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A00282 An abstract, of certain acts of parliament: of certaine her Maiesties iniunctions: of certaine canons, constitutions, and synodalles prouinciall: established and in force, for the peaceable gouernment of the Church, within her Maiesties dominions and countries, for the most part heretofore vnknowen and vnpractized Stoughton, William, fl. 1584. 1583 (1583) STC 10394; ESTC S101664 176,465 272

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Therefore c. 1 Whatsoeuer is vndecent and vncomely in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomely 3 Therefore for one man to be placed in two benefices is vnlawfull BEside these Canons there are many mo establishing the not hauing of many benefices for one man but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuers other absurdities thē wherof mention hath ben yet made against the vnlawful retinue of many benefices are expresly all eaged is not amisse to be repeated Who sayth as followeth Octob. de inst seu collat cap. 2. EX HIIS AVTEM c. We suffice not to speake how great euils proceed out of these pluralities vnto the church For by them the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting any voyde benefice is frustrate The miserable and blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strifes and contentions arise braules and enuies are nourished And for this cause we chiefly feare the fire of God his wrath to haue beene kindled against men of such rule and for the offences of some to haue sent a feare or reuenge against all and whilest we see nothing so perillous we feare such or greiuouser thinges in time to come vnlesse God by his mercie respecting vs shall lay to some wholesome remedie If the disease and maladie of pluralities in time of ignoraunce and superstition was such 5. P. 2. that the blinde leaders of the blinde had their eyes in their heades to see the infection ther of to be most perrillous as well to their synagogue as to their common weare how is it possible that plurified men in the time of the knowledge and truth of the Gospell should find any meanes to escape the fyre and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of Englande also made against these excesses prohibite likewise the hauing of mo benefices as appeareth by an Act of Parliament made the 21. yeare of Henry the 8. the tenor whereof ensueth And be it enacted that if anye person or persons hauing one benefice with cure of soules beeing of the yearely valew of 8. pound or aboue accept and take any other with cure of soule and be instituted and inducted in possession of the same that then and immediatly after such possession had thereof the first benefice shall be adiudged in the law to be voyd And that it shall be lawfull to euery patron hauing the aduouson therof to present an other the presented to haue the benefite of the same in such like maner and forme as though the incumbent had dyed or resigned Any lilence vnion or other dispensation to the contrary here of obtayned notwithstanding And that euery such licence vnion or dispensation had or hereafter to bee had contrary to this present Act of what name or names qualitie or qualities soeuer they be shall be vtterly voyd and of none effect As touching any other Canons made and in force before 25. Henry 8. allowing certayne immunities priuiledges and dispensations to be graunted for the possessing of many benefices parrish Churches rightly vnderstood are no way preiudiciall vnto these former ordinaunces For in thinges depending vpon the meere disposition of man though the magistrate haue authoritie as well generally to forbid and prohibite as also in some cases besides the said law to licence and dispence Yet concerning the matter of pluralities it will not be found Pluralistes I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condero Papa qui ius condidie est supra ius maiorem enim retinuit potestatem c. That is To him it belongeth to pul downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is a boue the law because he hath retained a greater power to himselfe then he hath giuen to the law The pope hath a fulnes of power to dispose of benefices at his pleasure And therefore say they As Churches were at the first by Law positiue both founded and distinguished so may they againe by the same lawe positiue either be cleane taken away or vnited Which vnnecessarye and sophisticall consequence is simply to be denyed First for those former rules generally vnderstood without limitation and distinction be either vtterly false or els contrary and repugnant to other principles of lawe Againe concerning these or anye other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generally giuen in thinges of meere pollicie and disposition of man onelye deuised by man of which sort these former rules are that receiueth not some limitations and restrictions And that therefore these principles whervpon the foundation of pluralities is layde beeing weake and easilye shaken with a little blast of mans witte can not stande or haue anye sure setling in as much as againste the same many challenges may be made and many exceptions