smal number which by order of their foundation bee put apart to the studie of Lawe or Phisicke some after two some after three some after foure yeres of their coÌ„mencement are compelled eyther to enter into the ministerie or to leaue their fellowships Nay in some Colledges if Bachelers of arts be chosen felows be not ministers after one yeare by statut they loose their places The principle reason of the fouÌ„ders of all which statutes to my best remembrance is this namely that the haruest being great and the laborers but few many labourers shal be sent from those Colledges into the haruest Neither can it be intended that many laborers of long continuance many labourers of profound knowledge or manie labourers of ripenes should be sent But it is simply provided that many labourers and not loyterors should be sent yet now the Admonitor rather theÌ„ that some loyterers should not bee sent contendeth to seclude some labourers from the worke Besides how can they be of any long continuance of any ripenes or of any profound knowledge in the mysteries of faith and Godlines when not hauing accoÌ„plished the age of 24 yeres 26 yeres or 28 yeares at the most not hauing giuen them selues aboue 2. 3. or 4. yeares at the most to the studie of divinitie nay which after the studie of 3. or 4. yeares of Philosophie or artes and no studie of Divinitie must notwithstaÌ„ding enter into the ministerie wherfore from the statutes of the Colleges in the Vniversities I thus dispute If the necessitie of the Colledge statutes doe compell All Maisters of arts before mentioned and some Bachelers of arts not hauing any profound knowledge or being but of small continuance or not of any ripenes eyther to leaue their colleges or to enter into the Ministery then much more the necessity of preaching Faith the necessity of being saued and the necessity of God his glory may compell men of small learning of small knowledge of small ripenes and of small continuance to execute their Ministery rather theÌ„ that any parish should be necessarily clogged with a Minister of no learning of no discretion of no knowledge of no ripenes and of no continuance But the necessity of the college statutes do compell the one Therefore the necessity of Faith c. may compell the other Admonition Against the inconvenience of discipline by excommunication Pag. 81. onely which hee saith we so much cry for he telleth vs that some learned men of this age haue at large declared in their works set forth to the world that the same wil bee of most men contemned and that it will be of small force to bring to effect any good amendement of life Assertion But who taught him to father or to fasten this vntrueth vpon vs only then No discipline by excommunication only called for this might suffice for answere that hee did neuer yet heare any one of our part so much as cal much lesse to cry for discipline by excommunication onlie For we saye cleane otherwise viz. that the Discipline of the Church ought not to be executed as now for the most part it is by excommunicatioÌ„ onlie This maner Discipline by excoÌ„munication only no more to be suffred of discipline therfore by excommunication only is one of the disorders in the Church vsed by the reuerend Bb. which we so much desire to bee reformed And for this cause we intreate their Lordshippes to forbeare the practise of that which as it seemeth they would so fayne haue others to mislike But happely this was not the marke whereat the Admonitor short for Bishopply and Archdeaconly excommunication being daylie vsed it is like that he bent his bowe and aymed at that excommunication onely whiche is Pastorall and Elderly Agaynst which forme The writings of soâ—â— learned men not sufficieÌ„t to coÌ„demne excommunicatioÌ„ by Pastours and Elders and maner of excommunication let be so that some learned men of this age haue at large declared in their workes set foorth to the worlde that the same wil be of most men contemned and that it wil be of small force to bring to effect any good amendment of life let this I say be graunted what of all this must the Church of England therefore dislike and reiect the same God forbid The whole doctrine of Faith and Sacraments we know to be of most men contemned to be of small force to bring most men from superstitions Popiâ—h idolatrie And how theÌ„ is it possible but that the sworde of this doctrine should haue as litle enterteynement amongst most men as the doctrine He that casteth away the kernell will much more despise the shale And hee that setteth light by a sworde will set lesse by the scabberd It sufficeth then that the children of the Church in England striving to enter in at the narow gate embracing the doctrine of the Gospel it is sufficient I say that they submit subiect their neckes vnto the yoke of the Gospell for what haue we to doe with them that are without Doth the law of Englande endight condemne and iudge a Spaniard resiant in Spaine The Admonitor himselfe affirmeth Pag. 134. at the time when our Saviour Christ said dic Ecclesiae that there were manie presidents as it were and governours of the Church together with the chief Ministers of every congregation nay further he saith that hee will not deny that the Apostles afterward the primitiue Pag. 235. The Bb. coÌ„fesseth that the Minister and Elders did gouerne in the primitiue church Church did practise the same These some learned men then either must shew and proue vnto vs the children of God in England that this forme of governing the church excommunicating by many presidents and governours together with the chief Ministers of every Congregation was given to the Churches in the time of Christ and his Apostles but onely for that time that therefore that forme is now at an ende and ceased or else it must be confirmed vnto vs thaâ— God hath in these dayes altered and changed his minde touching England and that he hath by some new vision or reuelation commaunded the reuerend Bb in these dayes to teach the church of Englande that hee will not haue the same manner of gouerment vsed in the Church of England because The opinioÌ„ of some learned men not sufficient for the Church of England to departe from the worde it would bee of most of his children in England contemned and of small force to bring to effect any good amendemeÌ„t of life in them for albeit all the learned men in the world had declared as much in their workes set foorth to the world as is here spoken of what were that to the children of God in England vnlesse the same learned men had taught vnto vs true learning froÌ„ the mouth of God How much lesse are we bouÌ„d to regard what only some learned men of this age haue
childes Baptisme should be of stone of pewter of brasse or of silver whether the Minister should descend to the lower ende or the childe ascend to the vpper end of the church Whether the child should haue a great handfull or a litle sponefull of water powred vpon his head In the celebration of the Lordes Supper it is directlie commaunded that the people shal stand sit 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 iust proofe to bee made that any certeyne number of Ministers are to lay on their hands that the day of ordination should be alwayes one that the Minister should bee of such an age or that the prayers should bee of this or of that lenght and forme of wordes And therefore touching these and such like thinges of indifferencie we agree with the Admonitor and reverend Bb. that one forme of externall orders rites ceremonies is not of necessitie to be in every Church because there is no such order witnessed by the holy Scriptures to bee of necessitie But touching the ioynt 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 be severed or that any other persons should be appointed to execute any functions in the Church then such persons only as for their functiōs haue warrant from the holy Scriptures wee can not in any sorte therevnto agree And why forsooth because all both offices and officers in the Church must only and alonely be derived from our Saviour Christ as from the only fountaine and bestower of all officers offices in the house of God And therefore albeit we should graunt as the Admonitor hath saide that the outward order vsed in the primitiue Church touching rites ceremonies by Bishops Pastors and Elders is neither necessarie nor so convenient as it may be otherwise in the time of peace vnder a Christian Magistrate yet we may not herevpō imply as his negatiue implieth viz. that Bishops Pastors 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 helpe of God wee shall assay as before hath bene mencioned in an other place to lay down out of the worde of God some iust proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outwarde order forme of goverment viz. that Bishoppes Pastours and Elders ought evermore to bee spirituall governours and that evermore they and none other ought to vse that essentiall kind of spirituall goverment and none other which was practised by the Bishoppes Pastours and Elders in the Apostolicall and primitiue Church Allwayes leaving the outward rites and ceremonies of their spirituall kind of goverment to be indifferent as erst hath bene said FINIS Speaches vsed in the Parleament by Sir Francis Knolles and