalt thou make thy way prosperous and then shalt thou have good successe therefore in the word of the Lord I say that none of all this feare broyle trouble or turmoyle is to be feared at all Nay that it is most assuredly and without all doubt to be hoped and looked for that he would so blesse the attempt of putting this order in execution as that the peoples approbation and allowance of their Ministers should be a matter of all peace quietnesse unitie concord good successe and prosperitie to the whole Church of God in England For what an heathenish incredulitie were it for us to reply upon the erroneous conceit of a timorous and suspicious fancy that feare and I wot not what unrulinesse and unquietnesse shall follow when wee receiving the lawes of peace from the Prince of peace have his most stable truth that his peace shall rest upon us and that all feare and evill successe shall cease and vanish away No busie headed body therefore shall be able to leade any man away to disquiet either Church or common wealth otherwise than as the Church in all ages by the malice of Satan and his instruments hath evermore beene disquieted if once the holy law of the Gospell touching this point were observed and put in ure And if it be feared that the choice to be made by the people of God and which is allowed unto them by the holy laws of God would prove to be a matter of schisme discord and dissention how much more reason have we to feare that the fiâ—e of schisme discord and dissention being blowen already should not breake out and fame among us if still one man alone be suffered to thrust upon the people of God not tolerable Ministers according to Gods heart but intolerable Ministers according to mans tradition The Admonitor hath insinuated unto us often in his Admonition that it is dangerous to innovate And so I say too unlesse there be evident â—â—de constitu prim L. 2. utilitie of innovation For saith the Emperour in rebus novis constituendis evidens esse utilitas debet ut ab eo jure recedatur quod diu aequum visum est But is it not as perillous yea sometimes much more perillous not to innovate for proof whereof it shall suffice to take witnesse of our owne times and of our owne experiences It seemed equall a long time and for many yeares that the Sacrifice of the Masse with all the pelf and trumperie thereof should not once be Dangerous to innovate unlesse ther be evident utilitiâ— of innovation spoken against But we all know that the abandoning thereof hath not yet brought any perillous subversion upon any nation that purely and soundly in place thereof hath embraced the holy sacrament of the Lords Supper It seemeth also to be equall for many ages past that the Bishop of Rome might have supreme and absolute power over all persons states and causes not onely in Rome Italy Spaine Germany and other forraigne kingdomes but also in England and Scotland But as yet to the view of all the world it hath not proved perillous for the King and Queene of England and Scotland to establish new laws for the alteration of that ancient abuse And why hath it not been dangerous so to do Why forsooth because there was evident utility in doing of it But how could an evident utilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedome the power and the truth of God in his word discerned a far off that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning poperie out of the Realme did not institute any new religion but onely they restored the old Now then if a same holy law of God do condemn the choice and thrusting of the pastour upon the people by one man alone and again it the same Law doe impugne the primacie of one pastour over all Pastours as well in a Diocesse or Province as in the whole West part of Christendome what danger can it be not to disfranchise the one sithence without any manner of danger we have abolished the other or what perill can it be not to countenance the sonnes sithence without perill we have discountenanced the father Especially seeing in this place of the admonition wee have a plaine confession that the common manner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schism discord and contention did commonly appeare in the old Churches while that manner of election did continue then by his owne mouth Common manner of elections in the old churches was by the people that manner of election
and contained in the Scriptures that infants must bee baptized neither is it expressed and contained in the Scriptures that the bishop of Lichfield must have but one wife Yet because it is contained in the Scriptures that God in the beginning brought but one woman unto one man and gave to one woman but one husband I assure my selfe it will not be denyed but that the bishop must and doth content himselfe with one wife and that every Christian ought to bring their children to be baptized Besides if Master Bilson distinguisheth bishops in England from pastours in England and Archbishops in England and Pastors in England two severall orders and degrees of Ministers in the Church of England then I grant that it is neither expressed nor contained in the Scriptures that the people must choose their bishops in England And why but because the Scriptures having put no difference betweene bishops and pastours know no such bishops as we have in England And therefore bishops Bishops in England are only Bb. by the Kings grace and not by divine institution in England being bishops only by the Kings grace and not by divine institution and ordination as pastours in England be hence is it that the Kings of England by their prerogative Royall and not the people by the rule of Scriptures have chosen their bishops in England And for this cause also was it that K. Hen. 8. with advice of the Parliament did resume the nomination appointment investiture and confirmation of his Kingly bishops from the pope As for the nomination of pastours having cure of soules in parishes otherwise than all patrons by right of patronage doe give presentments their choise institution translation oâ— deprivation the Kings of England by their Pastours in parochiall Churches were never placed by the King as Bb. are in their Bishopricks regall power never yet hetherto tooke the same upon them And if the Kings of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their pastours what right other than by usurpation can the bishops have to impose