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
holy Gospell harboured onely by the Queene the Lords temporall and commons what more playne euidence or better proofe can there be that the Lords spiritual by any necessitie be neither principalls nor accessaries neither branches nor buddes neither hanginges nor sealings nor anie furniture for the house of Parleament And of this opinioÌ„ are the soundest Historians and sincerest Divines of our age In the fifteenth yeere of King Edward Act. Mo. fol. 320. the third saieth Maister Fox divers petitions being put vppe in Parleament against provisions comming from Rome the Kinges answere and agreement was made in forme following viz It is agreed by the Kinge Earles Barons Iustices other wise men of the Realme That the petitions aforesaid be made in sufficient forme of law Where it is to be noted saith he that at the graunt hereof the consent of the Bishoppes is neither named nor expressed with the Lords of Parleament and yet the Parleament standeth in his full force notwithstanding At an other Parleament saith he William Wicham Bishoppe of Winchester Act. Mo. 525. for a slaunderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falsehoode was so by the Duke of Lancaster pursued that by act of Parleament hee was condemned and depriued of all his temporall goods And this seemeth to haue bin done saith Maister Fox without assent and against the willes of the Lords spirituall for afterwarde at an other Parleament great sute was made by the Cleargie for deliverance of the said Bishoppe and being asked a subsidie in the Kings behalfe with great lamentation they complayned for lacke of their fellow and brother of Winchester and denied to ioyne them selves in anie tractation of anie such matter And in another ParleameÌ„t holden at Yorke in the sixt yeere of King Edward the third all Act. Mo. 519. such lawes as then passed and were coÌ„cluded by the King Barons and Commons were good notwithstandinge the absence or malice of the Lordes spirituall For it is recorded saith he that onlie the Archb. of Yorke the Bishoppe of Lincolne and the Abbottes of Yorke Silby were there present In a booke intituled the burninge of Paules church in London 1561. and in the fift question moved by a papist it is said that this maner of ministration of Sacramentes set foorth in the booke of coÌ„moÌ„ prayers was neuer allowed nor agreed vpon c. no not by the Clergie of Englande at the last Parleament but onlie it was agreed vpon by the Laitie which had nothing a doe with spirituall matters or causes of religion Wherevnto the Reverend Father Maister Pilkington M. PilkingtoÌ„ Bishop of Duresme Bishop of Duresme aunswering was there not saith he a disputation for Religion appointed by the Queenes Maiestie wherein your Clergie was affraid to vtter their foolishnes in defending their superstition least they had taken more shame in answering theÌ„ they did in holding their peace I thinke the Vniversities with so manie places of the Realm receiving religion these other disputing for it may be counted to bee some part of the Clergie of the Realme And so it was not receyued without consent of the Clergie But these were not of the Parleament What then But as Ioash Iosaphat Ezekias and Iosias did not make a new religion but restored that which was defaced had long lien buried so our Parleament did not set forth a new religion but restore that which was godlie begane vnder the good King Edward confirmed by the Parleament and Clergie then c. But nothing can be concluded as a lawe by Parleament say they without consent of the Clergie there present But this havinge not their consent can not be counted a law as they thinke I had rather saith Maister Pilkington leaue this to bee aunswered by the Lawiers then otherwise Yet that the world may see that some thing may be saide in it we graunt him not this to be true that no law at all can be made without consent of Bishoppes Looke your old statutes of Parleament when Bb. were highest afore Edward the third and yee shall reade that they passed by the consent of the Lords temporall and commons without any mencion of the Lords spirituall which statutes many of them stand in strenght at this day Then it may well be gathered that the consent of the Clergy was not alwayes so necessarie as they thinke it The Lawyers Iudges and Iusticeâ—s put in practise execute these lawes therfore their doinges may bee a sufficient reason to lead the vnlearned what opinion they haue of these statutes For Religion except Iustice Raftall first executing that and afterward runing 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 contrarie to their knowledge and opinion they can not bee able to answere their doings but I thinke no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceyue the people goe about to deface all good godly order that displeases them In the dayes of King Edward they had the like fonde opinion that the Kinge could not make lawes in his minoritie vntill he came vnto full age and to make the people to disobey their Prince Hetherto Maister Pilkington Lorde Bishop of Duresme with whom the most worthy learned Maister Iewell late Bishop of Salisburie M. Iewel B. of Salisbury agreeth in every point The wise and learned saith he could haue told you that in the Parleaments of England matters haue evermore vsed to passe not of necessitie by the speciall consent of the Archbishops Bishops as if without them no statute might lawfully be enacted but onely by the more part of voyces yea although the Archb. Bishops were neuer so earnestly bent against it And statutes so passing in Parleaments onely by the voyces of the Lords temporall without the consent and agreement of the Lordes spirituall haue nevertheles bin alwayes coÌ„firmed and ratified by the Royall assent of the Prince and haue bene enacted and published vnder the names of the Lordes spirituall and temporall Read saith he the statutes of K Edward the first there shall ye find that in a ParliameÌ„t holden at St Edmondsbury the Archbishops Bishops were quite shut foorth and yet the Parleament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the recordes thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parleament with his Barons the Clergie that is to say the Archbishops and Bishops beeing shut foorth it was enacted c. In provisione de matrona in the time of King Edward the third whereas matter was moved of bastardy touching the legitimation of bastards borne before mariage the statute passed wholy with