after written to my L. Treasurer Sir William Cecill TO the end I may enform your Lord shippe of my dealing in this Parleament-time against the vndue claimed superioritie of the Bishoppes ouer their inferior brethren Thus it was Because I was in the Parleament time in the 25. yere of King HENRY the eight In which time First all the Clergie aswell Bishops as others made an hūblie submission to King HENRIE the 8. acknowledging his Supremacie and detesting the vsurpation of the Bb. of Romes authoritie Vpō which submission of the Clergie the King gaue vnto the said Bb. the same ample rule that before they had vnder the Pope ouer their inferior brethrē saving that the same rule was abridged by statute by this parenthesis following that is to say without offending the prerogatiue Royal of the Crown of England the lawes customes of the Realm In the latter end of the Statute it was added that whosoeuer offendeth in any one parte of that statute their Aydors Counsellers and Abbetters they did all fall into the penaltie of the premunire And after I had recited this statute in the Parleamēt-house I declared that in King HENRIES the eight days after this There was no Bishoppe that did practise superioritie ouer their inferiour brethren And in King EDWARDES dayes the said Bb. obteyned a statute wherby they were authorised to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not revived in her Majesties time that now is wherevppon it was doubtfull to mee by what authoritie the Bishoppes doe keepe their Courts nowe in their own names because it is against the prerogatiue Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Wherevpon I was answered that the Bishopps do keepe their Courts now by prescriptions it is true that the Bb. may prescribe that King HENRY the 8. gaue them authoritie by the statute of 25. of his raigne to haue authoritie and rule ouer their inferiour brethren as ample as they had in the Popes time But this was no speciall warrant for them to keep their Courts by and that in their owne names And yet they haue none other warrāt to keep their Courts as they do now in their owne names to my knowledge And this was the cause that made them obtaine a statute in King EDWARDS dayes to keepe their Courts by in the Kings name Now it is a strange allegation that the Bishopps should claime authoritie at this present to keepe their Courtes in their owne names as they do by prescription because the statute of 25. doth restraine thē generallie from offending of the prerogatiue Royall of the Crowne of Englande and the lawes and customes of the Realm And no man may iustly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall libertie given by King H. the 8. to the Bishops to rule and governe as they did in the Popes time is no sufficient warrant to the Bishops to keepe their owne Courtes in their owne names by prescriptiō as I take it And therefore the Bishops had done wisely if they had sought a warrant by statute to keepe their Courts in the Queenes name as the Bb. did in Kinge EDWARDS dayes In which time Archbishop Crammer did cause Peter Martir and Bucer to come over into this Realme to bee placed in the two Vniversities for the better instructiō of the Vniversities in the worde of God And Bb. Crammer did humblie prefer these learned men without any challenge to him selfe of any superiour rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any graūt frō the Crown of England by general words but that he must haue speciall wordes to carrie the same by Therfore how the Bb. are warrāted to carry away the keeping of their Courts in their own names by prescriptiō it passeth my vnderstāding Moreover where as your Lordship said vnto me that the Bishopps haue forsaken their claime of superioritie over their inferiour brethrē latelie to bee by Gods ordinance and that now they doe only claime superioritie from her Majesties supreme goverment If this be true then is it requisite necessarie that my L. of Canterburie that now is do recant and retract his saying in his booke of the great volume against Cartwright where he saith in plaine wordes by the name of Doctour Whitgift that the superioritie of Bb. is Gods owne institution Which saying doth impugne her Majesties supreme govermēt directlie therfore it is to be retracted plainly and truly For Christ plainly truly cōfesseth Ioh. 18. 36. That his Kingdom was not of this world And therfore he gaue no worldly rule or proheminence to his Apostles but the heavenly rule which was to preach the Gospel saying Ite predicate in omnem mundū quicūque crediderit baptizatus fuerit salvus erit qui non crediderit condemnabitur Goe preach in all the world who soever shall beleeue be Baptized shal be saved but he that will not beleeue shal be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright his fellows would haue no goverment c. So belike the Bb. care for no govermēt but for wordly forcible goverment over their brethren the which Christ never gaue to his Disciples nor Apostles but made them subiect to the rule of Princes who ought not to be resisted saving that they might aunswer vnto Princes that they must rather obey God then men Acts. 5. 29. and yet in no wise to resist the Prince but to take vp the crosse and follow Christ FINIS
An Assertion For true and Christian Church-Policie Wherein certaine politike obiections made against the planting of Pastours and Elders in every Con gregation are sufficientlie aunswered And wherein also sundrie projectes are set downe how the Discipline by Pastors Elders may be planted without any derogation to the Kings Royal prerogatiue any indignitie to the three Estates in Parleament or any greater alteration of the laudable Lawes Statutes or Customes of the Realme then may well be made without damage to the people 1604. An assertion for true Christian Church-Policie Wherein certeine politike obiections made against the plāting of Pastors and Elders in every Congregation are sufficientlie answered And wherein also sundrie proiectes are set downe howe the Discipline by Pastours and Elders may be planted without any derogation to the Kings Royall prerogative c. Admonition THe reason that moueth vs not to like of this platforme of Pag. 77. gouerment is that when we on the one part consider the things that are required to be redressed on the other the state of our countrey people and common weale we see euidently that to plant those things in this Church will draw with it so many and so great alterations of the state of gouerment and of the lawes as the attēpting therof might bring rather the ouerthrow of the Gospell among vs then the end that is desired Assertion The benefit of all exceptions and advantages to the invalidity vncertainty imperfections infufficiēcy of this admonitory bill matters therein conteyned alwayes saued for aunswere to so much as concerneth this clause euerie other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill or admonition materiall to be aunswered vnto and not herein or hereby sufficiently answered confessed avoyded traversed deemed is true in such manner and forme as in the same is set forth and declared the defendant is ready to aver maintayne and proue his aunswere as shall please the King to award and to commaund And therefore hee most humbly beseecheth the King if it please the King that he haue found favour in his sight that his exceptions may be admitted and reade and that his counsel learned in the law may be heard and suffered to speake This platforme of gouerment intended Booke of com pray tit commination Homil. 2. part of the right vse of the Church Admo pag. whitgift pag. 654. M. Nowell in his cathe M. Calvin M. Iunius looke Petic to her excellent Maie pag. 11. by the admonitor not to bee liked of in this place is that platforme of Church gouernement by Pastours and Elders which the booke of common Prayer the doctrine of the Church of Englande doe highlie commande and which he him self Mr. D. Whitgift now Lord Archbishop of Canturbury verie manie other c reuerend Diuines of our age doe publickely confesse in their writings to haue bene practised by the Apostles and primitiue Church From whence it followeth that the gouerment of the church by Archbishops Bishops Suffraganes Archdeacons Deacons Chancelours Commissaries and Officialls now already planted and liked of was not practised by the Apostles and primitiue Church And therefore for my part I can not but marueile that a disciple of the Apostles doctrine and a successor in the Apostles Chayre should bee drawne by humane reasons not to like of the Apostles gouerment nor to tread in the steps of the primitiue church For seeing the same is acknowledged by himselfe to bee the first way to be the old and ancient way as being the Apostles way why should wee not Iere. 6. 