or thrust upon the people pastours without their liking But by custome and consent the people have restrained themselves Hereunto if it were not alreadie sufficiently answered that the people could not lawfully restraine themselves yet Master Bilson himselfe answereth That the late bishops of Rome never left cursing The people lost their consent by cursing and fighting of the Popes and fighting till they had excluded both prince and people and reduced the election wholly to the Clergie By cursing and fighting then have the people beene overruled and excluded and not by custome or consent have they restrained themselves Yea and by vertue of this cursed fight only doe the Bishops of England at this day exclude both Prince and people from medling in the choise of pastours For by authoritie of the canon law made by those late cursing and fighting Bishops of Rome the bishops of England have the sole ordination and placing of pastours over the people And from hence also it is plaine that the peoples right was not by their default or abuse relinquished and forfeited For then the late Bishops of Rome needed not to have cursed and fought for it And now whether it be not meet that the Lord Bishops professing themselves to be Christian bishops should still retaine in their hands and not restore unto Christian people the possession of their Christian equitie and freedome extoâ—ted from them by the cursings and fightings of antichristian Bishops I leave it to the consideration of the reverend bishops themselves Touching the mischiefes and inconveniences of schismes troubles strifes and contentions so often inculcated and so much urged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any ancient or late historie that any king or Soveraigne power hath interposed any supreme authoritie to appease any discord or dissention ensuing or raised upon the bare choise made of any meere parochiall pastour by any faithfull and christian people The schismes strifes and factions that were raised in the old churches sprang out and slowed onely Schismes and contentions spring from schismaticall and proud clergie masters from the heads and fountaines of those schismes strifes and factions and namely from proud ambitious and hereticall bishops and great clergie masters For they being infected and poisoned with the contagion of schisme and heresie and having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no marvaile if the people became followers of the evill manners of their teachers and no marvaile if they verified the proverbe Like master like man like Priest like people Eustatius Bishop of Antioch being a Sabellian heretike was deposed by the Councell of Antioch after whose deposition a fierie flame of sedition was kindled in Antioch Socr. 1. c. â—â— because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius bishop of Nicomedia and Theognis bishop of Nice being both Arians with their confederates raised skirmishes and tumults against Athanasius after the death of Alexander bishop Socr. l. 2. c. 2 of Constantinople about the election of a bishop there was greater stirre than ever before time and the Church was more grievously turmoyled The people were devided into two parts the one egerly set with the heresie of Arius clave to Macedonius the other cleaved very constantly to the decrees of the Nieene Councell and choose Socr. l. 2. c. 4 Paulus to be their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was charged with the studie of the Mathematickes and accused of Socr. l. 2. c. 6 the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their bishop the Arians chose Macedonius The authors and chiefe doers in that stirre were certaine Arian bishops who before aided Eusebius that turned up side downe the whole state of the Church These Socr. l. c. 9 and sundry such like sturres discords factions and dissentions are found to have beene raised and pursued by schismaticall and hereticall bishops their favourites and followers in the old Churches but that these or the like mischieves and inconveniences can be proved to have fallen out by the election of Parochiall pastours in the old Churches we deny And why then should not the interest and freedome of faithfull and Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreat the Lords bishops that against the grounds of reason and nature against Christian equitie A â—equest to the â—everend
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
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
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
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
company of him so excommunicated And for that cause also should excommunicate them as is here supposed lawfull to bee done were it not a cleare case that the body of that Church must now bee taken to consist only in the person of the Ordinarie and one member to become the whole body For if all under his jurisdiction were once excommunicated how could then any be in communion with him And if they all were once excommunicated must not the Ordinarie then alone be the common union and so make a communitie And what a deformed kind of excommunication then is that kinde of excommunication whereby it may fall out that to be one is to be many and that to be a Church a companie a societie and a fellowship is to be one of which nature and of which kind that manner of excommunication which by Pastours and Elders is to bee executed cannot be as hath already beene proved If then excommunication now used bee a deformed kind of discipline and therefore as we say to be no more tolerated and if excommunication by Pastours and Elders be a kinde of discipline for the inconvenience thereof as he saith not to be planted what manner of discipline by excommunication The Admonitor would have no excommunication at all would he have in these dayes trow we would hee have none at all verily I suppose none at all For so doe his words plainly insinuate by two reasons following First saith he the loosenesse of these dayes require discipline of sharper lawes by punishment of bodie and danger of goods which they do and will more feare than they will excommunication Secondly wee have saith he a good manner of discipline by the Ecclesiasticall commission which doth much good and would do more if it were more common But why did he not speake plainly and why did hee not affirme devoutly that