carefullie vse this his freedome And therefore he may not wholy and altogether put from him selfe and expose at haphazard the provision education instruction dieting appareling and lodging of his wife his sonnes his daughters and his servaunts vnto strangers neither may Husbandes Fathers nor Maisters giue their consent to the making of anie lawe or the bringing in of anie custome whereby their freedomes should be restreyned adnihiled or made voyde in this behalfe For by thus violating the rules and grounds by thus treading as it were vnder foote the equitie of Christ and the freedome they haue by the lawe of God should they not most prophanelie and impiouslie despight God and as it were over turne the whole order he hath set in nature And if the people may not cast off these rules and these groundes this equitie and this freedome in thinges apperteyning to this frayle bodily transitorie and earthlie life howe much lesse may they cast them off or sett litle by them in things apperteyning to the salvation of their soules and to a durable spirituall everlasting and heavenlie life But the peoples right to choose their Obiection that the peoples right did neuer depend vpō the expresse commandemēt of God Bishoppes did never depende vpon the expresse commaundement of God neither can the people chalendge by Gods law the right to chose their Bishoppes I meane saieth he no such thinge is expressed and conteyned in the Scriptures What then if it doe depend or bee conteyned vnder the generall groundes and rules of reason nature christian equitie christian societie principles of humane fellowshippes the law of God the practise of the Apostles and that which was from the beginning Is it not sufficient Though it bee not expressed in these termes viz That the people must chose or that the people haue right to choose their Bishoppes It is not expressed and conteyned in the scriptures that everie man must choose his owne wife or that everie woman must choose her own husband And yet by the doctrine expressed or conteyned in the scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that everie man hath right to chose his owne wife and every woman right to choose her owne husbande Againe it is not expressed and conteyned in the scriptures that infantes must bee baptized Neither is it expressed and conteyned in the scriptures that the Bishopp of Lichfield must haue but one wife Yet because it is conteyned in the scriptures that God in the beginning brought but one woman vnto one man and gaue to one woman but one husband I assure my selfe it wil not be denied but that the Bishops must and doth content him selfe with one wife and that every Christian ought to bring their children to be Baptized Besides if Maister Bilson distinguish Bishops in England from Pastors in England and Arch-Bishops in England and Pastours in England two severall orders and degrees of Ministers in the Church of England then I graunt that it is neither expressed nor cōteyned in the Scriptures that the people must choose their Bishops in England And why but because the Scriptures having put no difference betwene Bishops and Pastours knowe no such Bishops as wee haue in Bishopps in England are only Bishops by the Kings grace not by diuine institution England And therfore Bishops in England being Bishops only by the Kinges grace and not by divine institution and ordination as Pastours in Englande be hence is it that the Kings of England by their prerogatiue Royall and not the people by the rule of Scriptures haue chosen their Bishops in England And for this cause also was it that Kinge Henry the eight with advise of the Parleament did reassume the nomination appointment investiture cōfirmation of his Kingly Bishops from the Pope As for the nomination of Pastoures having cure of soules in parishes otherwise Pastors in parochiall Churches were neuer placed by the King as Bb. are in their Bishoprickes then all patrones by right of patronage doe giue presentmentes their choyse institution translation or deprivation the Kings of Enland by their regall power never yet hetherto tooke the same vpon them And if the Kinges 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 then by vsurpation can the Bishops haue to impose or thrust vpon the people Pastours without their liking But by custome and consent the people haue restreyned them selves Herevnto if it were not already sufficiently answered that the people could not lawfully restreine them selves yet Maister Bilson him selfe answereth That the late Bb. of The people lost their cōsent by cursing fighting of the Popes Rome neuer left cursing fighting till they had excluded both Prince and people and reduced the electiō wholy to the Clergie By cursing and fighting then haue the people bene overruled and excluded and not by custome or consent haue they restreyned them selues Yea by vertue of this cursed fight onely doe the Bishoppes of Englande at this day exclude both Prince and people from medling in the choyse of Pastoures For by authoritie of the canon law made by those late cursing and fighting Bishopps of Rome the Bishoppes of Englād haue the sole ordination and placinge of Pastours over the people And from hence also is it playne that the peoples right was not by their default or abuse relinquished and forfeyted For then then late Bishoppes of Rome needed not to haue cursed and fought for it And now whether it bee not meete that the Lord Bb. professing them selues to bee Christian Bishoppes should still reteyne in their handes and not restore vnto Christian people the possession of their Christian equitie and freedome extorted from them by the cursings and fightinges of antichristian Bb. I leaue it to the consideration of the reverende Bishoppes them selues Touching the mischieves and inconveniences of schisme troubles strifes contentions so often inculcated and so much vrged 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 auncient or late Historie that any Kinge or Soveraigne power hath interposed any supreame authoritie to appease any discord or dissentiō ensuing or raised vpō the bare choise made of any meere Parochiall Pastour by any faithfull and Christian people The schismes strifes and factions that were raysed in the old Schismes contentions spring from schismaticall and proud clergy maisters Churches sprang out and flowed onely from the heads and fountaynes of those schismes strifes factions and namely from proud ambitious and hereticall Bishops and great Clergie maisters For they being infected and poysoned with the contagion of schisme and heresie having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no merveile if the people
