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
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
to teach and to guide others we rest perswaded in our hearts that the King for his part treading in the steppes of the godlie Kings Princes Governours of Iudah will goe in and out before his people as they did before theirs And that he will rather not eate of the bread nor drinke of the wine of the governoures Nehe. 5. that were before him then that he will not remitt the provisions the seasements the fynes the impositions the amerciamentes that have bene exacted Yea also that he will feede from his owne table an hundred and fiftie Prophetes prepare for them oxen and sheepe and birdes and wine in all abundance because they are come vnto him from amoÌ„g the prelatistes that were about theÌ„ because their bondage hath bene grievous vnto them Yea further also we are 2 Chro. 11. perswaded that he will shake out of his Lapp everie servaÌ„t of his that shall beare rule over his people And thus much of the meanes whereby some impropriations may wholie be reduced to the vse of the Ministerie It followeth to shewe by what meanes other some impropriations may be converted in part to the maintenance of Ministers to be planted in Parochiall Churches now destitute of able Pastoures in case the sayde impropriations by none of the former meanes can be reduced whollie to their first and auncient institution Wherein these two things come principally to be considered First whether it were not convenient How impropriatioÌ„ may be in parte reduced to the Ministery by some wholesome lawe to haue it ordeyned that the Heades Governours Rulers and Maisters of the Vniversities Colledges Cities Townes Hospitalls free Scholes and other bodies politicke and Corporate should not from henceforth demise or sett to farme their or anie of their impropriations or anie of the glebe Lande tythes or other fruites belonging to the same vntill such time as all leases heretofore made bee fullie ended or otherwise determined Secondlie whether it were not convenient to have it enacted by the same lawe that all and everie impropried Church Churches with their glebes tythes and other fruites after the determination of the Leases now in being should be demised and sett to farme onlie to the incoÌ„bent Ministers of the same Churches for terme of their naturall lyves if so long they did continue reseant and faithfullie preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacramentes by publick authoritie now established in the Church of England And because by likelihood the Vicares will not bee able to pay fynes or incomes vnto the Colledges Hospitalls and other places and because also it seemeth reasonable that the Colledges Hospitalles other places by some other meanes should be recompenced we leave it agayne to bee considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeelde in money corne or other provision to the double or treble value of the anicient and vnimproved rentes For mâ—n experienced in these affaires of this life know that the profites arising out of churches appropried vnto the farmours thereof are commonlie sixe eight or tenne tymes more worth by iust estimation theÌ„ are the old rentes payable vnto Colledges Hospitalles other like places And thus we see howe together with the bringing in of these thinges which are required to be planted in the Church impâ—opriations may stande as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the vse and provision of the Ministers what soever hath bene insinuated by the Admonitor to the contrarie And yet do I not in anie of these things or of any other thing first or last spoken or to bee spoken desire mine owne advyse and iudgement so to be respected as though I should arrogate vnto my selfe more knowledge then all others which labour in the cause of reformation but onelie I submitte these my private meditations with their reasons to the censures of all wise godlie and learned men HuÌ„blie praying them so to bestir their own wits and so to bestowe their own cunning and learning that a better more easier way by their ingenuousnes may be found out procured to take place And in the meane season that these motions tendered to their vewes may not altogether bee neglected but duly weyed and considered Especiallie for that I haue not tendered any other thing to be performed by any of these meanes vnto any other then such as whervnto I my self to my power yea and beyond my power as far as in me lyeth shall bee readie to yeelde And howsoever the Bishoppes other great Clergie Maisters with their statelie favourites may preteÌ„d some part of this devyse to be an hinderance of learning and other some parte not to be for the Kings profite yet to the first we answere brieflie that learninge is not so much furthered by a few great rewardes provided for a few great learned men as it is by many good rewardes appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kinges profite we affirme that it is not onelie most profitable but also most honorable for the King to haue a multitude of loyall vertuous and godlie subiectes And that such manner of subiectes can by no meanes better be procured then by a continuall preaching Ministerie of the worde to bee planted in everie parish of the Kings Realmes And because no man better knoweth the reciprocall dueties betweene a Christian King and christian Counsellers we leave the discerning of the spirites of these profite preachers to the triall and iudgement of our most Christian King whom if he shall finde either by flatterie to fawne vpon the Kings profite or by labouring to keepe the King in a good opinion of thinges amisse we most huÌ„blie beseech the King to accept them and rewarde them for such as could wishe in their heartes the King should rather be impoverished by having many bad vnprofitable subiectes then that them selues would not be enriched by enioying manie good and profitable impropriaons As for the Lawes whereby Patronages do stande as mens lawfull possessions and inheritances which as the Admonitor saith must also be taken away how the same lawes may still endure or by consent of Patrones be altered without their damage if God permit when we come to speake of the election of Ministers wherein the reformers are charged with the hurling and thrusting out of patrones shal be declared Admonition The lawes of England to this day haue stood by the authoritie of the Pag. 78. three estates which to alter now by leauing out the one may happely seeme a matter of more weight then all men doe iudge it Assertion Not to stand vpon termes with the Admonitor that the lawes vsually called the common lawes of the lande being meere customary lawes
Realm though that thorough sufferance and negligēce any thing should at any time be attempted to the cōtrarie For whereas before the statute of Caerlile the Bishoppe of Rome had vsurped the Seignories of such possessions and benefices as whereof the Kinges of the Realme Earles Barons and other Nobles as Lords and Avowes ought to haue the custodie presentements and collations King Edward the first by the assent of the Earles Barons and other Nobles of all the communaltie at their instancies and requestes and without mention of anie assent of the state of prelacie in the said Parleament holden at Caerlile ordeyned that the oppressions greevances and damage susteyned by the Bb. of Romes vsurpation should not from thenceforth be suffered in any manner And for as much as the greevances and mischieves mentioned in the said Act of Caerlill did afterward in the time of K. Edward the thirde daylie abound to greater damage and destruction of the 31. Ed. 5 sta of heering 36. Ed. 3. c. 8. Realme more then euer before and that by procurement of Clerkes purchasers of graces from Rome the sayde King Edward the third by assent accord of all the great men and cōmons of his Realme and without mention of any assent of Prelates or Lords spirituall having regarde to the saide Act of Caerlile and to the causes conteyned in the same to the honor of God and profit of the Church of England and of all this Realme ordeyned and established that the free elections of Archbishopps Bishoppes and all other dignities and benefices electiue in Englande should holde from thenceforth in the manner as they were graunted by the Kings progenitors and founded by the Ancestors of other Lords And in diuers other statutes made by King Ed. the third it is said that our Soveraigne Lord the King by the assent of the great men and all the cōmons hath ordeyned remedy c. That it was accorded by our Sovereigne Lord the King the great men and all the commons that the Kinge chieflie 8. Edw. 3. 〈◊〉 statute of Provisours desiring to susteyne his people in tranquillitie and peace and to governe according to the lawes vsages and franchises of his lande by the assent and expresse will and accord of the Dukes Earles Barons and the commons of his Realme and of all other whom these things touched ordeyned that all they c. By which desire of the Kinge and wordes of the Act wee learne that our Sovereigne Lord Kinge IAMES may susteyne his people in tranquillitie and peace and governe accordinge to the lawes vsages and frāchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of anie statute in Parleament Nay such hath bene and yet is the power of The king with the assent of the Nobles and commons may repeale Statutes without cōsent of Prelates 15. Ed. 3. the King that with the assent and accord of the Nobles and commons hee hath authoritie to adnull and make voyde even those Actes which in favor of Prelacie and assent of Prelates haue bene enacted in Parleament As by an Acte made in the time of King Edwarde the third is plainlie to be seene For whereas the Kinge by assent of the Prelates Earles c. had willed and graunted for him and for his heyres certeyne articles firmelie to be kept and holden for ever namelie that the Ministers of holie Church for money taken for redemption of corporall penance nor for proofe accompt of Testaments nor for solemnitie of Mariage c. should not be impeched c. before the Kinges Iustices nevertheles the same Kinge in the same yeere with assent of the Earles Barons other wise men of the Realm and without assent of Prelates revoked and adnulled the same articles againe Againe King Richard the second hearing the complaints of his faithful liege 3 Ric. 2. cap. 3. people and by their clamour in diuers Parleamentes of divers abuses crept in against the solemne and devour ordinations of Churches c. at the request 7 Ric. 2. cap. 12. complaint of the Commons by the advise and common assent of the Lordes temporal without mētion of any Lords spirituall is said to haue ordeined That none of the Kinges liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of of the same same Kings reigne it is specially provided that the appeales pursuits c. made given in the same Parleament be approved affirmed stablished as a thing duly made for the weale and profit of the King and of all the