16. walke therein as in the onelie good and perfect way The reuerend Bishops will not deny that the Apostles and primitiue Church for their manner of gouerment had the mind of Christ and that we should follow the Apostles as hauing them for examples because they were the followers of Christ Againe they can not but graunt that the manner of gouerment practised by the Apostles primitiue church is written within the booke of the couenants of grace All which notwithstanding wee see in this place that from the new Testamēt from the articles of grace from the law from the testimony from the example of the Apostles and from the mind of Christ we are addressed and turned ouer to our state of gouerment to our countrey to our people to our common weale and to our lawes But this turning of deuises shall it not be esteemed as the potters Isaiah 29 16. clay But saith he to plant those things in this church which are required to bee redressed might bring rather the ouerthrow of the Gospell then the end that is desired Indeed say I if this might be as soone proued as it was soone said the case might haue gone well with him But this parable is so darke that vnlesse it be opened there is no light at all to be seene in it For hee well knew that in steed of the gouerment practised by the Apostles and primitiue church the iurisdiction of Archbishops Bishops Suffraganes Deacons Archdeacons Chancelours Commissaries and Officials is already planted in this church And he was not ignorant also that the same iurisdiction onely and none other is required to be redressed Now then if request be made that this manner of gouerment bee redressed how can it euidently be seene that to plant that maner of gouerment might bring rather the ouerthrowe of the Gospell then the end that is desired But it may be that hee ment more lightsomely then he spake Yea let it be that he intended thus viz. to vnplant that which is now planted and to plant those things which are yet vnplanted by reason of many and great alterations might bring rather an ouerthrow of the Gospell then the end that is desired well I say be it so that he thus ment How is this thing euidently seene or how can it euidently be proued The best sight that the seruant of Christ can haue is faith For Faith is an euidence of thinges which are not seene Heb. 11. This ouerthrow then of the Gospell not being seene with his bodily eyes must needes be intended to haue bene seene with the eyes of his faith But where is that word of Christ wherevpon the eyes of his faith were fixed If then hee hold no word of faith then of necessitie was his euident sight but an euident fancie And in deed what else could it be For what other thing is there desired to bee planted in this church but onely the Apostolicall gouernement of Christ And what other Gospell could hee euidently see that might bee ouerthrowne by holding foorth this scepter but onlie the Apostolicall doctrine of Christ A merveylous strange and vnkind sight I trow to be seene that the Apostolicall gouerment could no sooner be planted but that the Apostolicall doctrine must needs be rooted vp That Christ by his owne scepter were not
they being all fast knit and bound togither vnto the Kings authoritie by a coard of 24 threads might easilie be broken but being severed and pluct a sunder into 24. Bishops can make no lawe without leaue And yet everie Bb doeth make many lawes 24 partes one from the other the King with all his regall power might not beâ— able so much as to breake one of the least threedes wherewithall one of their cordes was twisted If the Lorde Maior the Sheriffes Aldermen and whole communaltie of the Citie of London should promise vnto the King vpoÌ„ their fidelities not to set anie price vpoÌ„ Wines or other victualles by their common Councell within the said Citie vnlesse the King vnder his privie signett should first authorize theÌ„ so to doe were it not a meere collusion of the Kings meaning if everie particular AldermaÌ„ should sett prices of such things in every particular Ward But against the collection made from the Statutes 1. 8. Eliza the iudgement of the diuinies aforesaid the A collection made against the former reason by an Apologie for sundry proced by iurisdi Eccl. pag. 5. author of an Apologie to his vnderstanding reckoneth the same collection to be a very simple collection against the same hee answereth and reasoneth in effect thus If as is collected all power spirituall by a commission vnder the great Seale must be derived from the Queene to warrant the execution of it vnto him that is to exercise it then must the like warrant bee procured for euery temporall office to execute his temporall office But euery temporall officer must not procure like warrant to execute his temporall office Therefore a commission vnder the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his maior proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as absolutly and as really is revested in the person of the Queene as is the said spirituall authoritie Therfore as all spirituall officers for the execution of the said spirituall power must haue their authoritie derived vnto theÌ„ from the person of the Queen vnder the great Seale so likewise must all temporall officers for the execution of their temporal offices haue the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all teÌ„porall as all the said spiritual authoritie improperlie so called was reallie absolutelie in the person of the Queene yet herevpon it followeth not that by one and the selfe same meanes alone and namelie by a coÌ„mission vnder the great Seale all temporall and the said spirituall power in euerie part and braunch thereof should be drawen alike froÌ„ the Queenes person For there be divers and sundrie meanes to derive temporall authoritie whereas there seemeth to be but one onely meanes to derive the said spirituall authoritie and then marke the substance of the Authors argument Some temporall Officers as Stewards of Leetes Constables sundry other Officers must not drawe their temporall authoritie from the Queene by a commission vnder the great Seale Therefore no spirituall officers as Archbishops Bb Archdeacons and sâ—de vacante Deanes and Chapiters must drawe any of their spirituall authoritie from the Queene by a commission c. Which argument drawen from a particular affirmatiue vnto a general negatiue what weaknes it hath euery yong Logician can discerne And as for Stewardes af Leetes though they haue no Though all temporal officers drawe not their power from the Kinge by the great Seale yet by one meanes or other wtdrawe it froÌ„ the King commission vnder the great Seale yet for the executioÌ„ fo their Stewarships they haue a coÌ„mission vnder the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughes haue their authorities derived vnto the from the Kings person by the verie originall institution of their offices Sherifs of Countries Coroners Escheators and Verderors haue their offices and their â—uthorities warranted vnto them by the Kings writts out of the Chancerie But 〈◊〉 was not the mind of the Law-makers saith the Author that the Ordinaries by a commission vnder the great Seale should draw their saide spirituall power from the Queene What the mindes of the Law-makers were touching this poinct it mattereth litle or nothing at all Neither is it to purpose whether a commission vnder the great Seale bee necessarily required or not required by vertue of that statut 1. Eliz. c. 1. to warrant the said spirituall power vnto Ordinaries Only it sufficeth that the Queen having all power improperly called spirituall invested in her Royall person being really actually seysed of all the said supreme spirituall authoritie could not haue any parte of the same spirituall power drawn from her but by some one lawfull and ordinarie meanes or other For if this rule be true in euerie coÌ„mon person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule holde in the Royall prerogatiues rightes privileges dignities and supremities of a King Wherefore to saie that all supreme and ordinarie power improperly called spirituall was really and actually inherers in the Royall person of the Queene and to say also that some of the same inferior and ordinarie power not derived froÌ„ the Queen was neuerthelesse in the persons of inferior ordinaries is as much to say that some braunches of a tree may receyue nourishment from ells-where then from the roote that some meÌ„bers of the bodie are not guided by the head and that some streames flow nor from their fountaines And now to coÌ„clude this part against the canon law their Offices and functions thereof I dispute thus The forreigne and papall canon lawe with all the accessories dependances Offices and functions thereof is vtterlie abolited out of the Realme Therefore the same lawe is no part of the lawes of the Realme and therefore also it is evident that there will not followe any alteration of the lawes of the Realme by the taking of it away Which canon law also with other lawes functions how easely the same without any inconveniences may bee supplied shall God willing be presentlie made apparant if first we shall aunswere to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie Chalenge for Lordly primacy out of the great Charter anâ—vered out of the wordes of the great Charter Concerning which challenge namelie that by the great Charter Lordly Archiepiscopal and Episcopall primacie or iurisdiction belonging to the state of Prelacie is belonging vnto them I demand vnto what Church this great Charter was graunted And whether it were not graunted vnto the Church of God in England The words of the Charter are these Concessimus Deo hac presenti Charta nostra confirmavimus pro nobis Mag. Charta c. 1.
haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto 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 effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde 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 vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie 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 bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe 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 lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
there is no doubt but the King by vertue of his Soveraigne and Regal Lawes might powerfullie ynough reforme heresies without anie such ceremoniall forme papall observance or superstitious solemnitie as by the order of the canon lawe pretendeth to bee still in force hath bene accustomed And as these offences before mencioned be punishable partlie by temporall and partlie by ecclesiasticall authoritie so drunkennes absence from divine service and prayer fighting quareling and brawling in church and church yeard diffamatorie wordes and libels violent laying on of hands vpon a Clarke c. may not onlie be handled and punished in a Court ecclesiasticall but they may also be handled punished by the King in his temporall Courts By all which it is evident that the Clergie hath had the correctioÌ„ of these crimes rather by a custome by sufferance of Princes theÌ„ for that they be meere spiritual 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 The cognizance of all crimes as well as of some crimes by the lawe of God belong to the King and by a custome may be handled punished spirituallie then also if it please the King may all these as well as some of these crimes without a custome bee handled and punished temporallie For by custome and sufferance onlie 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 of these crimes properlie apperteineth vnto the King And then the iudgment of those men who defend iudgements of adulterie slaunder c. to be more temporall and by the temporall Magistrate onelie to be dealt in seemeth every way to bee a sincere and sound iudgement Howbeit they doe not hereby intend that the partie offending in any of these things by the Kings law punishable should therefore wholly be exempted freed from all censures of the Church Nay we iudge it most requisite and necessarie No offendor freed froÌ„ the censures of the Church for the bringing the partie which offendeth to repentance and amendement of life if presentlie vpon sentence of death he be not executed that besides his temporall punishement the censures of the Church according to the qualitie of the offence may bee vsed and executed against against him yea and we thinke that the Kinge by the holie law of God is bound by his regal power to command the church dulie rightlie to vse the same censures not onelie against everie adulterer defamer vsurer c. but also against everie thiefe everie manslayer everie traytor and every other offendor For not onlie sinnes reputed with vs ecclesiastical but al sinnes of what kind soever ought to be repented of coÌ„sequentlie against all sinnes the ecclesiasticall censures ought to bee vsed And by whom should the same be exercised but by the church Why then belike where an offendour is punished in the Kings Court hee shall againe bee punished in the Ecclesiasticall Court and so for one offence be twise punished which were vnreasonable To this wee answere that it is not against reason that one man for one For a maÌ„ to be punished twise for one fault in two respects is not vnreasonable fault should bee punished both temporallie and spirituallie First he consisteth of two parts viz. of a bodie and of a soule in both which parts he hath offended Secondlie he hath offended aginst two lawes the law of God and the law of the King For the execution of which two lawes there be two kindes of officers of two severall natures the King for the one lawe and the Officers of the Church for the other law both these kindes of officers haue power given them immediatlie from God to execute the one Kinglie and temporal the other Pastorall spirituall power And therefore we say it staÌ„deth with great reason that the soule causing the body to sinne should no more escape that punishmeÌ„t which is appointed for the soule by the law of God then the body should escape that punishment which is appointed for the bodie by the law of the King why then the Officers of the Church may medle with matters apperteyning to the Kinges law what an indignitie to the King were that To this we answere that the Officers of the church in a severall respect and to a severall end dealing in one and the selfe same matter wherein the King dealeth may no more be charged with dealing in matters apperteyning to the Crowne by the exercise of their spirituall sword then can the King be charged with medling in the same matters to medle with matters perteining to the soule by the exercise of his temporall sworde So that the spirituall power of the officers of our Saviour Christ which consisteth onelie in binding and loosing of the soules of men can not possiblie by any reason or good â—ntendement bee construed now to be any more preiudiciall to the Kings prerogative or contrariant to the lawes of the Realme then it hath bin heretofore Because vsurie incontinencie divers other crimes ecclesiasticall haue not bin punished only by ecclesiastical correction but also by teÌ„porall peyne And therfore to take away this frivolous obiection we instantlie pray that the lawes of the Realm may still keepe their due and ordinarie course and that the Kinges Scepter may reteyne that ancient and Royall estimatioÌ„ which belongeth vnto it and that it may be ordered by an irrevocable law as followeth Potestas iurisdictio actionum quarumcunque civilium punitio castigatio externa omnium maleficiorum quorumcunque famam facultates seu personas tangentium non penes Pastores Seniores Ecclesiae sed penes vnum solumque Principem civilem Magistratum sunto quicunque ijs non acquieverunt capitali poena punivnto Whervpon also falleth to the ground that cavillous and odious slaunder following in the Admonition viz. that the lawes mainteyning the Queenes Supremacie in governing of the church and her prerogatiue in matters ecclesiastical as well elections as others must be also abrogated The contrarie whereof being avouched throughout this whole Assertion it shall be needlesse to spend any time in the refutation of so grosse an vntrueth Admonition Those lawes likewise must be taken Pag. 79. away whereby impropriations and patronages stand as mens lawfull possession and heritage Assertion By a statute 15 R. 2. c. 6. because divers damages and diseases oftentimes had happened and daylie did happen to the parochians of divers places by the appropriation of benefices of the same places it was agreed and assented that in everie licence from thence foorth to be made in the Chancerie of appropriation of any parish church it should be expreslie conteined comprised that the diocesan of the place vpon the appropriation of such churches should ordeine according to the value of such Churches a convenient summe of