perinde vares pluralities non residencies wherin not the people to be taught but their owne backes and bellies to bee clothed and fedde is wholy respected Now theÌ„ that this manner of goverment wherin the afore specified and the like discoÌ„modities daylie fall out vnder colour of not diminishing the Kings prerogatiue of not altering lawes setled of not attempting dangerous innovations of the preserving of the right of Patrones Bb. and Archd. should still be continued without any mention or remembrance to be once had of their discontinuance especiallie in the time of peace vnder a Christian Magistrate and in a state as he sayeth reformed wee humbly leaue to the wise and mature deliberation of our most Christian King and State in Parleament And we most humbly beseech the King State that indifferentlie freelie and largelie it may be argued SupplicatioÌ„ to the Kinge and State in Parleament heard and examined whether it be possible that the tenth parte of these or anie other the like disorders corruptions grievances can possibly fall out in the church by that platforme of Discipline which is required to be planted And to the end that the Kings Maiestie and the State might rightlie and perfectlie bee Petition ordinatioÌ„ c. of Ministers or Pastours howe the same may be made without Bb. or ArchdeacoÌ„s not disagree able to divers lawes alreadie setled informed and resolved of those pointes whereof we now speake viz of the petition ordination election presentation and admittance of every Parochiall Pastour to any church with cure of soules how the same may stand and not be disagreeable to diuers lawes alreadie setled and in force it is requisite that the substance of these thinges in this place bee intreated of wherein against the base office meane person of the Archdeacon we oppose the Royall office most excellent person of the King against the immoderate office and stately person of one lordly Bishop we oppose the meeke and teÌ„perate cariage of a Senat or Presbyterie of many wise learned and grave Ministers togither with a Reverend assemblie of the Ancientes and chiefe Fathers of every Church destitute of a Pastour As for the Patrones right wee are so far from diminishing any iotte of the true right which by laws setled he ought to haue as that he shall quietlie possesse his interest and that with lesse trouble and expence yea and with greater priviledge then he did before Thus therefore touching the office and person of the King the duetie of the Presbiterie people the right of the Patron and the person of the Minister to bee ordeyned thus and thus we saye 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 ful power and authoritie by letters pateÌ„tes vnder the great seale of England when and as often as need shall require as he shall thinke meete and coÌ„venient and for such and so long time as shall please his H. to assigne name authorize such person or persons beeing naturall born subiectes as his Maiestie shal thinke meete to exercise vse occupie exequut vnder his H. all manner of iurisdictions privileges and preheminences in any wise touching or concerning any spirituall or ecclesiasticall iurisdiction within this Realme of Englande Agayne by the booke of ordeyning Bishoppes Priestes and Deacons it is prescribed that the Bishoppe with their The Bb. Priests must lay on their hands Priestes shall laye their handes severally vpon the heads of everie one that receaveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficientlie instructed in the holy Scriptures a man meete to exercise his ministerie duelie that he must be called tried and examined that he must bee presented by the Archd. 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 H. 8 it is affirmed That a Bishoppe must haue sixe The Bishops must vse six Chapleines at giuing of orders Chapleines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remayne vnto this daye distributed into certaine Deanries Every Archdeacon devided into Deanries amoÌ„g the Ministers of which Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie vnles by consent some other be chosen by the Ministers them selues hath the first place and is the chief director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbiter or Decanus curalis according to the appellation of the chief Minister of the mother or chiefe church of that Diocesse who is called Archipresbiter or Decanus cathedarlis so that vnto this day these Ministers meeting at the ArchdeacoÌ„s visitations once in a yeare at the least there remayneth in the Church of England a certaine image or shadowe of the true ancient Apostolicall conferences and meetings Wherefore from these lawes from this ancient maner of the meetinges of Ministers and of having one principal and chief moderator amongst them according to the Apostolicall practise and vsage of the primatiue church thus alreadie setled in the church of England wee humbly leave it to bee considered by the Kings Maiestie First whether it were not meete and convenient for his Highnes by his letters patentes vnder the great Seale of A Minister to be ordeined by the Bishops and a companie of Ministers at the Kings commandement England to assigne name authorize the Bishops six or moe Ministers within everie Deanerie continually resiant vpon their benefices and diligentlie teaching in their charge to vse and execute all maner of iurisdiction privilege and preheminence concerning any spirituall ordination election or institution of Ministers to bee placed in the Parochiall Churches or other places with cure of soules within Secondlie when any Parish Church or other place with cure of soules shal be voide whether it were not meete convenient that the auncientes and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie vnto the office Vacancie of a benefice to be intimated to the kings office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie froÌ„ the King might command in the Kings name the Bishop and other Ministers to elect and ordeine and the people of the same place to approve allow of some able and godlie person to succâ—ede in the Church Thirdly the Patrone if the same be A lay patrone insteed of varying his Clerck may present two Clerkes at one time a common and laie person having now libertie to vary his Clerk if he be found vnable whether it were not meete and convenient to avoid all maner of varying that within
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