Realme notwithstanding that Act Mo. Rich. 2. the Lords spirituall and their Procurators did by protestatiō absent them out of the Parleament at the time of the said iudgment given And the like protestation being made by the Prelats Clergie at a Parleament holden the thirde yeere of the same King it was replied for the King that neither for their said protestation or other words in that behalf The King bound by his oth to do his laws to be made though prelates protest against him the King would not stay to graunt to his Iustices in that case and all other cases as was vsed to be done in times past and as he was bound by vertue of his oath at his Coronation By all which premises it is as cleare as the sunne shining at noone day that the Lordes spiritual bee so far from making any one of the three Estates as that if it please the King they may not be so much as any member or part of any of the three Estates at all If in the time of King Henry the eight the Lords spirituall being then more in The Lords spiritual no principall members of the Parleament otherwise then as the King pleaseth number then the Lordes temporall had bene but such principal members of the high Estate of Parleament as without whō neither law could haue bin made Monasterie nor Priorie might haue ben dissolved what could the Kinge haue done as Head and the Commons haue done as feete and the Nobles haue done as the Heart the Liver and the Longes to the dislording and discloystering of the Abbots and Priours the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their handes and with their hornes had heaved and shouved had pushed and thrusted to the contrarie But to come nearer vnto our owne times and remembrances if it can not be proved that anie one Lord spirituall No Lordes spiritual present in parleament 1 Eliza. was present in Parleament or gaue anie assent to the enacting of statutes made in the first yere of the Queenes Maiesties raigne deceased but that it be a cleare case that the auncient iurisdiction preheminences rightes and priviledges of the Kinges Crowne were restored that poperie and superstition was banished the doctrine of the
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
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
commaund a Minister to be presented ordeyned elected to be a Pastour in a parochiall Church as hee hath to coÌ„maund a Bishop to be elected confirmed and coÌ„secrated to an Episcopall sea And are we not then merveylouslie giddi-headded new-fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admitt the Patrones Clerke in to the temporalities of a benefice what other thing is required but that the possession of no church should be delivered vnto any Minister without the Kings publike writt And would not this breed a perilous sturr garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arck should giue place bow down and do reverence vnto the Kings of England seale at armes Oh! but in this platforme there be other dangerous innovations and alterations not to be atteÌ„pted Yea And what then be they The Admonitor him self The Prophets ought to bee tried by the Prophetes in his admonition holdeth Yea Mai. Bilson and all other supporters of the Hyerarchie defended That the Cleargie ought to iâ—dge of the Clergie and that the Prophetes ought to be tried examined and ordeyned onely by the Prophetes and that the spirites of the Prophetes are subiect to the spirites of the Prophetes Wherein then consisteth the disagreement and variance betweene vs and them touching the ordination of a Prophet by Prophetes or of a Minister by Ministers Certes to mine vnderstanding there is none other matter of dissonancie in this case but even alonely this viz. That he by these wordes the spirites Corinth of the prophetes are subiect to the prophetes intendeth that the Spirits of many prophetes touchinge their triall examinatioÌ„ and ordination are subiect to the spirit of one prophet and that Whether the spirites of manie Prophets be subiect to one or of one to many therefore one prophete by his owne spirite may trie examine and ordeyne manie Prophetes Whereas on the other side we affirme that one prophet according to this rule of our holy faith is to speake and the other prophetes are to iudge and that no one prophete may trie examine or ordeyne many prophetes Because from this place wee gather that the spirites of many prophetes in the ordinarie course of the ministerie of the Worde were neuer subiected in this case to the spirite of one Prophete But in this platforme there is no mention made of the King if he bee patrone neither is there any institution spoken of and then howe can any action of quare impedit bee brought to try the right if two patrones pretend title to the Patronage besides the Patrone by this platforme must fetch his Clerckes only from the Vniversities Schooles of learning and Nurseries of the Ministerie whereas now he hath libertie to present any Clerke wheresoever or howsoever ordayned Againe strife and contention may arise in the presbytery betwene the Bishops and the Ministers them selues appointed to be examiners and ordeyners which of the two Clerkes nominated by the Patrone is most worthy to be preferred If both the Patrones Clerkes for non abilitie or criminousnes be refused who shall then nominate and to whom shall the election devolue And lastlie what if the Bishop and presbytery shall disalow one for vnabilitie which in deed is notwithstanding of abilitie to teach to all these difficulties thus wee aunswere If the Kinges Maiestie be Patrone to any benefice with cure of soules because Touching the Kinges patronage we iudge and confesse him to be a King endowed with a rare and singuler spirit of zeale for the glorie of our God with an excellent spirit of loue for the saluation of the soules of his subiects and to be the Nehemiah of our age sent vnto vs from aboue for the building of the walls and reedifying of the ports of the house of God which were brokeÌ„ downe and devoured We for our partes doubt nothing at all nay rather we most certeynly perswade our selues his Highnes having once bene pleased to prescribe all wholesome commendable lawes vnto his people will also vouchsafe much more to prescribe lawes yea and to be a law vnto him selfe And that his Maiestie wil set this busines of the Lords house so neare vnto his Kingly Christian heart by the planting of able Ministers in all the Churches of his Highnes Patronage as that all other Patrons by his godly example wil be excited readily to walke in the Kings path to weare the Kinges coloures and to become the Kinges chiefe favourytes in this so holie a worke And therefore touching the Kings Patronages cum Maiestas imperatoria H. de ley fidei 3. l. ex imperfecto legibus esse soluta videatur wee commend them wholy to the Kinges most Christian care providence and fidelitie The Bishops institution and writt of quare impedit wee graunt must cease The Bishops institution may cease but in place of institution the election ordination by the Presbytery succeedeth and the Clerke nominated by the Patrone elected and ordayned by the Presbyterie shall haue idemius ad Ecclesiam in Ecclesia which in formeâ— times the Clercke presented by the Patrone and instituted by the Bishop was wont to haue If any suite in law happeÌ„ for the right of Patronage betwene two or moe PatroÌ„s If suite fall out betwene two patrons what then may bee done pretending title to the gift of one benefice It seemeth that this suit might haue far easier and more speedie way of triall by some other writt then by the writ of quare impedit for vpon this writ many times by negligence or vnskilfulnes of the Aturneyes it falleth out that one of the parties is driven some times to sitt downe by great losse and not to haue his title tried at all onely for want of some ceremoniall forme not observed in the pleadings of the cause And therefore both Patrones within the time to be limited by the Kings writ having nominated their Clerkes to the Presbytery as heretofore they presented to the Bishop we leaue it to be considered whether it were not meet and convenient that the Presbitery should wholy defer the election ordinatioÌ„ of eyther their Clerks vntill the right of patronage were finallie adiudged before the Kings Iustices at the common law vpoÌ„ which iudgment passed they might then without scruple or impediment proceede to the full election ordination of that Patrones Clerke for whom the iudgment was given By which maner of triall if the action might bee brought in the namâ— of Patrone against Patrone the Clerkes should not onely be freed from much obloqui wherevnto they are now subiect by prosecution of suites at law one Clercke against another but also they should bee exempted from all expence labour and turmoile with which heretofore they haue incumbered theÌ„ selues to the hinderance of their studies and decay of
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
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
able to maintaine his own grace by his own order should weaken his owne oath or by his owne sword should cut from the people of God his owne word But seeing it was his purpose to perswade the people vnto a dislike of the Apostolicall gouerment by arguments and reasons drawen from humane policie rather then to confirme them in a good opinion of the prelaticall gouerment by proofes taken from the authoritie of holy Scripture we will follow him in this his veine Yea and by the helpe of God we will trie of what efficacie such his politicke and humane reasons may be as wherewith he did assaye to disswade the people froÌ„ consenting vnto any other maner of Church gouermeÌ„t then is already setled among vs. The generall effect of all which both here and els where spoken of by him brieflie gathered is this Such things may not bee planted in the Church of England as by attempting the planting wherrof there is an euident sight that the Gospell among vs may be ouerthrowne But there is an euident sight that the Gospell amoÌ„g vs may be ouerthrown by attempting to plant that gouermeÌ„t in the church of EnglaÌ„d which was practised by the Apostles primitiue Church therefore that maner of gouerment may not bee planted The assumption of which sillogisme hee endevoureth to confirme thus whatsoeuer will draw with it many and great alterations of the state of gouerment and of the lawes the same may bring rather the ouerthrow of the Gospell then the end that is desired but the planting of the gouerment practised by the Apostles and primitiue church will draw with it many and great alterations of the state of gouerment and of the lawes Therefore the planting of this maner of gouerment may rather bring an ouerthrow of the Gospell c. If any shall obiect that by thus gathering his argumeÌ„t I had in this place falsified his argument by adding more then is here expresly vttered by him let such one vnderstand that this charge is but a meere and needlesse cauill For sithence both here and throughout his booke his