discipline by excommunication was good where the Church was in persecution and that it is not necessarie nor so convenient under a Christian Magistrate as it may be otherwise For if Pastors and Elders were appointed joynt officers only for times of persecution and not to be under Christian Princes it followeth these joynt officers ceasing that all accessories appendices and consequences of their joynt offices must also cease unlesse it can be proved out of the holy Scriptures that the offices of Pastours ought still to continue and that the Offices of Elders ought not to continue because the offices of Elders with all their appendices have beene translated by our Saviour Christ unto Archbishops Bishops Archdeacons their Chancellours Commissaries and Officials For unlesse these Officers be Christs Officers the discipline which they use cannot bind the consciences of the people of God And for this cause is it very probable that he so commendeth discipline of sharper lawes and discipline by the Ecclesiasticall commission For if these officers by their discipline have not to do with the consciences of men then is it no marvaile that men feare not their discipline And therefore if they will be still officers it is requisite that they call for such a discipline as might cause men to stand in awe of their authoritie But were they indeed the officers of God and had they indeed the authoritie from God to execute discipline by excommunication as Pastours and Elders did in the Primitive Church then were the loosenesse of this age never so great yet that the children of God in England would more fear the losse of goods lands bodies or lives than the censure of Gods officers is one of the Admonitors paradoxes And here I appeale the consciences of all the reverend Bishops and Prelates in the land and let them answer me hardly if they judge themselves to bee the children of God and had seven times seven thousand lives whether they had not rather seven thousand times be committed to the Goaler of Winchester than once be delivered over to the Goaler of Hell And are not all the children of God in England their brethren And are they not all led by one and the selfe same spirit And how then can they lesse feare excommunication which is a deliverie of the soule to Sathan than the punishment of body and danger of goods And yet touching this point of Excommunication hee seemeth to be against himselfe for in the 137. page he telleth us that happily it may be a fault yea and a great fault that is found with the bishops in these dayes that they doe not excommunicate the Prince and Rulers and so constraine them to doe that which by perswasion they will not doe If then excommunication bee so terrible to Princes and Rulers how should it be of so light account with subjects And if it be so powerfull as it can constraine Princes and Rulers to doe their duties how much more fearefull would it bee to compell inferiours and men of low estate to live soberly in their vocations I will not here debate the matter touching rhe excommunication of Princes and Rulers much lesse touching the excommunication of the Prince and Rulers of our land But I would gladly be informed what they were or who they be that found great fault with the Bishops in these dayes for not endeavouring to excommunicate the Prince and Governours The Papists they thinke it sufficient that the Prince and Governours be excommunicated by the Pope and his Clergie The Ministers and people professing the Gospell and seeking for reformation of excommunication deny the Bishops to have any divine power granted by the Word of God to excommunicate a private man much lesse doe they thinke it lawfull for them to excommunicate the Prince and Rulers Who then I say find fault with the Bishopâ— that they do not excommunicate the Prince and Governours and so constraine them to do that which by perswasion they will not doe For my part I cannot ghesse whom he should meane unlesse he meant to give us to understand that some Prelatists have consulted about the excommunicating both Prince and Governors for not making sharper Lawes against such as whom the Prelates and their favourites have falsly slandered to be pestilent fellowes movers of sedition enemies to Caesar troublers and subverters of the state Act. 24. 5. Act. 1. 16. 20. 17. 6. Puritans and I wot not what chiefe maintainers of the sect of the disciplinarians unlesse I say he should mind some such Prelatists I can not ghesse any subjects within the land to bee so undutifull as to find fault with the Bishops for not attempting to bring our Late Soveraigne Lady the Queene deceased to their excommunication And therefore to enforme the people of an Author and not to bring him forth it argueth and breadeth great suspicion that Excommunication toucheth them onely which make profession to be of the Church the enformer was the Author himselfe Touching the loosenesse of some or of all in these dayes that are without the Church if hee intend that they require Discipline of sharper
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
English Bishop having obtained his congedelieâ— oath Proh Deum dedine ego tot millia Florenorum pro volo Episcopari jam debeo dicere nolo or as was the answer of that English Bishop who having promised a Courtier one annuitie of twenty pound during his life out of his Bishopricke if hee could procure the speedy feâ—ling of his congedelier within a while after when it was sealed he rapt out an oath and sware by Jesus God that the same Gentleman had done more for him than an other great Courtier who before hand for that purpose had received from him one thousand markes But whether all Bishops buy their congedeliers dearer or better cheape is not a matter incident to this treatise only if they buy deare they may happily thinke with themselves that they may sell deare vendere jure potest emerat ille prius setteth not any price upon any wares in the Royall Exchange But to return The manner of the administration of spirituall Iustice in the Church by Prelacy to our purpose whence by occasion of those Bishoply oathes and answers we have a little digressed let us see what is the manner and forme of the administration of spirituall justice in the government of the Church by Prelacy as the same is ordinarily administred in all places throughout the Church of England Wherein that wee be not mistaken it is to