godly vses how the same may bee best imployed And let the Discipline loe these sage Counsellours were all Disciplinarians be reserved vntill that time For they whose frowardnes hath bene publicke and tending to the common offence of the Church let such be recalled to the acknowledgement of their faultes and let them publicklie for the same be censured that the Church by their wholesome coertion may be brought in good frame Afterward let the Minister going apart with some of the Elders take counsell how the others whose manners are said to be lewd and whose life is saide to be full of mischiefe may first according to the commaundement of Christ in the Gospell come together be communed with by sober and discreete men and with a certeine kinde of brotherly loue By whose admonition if they shall reforme themselues thanks are diligently to be giuen vnto God But if they shall proceed foorth in their wickednes they are to be bound with that sharpe payne which by the Gospell wee know to bee prepared for contumacie And when the force and vehemencie of excommunication shal be shaken first let the Bishoppe be sought vnto who if he shall consent and oppose his authoritie let the forme of excommunicatiō be dispatched before the whole church that we may bring in as much as may be the auncient Discipline Thus much haue these most Christian Disciplinarians and renewers of the auncient Discipline by Pastours Elders and Deacons both written and spoken And yet haue they sounded neuer a word to the finding of Elders and Deacons by the Parish nor by hauing men of occupatiōs to leaue their busines to attend vpon matters of the Church For men thus meeting together once onely in the weeke and that vpon the Lords day and that onely within their owne parishes and without payment of any fees may very well notwithstanding these attendances giue themselues wholie all the weeke following to their ordinary vocations And therefore against his not able to find one tollerable Minister much lesse to find a company c. I conclude thus No Parish in England shall be burdened to find so much as one Seniour or Deacon Therefore much lesse shall euery Parish bee burdened to find a company of Seniours c. Where the Admonitor complayneth Tollerable and intollerable Ministers that many parishes are not able to finde one tollerable Minister we would gladlie learne by what brand tollerable Ministers are knowne from intollerable Ministers according as the Lords spirituall iudge or iudge not of tollerable vntollerable Ministers For if all reading Ministers as nedes with them they must be or ells why doe they tollerate them bee tollerable Ministers what a vayne and idle distinction hath he coyned touching the scarcitie of maintenance for tollerable Ministers Considering all Ministers by intendement of lawe be able to reade and considering also a verie small maintenance is esteemed to be a tollerable maintenance for reading ministers For ells why doe the great Bishoppes in their great Churches of Cōmendames 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 parishe in Englande that is not able to mainteyne a tollerable Minister The next argument that the people might not choose their Pastours Elders Pag. 78. and Deacons as is required is drawen partlie from a feare that the same wil be a matter of schisme discord and dissention in many places partlie from affection and want of right iudgement of the people partlie from the vnrulines of the parishes and partlie from the broyle and trouble which may follow Assertion Vnto this obiection if I should aunswere nothing at all but onely should The obiectiō 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 tollerated then his simple affirmation for by the canon lawe non inficienti sed ponenti incumbit onus probandi And yet because the Lord hath spoken vnto Iosua in him vnto Doct. in c. 6 cui depreb Lib. 2. vs all that wee should not feare nor bee discouraged to obserue and to doe all that is written in the law for then sayth the Lord shalt thou make thy way prosperous and then shalt thou haue good successe therefore in the word of the Lord I say that none of all this feare broyle trouble or turmoyle is to bee feared at al. Nay that it is most assuredly and without all doubt to bee hoped looked for that he would so blesse the attempt of putting his order in execution as that the peoples approbation and allowance of their Ministers should bee a matter of all peace quietnes vnitie concorde good successe and prosperitie to the whole Church of God in England For what an heathnish incredulitie were it for vs to replie vpon the erroneous conceyte of a timorous and suspicious fancie that feare and I wot not what vnrulines vnquietnes shall follow when we receyving the lawes of peace from the Prince of peace haue his most stable trueth that his peace shall rest vpon vs and that all feare and evill successe shall cease and vanish away No busie headded body therefore shall bee able to leade any man away to disquiet either Church or common Wealth otherwise then as the Church in all ages by the malice of Satan and his instrumentes hath euermore bene disquieted if once the holy law of the Gospell touching this point were obserued put in vre And if it be feared that the choyce to be made by the people of God and which is allowed vnto them by the holy lawes of God would proue to be a matter of schisme discord and dissention howe much more reason haue wee to feare that the fire of schisme discorde and dissention being blowen alreadie should not break out and flame among vs if still one man alone be suffered to thrust vpon the people of God not tollerable Ministers accordinge to Gods heart but intollerable ministers according to mans tradition The Admonitor hath insinuated vnto vs often in this admonition that it is dāgerous to innovate And so I say too vnlesse there be evident M. de cōstitu prim L. 2 vtilitie of innovation For saith the Emperour in rebus novis constituendis evidens esse vtilitas debet vt ab eo iure recedatur quod diu aequum visum est But is it not as perilous yea sometimes much Dangerous to innouate vnlesse there bee euident vtility of innovation more perilous not to innovate for proofe whereof it shall suffice to take witnes of our owne times of our own experiences It seemed equal a long time and for many yeres that the sacrifice of the Masse with all the pelfe and trumperie thereof should not once be spoken against But we all know that the abandoning thereof hath not yet brought any perilous
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
their estates by pursuing the Patrones title at their owne charge Neither might the occasion of suite about the right of Patronage be any lett or hinderance that the Church in the meane time should be left as a Widow destitut of an husbaÌ„d For any one of the Clerkes nominated by either of the Patrones might be apointed by the Presbyterie to preach the word and publickly to pray vntill the controversie were ended And out of the fruites also of the same Church remayning in the custodie of one of the Patrones or sequestred by the Kinge to the vse of the next incumbeÌ„t he might haue 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 adioyning might be provided to administer the same as in many places it hath bin and is now daylie vsed in like cases of vacancie That the Patrone should bee curbed with two hard a bridle as being barred The curbing of a patrone with to hard a bridle answered to fetch his Clerckes from any other place then froÌ„ the Vniversities or other Schooles and Nurseries of learning is a matter if it be well weighed of lesse importance then the Admonitor would insinuate the same to bee First it is not of necessitie required that all Patrones should at all times fetch all their Clerks from those places not froÌ„ else where For many times it may happen vpon iust cause for the benefite of the Church that a Clerke already ordained and placed in one Church may bee remoued from the same to another But only the meaning is according to the lawes and canons already setled that the greatest parte of the Patrones Clerckes must of necessitie bee called thence because they can not ells where bee had Now then whereas the law intendeth euery Church to be a wife and to haue an husbande to be a body and to haue an head the lawe as a parent vnto the Church hath provided vntill shee bee a widow in deed that no husband be provided for her And therefore by sundrie as well ancient Decrees as by Canons of Ex de prebend c. tuiâ— lib. 6. de prebeÌ„d si Episcopus Discipline made and published by the Bishoppes 1571 it is decreed and confirmed That the Bishoppe shall lay his handes on none or at anie other time but when it shall chaunce some place of ministratioÌ„ is voyd in the same Diocesse As for stipendarie Curates it is expresly against the policie of our Church that any should bee ordeyned a Minister to serue onlie as an hireling From which Decrees and Canons alreadie setled as I sayd before it followeth