intent was to dispute for the gouerment already receiued against the gouerment which is required to be planted in the Church And for so much also as none other gouerment is required to bee planted but that onely gouerment which was practised by the Apostles and primitiue Church it must necessarilie follow that the arrowes which hee shott against the gouerment required to be planted were shott onely against the gouerment which was practised by the Apostles and primitiue Church And therefore there can bee no iust charge of any falsification vsed in the gathering of his arguments Against which I argue as followeth Whatsoeuer will draw with it no alterations of the state of gouerment but few or small alterations of the lawes the same may rather bring the end that is desired viz a godlie peace and Christian vnitie both in Church and common weale then the ouerthrow of the Gospell among vs. But the planting of the gouermeÌ„t practised by the Apostles and primitiue Church will draw with it no alteration of the state of gouerment and but few or small alterations of the lawes Therefore the planting of the gouerment practised by the Apostles primitiue Church may rather bring the end that is desired viz a godlie peace and christian vnitie both in church and common weale then the overthrow of the Gospell among vs. The trueth of which argument will theÌ„ appeare when the Admonitors argument shal be conuinced of errour for the disproofe of the one is the proofe of the other and if his fall then can not this but follow And touching the invalidity of the first proposition of his second sillogisme we affirme that the alterations of the state of gouerment of the lawes bee they neuer so many and neuer so great can neuer bring any ouerthrowe of the Gospell if the same alterations be made for the planting of the Gospell For the lawes once altered can ouerthrow naught because they are then no more lawes And to say that the Gospell once planted by authority of new lawes caÌ„ be ouerthrowne by the same lawes is more absurd For the new lawes giue life to the enterteyning of the Gospell by meanes whereof the Gospell can not discontinue so long as those lawes continue And herevpoÌ„ also it followeth that no alteration of laws for sweeping clensing of the Church for casting and whippyng buiers and sellers and choppers of churches out of the Church can ouerthrow the Gospell For if all drosse filth and corruption be cast out if all lets and impediments be done a way it can not be but that the Gospell must needs haue a freer larger passage as wherunto a wider doore can not be but opened for the bringing in of a more plentiful haruest And if the Church bee beautifull as Tyrsa and comely as Ierusalem if she Solo. Song 6. 3. 4. looke as the morning If she be faire as the Moone pure as the Sunne and terrible as an army then is she set as a seale on the Lords heart and as a signet vpon his arme and then shall the coles of his â—elouzie be as fiery coles and as a vehement flame that much water shal neuer quench it nor any floods euer drowne â—t But if he should rather meane that â—he alterations of the state of gouernement would be so many and so great as that therevpon he did strongly imagine â—uidentlie to see the ouerthrow of the Gospell then we say that no state of gouerment can euer vndergoe either manie or few either small or great alterations vnlesse by alteratioÌ„ of lawes made by the same state of gouermeÌ„t the same 〈◊〉 of gouerment bee altered Now 〈◊〉 if our politicke state of gouerment whereof he must needes speake for otherwise his speech were to no purpose to amend and reforme abuses in it selfe may iustly put it selfe vnder the yoke of a new law as it hath done and daylie doeth vnto many newe lawes and so in this respect after a sort in some part alter it self for euery reformatioÌ„ is a kind of alteration without any domage hazard or preiudice to it self if I say this may well be so what a silly skarr crow is there here brought into the field to fray our politick state of gouuerment from attempting a reformation in the Church Belike he knew some to faine that our state of gouermeÌ„t must necessarily fancy whatsoeuer they fancy And namely that a reformation of the Church can not but infer a desolation of the State or that the State can not be well ordered except it suffer the Church to bee disordered or that the Church could not be fayre well fauoured and in good plight but the state of our couÌ„try people and common weale must be foule ill fauoured and out of heart or lastly that the State can not launce bind draw heale vp the sores wouÌ„ds contagions of the church but
externall gouermeÌ„t other outward orders to choose such as they thinke in wisedom godlinesse to bee most convenient for the state of their countrie and disposition Admonitorie Protestants by their owne doctrine ought not to bind the Church to a perpetuall goverment of prelacie of the people and hauing the consent of their godly Magistrates to that out ward forme of iurisdiction and deciding of Ecclesiasticall causes these kind of protestants I say alwayes blowing out the trumpet of obedience and crying an alarum of loyaltie to euery ordinance of man and grauelie wiselie and stoutlie demeaning them selues against all the giddy heads and fanaticall scismatikes and wrangling spirits of our age dare not I trow slip the collar nor cast of the yoke dare not push with the horne nor wince with the heele against the Gospel If so bee by the authoritie of our Christian King with the consent of his ParleameÌ„t the platforme of gouerment as hee saith deuised by some of our neighbour Churches but as we they theÌ„ selues confesse practised by the Apostles and primitiue Church might bee receiued and established to bee the best and fittest order of gouerment for the Church of Englande as well as it hath bene a long time and yet is of Scotland of most of all other Christian Churches For if it be to great a bridle of christian libertie as they say in thinges externall to cast vpon the Church of Christ a perpetuall commandement if the church haue free libertie to make choise of what gouerment soeuer shee thinketh convenient then is she neither restrained at her pleasure to forsake that which by long experience she hath found to be inconvenient neither is she tied still to retaine Archiepiscopall Episcopall and Archidiaconall gouerment though for a long season the same haue bene vsed For that in deed might well and iustlie be said to be too great a bridle of christian libertie when by necessitie there is cast vpon the Church such a perpetuall regiment of prelacie as may not be remooued Wherefore if our continued prelaticall discipline whereby the libertie of the church is taken away by publike authoritie of the King and States might be discontinued and libertie graunted to the Church to vse the Apostolical discipline either our Admonitorie Protestantes must yeelde stoup and obey or else be found to be a wayward a contentious and a fromâ—ple generation And if these two former kinds of our people which the land beeing deuided into fiue partes make three at the least shall euery way be supporters of vnitie and conformitie to the Gospell and no way disturbers of the peace libertie and tranquilitie of the Church what ouerthrow or what damage may the Gospell sustaine by the other parts Yea though they should vnite linke and confederate themselues in one For are they not weaker in power poorer in purse of farre lesse reputation then the former And yet neuertheles these partes are at such deadlie feude one against the other and at such an irreconciliable enimitie betweene them selues that the case standeth now betweene them as sometimes it stood betwene Caesar and Pompey not whether of them should reigne but whether of them should liue And how then can these parts thus diuided possiblie agree together against the other partes so surelie combined Besides the first sort of these two sorts Puritane Protestants can neuer othrowe the Gospell whom it pleaseth our Protestantes the Admonishers for difference sake to dubb with the Knights Hood of Precisians or precise and puritane Protestants Why They are the onelie and principall spokes-men and petitioners for the Apostolicall Discipline required to bee planted Nay these men out of the holy Scriptures so resolutelie are perswaded of the trueth of God conteyned therein as without which they know perfectlie that the doctrine of the Gospel can neuer powerfullie florish or be enterteyned with so high a maiestie in the hearts of men as it ought to be And as The Gospel hath ouerthrown the papist therfore he can neuer ouerthrowe the Gospell for the other sort the Papistes I meane alas that poore ratt what ouerthrow can he worke to the Gospel whose bane the Gospell hath wrought so long since Alas this faynt goast is so farre spent his disease growne so desperate his sickenesse now at such an hay-now-hay as al the phisicke of all the Phisitions in the world caÌ„ not recouer his health or once take away his hed-ach This silly snake then hauing hissed out all his sting spit out all his venime vngorged him self of all his poyson how can his skin or how should his tayle anoy the Gospel If therefore it might please the Admonishers vpon a reuew of our State our countrey and our people to cast such men as be open enemies to the Gospell into squadrons causing them to march rancke by rancke troupe by troupe and deliuering vnto the King a muster roule of all the names qualities conditions of the principal popish recusants within the Realme for none but such onely can be suspected openly to bande them selues against the Gospell it is not to be doubted but the least part of all the other foure partes would bee as great in number as these And what theÌ„ should the King and state feare the multitudes of recusantes when one standing on the Kings side should be able to withstand tenne and tenne an hundreth and an huÌ„dreth a thousand and a thousand tenne thousand papistes King Asa crying vnto the Lord his God that it was nothing with him to helpe with many or with no power and resting vpon the 2 Cron. 14. Lord ouercame tenne hundreth thousand and three huÌ„dreth chariots of the Ethiopians and Labimes For the eyes of the Lord behold all the earth to shew him selfe strong with them that are of a perfect heart toward him And when King Ioash remembred not the kindnes which Iehoiada the Priest had done vnto 2 Chro 24. him but slew Zechariah his sonne the Lord deliuered the King a verie great armie into the hands of a small companie of the host of the King of Aram who gaue senteÌ„ce against the King slew all the Princes of Iudah froÌ„ among the people and caried the spoyle of them vnto Damascus And thus much concerning the Admonitors proposition viz Whatsoeuer will draw with it many and great alterations of the state of gouernment and of the lawes the same may bring rather the ouerthrow of the Gospell then the end that is desired All which speach of his I affirme to be but a vaine and trifling ridle as the vvhole strenght whereof resteth onely vppon a may bee Wherevnto if I should onelie haue spokeÌ„ thus and no more viz that manie and great alterations c. might rather not bring an ouerthrow of the Gospell c. I suppose and that vpon good ground that such may might not be might euerie way be as forcible to disproue the one as his may be