taken Secondly the foresayd coherence followeth not for twoo apparant and principall fallacies contained in the same as afterwardes shall be manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. He may breake a law that may make a law the same is not alwayes true It taketh no place Vbi causa prohibitionis est perpetua Where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quia perpetuam habet causam prohibitionis nulla est obligatio Because it hath a perpetuall cause of prohibition there is no obligation ff de verb. oblig l. si stipuler in id glos extra de simo c. si quis ver iuramentum As for example the reason and cause of prohibition againste murther theft rauine blasphemy is perpetuall and therefore the lawe againste murther theft rauine and blasphemye ought to be perpetuall And therefore man hauing once made lawes againste these vices it is not lawfull for man afterwardes to dispence with these vices or by licence to warrāt any man to steale to kill to spoyle or to blaspheme For whosoeuer shall in this sort dispence with a lawe the same also may dispence with the reason of the lawe and so with the soule and life of the lawe and so make the lawe a vayne and dead lawe Ratio legis est anima legis The reason of the law is the soul and life of the Lawe therefore as none
maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
of this nature it is not of the nature of a priuate action betweene man and man nor of suite commenced betweene party and party but the case herein standeth betweene a meane person or a meere periuate man and the whole Church yea betweene the Lorde of Heauen and earth and a Byshop his pore creature It is not I say whether the same should bee executed by man onely because Firmius est iudicium quod plurimorum sententia confirmatur or by fewe vt facilius expedirentur negotia But whether the same should be executed onely by many and not by one because the ordinaunce of God is so And therefore the case standeth in effect thus whether a lawfull prescription by an Archbysh or Byshop agaynst a Deane and Chapter or the custome of an Archdeacon against Archbysh Bysh and Deane and Chapter by the Canon Lawe be a sound substantiall prescription and custome against the whole Church against the family of the Lord and against his ordinance For at the beginning it was not so Whereunto I aunswere that as Nullum tempus currit Regi nullum tempus currit reipub No time runneth against the King no time runneth against the common wealth so in this case and all other of the like nature Nullum tempus currit ecelesiae nullum tempus currit domino No time runneth the Church and no time runneth against the Lorde And therefore though the Byshop may perhaps affirme him selfe to haue obtayned right by prescription to excommunicate without any aduise of the Deane and Chapter yet shall he neuer be able to prooue that hee hath therefore lawfull authority to excommunicate alone sithence the vsadge of the first Church and the ordinaunce of the Lorde are quite and cleane agaynst his sayde assertion Yea I say more namely that euen by the Canon Law it selfe neither Archb. nor B. can truely iustifie any Excōmunication by one man alone at all the said popish custom now ceasing to be any more a custome For in deed the reason of this custome ceaseth to be any more a reasō for such a custom in our time the reason of the former lawes made before this custome vrgeth the same lawes to be practized again now a dayes And therfore as Cessante causa cessare debet effectus the cause ceasing the effect ought to cease vrgente ratione legis vrgenda est lex The reason of the Law vrging the Lawe is to be vrged So the sayde popishe custome ought in deede to cease and the sayde Canon Lawes ought to bee obserued Neyther is the Canon of Boniface the eyght made for the sayd custome any impediment hereunto First for that the saide custome is meerely against the worde of God with which no Pope coulde euer dispence And therefore as contrary to the Apologie of the fayth of the Church of England by no intendement of any statute or statute makers in England confirmed Secondly the Canon of Boniface made to confirme a custom not participating the nature properties and inseparable accidents of euerie good and laudable custome but onely made by a lawles absolute power contrary to the principles and axioms of Law is not confirmed by the statute of 25. vnlesse wee absurdly graunt eyther the said statute to confirme lawfull Canons and a law lesse custome or seuerally to establish a lawlesse custome and to infringe lawfull Canons For this decree of Boniface approoueth and ratifieth such a custome as hath no maner of fellowship or societie with any lawfull custom But to let these things passe and no further to vrge the defecte of the reason of the custome to abolish the custome or the efficacie of the reasons of the Law to establishe againe the law Let vs returne to the lawes and decrees before rehearsed authorising custom to binde as effectually as a law and by them let vs see whether this custome that one shoulde excommunicate alone authorized by Boniface the 8. participate the nature and proprieties of euery such custome