for the most part that the Patrones Clerkes 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 vntill some place be voyde then albeit some patrones vpon good causes to be allowed by publick discipline might be permitted to nominate some Clerkes alreadie placed in administrations Yet in the end as well the patrones of those Churches from whence these are to bee remoued as other patrones also manie benefices at one time beeing voyde must of necessitie seeke out men to bee ordeyned which never were ordeyned to the ministerie before And where are these to be sought if not onelie at the Vniversities or other Schooles Nurseries of learning For that prophetes in the ordinarie time of prophesying shuld be taken from the feete of the Apothecaries Taylors Drapers Milners Mercers Prophets in the ordinary time of prophesying to be taken out of the Scholes of Prophets or from the butry pantry kitchen celler or stable of any Bb. Peere Knight or Gentleman and not from the feete of the prophetes is a thing abhominable and odious vnto God and man Wherein theÌ„ doth this platforme in this point of fetching Ministers onely from the Vniversities or other places of learning differ from the intendement of lawes setled Or wherein can the patrones receyue any detriment by such a practise Nay they are so farr from receiuing anie The differeÌ„ce betwene the platform and the Bishopps practise preiudice hereby as indeed both they their Clerkes shall reape great commoditie by it Wherin I grant some discrepance to consist betweene the Bb practise and this platforme For the Bb. at one time allowe a Clerke for habilitie and at another time dissallowe the same Clerke for non habilitie And him whoÌ„ they haue ordeyned and adiudged to day worthie of an office they manie times disordayne him to morow and refuse him as a person vnworthie to possesse a benefice Whereas on the contrarie part we thinke it verie absurd vnreasonable to barre any man from a benefice whom the Governours of the Church shall iudge worthie to beare an office So that the Patrone by this platforme should be sure if at any time hee nominate a Clerke alreadie ordeyned that the same Clerke vnlesse it were for crime or some defect after happeninge should neuer be refused And if such be the lawes liberties of the Ordinaries what alteration of the law or preiudice to the Patrone could it be if by a newe law the King provided new meanes to put his old lawes in due execution If vpon difference of iudgement anie variance should arise betweene the Ministers Vpon differeÌ„ce of iudgment about the abilitie of a Clerke what may be done appointed to elect and ordeyne whiche of the Patrones Clerkes were most worthie the same diuersitie we assure our selues can breede no greater inconvenience nor further daunger then doth now daylie fall out in the election of schollers fellowes heades of Houses in the Vniversities or of other Officers in Colledges Cathedrall churches and bodyes politicke or corporate As those controversies therefore haue bene and are appeased by the good orders lawes of those places eveÌ„ so might these also And therfore some good law might be made to this effect viz. If any foure of the seven did agree togither vpon anie one Clerke nominated by the patrone that the same foure should strike the stroke and make the election good against the other three Neither doe we thinke it to stande with reason that the Archipresbyter or any other Minister among the seuen should necessarilie be of the quorum For if any one of the seuen should necessarilie be of the quorum theÌ„ having as it were a negatiue voyce against all the rest if he should bee wayward and apt to contention hee might then alwayes frustrat the election either by opposing him selfe to all the rest or by inclining to the lesser worser part as lately came to passe about the electioÌ„ of a Scholler among great Doctours If A Clerke refused for nonabilitiâ— to whom the nomination may devolâ—â—e both the Patrones Clerkes should bee disabled by those vnto whom the iudgment of their nonhabilitie
and followes and vnto such like Officers fellowes The Cathedral The goverment in Cathedral churches not by one alone churches their livings and their landes their revenues their dividents their chapiters and their conferencies depend vpon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishoppe Ex. de exces Prela c. 〈◊〉 Exc. de 〈◊〉 quaes cons cap c. novit alone by any ancient canon lawe pretended to be in force place or displace excommunicate or absolue any ecclesiasticall person without the iudgment of the Chapiter And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops c. the presence of divers Ministers and the people is required at the ordination of every Minister As for the deposition or degradation of Ministers vnder the correctiō whether the degradation of a Minist be warantable of the reverend Bb. be it spoken I thinke they haue not so much as any colour of any law for it The forme of the degradation of a Popish and sacrificing Priest by the canon law can bee no pretexte to degrade a Minister of the Monsieur de Plesis 164. in the seconde book of the Masse Gospel because a Minister of the Gospel is not set into his charge per calicem patinam with a cup full of wine dish full of hostes Neither receaveth he any charecter at al of a shaveling Priest And because a Minister of the Gospell is ordeyned onely after that manner which the statute lawe hath appointed howe should the ordination made by so high an authoritie bee vndone by any other power vnto the former maners of the administration of the causes of the Vniversities Colledges and Cathedrall churches may bee added the execution of ecclesiasticall iurisdiction committed heretofore by the Queene vnto the ecclesiasticall Commissioners For althoug by the words of the statute her Highnes had full power and authoritie The ecclesiastical commissiō exercised by manie commissioners and not by one by her letter patents to assigne name and authorize any one person a naturall borne subiect to execute spirituall iurisdiction yet neverthelesse according to the laudable vsages and customes of her kingdome and Courts temporal shee evermore authorised not one alone but diuers sundrie aswell temporall as ecclesiasticall persons for the execution thereof Which manner of commissiō because the reverend Bb. commend the same and avowe that it would doe more good if it were more common it cannot but seeme to bee a most gratefull thing vnto all good men especiallie vnto those reuerend Fathers if humbly wee beseech the Kinge that his Highnes would be pleased to make it more common And therefore in the The ecclesiastical commission commanded by the Bb. if it please the king may be enlarged vnto all Parishes wherein are godlie preaching Ministers behalfe aswell of the reverend Bb. as of all the learned and graue Doctors and Pastors of every church we most instātly intreat our most gracious Souverayne Lord the King that where in any Parish there shal be found a learned preaching Minister resident vpō his benefice that there he would be pleased by his authoritie Royal vnder the broad Seale to enable him and some other godly and faithfull Knights Esquires Gentlemen Citizens Borough-Maisters or other chief men of the same Parish to execute spirituall Iustice against drūkards adulterers swearers raylers and such like ecclesiasticall offendours inhabitants only within the same Parish For in this case we say as the reuerend Bb. say bonum quò communius eò melius If any No exceptiō to be taken against lay Elders to be authorized by the king in every Parish sithence the king authorizeth laie Elders in everie ecclesiasticall cōmission exception should be taken or challenge made scoffinglie and with scornefull termes against these lay parochians as heretofore hath bin vsed against laie elders or lay Aldermen as they call thē let him that taketh such exception advise him selfe wel and remember before he speake that in speaking he controle not the policie the practise the wisdom the authoritie both of our late Queen