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
if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slauÌ„der c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemeÌ„t that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offeÌ„ce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by ceÌ„sures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings teÌ„porall Officers may punish periurie committed in the Kings teÌ„poral Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatioÌ„ of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power grouÌ„ded vpon canon lawe or an evill custome have vsed by definitive senteÌ„ce pronouÌ„ced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and hereâ—ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death
did neuer yet stande by the authoritie of the three Estates I will take his meaning to be that the statute lawes of England to this day haue stood by authority of the three Estates which to alter nowe by leaving out the one c. and then therevnto I aunswere that not any one of the three The bringing in of the discipline by pastours and elders is not the leauing out of Parleament any one of of the three Estates Estates should be left out or barred frō having authoritie in making and promulging statute lawes though the goverment of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this maner of gouerment to be planted are so farr from exempting or excluding any one of the three Estates from their auncient power priviledge and preheminence in the making of statute lawes as that we pronounce him to bee guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth onely wholy and altogether to the three Estates as well to roote out and to pull vp whatsoever goverment is not iustifiable by the holy law of God as also to plant to setle whatsoever discipline is warrantable by the same law And to speake as the thing is how were it possible to haue the discipline by Pastors Elders planted by authoritie of the three Estates if one of the three Estates should be left out Or can it be imagined that any one of the three Estates would euer consent to the bringing in of such a governement of the Church as whereby the same goverment being once brought in the same estate should ever afterwards cease to be any more an estate Besides we acknowledge that all powers are of God therfore euery one of the three Estates being a power wee graunt that the same hath his stateship by the authoritie of God And if all the three Estates be lawfull by the holie law of God how can it be verified against vs that we which vrge the same holy law for the bringing in of the discipline by Pastors and Elders should notwithstanding contrary to the same law intend the leaving out or altering of any one of the three Estates But which of the three Estates was it that he ment should be left out I trow there The state of the Prelacie is not one of the three estates in Parleament is none of the state of Prelacie so ill advised as to take vpon him the proofe of this position viz. That the Lords spirituall by them selves alone doe make one of the three Estates or that the statutes of England to this day haue stood by their authorities as by the authoritie of those who alone by themselves are to be accompted one of the three Estates For if that were so how much more thē might the great Peres Nobles and temporall Lords chalenge to make by them selves an other estate And without contradiction to this day the Commons summoned by the Kings writ haue ever bene reckoned a third Estate Now then if statutes haue hitherto stood by authoritie of the Lords spiritual as of the first Estate by authoritie of the Lordes temporall as of the second Estate by authoritie of the Commons as of the third Estate I would gladly be resolved what accoumpt the Admonitor made of the Kings Estate It had not bene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes to haue set her Royall person authoritie and State behind the lobby at the Parliament doore Either the Kinges Royall person then as not comprised within the compasse and circumscription of the three Estates by his meaninge which had bene but a very bad meaning must be thought to haue bene hitherto secluded from authorizing the statute lawes made in Parliament Or it is a most cleare case that the Lords spiritual them selves alone do not make any one of the three Estates And what matter then of more weight may it happelie seeme to be to alter the authoritie of the Lords spirituall and to leaue them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine continue by authoritie of the three Estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and euer hath bene a perfect entire and complete body and State without the body and state of Prelacie And that the King the Nobles Commons of the Realme without Prelates Bishops or Clerckes do make vp all the members and parts of this body and of this state and may therefore ordaine promulge and execute all maner of lawes without any consent approbation or authoritie yeelded vnto the same Anno 36 H 8. fo 58. b. Anno 〈◊〉 j. fo 93. 2 by the Bishops spirituall or any of the Clergie And thus much our Divines Histories Lawes do iustifie Sir Iames Dier Lord chiefe Iustice of the cōmon pleas in his reportes telleth vs that the state and body of a Parliament in England consisteth first of the Kinge as of the head and chief part of the body secondlie of the Lordes as principall members and lastlie of the Commons as inferiour members of that bodie By a Statute of provisoes it appeareth 25. Ed. 3. holy church founded in the state of Prelacie by the King That the holy Church of England was founded into the state of Prelacie within the realme of England by the grandfather of King Edward the third and his progenitours and the Earles Barons and other Nobles of the Realme and their Auncestors for them to enforme the people of the law of God These vses are changed to the keeping of great horses great troupes of idlers with long hayre and great chaines of golde to make Hospitalities and almes and other workes of Charitie in the places where the churches were foūded From whence it followeth First that the Archbishoppes Bishoppes onelie alone doe not make of themselues any state of Prelacie but that the whole holy church of England was founded into a state of Prelacie Secondlie it is playne that the 6. Eliz. c. ◠Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy church of Englande into a State of Prelacie ought and were bounden by the accord The Kinge boūd to doe lawes made without assent of Prelates to bee kept as laws of the realm of their people in their Parleaments to reforme and correct whatsoeuer was offensive to the lawes and rightes of the Crowne and to make remedy and lawe in avoyding the mischieves damages oppression and greevances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to be kept as lawes of the
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
the Lordes temporall whether the Lordes spirituall would or no. And that contrary to the expresse decrees canons of the church of Rome And thus much the most reverend and godly Father Maister Iewell Bishop of Salisbury wherefore to conclude this point against the Admonitors position I dispute thus All those persons who by any necessity are none of the three estates and by whose authorities the statutes of England to this day haue not stood to leaue out the same persons may happely seeme a matter of lesse weyght then all men doe iudge it But the Archb and Bb. are such persons as by necessitie are none of the three estates and by whose consents the statutes of Englande to this day haue not stood Therefore to leaue out the Archb and Bb. may happely seeme a matter of lesse weight then all men doe iudge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz that the house of Parleament is an vnfit an vnmeete place to haue the holie cause of the religion of God debated and concluded vpon and that the Layitie without the Clergie ought not to conclude any thinge in religion that in respect hereof their presences their voyces and their assents are necessarie in the Parleament If our Evangelicall Prelates I say make this obiection then besides that hereby they vnseemely vnmannerly vnchristianly accuse the whole land of ignorance and blindnes in religion supposing neither King nor Nobles nor Commons to be able to discerne betwene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reuerend Fathers Maister Pilkington Maister Iewell haue aunswered to such cavillous slaunders For what els intended they by many examples proofes brought for the Parleamentes of England consisting of the King the Nobles and the Commons to be lawfull Parleaments and to haue right to establish religion but to iustifie against Popish scoffers that religion might be receyued established in Parleament notwithstandinge the absence or exclusion of the Clergie Besides since our lawes do vphold the state authoritie of the Convocation Matters of religion not concluded in Parleament before the same bee consulted of in conuocation house for the examination of all causes of Religion surely it can not be truely averred that it is necessarie for Evangelicall Bishops to be members of the Parleament house least controversie of religion should be handled and discussed without them For how should any matter of religion bee concluded without them in Parleament when first of all the same is to be argued among them selves in convocation or let them hardely if they can shew any one instance of any change or alteratiō either from religion to superstition or from superstitiō to religion to haue bin made in Parleament vnlesse the same freely at large haue bene first agreed vppon in their Synodes and Convocations And what booteth it then to haue a double or treble consultation and consent of Archbishops Bishops in Parleament Is the holy cause of God any whit bettered by their Bishops riding from Paules to Westminster Or can it receiue any more strength by their walking from Westminster Church to Westminster Pallace Nay it hath bene oftentimes so farr from being promoted by their Bishops as not onelie in their convocations but also in the Queenes Parleaments the same hath ben shamefully intreated and taken the foile as may witnesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament was notwithstanding gainesaid withstood by none so much as by certayne Evangelicall Bishops which as there all men generallie conceaved was onlie stayed from being made a law by the Queene vpon their counsell and perswasion Admonition It hath bene alwayes dangerous to pick quarels against lawes setled Pag. 78. Assertion And is it not