be understood that the manner of administration of justice whereof we speake is that administration of justice only which respecteth the punishment of crimes Ecclesiasticall to bee inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistory proceed from the judgement and authority of the Bishop alone if he be present or from the sentence and power of his Vicar generall or Commissary alone and if he be absent Nay doth not every such censure likewise in the Archdeacons consistory procâ—ed from the sole authority of the Archdeacon or if hee bee absent from the sole authority of his officiall But if the like course of the execution of Justice as this is cannot bee found to bee an oâ—dinary course of Justice in the Common-Weale where Justice is administred in criminall causes by the Ministery of a subject I would faine learne what prejudice may bee feared to redound unto the Common Weale if the administration of spirituall Iustice after a sort were established to bee after the same manner in the Church after which civill Iustice is already practised in the Common-Weale I said after a sort to this end least I should bee mistaken For the meaning is not that spirituall Iustice should be ministred exactly in No one subject in the Common Weale can alone exercise civill justice in causes criminall every respect after the manner of civill Iustice but the comparison standeth onely in this that as not any one temporall subject alone hath authority to heare to examine and to judge any one criminall cause in any Court of civill justice in the Common-Weale so likewise that any one spirituall person alone should have authority to be examiner and judge of any one criminall cause in any Court of spirituall Iustice in the Church For if certaine principall and godly persons associated unto a learned and zealous Pastor in the presence and with the consent and authority of the people of every Parish did enjoyne penance suspend or excommunicate a spirituall The administration of spirituall Iustice by pastors and Elders agreeable to the execution of civill justice in the Common-Weale Master D. Bancroft what his assistants Letter able to represse puritans in one parish D. Stanhope alone to represse all in a Diocesse offendor were not this forme of administration of spirituall Iustice more consonant agreeable and conformable to the daily execution of civill Iustice in the Courts of the Common-Weale than is the administration of spirituall Iustice by the Bishop alone or by his Vicar generall alone in his Consistory and to make this matter more familiar in the mind of the Reader for an instance or two let us suppose that Master Doctor Bancroft Parson of S. Andros in Holborne had chosen Master Harsnet to be his Curat and withall that Master Dodge Master Mercury Master Flower and Master Brisket all chiefe attendants on his late great Lord and Master were inhabitants within the same Parish and thâ—t the chiefe men of the same Parish had chosen those to be assistants to him and to his Curat for the inquisition of the demeanours of all the Puritans and Precisians within his Parish let this I say be supposed would not hee and they trow we thinke it a high scorne and an indignitie to be offered unto their Masterships in case it should bee insinuated that Master Doctor Stanhope were better able with one little blast of breath upon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London than these great Chapleins and discreet Gentlemen with their thunderings and with their lightnings were able to fright the same out of one poore Parish in HOLBORNE And againe to make this matter yet a little more familiar to the minde of the Reader let us suppose again that thundering Master Merbury now Lecturer in the Church of Saint Mary Overis were Pastor of the same Church and had to be his assistants in the Ministery but simple M. Butterton and that they two for the Elders of the same Church to be chosen by the Parish had such and such and such men lovers of all honesty and godlinesse and enemies unto all dishonesty and ungodlinesse could not these learned and grave Ministers with the assistants of such wise and godly Borough-Masters bee as well able to reforme Papists Atheists Swearers prophaners of the Sabbath drunkerds adulterers and such like within the Borough of Southwarke as is Master Doctor Ridley to bring to any good amendment of life all such kind of persons within the whole Diocesse of Winchester If the examination and judgement of all theeveries pickeries burglaries robberies murders and such like were committed to Master Dâ—ctor Ridley alone for the Diocesse of Winchester and to Master D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shortly have an hundred And therefore to hold us still to the point in question it is very plaine and evident that this manner of spirituall justice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill justice in the Common-Weale than is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of London or by the Bishop of Winchester For to begin with our meanest and basest Courts let them shew unto us any Court Leete Law-dayes Matters in Leets and Law dayes not overruled by one alone or Sheriffes turnes within any County City Towne Borough Village or Hamblet within the Realme wherein
intreate our most gracious Soveraigne Lord the Kâ—ng that where in any parish there shall bee found a learned preaching Minister resident upon his benefice that there be would be pleased by his authoritie royall under the broad Seale to enable him and some other godly and faithfull Knights Esquires Gentlemen Citizens Borough-masters or other chiefe men of the same parish to execute spirituall justice against drunkards adulterers swearers railers and such like ecclesiasticall offenders inhabitants only within the same parish For in this case we say as the reverend Bishops say bonum quò communius eo melius If any exception should be taken or challenge made scoffingly and with scornfull termes against these lay parochians as hereto fore hath beene used against lay-Elders or lay-Aldermen No exception to bee taken against lay Elders to be authorized by the king in every parish sithence the King authorizeth lay-Elders in ecclesiasticall commission as they call them let him that taketh such exception advise himselfe well and remember before he speake that in speaking he controle not the policie the practice the