deceased and of our Souverayne Lord the King now raigning who authorized and doth authorize lay-men to bee ecclesiasticall commissioners Which kind of lay men or lay Elders as they call them that they haue ioyned in the exercise of the chiefest censure of the Church viz. excommunication with ecclesiasticall persons hath bin already proved by the sentence of excommunicatiō pronounced against E. by Maister W. and his associates whereof diuers were laie-men Againe if one laie Elder dwelling at Winchester may call and ssociate vnto him self one ecclesiasticall Elder dwellinge at S. Georges in Southwarke to excōmunicate any Parochian or Minister subiect vnto the iurisdiction of the Archdeacō of Surrey in what Parish soeuer of the same iurisdiction the partie shall dwell if it be lawfull I say Discipline of excommunication exercised by one laie Elder and one ecclesiastiall Elder for euerie ordinarie to ioyne one laie Elder one ecclesiasticall Elder together in cōmission the one to pronounce sentence of contumacie the other to denounce sentence of excōmunication for everie spirituall contumacie committed within his iurisdiction what reason can any man pretend why it should not be much more lawfull for the King by his Royall authoritie to apoint a learned preaching Pastor with the assistance of some cōpanie of faithfull inhabitants of the same Parish to exercise all maner of spiritual iustice within their own parish If the King shall stand in doubt whether any Discipline by excommunicatiō be exercised after this and this maner in the church of Englande then to put his Highnes out of all doubt hereof may it please the King to consider the precept of the reverend Bishoppes made in their convocation togither with the practise of the venerable Archdeacon of Surr. following The precept is this Vnusquisque Articlo pro clero c. de quibusdam circa excom excessib coercend 1584. Vicarius generalis officialis seu Commissarius qui ordines ecclesiastico non susceperit eruditum aliquem presbyterum sibi accerset associabit qui sufficienti authoritate vel ab ipso Episcopo in iurisdictione sua vel ab Archidiacono presbytero existente in iurisdictione sua munitus idque ex praescripto iudicis tunc praesentis excommunicationis sententiam pro contumacia denunciabit Everie Vicar generall Officiall or Commissarie which hath not taken vpon him ecclesiasticall orders shall call and associate vnto him some learned Presbyter who being armed with sufficient authoritie from the Bishopp in his iurisdiction or from the Archdeacon beeing a Presbyter in his iurisdiction shall denounce that by the prescript of the Iudge present the sentence of excommunication for contumacie Now the maner of the D. Hones practise of the Bishopps article practise of this precept ensueth in these wordes Iohannes Hone legum Doctor Officialis
authorized disposed or established in particularitie the order of these thinges or if the Scripture haue not delivered everie ceremonie forme or circumstance about these three things shall not the Minister therefore minister these or any of these three things at all And suppose I pray you that neither this nor anie other law had in particularitie appointed the ceremonie of the Crosse the ceremonie of Godfathers or any other ceremonie in Baptisme or that the Law had not appoynted the ceremonie of kneeling or any other ceremonie at the celebration of the Lords Supper should not the Minister therefore minister neither Baptisme nor the Lords Supper in the charge committed vnto him yes he should And why forsooth because he hath promised so to doe and because the Lorde hath commaunded him so to doe Besides sithence everie Minister by vertue of his promise and force of this law is bound to teach the doctrine of Christ to the people of his charge notwithstanding he be not tyed by the law of the Realm nor by the holy Scripture to any rite ceremonie or circumstance or to any exact forme or particuler maner in teaching what reason can any maÌ„ pretend that the not particularizing of al rites ceremonies or circumstances in the Scripture or the not establishing of any order by the law of the Realm touching discipline should altogether hinder everie Minister from the administration of al discipline in the church For as touching the aunswere that the Ministers may and doe exercise not the Answere to the abstract Pag. 59. least partes of Discipline of declaring by doctrine according to the worde of God mens sinnes to be bound and loosed and the censure of rebuking and reproving Pag. 55. openlie and that the discipline Discipline of declaring by doctrine is called discipline erroneouslie which the Minister is to execute reacheth no further then to reach his Parish with all diligence to keepe and observe so much of the Doctrine Sacramentes and Discipline of Christ as apperteineth vnto them as touching this aunswere I say it is as erroneous as the former were frivoulous and impeâ—tinent For as consolation and comfort by way of exhortation so reprofe and sharpe rebuking by way of dehortatioÌ„ belong properlie to that part of the Ministers function which concerneth the binding and loosing of sinners by doctrine and not by discipline and is but an application of the doctrine to a wounded or seared coÌ„science Hee therefore that leaveth no other Discipline to be executed by the Pastor of the church then of declaring by doctrine mens sinnes to bee bound or loosed and by teaching his Parish to obserue doctrine sacraments and discipline Discipline doctrine confounded by the Answerer confoundeth the matters both of discipline and doctrine Againe if not any other discipline was ment to be attributed to everie Minister then such as is declared by doctrine theÌ„ these words viz. and the discipline of Christ were superfluouslie and idellie added by the Parleament For then had it bene sufficient for the Parleament to haue enioyned the Bishopp to demaund of the Minister onely this and no more viz. Whether will you giue all faithfull diligence to Minister the Doctrine and Sacraments of Christ There is therefore some other kind of discipline of Christ intendeth by the Parleament to be attributed The Parleament intendeth some other discipline then of declaring by doctrine vnto euerie Minister and wherewith also the law of the Realm doth enable euerie Minister then is this maner of discipline of declaring by doctrine teaching the people And this discipline also must needs be vnderstood to be of the spirituall censures of the Church because Christ neuer instituted any other discipline And therefore because our opposites agree with vs in a generalitie that the doctrine Sacraments and Answere to the abstract 55. 60. discipline of Christ are to be Ministred as the Lord hath commaunded onlie none otherwise and yet neuertheles doe dissent from vs touching the persons by whom this discipline is to be ministred because say they everie particuler ceremonie rite or circumstance of externall policie are not set downe in scripture because of this their answere I say it is to be coÌ„sidered First vnto what persons the function of the ministration of the discipline of Christ by the holy Scriptures is coÌ„mitted Secondlie whether the same persons with their functions be arbitrable ceremonious rituall or circuÌ„stantiall to be altered chaÌ„ged by authoritie of the Church as thinges To what persons the discipline of Christ by the scriptures is committed whether the persons bee arbitrable or no. indifferent yea or no. To the first seeing to one and the selfe same person the holie Scriptures attribute these two names Bishop and Pastor thereby signifying what are the two duties which belong to the same one person and seeing also no one person by Gods word is called a Bishop or Pastour in regard of Phil 1. 1. his fellow brethren the other Bishopps Tit. 9. 1. 5. 7. or Pastours but in regard of his owne flocke which he overseeth and seeing 1 Tim. 3. 1â— also in well ordered Churches by the ordinance of God certeyne men of approved godlines called according to the common name of the Hebrewes by the common name of Elders whom partly calleth governors were ioyned as ecclesiasticall Magistrats to the Bishop 1 Cor. 12. 