morbus hereditarius in Steuen Gardeners argument and the Admonitors argumēt in effect one Prelates to picke quarrels against reformation of errours For even this did Steven Gardener reason against the Lord Protector That in no case sayth Steuen Gardener is to bee attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein King Henry left it may bee and is like to bee dangerous to the Lord protector to breed troubles to the whole Realme Therefore innouation of Religion from the state that King Henry left it is in no wise to be attempted And even of this stāpe of this streyne is the argument of picking quarrelles against lawes settled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the Kinge Parleament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may bee dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to bee brought into the Church by the King Parleament But forasmuch as that noble and religious Lord Protector notwithstanding Steven Gardiners sophistrie continued constant and couragious in the abolishment of Poperie and superstition which King Henrie left did without dangerous alterations of lawes then settled innovate religion How much more now may the Kings Maiestie the Lesse dāger to reforme the Church by newe lawes then to continue corruptiō by old lawes Lords and Commons in Parleament attempt with effect an innovation of that state of Ecclesiasticall goverment wherin the Queene left the Church And if it can not be denied but it had bene farre more daungerous for the Realme and for the Lord protector not to haue setled the holy doctrine of the everlasting Gospel by new lawes then to haue mainteyned and continued antichristianitie by old lawes how should it bee lesse danger for the King in these dayes to continue corruptions in the Church by tolleration of old lawes then to haue the same corruptions reformed by establishment of new lawes But vnto whō or vnto what hath it bene daungerous to picke quarrelles against lawes setled What Hath it bene dangerous to lawes setled No. For how should lawes setled be indangered by quarelers sithence quarellers are euermore in daunger of lawes settled Or hath it bene alwayes dangerous for a King for a State for a people or for a Countrey to picke quarelles against lawes setled No. For what man is he or what face carieth he that dare vpbrayde a Countrey a people a State or a King minding to vnsetle evil lawes euill customes to be quarelers against lawes setled Let it then onlie be daungerous for private persons vpon private malecontentment to picke quarelles against good lawes wel rightly setled and let it not be hurtfull or dangerous for supreame Kings powers and Principalities by publicke edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled
be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox 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
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius Bishop of Nicomedia and Theognis Bishop of Nice beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their Bishop the Arians chose Macedonius The authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowshipps and by that which was from the beginning to elect their Pastours and if also the same right and freedome being left to the old churches and especially to the Church at Ierusalem by the Apostles haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
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
Archdeacons Chancelours and Officials Therefore there may be or wil be moe excoÌ„municated by their Lordships their Archdeacons Chancelours c. then in Communion The assumptioÌ„ though I cannot warrant the same to be simply true yet I may safely warrant it to be drawen from the Admonitors owne experience For I let passe sayth he that experience teacheth that men of stubbernes will not shunne the coÌ„pany of them that be excommunicated c. and that they must bee excommunicated Bishoply excommunication hath manie deformities for keeping of company with them And so it will fall out that moe will bee excommunicated then in communion but this last consequence say I caÌ„ not follow vnlesse he first presuppose both his antecedents to be true And therfore because he must needs be intended to haue spoken of that kind of excommunication whereof he hath had experience it followeth that these deformities and inconveniences whereof he speaketh must needes be found in that excommunication which he his vse For of the other kind of excommunication hee neuer yet had any experience And then by experience he could not speake If he spake not of his owne experience but of the experience of some other men then haue we but litle cause to beleeue him because wee know not what maner persons those were from whom he drew his argument of experience and whether they reported deceytfully or truely of their own experience or no. And if this argument drawn from the experience of his owne maner of Discipline be of sufficieÌ„t validitie to impugne as he weaneth that Discipline by excommunication which so much as he saith is cryed for and whereof as yet hee never had experience how much more effectuall then is this argument to overthrow that his own maner of discipline which he so long time to so small profit and with so great inconveniences deformities hath so vnprofitably practised For can there be any greater deformitie By discipline of Bishopply excommunication one may bee a community then that one member should be supposed to bee the whole body or that one man should make a communitie And yet this deformitie by his experience may fall out to bee seene even vnder that discipline which every ordinarie exerciseth For if by processe ex mero officio an ordinarie should excommunicate any one of his iurisdiction for not communicating with an idoll minister or for holding that Christ in his soule did not descend into hell or for denying reading to bee preaching and withall should pronounce all them to be men of stubbernes which would not shunne the company of him so excommunicated And for that cause also should excommunicate them as is here supposed lawful to be done were it not a cleare case that the body of that church must now be taken to consist only in the person of the ordinary one member to become the whole body For if all vnder his iurisdiction were once excoâ—â—municated how could then any bee in communion with him And if they all were once excommunicated must not the ordinary then alone be the common vnion and so make a communitie And what a deformed kinde of excommunication then is that kind of excommunication whereby it may fall out that to be one is to be many and that to bee a church a company a societie and a fellowâ—hip is to be one of which nature and of which kind that maner of excoÌ„munication which by Pastours and Elders is to be executed can not be as hath already bin proved If then excommunication now vsed be a deformed kinde of discipline and therefore as we say to be no more tollerated and if excommunication by Pastours and Elders bee a kind of discipline for the incoÌ„venience thereof as hee saith not to be planted what maner of discipline by excommunication would he haue in thâ—se dayes The Admonitor would haue no excommunication at all trowe we would hee haue none at all verely I suppose none at all For so doe â—his words plainely insinuate by two reaâ—â—s following First saith he the loose 〈…〉 of these dayes require discipline of â—â—arper lawes by punishment of body and danger of goods which they doe will more feare then they will excommunication Secondly wee haue saith he a very good maner of discipline by the Ecclesiasticall commission which doeth much good and would do more if it were more common But why did he not speake plainely and why did he not affirme devoutly that discipline by excommunication was good where the church was in persecution and that it is not necessary nor so convenient vnder a Christian Magistrate as it may be otherwise For if Pastors and Elders were appointed ioynt officers only for timâ—s of persâ—cution and not to be vnder Christian Princes it followeth these ioynt officers ceasing that al accessaries appeÌ„dices and consequences of their ioynt offices must also cease vnlesse it can bee proued out of the holy scriptures that the offices of Pastours ought stil to continue that the offices of Elders ought not to continue because the offices of Elders with all their appendices haue bene translated by our Saviour Christ vnto Archbishoppes Bishops Archdeacons their Chancelours Commissaries and Officials For vnlesse these Officers be Christs Officers the discipline which they vse cannot bind the consciences of the people of God And for this cause is it very probable that he so coÌ„mendeth discipline of sharper lawes discipline by the Ecclesiasticall commission For if these officers by their discipline haue not to doe with the consciences of men then is it no merveyle that men feare not their discipline And therefore if they wil be stil officers it is requisite that they call for such a discipline as might cause men to stand in awe of their authoritie But were they indeed the officers of God and had they indeede authoritie from God to execute discipline by excommunication as Pastours and Elders did in the primitive Church then were the loosenes of this age never so great yet that the children of God in Englande would more feare the losse of goodes landes bodies or lives then the censure of Gods officers is one of the Admonitors paradoxes And here I appeale the consciences of all the reverend Bishops and Prelates in the lande and let them answere me hardly if they iudge themselues to be the children of God had seven times seven thousand liues whether they had not rather seven thousand times be coÌ„mitted to the Iaylor of Winchester then once be delivered over to the Iaylor of Hell And are not all the children of God in Englande their brethren And are they not all led by one and the selfe same spirit And how then can they lesse feare excommunication which is a delivery of the soule to Sathan then the punishment of body and danger of goods And yet touching this point of excommunication he seemeth Admonitor supposeth it to be a fault not to excoÌ„municate that Prince and Rulers and