wisedome and the authoritie of our late Queene deceased and of our Soveraigne Lord the King now raigning who authorized and doth authorise lay men to bee Ecclesiasticall commissioners Which kinde of lay men or lay Elders as they call them that they have joyned in the exercise of the chiefest censure of the Church viz. excommunication with Ecclesiasticall persons hath beene already proved by the sentence of excommunication pronounced against E. by Master W. and his associates whereof divers were lay men Againe if one lay Elder dwelling at Winchester may call and associate unto himselfe one Ecclesiasticall Elder dwelling at S. Georges in Southwarke to excommunicate any parochian or Minister subject unto the Archdeacon of Surrey in what parish soever of the same jurisdiction the partie shall dwell if it be lawfull I say for every Ordinarie to joyne one lay Elder and one Ecclesiasticall Elder Discipline of excommunication exercised by one lay Elder and one Ecclesiasticall Elder together in commission the one to pronounce sentence of contumacie the other to denounce sentence of excommunication for every spiritual contumacie committed within his jurisdiction what reason can any man pretend why it should not be much more lawfull for the King by his Royall authoritie to appoint a learned and preaching Pastour with the assistance of some companie of faithfull inhabitants of the same parish to exercise all manner of spirituall justice within their owne parish If the King shall stand in doubt whether any Discipline by excommunication bee exercised after this and this manner in the Church of England then to put his highnesse out of all doubt hereof may it please the King to consider the precept of the reverend Bishops made in their convocation together with the practice of the venerable Archdeacon of Surr. following The precept is this Vnusquisque Vicarius generalis Officialis seu Commissarius qui ordines ecclesiasticos non susceperit eruditum aliquem presbyterum sibi Arriculo pro Clero c. de buibusdam circa excom excessib coercend 1584 accerset associabit qui sufficienti authoritate vel ab ipso Episcopo in jurisdictione sua vel ad Archidiacono presbytero existente in jurisdictione sua munitus idque ex praescripto judâ—cis tunc praesentis excommunicationis sâ—ntentiam pro contumacia denunciabit Every Uicar generall Officiall or Commissarie which hath not taken upon him ecclesiasticall orders shall call and associate unto him some learned Presbyter who being armed with sufficient authoritie from the Bishop in his jurisdiction or from the Archdeacon being a Presbyter in his jurisdiction shall denounce and that by the prescript of the judge present the sentence of excommunication for contumacie Now the manner of the practice of this precept ensueth in D. Hones practice of the Bishops aâ—â—icle these words Iohannes Hone legum Doctor Officialis venerabilis viri domini Archidiaconi Surr. omnibus singulis rectoribus c. salutem Cùm nos rite legitime procedentes omnes singulos quorum nomina c. in noÌ„ comparendo coram nobis c. seu saltem in non satisfaciendo mandatis nostris c. pronuncia verimus contumaces ipsoque c. excommunicandos fore decreverimus Cumque discretus vir magister Roul Allen presbyter eosdem omnes singulos subscriptos ex officio nostro excommunicaverit in scriptis justitia id exigente vobis igitur committimus c. quatenus eos omnes c. sicut profertur ex officio nostro mero excommunicatos fuisse esse c. palam denuncietis c Datum sub sigillo officialitatis nostrae 19. Die Decembris Anno Domini 1587. John Hone Doctor of the Lawes Officiall of the venerable man and Archdeacon of Surr. to all and singular persons c. greeting Whereas we otherwise rightly and lawfully proceeding all and singular whose names are under-written in not appearing before us or at least-wise in not satisfying our mandates have pronounced contumacious and decreed them to be excommunicated And whereas also the discreet man M. Rowland Allen presbyter one of our office hath excommunicated all and singular under written justice so requiring wherefore wee charge you that openly you denounce and declare them and every of them so as aforesaid out of our office to bee excommunicated Given under the seale of our officialitie The 19. day of December 1587. By this practice it doth appeare that Doctor Hone and Rowland Allen canvaced many poore men very piteously and that this poore curate Rowland Allen had a warm service to attend upon D. Hone and to jerk those whose points soever hee shall untie But because this precept was an article concluded upon by the reverend Bishops in their convocation and confirmed as I suppose by the Royall authoritie of our late Queene wee will forbeare to speake what we thinke might justly be spoken against the incongruitie thereof Only this without offence to the reverend Bishops wee may safely demand sithence every ordinarie whether he be a Bishop or a Presbyter by this article of their owne device hath such an absolute power resiant in his person as that thereby thorowout his whole jurisdiction he may thus commit the execution of Discipline by excommunication partly to one lay person and partly to one ecclesiasticall person partly to a supposed spirituall elder and partly to a Lay elder sithence I say this is so we may safely demand what reason they can produce to hinder the King from having authoritie to command three or foure The K. hath as good right to command excommunication to be exercised by a Pastor Elders as the Bb. have to commit the same to a Curate one lay Elder or if occasion serve five or six lay elders as they call them and one spirituall pastor being a true spirituall elder in deed all lawfully chosen ecclesiasticall Officers in the house of God that