Archbishop of Canterburie cā haue over nine thirtie or fortie thē me thinketh it a matter very reasonablie of them to bee confessed that all true Pastors whether they bee great Pastors or litle Pastors may lawfullie exercise all maner of such true power spirituall as vnto true spirituall Pastors by the holie scriptures doeth apperteyne For if Bishops being great Pastours may therefore preach minister the Sacraments because they be as they say true Pastors thē also may litle Pastors therfore excommunicate because they bee as the scripture saith true Bishoppes Wherefore if the L. Bishopp of London by vertue of his Pastorall office as hee thinketh which with his brethren the other Pastors of his Diocesse he hath in commō deriveth vnto him immediatlie from the word of God may lawfullie excōmunicate then the pastorall office which Maister Doctor Androes hath ouer the people of his Parish of St. Gyles without Creeplegate and the pastorall function which Maister Doctor Whyte hath ouer the people of St. Dunstones within Temple-barre beeing as absolutelie as immediatlie deduced vnto them out of the same word what profe can be made out of the worde that the Bishoppe being not Lord Pastour of the Pastours of his Diocesse may lawfullie by the worde excommunicate all maner of offendors both Pastors and people within his Diocesse and yet neuertheles that neither Maister Doctor Androes nor Maister Doctor Whyte by the same worde may excommunicate any one of their Parishioners at all Nay further what reason can there be afforded from the law of God that Maister D. Abbot Deane of Winchester that Ma. Browne Maister Barlowe and diuers other prebendaries in the church of Winchester hauing certeyne parochiall and pastorall churches annexed to his and their Deanrie and Prebendes and Maister D. Grey in his parish by their pastorall functions should haue absolute authoritie vnlesse it bee during the time of the L. Bishoppes trienniall visitation to exercise the discipline of Christ within their seuerall and peculier churches and yet notwithstanding that neyther Maister Richman nor Mai. Burden being both of them graue godlie learned Pastors should haue at any time anie pastorall authoritie to exercise any censure at all And as it is in the church of Winchester so is it in the church of Paules in the church of Salisburie in well nigh all if not in all the Cathedrall Collegiall Churches thoroughout the Realme The Deane Prebendaries and Canons hauing certayne parochiall Churches exempted from the Bishopp within their exempt and peculier iurisdictions by mere Pastorall authoritie for episcopal authoritie by the lawes of the Church haue they none may exercise all maner of spirituall censures and that aswell by their substitutes as by them selues Nay which is more in Cheshire Lancashire Rurall Deanes in Cheshire c. vse some part of episcopall power Yorkeshire Richmondshire and other Northeren parts there be manie whole Deanries exempted from the Bishopps iurisdiction wherein the Deanes and their substitutes haue not onlie the probate of Wills and graunting of administrations but also the cognisance of ecclesiasticall crimes with power to vse the ecclesiasticall censures Yea and this authoritie of the executiō of ecclesiasticall censures haue those Deanes either long since by some papall priviledges Episcopall power to excōmunicate graunted by papall priuiledges or prescribed vse obteyned or els by long vse prescribed against the Bishopps Whereby againe it is clerelie convinced that Episcopall excommunication vsed in the Church of England is not of divine institution but onlie by humane tradition For were it of diuine right then could the same Power to excommunicate if it be of diuine right may not be prescribed no more bee prescribed or by papall immunitie be possessed thē could these Deanes prescribe power or bee enfranchised to preach the word or to administer the Sacramentes These things haue we thus at large more fullie intreated of to the end that the Kings Highnes and his Parleament and all sortes of people might well vnderstand howe it is not altogether an vnvsual and vnaccustomed thing in the Church of England that private inferiour ministers as they call them in their owne right and in their owne parochiall parishes without any authoritie from the Bishoppe should exercise even the highest censure of the Church And that in sundry places of the Realm there is no preeminence in the matter of the execution of the censures attributed to a Bb. aboue a Minister Nay whiche is more then is attributed to a Bb. aboue a No more preheminēce given to a Bb then to a Minister or to a lay man in some places for the vse of excōmunication lay man yea then to such a lay man who is authorized onlie by a lay man to his office Which is evident by the ecclesiasticall iurisdiction and censures exercised a long time by lay men in the peculiar iurisdictions of Newton Gronbie Anstic Soke of Rothelie Evington and other parishes hamlettes in the Countie of Leycester The officers of al which places for their spirituall authoritie having not had any other warrant then such only as hath bin signed sometimes vnder the hande and seale of the right Honorable the Earle of Huntingdon deceased sometimes of the Honorable Sir Henrie Grey knight sometimes of Henrie Skipwith Esquire and sometimes of others For the avoyding therefore of sundrie intollerable inconveniences whiche hitherto hath ensued for want of that authoritie which the Law setled doth enable every Minister with It is most expedient that all humane authoritie in the execution of spirituall censures bee vtterlie taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly pastors with discrete Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and primitiue church I had almost forgotten to speake of one common and vsuall kinde of iurisdiction spirituall in the vse of the censures of the church by the Archb. which in cases of their prerogatiue they haue prescribed against the Bb. over the presbyters and people of euery Bishoppes Diocesse and Archdeacons iurisdiction within their provinces of one other cōmon and vsuall kinde of pretensed spirituall iurisdiction and vse of the censures which the Archb. and sometimes the Deane and Chapiter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of iurisdiction censures so called of the Church whiche Suffraganes and Archdeacons haue and do vse As touching which supposed spirituall power both of the Archbishopps Archdeacons because the same their power doth only belong vnto thē iure consuetudinario non scripto by vnwritten and not by written lawe I must conclude against the iurisdiction of the Archbishopps prerogatiue and against the Archdeacons iurisdictiō in all cases as out of St. Cyprian King Henry the eight concluded against the Pope viz That their authorities can not be from Christ Because Christ saide