as whereof mention is made in the lawes and decrees and if not then let vs conclude the same to be no custome at all Euery vsage is not a custome if no custome then no maner of excommunication either by lawe or custome to be vsed at all For euery vse creptin continued some long space is not therefore by and by a custom so of the nature of a law and of such power as foorthwith it may sholder out written law control cōmon right ff de consti princi l. in rebus Extra de prebend c. liceat de cleric non residen c. consuetudinē §. statuimus lib. 6. ff de legi l. Quod non Glos in c. aqua extra de consecr eccle ver consuetudine In rebus nouis constituendis euidens vtilitas esse debet vt recedatur ab eo iure quod diu obtentum est In ordeining new policies there ought to be an euident cōmodity for that law to be left that a long time hath bin obserued And againe Quod non ratione introductum est sed errore primum deinde consuetudine obtentū in aliis similibus non obtinet that that at the first was not begon by reasō but by error afterwards obteined by custom hath no place in other like cases Consuetudo quae est contra iuris naturam non prodest contra illudius non potest prescribi A custom that is against the nature of law profiteth not and against that law no prescriptiō may be For if the same shal be erronious vnreasonable not lawfully prescribed then is it of sufficient force to expel the law writtē therfore as hurtfull and preiudiciall for the gouernment of the church here after to be abrogated abolished For custome is no more priueledged then a lawe but as a law may be made dead taken away by a custome so like wise may a custome be made dead again by reuiuing a former law And though here might be vsed a peremptory chalenge against this custom begun continued in the popishe Synagogue contrary to the custome of the Church of Christ that for that cause in that respect only the same is farre vnmeet for vs therfore by vs to be vtterly abandoned Yet because we are as yet I can not tell how not altogether freed from the lawes and customes of the popish synagogue Let vs vse the reason of the same lawes to ouerthrow the same custome Neyther yet shoulde any man thinke that therefore the former popish lawes are to be approued as meete lawes for the Church of Christ to be gouerned by For weare there no other grounde of trueth that one shoulde not Excommunicate alone but the reason of the Popish law the obseruation therof wold not be vrged But because wee haue the trueth it selfe confirmed vnto vs at the commandement of the Lord by the Apostles mouth practised by the moste auncient fathers and by their authority and example drawn into
rites ensignes and ceremonies c. yet now foras much as we are certaynely infourmed that they bee altogeather Antichristian and therefore expresly against the worde of God we maye and ought to vrge the generall intendement of the statute generally to take them awaye Secondly were not the foresayde popishe rites ensignes and ceremonyes Antichristian and expresly against the lawes of GOD and therefore by this braunche of the statute might bee ministred vsed and exercised yet notwithstanding it is manifest that the sayde rites ensignes and ceremonies haue not beene appoynted by the prerogatiue of anye of the Kinges of this Realme but haue beene transferred from Italye vnto Englande by a forren and vsurped power and therefore by the seconde braunch of the statute as thinges authorized contrarye to the Lawes of the Realme are not anye more to be vsed or exercised In the time of King Henry the seconde we haue seene before that this priuiledge was graunted to Archbishops and Bishops that they shoulde holde their possessions of the King as a Baronie and shoulde be present in the Kinges courtes as other of his Barons If in these dayes they did sitte them selues in their owne Consistories and exercise gouernement by the lyke authoritie their Courtes happely woulde not be so contemptible as they bee nor their iudgement seates so abused as they are The people woulde be better quyeted in those places and offer lesse iniurie to the magistrate then now they doe And therefore I conclude that though hir highnesse and the lawes indirectly and as it were alatere tollerate these men to rule and gouerne according to those forreigne lawes whereof they haue the execution yet the more faythfull and loyall euery subiect is the more he should and doth contende to haue the whole and entyre gouernement of the Church and Common weale directly immediately and absolutely to spring from hir highnesse as from the heade and fountaine vnder Christe of all gouernement to be executed amongest hir subiectes In dooing wherof they shall dutifully and Christianly more and more mayntaine hir prerogatiue The Emperour forbidding Ecclesiasticall men to vsurpe Ciuill offices lost no whit of his imperiall prerogatiue ouer the subiectes yea rather hereby he openly declared the magnificence of his Empyre and the absolute authoritie he had ouer them and that as well by forbidding things not to be doone as by commaunding thinges to bee done Enemies of reformation enemies vnto hir maiesties prerogatiue For though he spoyled