they joyntly should not execute the discipline of Christ viz. excommunication and other censures of the Church in every parish within his kingdome If it bee answered that in this case the Presbyter alone doth excommunicate is it not as if one should say that the executioner doth give judgement when at the commandement of the Judge he smiteth off the head or casteth downe the ladder or may not as much be said for the execution whereof we speak that the Pastor only should excommunicate when by vertue of his office with the consent and not by the prescript of the elders associated unto him he should declare and pronounce the partie to be excommunicated but let it be granted that Rowland Allen denounceth the lesson which is written in the paper for him to read yet it is cleare by the precept that the same must bee done by the prescript of Doctor Hone Besides Doctor Hone he citeth he precognizateth the parties and they being absent hee pronounceth them contumaciter absentes and in poenam contumaciarum suarum hujusmodi decreeth them to bee excommunicate and are not all these necessarie parts incident to the execution of discipline by excommunication And how then can the Minister bee said to excommunicate alone when Doctor Hone of necessitie must play three parts of the foure without all or without any one of which parts the excommunication by reason of a nullitie is meerely voide Againe the Act being done as it were uno puncto ac uno halitu and Rowland Allen and Doctor Hone having their commission from the Archdeacon in solidum how can their judgement be divided Furthermore to say that Rowland Allen doth excommunicate by the authoritie of Doctor Hone were to overthrow the intendment of the article Because by the scope of the article it is plaine that the presbyter to be associated to the officiall must only derive his authoritie from one who hath taken Ecclesiasticall orders But those orders Doctor Hone never tooke otherwise Rowland Allens presence had been unnecessarie and superfluous And therefore if the excommunication bee of any validitie then is discipline by excommunication in the Church of England exercised partly by our lay-Elder as they call him and partly by one Ecclesiasticall Elder wherein againe it is worthy the observation for the matter we have in hand that D. Hone a meere lay and temporall man hath authoritie from the Archdeacon to call and associate unto him and to prescribe R. Allen a Presbyter and an other mans hireling Curate in Southwarke to excommunicate not only the Parochians of an other Pastors charge but any other Pastour whatsoever subject to the Archdeacons jurisdiction And hath not the Kings highnesse then as good right as great a priviledge and as high a Prerogative to command Master Doctor Andros or Master Doctor King and lay Elders by a lawfull election to be associated unto either of them to excommunicate either of their owne parishioners for publike drunkennesse or other notorious sinnes committed in their owne parish For if it be lawfull at the voice of a lay stranger that an hireling and stipendarie Curate should chase an other mans sheep out of his owne fold how much more is it it lawfull that a true shepheaâ—d should disciplinate his owne sheepe feeding and couchant within his own pasture and within his owne fold Furthermore touching the admittance of governing Elders or lay Elders as they call them unto the Minister of every congregation according to the former pattern of one lay Elder that the same is not a matter so strange for lay men to bee joyned in this charge Lay men appointed by the Queenes injunctions to execute some part of discipline of ecclesiasticall government as the opposites beare us in hand to bee it shall not be amisse to call unto their remembrances one of our late Soveraigne the Queenes injunctions whereby certaine lay persons called overseers were commanded to be chosen by the ordinaries in every parish for the better retaining of the people in obedience unto divine service In every parish saith the Injunction three or foure discreet men which tender Gods glory and his true religion shall bee appointed by the Ordinaries diligently to see that all the parishioners duely resort unto their Church upon all Sundayes and holydayes and there to continue the whole time of the Godly Service And all such as shall be negligent in resorting to the Church having no great or urgent cause of absence they shall straightly call upon them and after due admonition if they amend not they shall denounce them to the Ordinarie Thus farre the injunction Which that it is not meant of the Church wardens appeareth by the very next article for unto them as is assigned an other name so also another office That sidemen also are not these kinde of overseers is plaine in that they be neither so many in number as are here required neither chosen by the Ordinaries neither yet doe they admonish and denounce according to this article Wherefore because it is meet that the effect of this injunction being religious should be put in due execution it seemeth a thing very reasonable and much tending to the honour of the King that his Highnesse under his letters patents would bee pleased to appoint three foure or more discreet and faithfull persons in every Parish not only to performe the effect of this article but also generally to oversee the life and manners of the people that without great and urgent causes they resort not unto Typling-houses or houses of evill note and suspected fame and that upon the Sabbaths they use no heathenish dancing about their disguised May-poles And after due admonition if they amend not to denounce them to the Pastor of the place For then might the Pastor Book of the form of ordeining Priests be encouraged to give his faithfull diligence as at the time of his ordination he solemnly promiseth unto the Bishop alwaies to Minister the Doctrine and Sacraments and Discipline of Christ as the Lord hath commanded by which words inserted it the booke there is a plaine and open confession made by all estates in Parliament that Christ hath not only established discipline but a certaine forme of discipline in his Church and that the pastour to whom Every Minister ought to minister the discipline of Christ in his owne cure by consent of Parliament the care and charge is committed to teach the people ought to minister the same discipline For it had beene a very absurd part for the Parliament to appoint the Bishop to receive a promise from the Ministers to minister the discipline of Christ if Christ had not instituted a discipline or that the same discipline which he instituted had not in their judgements belonged unto the Minister And therefore this very letter of the booke convinceth the whole answer made unto the abstract touching this point to be very erroneous frivolous and impertinent to the point in question For