the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
them as by any of the reverende Bishops or venerable Archdeacons their Chancelors or Officials If there be ame exception alleaged by the defendant as of composition prescription or privilege the Kinges Iustices are as able to iudge of the validitie of these as they are now able to determine customes de modo decimandi or of the vse of high wayes of making and repayring of bridges of commons of pasture pawnage estovers or such like Trueth it is that of legacies and bequestes of Legacies how they may be recouered at the coÌ„mon lawe goods the reverend Bishops by sufferance of our Kinges and consent of our people haue accustomablie vsed to take cognyzance and to hold plea in their spirituall Courts Notwithstanding if the legacie be of landes where landes be divisible by Testament the iudgement thereof hath ben alwayes vsed and holden by the Kings writ and never in any ecclesiasticall Court Wherfore if it shall please the King to enlardge the authoritie of his Courtes temporall by commandinge matters of legacies and bequestes of goods aswell as of landes to be heard and determined in the same it were not much to be feared but that the Kings Iustices the Kings learned Counsell and others learned in the law of the Realme without any alteration of the same law would spedelie find meanes to applie the grounds thereof aswell to all cases of legacies and bequests of goods as of landes For if there bee no goods divisible by will but the same are grauÌ„table and confirmable by deede of gift could not the Kings Iustices aswel iudge of the gift of the thing given by will as of the graunt of the thing graunted by deede of gift or can they not determine of a legacie of goods aswell as of a bequest of landes If it should come in debate before them whether the Testator at the time of making his will were of good perfect memorie vpon profes and other circumstances to bee opened and made of the Testators memorie by livelie testimonies either the Admonitor must condemne the Kinges learned and discreete Iustices to be 〈◊〉 mentis insanae memoriae or els it must be confessed that they be as well able to iudge of the distraction of wits and vnsoundnes of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If anie question should arise vpon the revocation of a former will of the ademptioÌ„ of a legacie or of a legacie giuen vpon coÌ„dition or in diem it would be 〈◊〉 matter for the learned Iudges vpon sight of the Will and proofes to be made to define which is the first and which is the last will whether the legacie remayne or whether it be revoked whether it be legatum per rerum or 〈◊〉 whether condicionall or without condition And if it bee condicional whether the same be possible or impossible honest or dishonest and if it be 〈◊〉 whether the day bee past or to come But there lyeth no action at the commoÌ„ lawe for a legatorie against the executor to recover his legacie I graunt But a creditor to recover his dâ—â—t due by the testator vpon specialtie may bringe an action at the common law against the executor And then what is the cause that a creditor may recover his debt that a legatorie can not recover his legacie in the Kinges Court but onlie for that remedie could not be giuen vnto legatories complaynantes by any writt out of the Chancerie And therefore that such plaintifes might not be deferred of their right 21. Ed. 1. statute vpon the writt of consultation remedie in such cases to their great damage it hath pleased the Kinges by sufferance to tolerate the Church officers to determine these cases Wherefore if it might please the King to cause Writtes to bee made out of his Court of Chancerie for the recoverie of Legacies it were cleere by the common law of the Realme as from the statute may be gathered that the cognizance of these cases did not appertayne anie more to the spirituall Court. For then might the legatorie by that Writt bring an actioÌ„ against the executor to obteine his Legacie But how should that action be tryed How even as other actions of debt detinue or trover be tried namelie as the case should require either by the countrey or by the Iudges vpon a moratur in lege As Testamentes with their adherences so likewise matters of Spousalles Matters of mariages more meete to bee decided by the Kings then by the Bb. officers Mariages divorces c. togither their accessories by common right of the Imperiall Crowne did in auncient times properlie apperteyne to the examinations and sentences of the Emperours them selues to their Provostes Deputies and Presidentes of Cities and Provinces as by the several titles de Testamentis Legatis Fidei commissis Nuptijs repudijs divortio dote c. in the books of the civil law appeareth By the Law of England also the King hath the mariadge of an heyre being within age in his warde Widowes also that hold of the King in chiefe must not marie them selues without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maydens that be inheritors being within the age of sixteene yeres or marie them without consent of their Parentes And what reason letteth them that the King might not as well haue the care and cognoyzance of all the coÌ„tractes of mariage especially of the mariage of all children and Widowes in his temporall Courtes as he hath of some parties to bee contracted of the Dower of the ioynture of the dis aragment of the age of the 〈…〉 way of the deflouring and of manage without parentes consent in some cases or what a verie great alteration of the common Law could ensue in case the Kings temporall Iustices did examine and determine whether the contract were a pefect and simple or condicionall contract yea or no For if vpon the statute made by Phi. and Mary that Maydens and Women children of Noble men GentlemeÌ„ c. being heyres apparant c. and being left within age of xvj yeares should not marie against the will or vnknowing of or to the Father or against c. If I say vpon the publishing of this Act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the coÌ„mon law must followe if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age so euer For if the King in his temporall Courts had the definitioÌ„ of all aswell as of some contractes made by children without consent of parents then should a multitude of lewde and vngodlie contractes made by flatterie trifling gifts faire and goodly promises of many vnthriftie and light personages