manner thereof is none other manner of gouerment nor forme of The maner of policie by Pastors and Elders in the Church is agreeable to the government in the cōmō weale pollicie thē such as they and their progenitors and Ancestors for many hundred yeares togither without interruption haue vsed and enioyed in the common weale And that therefore it will be a very easy matter to transferre the same to the gouerment of the Church For by the reasons and principles of their own gouerment in the common weale and by the sence feeling thereof they may wel be induced to thinke that they haue iniurie if they haue not as much to doe in matters of the Church as they haue to doe in matters of the common weale seeing they touch their commoditie and benefitt spiritually as the other doeth temporally And withall on the other side I shall doe my best indeavour to aduertise them that the gouernement of the Church by Prelacie is such a maner of gouernment as was neuer yet The government of the Church by Prelacie disagreeable to the government vsed in the common weale in the administration of iustice by any subiect no not touching the outward forme thereof once admitted into any part of common weale and that therefore the same if it may please the King will very easely bee sent and transmarined vnto Rome frō whence it first came where it had it originall and birth-right And to the end that we may clearelie discerne whether the nature of the gouerment of the Church by Prelacie or the nature of the gouerment desired to be planted by Pastors and Elders be more agreable to the nature of the pollicie receaued and vsed both by the Nobles and common people in the common weale it is necessarie that the manners and formes both of Prelaticall Pastorall gouernment be made familiar vnto the minde of the Reader And because wee haue alreadie declared the manner of the election and confirmation both of a Bishopp into his Episcopall Sea of a Minister into his Pastorall charge what the one is by the lawe alreadie established and what the other by a law desired to be established ought to be wee will not any more speake of their entrāce into eyther of their places vnles only a litle to recreate the Reader we merely note what answere some Bb. haue made when as long chasing after Bishopricks they haue chafed in their minds for feare of loosing their pray as was the answere of that Italian Bishopp The answer of an Italian Bishop loth to loose his Bishopricke who beeing thrise demaunded of the Archb. as the manner is vis Episcopari vis Episcopari vis Episcopari and being willed by one standing by thrise againe to aunswere as the maner is nolo nolo nolo He making no bones at the matter aunswered aloude with an oath Proh Deum dedine ego tot milia Florenorum pro volo Episcopari iam debeo dicere nolo or as was the answere of that English Bishop who having promised a Courtier one annuitie of xx pound during The answer of an English Bishop having obteyned his congedelier his life out of his Bishopricke if he could procure the speedie sealing of his congedelier within a while after whē it was sealed he rapt out an oath sware by Iesus God that the same Gentleman had done more for him then an other great Courtier who before hande for that purpose had receyued frō him one thousand markes But whether all Bishoppes buye their congedeliers dearer or better cheape is not a matter incident to this treatise onlie if they buie deare they may happelie think with them selues that they may sell deere vendere iure potest emerat ille prius setteth not anie price vpon any wares in the Royall exchange But to returne to our purpose whence by occasion of those Bishoplie oathes and answeres wee haue a little digressed let vs see what is the maner The maner of the administration of spiritual iustice in the Church by Prelacie and forme of the administration of spirituall iustice in the gouernment of the Church by Prelacie as the same is ordinarilie administred in all places throughout the Church of Englande Wherein that we be not mistaken it is to be vnderstood that the maner of administratiō of iustice wherof we speak is that administration of iustice onlie whiche respecteth the punishment of crimes eccllesiasticall to be inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistorie proceed from the iudgement and authoritie of the Bishoppe alone if he bee present or from the sentence and power of his Vicar generall or Cōmissarie alone if he be absent Nay doth not everi such censure likewise in the Archdeacons consistorie proceede from the sole authoritie of the Archdeacon or if he bee absent from the sole authoritie of his officiall But if the like course of the execution of Iustice as this is can not be found to be an ordinarie course of Iustice in the common weale where Iustice is administred in criminall causes by the ministerie of a subiect I would faine learne what preiudice may be feared to redound vnto the cōmon weale if the administration of spirituall Iustice after a sort were established to be after the same manner in the Church after which civill Iustice is alreadie practised in the common weale I said after a sort to this end least I should bee mistaken For the meaning is not that spirituall Iustice should bee ministred exactly in No one subiect in the cōmon weale can alone exercise civill iustice in causes criminall every respect after the maner of civill Iustice but the comparison standeth onlie in this that as not any one temporall subiect alone hath authoritie to heare to examine and to iudge any one criminall cause in any Court of civill iustice in the common weale so likewise that not any one spirituall person alone should haue authoritie to be examiner and iudge of any one criminall cause in any Court of spirituall Iustice in the Church For if certain principall The administration of spiritual Iustice by Pastors Elders agreeable to the execution of civill iustice in the common weale godly persons associated vnto a learned and zealous Pastor in the presence and with the consent and authoritie of the people of every Parish did enioyne penance suspend or excommunicate a spirituall offendor were not this forme of administration of spirituall iustice more consonant agreeable and conformable to the daily executiō of civill Iustice in the Courts of the cōmon weale then is the administration of spirituall Iustice by the Bishopp alone or by his Vicar general alone in his Consistorie and to make this matter more familiar in the mind of the Reader for an instāce or two let vs suppose that Mai. Doctor Bancroft were still Parson of S. Andros Maister D. Bancroft with his assistāts letter able to
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
venerabilis viri domini Archidiaconi Surr. omnibus singulis rectoribus c. salutem Cùm nos rite legitime procedentes omnes singulos quorum nomina c. in noÌ„ comparendo coram nobis c. seu saltem in non satisfaciendo mandatis nostris c. pronunciaverimus contumaces ipsosque c. excommunicandos fore decreverimus Cumque discretus vir magister Roul Allen presbyter eosdeÌ„ omnes singulos subscriptos ex officio nostro excommunicaverit in scriptis iusticia id exigente vobis igitur committimus c. quatenus eos omnes c. sicut prefertur ex officio nostro mero excoÌ„municatos fuisse esse c. palam denuncietis c. Datum sub sigillo officialitatis nostrae 19. die Decembris Anno Domini 1587. John Hone Doctor of the Lawes Officiall of the venerable man the Archdeacon of Surr. to all and singular persons c. greeting Whereas we otherwise rightlie and lawfully proceeding all and singular whose naâ—â—s are vnderwritten in not appearing before vs or at least-wise in not satisfying our mandates haue pronounced contumacious and decreed them to be excoÌ„municated And whereas also the discrete man M. Rouland Allen presbyter out of our office hath excoÌ„municated all and singuler vnder written iustice so requiringe wherefore wee charge you that openlie you denounce and declare them everie of them so as aforesayd out of our office to be excoÌ„municated Giuen vnder the seale of our officialitie The 19. day of December 1587. By this practise it doth appeare that Doctor Hone and Rouland Allen canvased manie poore men verie piteouslie And that this poore curate Rouland Allen had a warme seruice to attend vpon Doctor Hone and to ierk those whose points soeuer hee should vntie But because this precept was an article concluded vpon by the reuerend Bishopps in their convocation and confirmed as I suppose by the Royall authoritie of our late Queene wee will forbeare to speake what we thinke might iustlie be spoken against the incoÌ„gruitie therof Onely this without offence to the reuerend Bishoppes wee may safely demaund sithence everie ordinarie whether he be a Bishopp or a presbyter by this article of their owne devise hath such an absolute power resiant in his person as that thereby thoroughout his whole iurisdiction he may thus coÌ„mit the execution of discipline by excommunication partlie to one laie person and partlie to one ecclesiastical person partly to a supposed spiritual Elder and partlie to a lay Elder sithence I say this is so we may safelie demande what reason they can produce to hinder the King from having authoritie to coÌ„mande three or foâ—re or if occasion The Kinge hathas good right to coÌ„mand excoÌ„munication to bee exercised by a Pastor and Elders as the Bb. haue to commit the same to a Curate and one lay Elder serue fiue or six lay Elders as they call them and one spirituall Pastor being a true spirituall Elder in deede all lawfullie chosen ecclesiasticall Officers in the house of God that they ioyntly should not execute the discipline of Christ viz. excommunication and other censures of the church in every Parish within his Kingdome If it bee aunswered that in this case the Presbyter alone doth excoÌ„municate is it not as if one should say that the executioner doth giue iudgmeÌ„t when at the coÌ„mandment of the Iudge he smiteth of the head or casteth downe the ladder or may not as much be said for the excommunication whereof wee speake that the Pastor onlie should excommunicate when by vertue of his office with the consent and not by the prescript of the Elders associated vnto him he should declare and pronounce the partie to be excommunicated But let it bee graunted that Rouland Allen denounceth the lesson which is writteÌ„ in the paper for him to read yet is it cleare by the precept that the same must bee done by the prescript of Doctor Hone. Besides Doctor Hone he citeth he precognizateth the parties and they being absent he pronounceth them contumaciter absentes and in paenam contumaciarum suarum huiusmodi decreeth them to be excoÌ„municate and are not al these necessarie partes incident to the execution of discipline by excommunication And how then can the Minister be saide to excommunicate alone when Doctor Hone of necessitie must play three parts of the foure without all or without any one of which parts the excommunication by reason of a nullitie is merelie voide Againe the acte being done as it were vno puncto at vno halitu and Rouland Allen and Doctor Hone having their commission from the Archdeacon in solidum how can their iudgement be devided Furthermore to say that Rouland Allen doth excommunicate by the authoritie of Doct. Hone were to overthrowe the intendement of the article Because by the scope of the article it is plaine that the Presbyter to be associated to the officiall must onlie derive his authoritie from one who hath taken ecclesiasticall orders But those orders Doctour Hone never tooke otherwise Rouland Allens presence had bene vnnecessarie and superfluous And therefore if the excommunication be of any validitie theÌ„ is discipline by excommunication in the Church of England exercised partlie by one