Bishop then having these two severall and distinct offices imposed upon his person the one by divine the other by humane Law the one humane and Episcopall the other without pomp and pastorall there ariseth from thence this question by which of those two functions hee may lawfully I meane according to Gods Law minister the Doctrine Sacraments and censures of Christ If it bee answered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacraments and by force of his humane Episcopall office to minister the censures of Christ then is not the answer fitted to the question the same being made à bene conjunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simply of divine ordinance it must follow if his Episcopall power be onely of humane right and pastorall power be onely of divine institution that the censures may bee ministred by authority derived onely from man but the doctrine and Sacraments by power derived onely from God Which commixion of divine and humane right in the execution of the ordinances of God can no manner of wayes be sound pure and sincere and therefore also can not be pleasing unto God For no more can the censures of Christ to the pleasure of God be lawfully administred by the authoritie of any one whose function is of man and not of God than could the sacrifice of God bee offered by one who was a priest of man and not of God Now that humane Episcopality or Bâ—shoppisme in the Church of England is authorized and deduced from Lordly Episcopality authorized only by the Law of the Realme the power and Law of man viz. of the King and Realme alone is evident as well by the donation and endowment of the Bishoprickes founded by the Kingly Prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishopricks of Chester Gloucester Bristoll Peter borough and Oxford with their Cathedrall Churches Seas Cities meeres and bounds of those humane Bishops for the exercise of their Episcopall administration according to act of Parliament authorizing the Kings Highnesse to make Bishops by His Letters Patents Nay further that humane Episcopall Note that King Henry the eight by letters Patents made Bish therefore c. 31. H. 8. c. 9 jurisdiction within the meres and bounds of every Diocesse within England is meerely of humane and not of divine institution appeareth by that power and authority which the King hath in translating and dissolving of Bishopricks in conserving Episcopall jurisdiction sometimes to such persons as be no Bishops as did William the Conqueror when hee gave Episcopall power to the Abbot of Battaile and lastly by the very manner and forme of the nomination licence of Election and authority of investiture confirmation and consecration of Archbishops and Bishops established by the more positive Law of the Realme But if it bee answered 25. H. 8. c. 20 that the Bishop by his humane Episcopall power doth minister the Doctrine Sacraments and discipline of Christ then is the case worse with him than it was before because then not onely the Discipline of Christ but also the doctrine and Sacraments of Christ should bee ministred by that authority which is of humane institution Besides the answer should be untrue because the Bishop at the time of his consecration doth not receive any authority to preach the Word and minister the Sacraments for that authority was then committed unto him when first he was ordained to be a Presbyter But the authority which hee receiveth at the time of his consecration is to correct and punish such as bee unquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That Episcopall power in England is not of divine but of humane institution Especially for that by the Scriptures it can not be proved that there bee two severall and distinct formes of ordinations the one called consecration proper to a Lord Bishop for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the Word and Sacraments Whereunto lastly may bee added another maine reason that Episcopall power in If the Lord Bish have power to minister disâ—ipline by divine right then no more can he commit that his power to an other than he can commit the power which hee hath of preaching to another England to minister the Discipline can not therefore bee of divine institution because if it were of divine institution the Bishop could no more surrogate the same his Episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name than hee can depute them or any of them to minister the doctrine and Sacraments in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishop For the proofe hereof we shall not need to search any other authenticall record then the precept and the practice before intreated of For it is not said in the precept that the Presbyter being armed with authority from Christ but it is said that the Presbyter being armed with authority from the Bishop or Archdeacon shall denounce the sentence of excommunication the practice also of Doctor Hone every way confirmeth as much For therein Doctor Hone doth not challenge to be an Officer unto Christ but he saith that he is the officiall of the venerable Archdeacon of Surrey and that Master Rowland Allen Presbyter by vertue of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet neverthelesse he is a mediate officer depuâ—ed to his office by an immediate officer unto Christ viz. the Lord Bishop or Archdeacon then wee reply and say First that the Lord Bishop and Archdeacon be neither immediate or mediâ—te Officers appointed by Christ to bee ministers of his discipline Secondly if they were immediate officers from Christ that yet they have no authority by the Law of Christ to transfer their right or any part thereof to an other person in their name or by their authoritie to excommunicate As for these words viz. In Dei nomine Amen nos Iohannes Hone or nos Roulandus Allen c. sometimes used in their scedule of excommunication it is but a prophaning of the holy name of God whereby they make themselves guilty of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishops humane Episcopall power yea or no. But now on the other side because no divine censure can lawfully be executed in the Church by that authority