be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Steven Gardener is but a quarelsome and wrangling argument Admonition If this goverment whereof they Pag. 7◠speake be as they say necessarie in all places then must they haue of necessitie in everie particular parish one Pastor a companie of Seniors and a Deacon or two at the least al those to be found of the parish because they must leaue their occupations to attende vpon the matters of the Church But there are a number of Parishes in England not able to finde one tollerable Minister much lesse to find such a companie Assertion This argument seemeth to be drawne from kitchin profite and is but a bugbegger to scarr covetous men from submitting their neckes vnto the yoke of that holy Discipline which our Savior Christ hath prescribed and which the Admonitor himselfe confesseth to haue bene 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 argumēt That Seniours Deacons should be found at the charge of the Parish is absurd worthy to bee examined though in it selfe the same be very vntrue absurd For who did ever fancie that a Pastour 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 leaue their occupations to attend vpon the matters of the Church Why there be many hūdreths of parishes in England wherein there dwelleth not one man of an occupation And what reason then or likelihood of reason was there to father such an absurd necessitie vpon the Church As for the necessitie of having one Pastour in every particular parish and of his finding by the parish because it is his duety to attend vpon reading exhortation doctrine although he be no man of occupation this I say is agreable consonant to the goverment of the church practised by the Bishops And therefore in the finding having of one Pastour in every parish they and we differ not But that men of occupations onelie should bee chosen Seniours and Deacons in every parish or if Seniours and Deacons were men of occupations in any parish that they should bee all found of the parish wee vtterly disclayme as an absurditie of absurdities And yet wee deny not but in Cities and great Townes wherin for the most part men of trade do inhabite that Seniours Deacons must of necessitie be men of occupations Vnlesse then an occupation must of necessitie hinder men from being faithfull religious godly men there is no reason to inforce that mē of occupations in Cities and great townes should not be chosen Seniors and Deacons And as for Countrey parishes What kinde of mē ought to be chosen Seniours Deacons wherein either verie fewe or no men of occupations doe reside this obiection is altogether idle In which parishes also we affirme that men of greatest gravitie integritie wisedome faith and godlines ought to be chosen Seniours and Deacons And we doubt not but all such men as whom we intend ought to bee chosen Seniours and Deacons whether dwelling in Cities Townes or in the Coūtrey would be as readie as willing and as watchfull prudentlie to imploy them selues hereafter in matters of the Church as now either them selues or their equalles are busied in matters of their corporations or common weale without anie maner of contribution to be yeelded towards their finding When the people of Israell were commanded to pay their tythes first fruites and other oblations vnto the Priestes Levites for their attendance and service in the Sāctuarie we doe not reade in the whole booke of God that they were inioyned to be helpers and cōtributors to the reliefe and sustentation of the Captaynes over thousands of the Captaines over hundreds nor of the Elders Governours placed Citie by Citie for the affaires of the King And therefore sithence we haue neither precept nor president that all the officers of the church should bee founde at the costes of the Church and sithence also as well in Coūtrey parishes as in Cities townes to the prayse and glorie of God be it spoken we haue many able wealthie substantiall persons who haue giuen their names vnto Christ what necessitie is there that any such Seniours and Deacons should be elected as haue need to be relieved and supported by a common purse And had the Admonitor wel and advisedlie pōdered that our Church Church wardens side men are not found at the chardges of the parishes Wardens side men who carie a semblance of governing Seniours that our collectors also for the poore who iustle out the Deacons being all of them men of occupations poore husbandmen or day labourers and being not founde of the parish are notwithstandinge oftentimes in the yere troubled and turmoyled from one end of the Diocesse vnto the other and that which is more from attendance vpon their day labour husbandrie and occupations to weight and to attend not vpō matters of the church but vpon money matters perteyning to the officers of the Bb. Consistorie Had he I say wiselie and sincerelie considered these things he would certeinlie not once haue mencioned this so sillie and simple a suggestion But quite cleane to cutt of at one blow all the skirtes of the coat of this sillie bulbegger that the verie buttockes of it may bee bare and that the church may see there is no such burdensome charge to bee layde vpon her as is feyned the graue and godlie iudgement and policie of King Edward The iudgemēt of King Ed. the sixt cōmissioners touching Elders and Deacons the sixt his Commissioners authorized to compile a booke for the reformatiō of lawes ecclesiasticall according to an Act of Parleament in that behalfe provided shall rise vp for vs and pleade the trueth and equitie of this our sayinges The Commissioners names were these viz. The most reverend Father Thomas Crammer Archbishoppe of Canterburie Thomas Bishoppe of Ely Richard Cox the Kings Almoner Peter Martyr professor of Divinitie William May Rowland Taylor Doctors of the Lawe Sir Iohn Cheeke Iohn Lucas Richard Goddericke Maister Hadon and others All Titul de diuiois officijs cap. 10. fol. 45. which reverend learned and religious men as with one voyce accord speak one thing so thus and thus they speake Evening prayer being finished wherevnto all shal be attēdant after sermon in their owne Churches the chief minister whom they call Parochies and the Deacon if happely they shal be present or they being absent let the Ministers Vicars and Elders lo the Archb. of of Cāterburie afterwards a godlie Martyr and Bishoppes can skill of the name of Deacon and Elders with the people conferr about the money put apart to
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