laie Elder as they call him and partly by one Ecclesiasticall Elder wherein againe it is worthy the observation for the matter we haue in hand that Doctor Hone a mere laie temporall man hath authoritie from the Archdeacon to call and associate vnto him to prescribe Roul Allen a Presbiter an other mans hireling Curate in Southwark to excoÌ„municate not only the Parochians of an other Pastors charge but also any other Pastor whatsoever subiect to the Archdeacons iurisdiction And hath not the Kings Highnesse then as good right as great a priviledge and as high a prerogative to command Maister Doctor Andros or Maister Doctor King and lay Elders by a lawfull election to be associated vnto either of them to excommunicate either of their owne Parishioners for publike drunkennes or other notorious sinnes committed in their owne Parish For if it bee lawfull at the voice of a lay stranger that an hireling and stipendary Curate should chase an other mans sheepe out of his owne folde how much more is it lawful that a true sheepherde should disciplinate his own sheepe feeding and couchant within his owne pasture and within his owne fold Furthermore touching the admittance of governing Elders or lay Elders as they call them vnto the Minister of everie congregation according to the former patterne of one lay Elder that the same is not a matter so strange for lay men to bee ioyned in this charge of ecclesiasticall government as the opposites Lay men appointed by the Queenes iniuuctions to execute some part of discipline beare vs in hande to be it shall not be amisse to cal vnto their remeÌ„brances one of our late Soveraigne the Queenes iniuctions wherby certeyne lay persons called overseers were commanded to be chosen by
together with their functions are arbitrable ceremonious rituall traditionall or circumstanciall yea and removeable at the pleasure of the King and State Neither doth this disagree from that A Bishopp Pastor and Elder and our Lorde B. diffu which was erst sayd of a Bb. or Pastor that they be all one in respect of their function For it is not sayd that an humane Bishop and Pastor but that a Bb. and Pastor are all one For a Bb. simplie so called is not a Bishopp and Pastor in respect of his fellowe brethren but only in regard of his flocke which he ouerseeth feedeth and ruleth But a humane what a lord Bishopp is Bishopp is hee that is promoted vnto this dignitie by man and who by mans authoritie taketh vpon him superoritie preheminence ouer them which are equall vnto him touching their function that intangleth himselfe with civill gouernment and wordlie affaires and whose Bishopplie office consisteth not so much in the dispensation of Gods worde and Sacraments as in Lordlie Bishoplie apparell Crossing with the signe of the crosse confirmation of children sole imposition of hands sole excommunication sole enioyning of articles vpō the people and Clergie of his Diocesse consecration of oratories delegation of his episcopall authoritie to his Suffragane Vicar generall and principall officiall and other such humane and Bishopplie functions All which are after the customes preceptes and traditions of men And albeit D. O. by vertue of the Queenes congedelier were chosen by the Deane and Chapter of Lichfield in episcopum Pastorem ecclesiae Lichfieldensis yet is hee never intituled The Lorde Bishoppe of Lichfield is neuer honored with the title of being Lorde Pastor with the dignitie of being the Lord Pastor but onely with the honor of being the Lord Bishop of Lichfield so that one and the self same person being a Bishop and a Pastor may be a Lord Bishop over Pastours but not a Pastor over Pastors Wherevpon it followeth that the Pastorall Pastoral authoritie of a Lord Bb of other Pastours is equall authoritie which hee hath in common with his brethren the other Pastors of his Diocesse is of no superioritie or proheminence aboue theirs and that touching the function both of his and their Pastorall cure charge there is a paritie betwene him and them by reason whereof he can haue no power over them because par in parem non habet imperium But why is it that he can not be called Pastor Pastorum ecclesiae Lichfieldensis Lord Pastor of the Pastors of the Church of Lichfield and yet may be called Dominus Episcopus Pastorum ecclesiae Lichfieldensis Lord Bishoppe of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the lawe of man for his episcopall iurisdiction and for that his pastorall function if hee haue any belongeth vnto him in common with his brethren the other Pastors iure divino The Bishoppe then having these two severall Whether a lord Bishop minister the doctrine sacrament and discipline of Christ by vertue of his lordlie episcopal or pastorall office and distinct offices imposed vpon his person the one by divine the other by humane lawe the one humane and episcopall the other without pompe pastorall there ariseth from thence this question by which of those two functions hee may lawfullie I meane according to Gods lawe minister the Doctrine Sacramēts censures of Christ If it be aunswered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacramentes and by force of his humane Episcopall office to minister the censures of Christ then is not the answere fitted to the question the same being made â bene coniunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simplie of divine ordināce it must followe if his episcopall power be only of humane right pastoral power only of divine institution that the censures may be ministred by authoritie derived only from mā but the doctrine and sacraments by power derived onlie from God Which commixion of divine and humane right in the execution of the ordinances of God can no maner of wayes be sound pure and sincere and therefore also can not be pleasing vnto God For no more can the censures of Christ to the pleasure of God bee lawfullie administred by the authoritie of any one whose function is of man and not of God then could the sacrifice of God be offered by one who was a priest of man and not of God Now that humane episcopalitie or Bishoppisme in the Church of England is authorized and deduced from the power and law of Lordlie episcopalitie authorized onlie by the lawe of the Realme man viz. of the King Realme alone is evident as well by the donation endowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishoprickes of Chester Gloucester Bristoll Peterborough and Oxford with their cathedrall Churches Seas Cities meeres and boundes of those humane Bishoppes for the exercise of their episcopall administration according to an act of Parleamēt authorizing the Kings Highnes to make Bishoppes by his letters patentes Nay further that humane episcopall iurisdiction within the meres Note that King Henry the eight by letters patents made Bb. therefore c. and boundes of every Diocesse within England is merelie of humane and not of divine iustitution appeareth by that power and authoritie which the Kinge hath in translating dissolving of Bishoprickes in conserving episcopall iurisdiction 31. H. 〈◊〉 c. 9 sometimes to such persons as be no Bishopps as did William the Cōquerour when he gaue Episcopall power to the Abbot of Battayle and lastlie by the verie maner and forme of the nomination licēce of election authoritie of investiture confirmation and consecration of Archbishoppes and Bishops established by the more positive lawe of the Realme But if it be aunswered that 25. H. 8. c. 20. the Bishoppe by his humane episcopall power doth minister the doctrine Sacraments and discipline of Christ then is the case worse with him then it was before because then not onlie the Discipline of Christ but also the doctrine Sacramentes of Christ should be ministred by that authoritie whiche is of humane institution Besides the answer should be vntrue because the Bishoppe at the time of his cōsecration doth not receyue anie authoritie to preache the worde and minister the Sacraments for that authoritie was then commited vnto him when first he was ordeyned to be a presbyter But the authorite which he receyueth at the time of his consecration is to correct and punish such as bee vnquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That episcopall power in Englande is not of divine but of humane institution Especiallie for that
Archbishop of Canterburie cā haue over nine thirtie or fortie thē me thinketh it a matter very reasonablie of them to bee confessed that all true Pastors whether they bee great Pastors or litle Pastors may lawfullie exercise all maner of such true power spirituall as vnto true spirituall Pastors by the holie scriptures doeth apperteyne For if Bishops being great Pastours may therefore preach minister the Sacraments because they be as they say true Pastors thē also may litle Pastors therfore excommunicate because they bee as the scripture saith true Bishoppes Wherefore if the L. Bishopp of London by vertue of his Pastorall office as hee thinketh which with his brethren the other Pastors of his Diocesse he hath in commō deriveth vnto him immediatlie from the word of God may lawfullie excōmunicate then the pastorall office which Maister Doctor Androes hath ouer the people of his Parish of St. Gyles without Creeplegate and the pastorall function which Maister Doctor Whyte hath ouer the people of St. Dunstones within Temple-barre beeing as absolutelie as immediatlie deduced vnto them out of the same word what profe can be made out of the worde that the Bishoppe being not Lord Pastour of the Pastours of his Diocesse may lawfullie by the worde excommunicate all maner of offendors both Pastors and people within his Diocesse and yet neuertheles that neither Maister Doctor Androes nor Maister Doctor Whyte by the same worde may excommunicate any one of their Parishioners at all Nay further what reason can there be afforded from the law of God that Maister D. Abbot Deane of Winchester that Ma. Browne Maister Barlowe and diuers other prebendaries in the church of Winchester hauing certeyne parochiall and pastorall churches annexed to his and their Deanrie and Prebendes and Maister D. Grey in his parish by their pastorall functions should haue absolute authoritie vnlesse it bee during the time of the L. Bishoppes trienniall visitation to exercise the discipline of Christ within their seuerall and peculier churches and yet notwithstanding that neyther Maister Richman nor Mai. Burden being both of them graue godlie learned Pastors should haue at any time anie pastorall authoritie to exercise any censure at all And as it is in the church of Winchester so is it in the church of Paules in the church of Salisburie in well nigh all if not in all the Cathedrall Collegiall Churches thoroughout the Realme The Deane Prebendaries and Canons hauing certayne parochiall Churches exempted from the Bishopp within their exempt and peculier iurisdictions by mere Pastorall authoritie for episcopal authoritie by the lawes of the Church haue they none may exercise all maner of spirituall censures and that aswell by their