nor only the probate of Wills and granting of administrations but also the cognisance of Ecclesiasticall crimes with power to use the Ecclesiasticall censures Yea and this authority of the execution of Ecclesiasticall censures have those Deanes either long since by some papall priviledges obtained or else by long use prescribed against the Bishops Whereby againe it is cleerely convinced that Episcopall excommunication used in the Church of England is not of divine Institution but only by by humane tradition For were it of divine right then could the same no more bee prescribed or by papall immunity bee possessed than could these Deanes prescribe power or be enfranchised to preach the word or to administer the Sacraments These things have we thus at large and more fully intreaâ—ed of to the end that the Kings Highnesse and His Parliament and all sorts of people might well understand how it is not altogether an unusuall and unaccustomed thing in the Church of England that private and inferiour ministers as they call them in their owne right and in their owne parochiall Parishes without any authority from the Bishop should exercise even the highest censure of the Church And that in sundry places of the Realme there is no preeminence in the matter of the execution of the censures attributed to a Bishop above a Minister Nay which is more than is attributed to a Bishop No more prcheminence given to a B than to a Minister or to a lay man in some places for the use of excommunication above a Lay man yea than to such a lay man who is authorized onely by a lay man to his office Which is evident by Ecclesiasticall jurisdiction and censures exercised a long time by Lay men in the peculiar jurisdictions of Newton Gronbie Anstie Soke of Rothely Evington and other parishes and Hamlectes in the Countie Leycester The Officers of all which places for their spirituall authority having not had any other warrant than such only as hath beene signed sometimes under the hand and seale of the right Honourable the Earle of Huntingdon deceased sometimes of the Honourable Sir Henry Grey Knight sometimes of Henry Skipwith Esquire and sometimes of others For the avoyding therefore of sundry intolerable inconveniences which hetherto hath ensued for want of that authority which the Law setled doth enable every Minister with It is most expedient that all humane authority in the execution of spirituall censures bee utterly taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly Pastors with discreet Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and Primitive Church I had almost forgotten to speake of one common and usuall kinde of jurisdiction spirituall in the use of the censures of the Church by the Archbishops which in cases of their Prerogative they have prescribed against the Bishops over the Presbyters and people of every Bishops Diocesse and Archdeacons jurisdiction within their provinces of one other common and usuall kinde of pretensed spirituall jurisdiction and use of the censures which the Archbishop and sometimes the Deane and Chapter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of jurisdiction and censures so called of the Church which Suffraganes and Archdeacons have and doe use As touching which supposed spirituall power both of the Archbishops and Archdeacons because the same their power doth not only belong unto them jure consuetudinario non scripto by unwritten and not by written Law I must conclude against the jurisdiction of the Archbishops Prerogative and against the Archdeacons jurisdiction in all cases as out of St. Cprian King Henry the eighâ— concluded against the Pope viz That their authorities can not bee from Christ Because Christ said ego sum via veritas vita He never said ego sum consuetudo Touching the jurisdiction of the Deane and Chapter the papall Law being abrogated how the same may lawfully now bee used otherwise than by sufferance and consent of the King and Realme I know not But of all spirituall authority exercised at this day in the Church of England the same seemeth to draw most neare to the semblance of the government practised by the Apostles and Primitive Church And might be approved in many points if so be the Deane â—nd Chapter being as it were a Senate of preaching Elders did no more commit the execution of their Ecclesiasticall juridiction to the wisdome of one Vicar generall or principall officiall than they doe put over the leassing of their Lands or dividents of their rents to the only discretion of one of their Bayliffes or Stewardes As for Bishops Suffraganes in England and in Wales how many there may be and what Cities and Townes are to be taken and accepted for their Seas it is at large expressed in a statute made for the nomination of Suffraganes By which statute also wee are given to understand that it remaineth onely in the disposition and liberty of every Archbiâ—hop and Bishop within this Realme c. to name and elect two honest and discreete spirituall persons being learned and of good conversation and them to present unto the King by their writing under their Seales making humble request to give to one such of the said two persons as shall please His Majesty such title name stile and dignity of Bishop of such Seas specified in the said act as the Kings Highnesse shall thinke most convenient for the same so it bee within the same Province whereof the Bishop that doth name him is Besides after such title stile and name given by the King it is said that the King shall preseâ—t every such person by his Letters Patents under his great Seale to the Archbishop of the same Province wherein the Towne whereof he hath his title name stile and dignity of Bishop and that the Archbishop shall give him all such consecrations benedictions and ceremonies as to the degree and office of a Bishops Suffragane shall be requinte It is further enacted and provided that every person nominated elected presented and consecrated according to that act shall be taken accepted and reputed in al degrees and places according to the stile title name and dignity that he shall be presented unto and have such capacity power and authority honour preeminence and reputation in as large and ample manner in and concerning the execution of such Commission as by any of the said Archbishops or Bishops within their Diocesse shall bee given unto the said Suffragane as to Suffraganes of this Realme heretofore hath beene used and accustomed And that no Suffragane made and consecrated by vertue of this act shall take or receive any manner of profits of the places and Seas whereof they shall be named nor use have or execute any jurisdiction or Episcopall power or authority within their said Seâ—s c. but onely such profits jurisdiction and authority as shall
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