28. Pastor or teaching Elder by whose coÌ„mon direction authoritie ecclesiasticall discipline was practised seeing I say these things are so we affirme that the persons to whom the ministratioÌ„ of the discipline of Christ rightlie belongeth are the persons onlie aboue specified and none other And further we say if any spirituall Discipline or power which directlie belongeth vnto the conscience The Discipline of Christ prophaned if the same be ministred by other persons then the holie scriptures doe appoint be ministred in the church by any other persons theÌ„ by those persons only that the same discipline is not to be called the discipline but a mere prophanation of the Discipline of Christ For as it is vnlawfull for any person to vsurpe any part of the Bishopps or Pastors office which consisteth in spiritual teaching the word and administring the sacraments so is it also vnlawfull for any person to vsurpe any parte of a Bishopps Pastors or Elders office which consisteth in spirituall rule and gouernment Whervpon it secondlie followeth that the same persons with their functions are not arbitrable ceremoniall rituall and circumstanciall as things indifferent to be altered by the authoritie of the church but perpetuall substanciall essentiall and as it were the verie mayne and fundamentall pillers to vphold stay the house of God from all spirituall sliding and falling downe And therefore from the execution of the discipline of Christ we seclude the persons of all humane Archbishopps humane Bishoppes Suffraganes Archdeacons Chauncelors Commissaries Officials and all Rowland Allens because their persons
in the same Sea for anie other profitable vse or purpose then onely for wearing of a whyte rochet walking with a pastorall staffe keeping seuen yeares Sabboth from preachinge in his parishe Church of Fulham consecrating of Chappels hallowinge of Fontes Christening as they call it of Belles whyting of Walles painting of Tombes garnishing of Sepulchres preserving of superstitious Monumentes in glasse Windowes repayring and gylding rotten and outworne Crosses confirming Leases of Benefices with cure of soules vpon small rentes improprying Churches or such like For if the great thinges of his Episcopall power may bee transferred eyther by expresse or by secret consent eyther by commission or custome and that as well to an inferiour as to a superiour as well to a Suffragane a Deane an Archdeacon and a Prebendarie as to an Archb. then it seemeth reasonable that the smaler things before spoken of may well bee performed without anie Lordly authoritie When I had thus finished according to our line that whiche I firste vndertooke against the Admonitors pretensed dangerous alterations innovations and inconveniences was also purposed to haue added that which in myne opinion seemeth to prove that whiche the Admonitor by his opinion denyeth viz that the externall goverment of the Church should alwayes and in all places bee one when I saye I had thus purposed by reason of some other present and for the time more necessarie occasion I was drivē to alter my mind and to shewe the same in a place somewhat more convenient And yet in the meane whyle it shall not be amisse but a thing verie necessarie in this place so to cleare the state of the question betweene the Admonitor and mee as the same beeing rightlie before hande vnderstoode there might no preiudicate opinion bee conceaved against the trueth The Admonitor against the not having of one forme of externall policie in all ages and states of the Church of Christ alleadgeth that in Denmarke they haue Bishoppes both in name and in office that in Saxony they haue Archbishoppes and Bishoppes in office but not in name that in Tigure they haue no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneua in Scotland in other places they haue a gouernment not much vnlike that platforme which is desired to be amōg vs that in Saxonie Basill they kneele at the Lordes Supper all Tigure they sitt it is brought vnto thē that in other places they go and receyue 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 receyued haue bin directed by the spirit of God to reteyne this libertie that in externall gouernment and other outward orders they might choose such as they thought in wisedom and godlines to bee most convenient for the state of their countrey and disposition of the people Vnto all which we answere briefelie viz. that Bishoppes both in name and in office beeing of diuine institution ought aswell to bee in the Church of England as of Denmark that it is an errour by their leaue in the Church of Saxony not to haue Archb. and Bb. in name if so be they hold it lawful to haue Archb. and Bishops in office For what should a necessarie officer doe without a conuenient 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 shee ought not to mislike or what it ought not to think tollerable And thē what a poore proofe is there here made trowe we for the confirmation of the corruptions in the Church of England by producing for two witnesses two erroures in the Church of Tigure 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 haue the whole christian Kingdome of Scotland the most famous and renowmed Church of Geneua and sundrie Churches by his confession in other places to be lights vnto vs and to agree with vs in a gouerment not much vnlike to that which we desire wee haue not only great cause to reioyce in this our desires but also to be much comforted and encouraged by these examples by all holie meanes to labour the full accomplishment thereof For by this testimony by these instances giuen produced by him selfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the vnnecessaries and inconvenientnes of hauing the Apostolicall and primitiue gouernment in the time of peace vnder a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soueraigne and free Princes Potentates and Powers not being vnder Tyrantes and persecution receaved the same as being the best the fittest the convenientest most necessarie gouerment yea even in the time of peace and vnder their christian Magistracie for the state of their countrey and disposition of their people And as touching rites ceremonies we affirme not that every rite ceremonie or circumstance to be vsed in the externall execution of church goverment is preciselie sett down in the holy Scriptures but touching the substance of goverment thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to bee over the Churches in everie Countrey observing the generall rules of decencie comelines and edification haue libertie with the consent of their Christian King or other supreame Magistrate to choose what rites ceremonies they in wisedome and godlines shall thinke most convenient And therefore wee graunt that the officers of Christ in the vse and dispensation of their functions are no more exactlie tyed by any direct commandement in the holy Scriptures to vse at all times and in all places one only maner of rites ceremonies then were the Priests of the law to vse all one maner of kniues to kill their sacrifices or the singers to sing all songes after one maner of tune or vpon one kind of instrument or then are Kinges Princes in all Countreys commanded to vse all kind of circumstances in the outward execution of civill iustice in their common weales As then as it was lawful for the Priests to haue kniues and trumpets of divers fashions and for the Levites to haue their Musicall instrumentes of divers formes Nay as sundrie Iustices of peace in sundrie Shires of the Kingdome are not bound to keepe their quarter sessions all in one day to begin to breake their sessions at one instant to stande to sit to walke when soever they speake to weare all one fashion hates cappes cloakes or gownes and such like so likewise is it with the Bishops Pastoures and Elders of the church In the ministration of Baptisme there is no direct cōmandment that the vessel to hold the water for the