them of vnlawfull preeminences yet he enriched them with lawful liberties I know not the inward intent and meaning of such as mislike to haue ciuill gouernment translated frō Archbish Bish and Archdeacons vnto the ciuill magistrate But if I may speake that which may shrewdly be suspected they may seeme to be greater enemies to hir highnes prerogatiue then others be For though outwardly in wordes they seeme to graunt vnto hir all libertye in the disposition of ciuill offices whervnto the others do likewise agree and condiscende yet they seeme in deede to be loath she shoulde drawe the sword of hir prerogatiue cut a sunder the coards of their cōsistories They graunt hir authoritie to make them selues iustices of peace and ecclesiasticall commissioners and so wage law for hir prerogatiue An easie matter for them to stande in plausible to flesh and bloud their outwarde man delighteth with outwarde pompe and credit But suppose the case stood between the Archb. Bish and Archd. and hir maiesty for hir prerogatiue in abolishing their iurisdictiō trāslating the same to others that the matter were to be decided by the gretest part of their own voyces that their voyces were to be giuen in scrutiny not any waies to be knowen who had giuē his voice with or against hir prerogatiue in this case I feare me rather then their Lordeshippes shoulde take the foyle they woulde lay hir prerogatiue in the dust selfe loue woulde haue a strooke and fleshe and bloud woulde be loath to loose any liberty The history of Henry the fifth and the Oration of Henry Chychuby Archbishop of Caunterbury made in the Parliament house to alienate the Kings minde and to disswade his Nobles from the enterprise whereof hee and they had consulted touching the ouerthrow of irreligious houses and to draw their endeuours to make warre and to leauie an armie against the French king might be a forcible argument to anye to perswade him selfe the same thing in this case though he had no other reason to induce him therevnto But the vnciuill intreaty of hir highnesse owne schollers elected by hir gratious commaundemement from Westminster to hir owne Colledges in Cambridge and Oxenforde euen by such as would seeme in words to set vp mightie propes vnder hir prerogatiue argueth manifestlye the same thing For otherwise hir maiesties schollers in all respectes as well qualified as their owne and alwayes elected halfe a yeare before their owne might once in the space of twenty foure yeares though not for their owne sakes yet for their honorable Lady and mistresse sake haue receiued some more fauourable intertainment and preferment in those houses then hitherto they haue done The maisters of those houses woulde not haue placed them next vnto the screene and set them next vnto the Porters lodge as by elections vnto fellowships in the one schoolerships in the other they a long time haue doone Whereas on the contrary side it is apparantly knowen that sometimes the Dean of Christ church in Oxenford a great friend to reformation and a man for his excellent knowledge and wisedome in gouernment singularly commended euen by his enemies in these small matters gaue an apparant and rare example of his humble dutie and loyaltie vnto hir highnes For the reuerent estimation he had caryed of vnto hir highnes ordinance and institution he placed a scholler sent thither by hir maiesties appointment firste and senior vnto all those that were elected into the house at that time he him selfe brought the same hir scholler to his chamber and placed him in a Chamber and studie commonly appoynted for the ancients of the house all his owne schollers were inferior vnto hirs and placed beneath hirs Since the departure of which man if the Audite or butterie bookes of that house were sought you shall finde hir schollers names written alwayes in the latter ende of the booke the last of forty and placed after his scholler whom hir highnesse but the day before had preferred to be a Deane or prebendary in that house The Deanes schollers they goe and sit and are placed foremost the prebendaries in the middest and hirs hindermost and if they were to go a procession as in the time of popery hirs must go foremost as vnworthiest to go next to the crosse And because hir maiestie sometimes by hir letters heretofore requested the Deane and chapiter to receiue into hir Colledge such as she thought meet to be placed Now forsoth to preuent hir bountifulnes