did appertayne we leaue it to be considered whether the right to nominate elect ordayne for that time onelie might not hereafter devolve vnto the presbyterie as in like case it hath done heeretofore vnto the Bb. And from that Presbyterie if the same should make default that the benifice should be then in lapse vnto the King Lastly touching the nonhabilitie of A Clerke wronged by a refusall for nonabilitie how he may be releued a Clerke if the Clerke whom the presbytery should refuse come from one of the Vniversities then as a Clerke before time refused for non abilitie by the Bb. was to be tried by the Archbishop and by him to be alowed or disalowed so in this case we leaue it to be cōsidered whether it were not meete that this Clerke so refused and complayning himselfe vnto the Magistrate to bee wronged should haue his abilitie to bee againe tried by that next Synode of Ministers to be cōgregated within that Deanry And if vpon triall made and bringing a testimoniall vnder some authentike seale from the Synode of his habilitie whether the Presbyterie vpon a good peyne within a time to bee prefixed should not be constreined to ordeyne and dedicate A Clerk refused for crime to vvhom the nomination may devolve the same Clerke to the ministerie of the same Church And as for the refusall of a Clerke by the Presbyterie vpon obiection of crime if the crime be so haynous as for which by the canons of the church he might not be promoted to the Ministery then is it to be cōsidered whether the presbytery in this case also as in the former of nonhability might not nominate elect and ordeyne the Clerke to that place for that time only and vpon the presbyteries default the lease also to be vnto the King And thus haue we cōpared the manner of church gouerment now in vse touching these points with that forme of Discipline which is desired to bee planted By which cōparison the Kings The benefits ensuing the platform of ordination c. required Highnes may very easely discerne the differences betweene them to be such as whereby the Kings dignity and prerogatiue shall highly be aduanced the Kings poore subiects both Ministers people diuers wayes eased vnburdened the lawes better obserued to the vnspeakeable peace trāquilitie both of church common weale The Prophets triall of the Prophetes the peoples approbation of their Pastours the Ministers entrance into their Ministerie according to the Apostolicall practise of the primitive church would be a meanes vtterly to extinguish that schisme that remaineth yet among vs that we haue no Christian Ministers no Christian Sacramentes no Christian Church in England Besides the Ministers for letters of orders letters of institution letters of inductions for licences to serue within the Diocesse for licences to serue in such a cure for licences to serue two cures in one day for licences to preach for licences of resignation for testimonials of subscription for letters of sequestration for letters of relaxatiō for the Chancelours Registers Somners diners for Archidiaconal annuall and for Episcopall trieniall procuratiōs the Ministers I say to bee nominated elected ordeyned approved confirmed and admitted by the Patrone by the Presbyterie 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 Onlie for the Kings writts and for the traveyle and peynes of his Highnes Officers taken in and about the execution of the same writts some reasonable fees as it shal please the King may be taxed and set down The people also in soules in bodies and in their goods could not but be much comforted relieved and benefited They should not hencefoorth to the perill of their soules haue vnlearned vnable and vndiscreete Ministers thrust vpon them and set over them Neither should they be compelled vpō light occasions to take many frivoulous oathes in vaine They should not be summoned from one end of the Diocesse vnto the other nor bee posted from court to court from visitation to visitation The Churchwardens and sidemen of every Parish should not vpō peine of excommunication be constreyned once or twise in the yeare to pay six or eight pence for a sheet of three halfepeny articles They shall not any longer out of the common treasurie reserved for the poore beare the charge of their Parishes for making bills visitation divers other expenses There should be no more suits at law betwene Clerke and Clerke about the Patrons title no more suites of double quarell betwene the Clerke and the Bishop no more debate betwene the Bishop and the Archdeacon and lastly there should be no occasion of any riots and vnlawfull assemblies to bee made vpon entries and possessions by vertue and colour of two presentations two institutions and two inductions into one benefice at one time The Patrones as being Lords and avowers of the Churches might haue the custodie of the Churches during their vacancies and their ancient right in this behalfe restored All swearing of canonicall obedience vnto the Bishops by the Ministers all swearing and forswearing of Clerks for any symoniacal bandes promises or agreemēts betwene them and their Patrones and all robberies 31. Eliz. c. 6 and spoyling of the Churches by the Patrones should determine cease Especially if it might please the King Parleament to haue one clause of a statute against abuses in electiō of Schollers and presentation to benefices enlarged For although euerie corrupt cause consideration by reward gift profit or benefite to present be inhibited by that act yet notwithstanding by experience in many places we finde that the Patrones for small rentes and for many yeres are in possessiō some of the mansiō houses some of the glebe lands and some of the tythes of such benefices as since the publishing of that act haue bin bestowed vpon Clerks which breedeth great suspicion and ielouzie in the mindes of men that the Clerke and Patrone at the beginning directly or indirectlie did conspire to frustrate and delude the intendement of the statute And therefore wee leaue it to be considered by the Kinges Maiestie and Parleament If any Clerke after confirmation possession A meanes to restraine patrons from corruption to any benefice hereafter to bee made and given vnto him shall willinglie and wittingly suffer the Patrone of the same benefice or any other person in his name or to his vse directly or indirectly mediatly or immediatly to vse occupie or enioy the mansion house gleebe land or other ecclesiasticall commodities or any part thereof belonging to the same benefice In this case I say we leaue it to be considered whether it were not meete convenient that every such willing and witting sufferance by the Clerke and every such willing and witting possession vse or occupation by the Patrone should not be adiudged to be a iust cause to determine