substitutes as by them selues Nay which is more in Cheshire Lancashire Rurall Deanes in Cheshire c. vse some part of episcopall power Yorkeshire Richmondshire and other Northeren parts there be manie whole Deanries exempted from the Bishopps iurisdiction wherein the Deanes and their substitutes haue not onlie the probate of Wills and graunting of administrations but also the cognisance of ecclesiasticall crimes with power to vse the ecclesiasticall censures Yea and this authoritie of the executiō of ecclesiasticall censures haue those Deanes either long since by some papall priviledges Episcopall power to excōmunicate graunted by papall priuiledges or prescribed vse obteyned or els by long vse prescribed against the Bishopps Whereby againe it is clerelie convinced that Episcopall excommunication vsed in the Church of England is not of divine institution but onlie by humane tradition For were it of diuine right then could the same Power to excommunicate if it be of diuine right may not be prescribed no more bee prescribed or by papall immunitie be possessed thē could these Deanes prescribe power or bee enfranchised to preach the word or to administer the Sacramentes These things haue we thus at large more fullie intreated of to the end that the Kings Highnes and his Parleament and all sortes of people might well vnderstand howe it is not altogether an vnvsual and vnaccustomed thing in the Church of England that private inferiour ministers as they call them in their owne right and in their owne parochiall parishes without any authoritie from the Bishoppe should exercise even the highest censure of the Church And that in sundry places of the Realm there is no preeminence in the matter of the execution of the censures attributed to a Bb. aboue a Minister Nay whiche is more then is attributed to a Bb. aboue a No more preheminēce given to a Bb then to a Minister or to a lay man in some places for the vse of excōmunication lay man yea then to such a lay man who is authorized onlie by a lay man to his office Which is evident by the ecclesiasticall iurisdiction and censures exercised a long time by lay men in the peculiar iurisdictions of Newton Gronbie Anstic Soke of Rothelie Evington and other parishes hamlettes in the Countie of Leycester The officers of al which places for their spirituall authoritie having not had any other warrant then such only as hath bin signed sometimes vnder the hande and seale of the right Honorable the Earle of Huntingdon deceased sometimes of the Honorable Sir Henrie Grey knight sometimes of Henrie Skipwith Esquire and sometimes of others For the avoyding therefore of sundrie intollerable inconveniences whiche hitherto hath ensued for want of that authoritie which the Law setled doth enable every Minister with It is most expedient that all humane authoritie in the execution of spirituall censures bee vtterlie taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly pastors with discrete Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and primitiue church I had almost forgotten to speake of one common and vsuall kinde of iurisdiction spirituall in the vse of the censures of the church by the Archb. which in cases of their prerogatiue they haue prescribed against the Bb. over the presbyters and people of euery Bishoppes Diocesse and Archdeacons iurisdiction within their provinces of one other cōmon and vsuall kinde of pretensed spirituall iurisdiction and vse of the censures which the Archb. and sometimes the Deane and Chapiter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of iurisdiction censures so called of the Church whiche Suffraganes and Archdeacons haue and do vse As touching which supposed spirituall power both of the Archbishopps Archdeacons because the same their power doth only belong vnto thē iure consuetudinario non scripto by vnwritten and not by written lawe I must conclude against the iurisdiction of the Archbishopps prerogatiue and against the Archdeacons iurisdictiō in all cases as out of St. Cyprian King Henry the eight concluded against the Pope viz That their authorities can not be from Christ Because Christ saide
ego sum via veritas vita He neuer said ego sum consuetudo Touching the iurisdiction of the Deane and Chapter the papall lawe being abrogated how the same may lawefullie now bee vsed otherwise then by sufferance and consent of the King and Realme I know not But of all spirituall authoritie exercised at this day in the Church of England the same semeth to draw most neare to the semblance of the gouernment practised by the Apostles and primitiue Church And might bee approued in many points if so bee the Deane and Chapter being as it were a Senate of preaching Elders did no more commit the execution of their ecclesiasticall iurisdiction to the wisedome of one Vicar general or principall official then they doe put over the leassing of their Landes or dividētes of their rentes to the onlie discretion of one of their Baylifes or Stewardes As for Bishoppes Suffraganes in Englande and in Wales how many there may be and what Cities and Townes are to be taken and accepted for their Seas it is at large expressed in a statute made for the nomination of Suffraganes By which statute also wee are given to vnderstand that it remayneth onely in the disposition and libertie of everie Archbishop Bishop within this Realm c. to name and elect two honest and discrete spirituall persons being learned of good conversation and them to present vnto the Kinge by their writing vnder their Seales making humble request to giue to one such of the saide two persons as shal please his Maiestie such title name stile dignitie of Bishop of such Seas specified in the said act as the Kings Highnes shall think most cōvenient for the same so it bee within the same Province whereof the Bb. that doth name him is Besides after such title stile and name given by the Kinge it is saide that the King shall present every such person by his letters patentes vnder his great Seale to the Archbishop of the same Province wherein the Towne whereof hee hath his title name stile and dignitie of Bishop and that the Archbishop shall giue him all such consecrations benedictions and ceremonies as to the degree and office of a Bishopps Suffragane shall be requisite It is further enacted provided that every person nominated elected presented and consecrated according to that acte shall be taken accepted and reputed in all degrees places according to the stile title name dignitie that he shall be presented vnto haue such capacitie power and authoritie honor preeminence reputation in as large ample maner in cōcerning the executiō of such cōmission as by any of the saide Archb. or Bb. within their Diocesse shall be given to the saide Suffragane as to Suffraganes of this Realm hertofore hath bin vsed accustomed And that no Suffr made cōsecrated by vertue of this act shall take or receiue any maner of profits of the places Seas wherof they shall be named nor vse haue or execute any iurisdiction or Episcopall power or authoritie within their said Seas c. but only such profites iurisdiction authoritie as shall be licensed and limited vnto them to take do and execute by any Archbishopp or Bb. within their Diocesse to whom they shall be Suffraganes vnder their seales And that no such Suffragane shall vse any iurisdiction ordinarie or Episcopall power otherwise nor longer time then shall be limited by such commission to him giuen vpon peyne c. From which Act touching the vse exercise of Episcopall power and censures by the Suffragane we may againe safely conclude that the Episcopall power graunted by the Bishops to be vsed by the Suffragane is not of diuine right and institution but only from humane devise and ordinance For the Suffragan could not exercise any power called spirituall or Episcopall vnles by the Bb. he were nominated by the King elected and presented by the Archb. consecrated and by commission vnder the Bb. seale authorized in what maner and for what time he should exercise the same Custome then being not from heauen but from the earth and againe the Bb. commissiō limiting the Suffraganes delegated power being of man and not of God it followeth necessarilie that that Episcopall power which the Bishoppes vse and exercise in England can not be diuine but humane Because Episcopall authoritie which is diuine being conveyed from the Royall and Souerayne authoritie of our Sauiour Christ the giuer of all power vnto euerie officer within his Church can not be transferred to any other person by the same Bb. by the King by the bodie of the state or by custome For the Kings person and bodie of the state not being made capable by the holie scriptures to vse and exercise that Episcopall power which is of diuine institutiō can neuer transferre the same to others whereof they be thē selues vncapable And to defende that custome or any municipall lawe should transferre diuine Episcopal power from a divine Bishopp to any humane officer is more erroneous And from hence if the now L. Bb. of London iudge his Episcopall power to belong vnto him by divine and that by the same right he haue power aswell to ordeyne depose suspend and excommunicate presbyters as to confirme boyes girles yong men maydens there seemeth to bee good reason that the same Bb. should make it apparantly knowne vnto the King Realm by what power or commission descended from heaven hee may delegate vnder his Seale the same his divine authoritie of ordination deposition suspension excommunication and confirmation vnto Doctour Sterne his now Suffragane of Colchester For if from the holy Scriptures hee can produce no warrant for the making of a delegation of any part of that Episcopal power which he holdeth to be cōmitted vnto him frō our Savior Christ then well may we conclude against the ordination deposition suspention excommunication confirmation made by the same his Suffragane that the same his Suffraganes ordination deposition c. is not divine For how can an ordination a deposition c. made by a Suffragane be divine when as the commission graunted by the Bishop is meerlie humane Wherefore seeing the Bishop himself hath plucked certeyne of his principall feathers from his own spirituall winges if so be his owne winges may be spirituall and imped them with an vntwysted thread of humane policie to the humane trayne of his Suffragane and seeing also his Archbishoppes grace of Canterburie in cases of his metropoliticall prerogatiue the Archdeacons London Midlesex Essex Hertforde the Deane of Paules and certeyne prebendaries in Paules the Deane of Westminster the Maister of the Savoy and divers other Persons haue by Papall privileges or by auncient custome prescribed almost all other partes of his Episcopall power there seemeth good reason that the Bishoppe should againe declare whether the Churches within the saide Diocesse after the decease or translation of his Lordshippe shall stande in neede of any Lordlie Successour to sitt
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