precisely dissalowed cannot by the secōd branch of the same be generally approoued For how can one the self same law forbid and comand things so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vppon a lawe so contrary and repugnaunt vnto it selfe If the Archbyshop shall think that these two braunches may be reconciled that the meaning of the former maye and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtayned at that time at the sea of Rome for matters not contrary or repugnant to the law of God yet neither by this interpretation is the Archbishop truely intituled vnto any authoritie therby to dispence for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtayned at that time at the sea of Rome were obtayned for matters repugnaunt vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this statute flatly forbidden Which thinges our auncestors not thoroughly foreseeing neither duely examining for what maner of causes or matters licenses were at that time obtayned at the sea of Rome but onely in a generallitie inhibiting thinges repugnaunt vnto the law of God and neuer particularly describing what those things were but leauing the same wholy to the iudgement and discretion of one man the Archbishop alone haue fallen into two palpable absurdities the one that one man alone hath from time to time authoritie by his discretion to determine what causes are repugnaunt to the holy scriptures and lawes of God what causes matters are conuenient for the honour and safety of the King of England and what are necessary to be had for the wealth and profite of the realme three thinges of such waight and importaunce as the whole body of the realme at that time was scarceable to conceiue much lesse shall euer any one Archbish be able to practize The other absurditie is this viz. that by this statute soueraignity is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of Englande The wordes of the statute are plaine and euident But what reason is there for kinges and queenes of England to become wardes and pupils vnto an Archbishop of England Or howe agreeth it with the worde of God that a Christian king should in any sort be in subiection vnto his owne vassall Or what christian subiect dareth attempt to offer vnto his Christian soueraigne a tolleration For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the liberty of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a christian king neither a Christian subiecte be dispenced with For what man can dispence with the Lawe of God And in case the matter of dispensation concerne any thing appertayning vnto this life how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatiue For either he must bee dispenced with for breach of the positiue Lawe of this lande and haue the payne of Lawe remitted him by the Archbishop which were to set the Archbishops keyes aboue the Kinges armes Or els he muste purchase a dispensation that he may breake his Lawe which were against his honour and safety For saith the Emperour Digna vox est maiestate regnantis legibus alligatum se principem profiteri C. De le cōstit princ l. digna It is a worde worthy the maiestie of a ruler to acknowledge himselfe as chiefe tyed vnto the lawes Moreouer this case between the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes and customes of the Realme betweene the king and his subiectes For they remayne still the kinges vnderlinges and in deed giue but the kinges iudgements they iudge not the kinges person neither commeth any thing touching his person before them But dispensations from the Archbishop to the king concerne the kinges owne person The king in his royall person or by his proctor muste appeare in the Archbishops consistory he must alleage before the Archbishop sufficient matter whervpon the Archbishop but a subiect may be mooued to dispence with the King his soueraigne and finally the Kinges wisedome muste be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 Whatsoeuer is dishonourable and dangerous for hir highnesse person the same can not be conuenient for hir honour and safetie 2 But it is dishonourable and daungerous to haue the Archbishop to dispence with hir highnesse 3 Therefore the same is not conuenient c. WHich reason also maye as well be applied to disprooue the vnlawfulnes of the Archbishops dispensations granted vnto any of hir highnes subiectes as vnto hir highnesse owne person in as much as hir kingly prerogatiue and supreame gouernment in matters lawful by the holy scriptures is therby impeached The Arch. iurisdictiō only aduanced the surety of hir royal person peace of the cōmō weal il prouided for Againe sithence euery one of sound iudgement vnderstandeth the honour and safety of hir highnesse person onely and wholly to consist in the protection and safegarde of our most mighty and most gratious God and that nothing can bee so honourable and safe for hir highnesse as humbly and reuerently to attend and to submit hir selfe to the scepter of his word the execution of this statute by the Archbishop can not be but most inconuenient and perillous for hir highnes person in as much as partly through a corrupt construction partly by a synister iudgement not rightly discerning what thinges are repugnant to the word of God the sayde Archbishop dispenseth in causes and matters contrary and repugnaunt to the holy scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safety vnto hir highnes person And therfore hir highnes is humbly to be intreated to take the entier dominion and whole soueraignty due vnto hir by the word of God into hir owne handes and not anye longer to suffer such a blemishe to remayne in hir gouenement Had hir highnesse moste noble Father vnderstoode his kingly person to haue vndergone the Censorship of his subiect no doubt he wold as couragiously haue fought against an Archb. as he did against an Abbot Pouerty of the person no cause for a dispensatiō As