the presentation to haue bin first made vpon corrupt respect and consideration And that therefore the Clerke ipso facto to loose the benefice and the Patrone ipso facto to forfeyte his right of patronage to the King for the two next turnes following And these being the principall reasons and groundes of our desires we are humbly to pray the Lordes spirituall either to convince them of indignitie insufficiencie and incongruitie or else to ioyne with vs vnto the Kinges Maiestie for the restitution of that maner of governement which they themselues confesse to haue bene practised at the beginning by the Apostles primitiue Church but the Admonitor hath yet moe reasons vnanswered against this platforme Admonition That euerie Parish in Englande may haue a learned discrete Minister howsoeuer they dreame of perfection no man is able in these days to deuise how to bring it to passe and especially when by this change of the Clergy the great rewards of learning shall bee taken away and men therby discouraged to bring vpp their children in the study of good letters Assertion In some part to iustifie this opinion I graunt that no man is able in these dayes to devise to bring it to passe that every Parish should haue a learned and discrete Minister And why because in these dayes not any one Bishop hath afforded to ordeyne one learned and discrete Minister for fiue Parishes secondlie because where some of the reverend Fathers haue ordayned and placed in many Parishes many learned and discrete Ministers some others of the same Fathers haue againe disgraded and displaced those learned and discrete Ministers in their romes haue placed manie vnlearned and vndiscreet Ministers Now then if these dayes wherein so few learned discrete Ministers so many vnlearned vndiscreet Ministers be ordeyned wherin also so many learned discreet Ministers are disgraced so many vndiscreet vnlearned Ministers graced If these daies I say were ended then albeit no perfection whereof never any one of vs dreamed could bee atteyned vnto and albeit no one man were able to devise how to bring it to passe that every Parish should haue a learned Minister Yet nevertheles all good and holy meanes being vsed to ayme and to shoote after perfection all good and holy men laying to their heads and applying their hearts to further this enterprise and service vnto God wee knowe that the Lord might call and make and fill with the Spirit of God in wisedome and in vnderstanding and in knowlege and in spirituall work-manship many Bezaliels and many Aholiabs spirituallie to karue graue 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 beeing vsed may easily bee atteyned and well made What perfection of a Minister is required by this platforme For the perfection required by vs to be in a Minister is none other then such as the holy law of God and the lawes canons and iniunctions already setled doe require viz. that every Minister to whō cure of soules is committed with some competent knowlege according to the measure of the grace of the gift of Christ be able to teach to exhort and to reproue the people yea and to convince the gainesayers if any should arise among them From whence also springeth the change intended by vs. viz. that in the Churches of all Ministers vnable to teach c. There might bee a change of Ministers able to teach c. Wherefore if the Admonitour ment otherwise then wee intend and if vppon placing a learned and discrete Minister in every Parish hee should not intende the change of an vnlearned and vndiscreet Clergie but a change of the high and Papall state of Prelacie then either is not his aunswere pertinent to the question or else it must necessarily follow from his intendemēt that the high and Papall state of Prelacie and the placing of a learned and Prelacy a learned Ministery can not stād together discrete Minister in every Parish are like vnto Coleworts planted among Vines or vnto Parsly sowed among Bishoppes Weede which will never spring grow and prosper together Because the rising of such a learned Ministerie must be the fall ruine and break necke of Prelacy And this followeth inevitable vpon his owne reason drawen from the taking away of the great rewardes of learning by the change of the Clergie For the great rewardes of learninge whereof he speaketh must of necessitie be the Prelacies viz. Archbishoprickes Bishopricks Deanries Archdeaconries Prebendaries Canonries Chanterships Commendames non Residencies and Pluralities And then lett vs obserue whether in effect hee hath not reasoned thus If Prelacies beeing the great rewardes of learning should not stand not be changed there is no man able to devise how a learned and discreet Minister may be placed in euery parish but if Prelacies the great rewardes of learning may once be chāged not stand then were it possible to haue it deuised that a learned and discreete Minister might bee placed in euery parishe And then hath he not profoundlie and learnedlie disputed when he hath preferred the Damsell before her Dame and the mayd before her Mistris When he hath aduaunced a great deale of learninge in one before a great deale of learninge in many and learning in some places before learning in all places lastlie when by continuance and furtherance of the great rewards of learning he hath greatlie hindered discōtinued learnednes and greatly furthered and cōtinued vnlearnednes For if Prelacies were no hinderances but only furtherances of discreet and learned Ministers and agayne if Prelacies were no furtherances but onlie hinderances of vnlearned vndiscreet ministers to be had in every parish then might the great rewardes of learning still remayne and men should not be discouraged to send their sonnes to the studie of good learning For generallie mē be not so much incouraged to set their sonnes to learninge where a few great rewardes of learning are provided for a few men greatly learned as where many good rewardes of learning are provided for many good learned mē are more encouraged to learning where many good rewardes then where fewe great rewards are provided men And to speake as experience teacheth vs and as the trueth is what one father among twentie will dedicate his sonne to learning if men as the case now stādeth vnder Prelacie not broght vp at the feete of Gamaliel but at the feete of some swashbuckler not taught from any Doctors chayre but schooled vpon some craftes man stoole when mē who can but read and can not preache may be Ministers capable of the fattest benefice within a whole Countie In the common weale if there be manie places of honor profite dignitie for such onlie as haue valiantly served the King in his warres or