the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
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
nominate and elect their new Mayor Sherifes and Baylifes But that the Aldermen principall Townsmen Boroughmaisters and men having borne chief offices in those Cities Townes Boroughes haue easilie bene wrought by ambitious persons to giue their consents vnto vnworthie men though it haue pleased the Ll. Bb. with seene and allowed to haue spred and published this saying yet that the same saying is wholy vnworthie of anie credite to be giuen vnto it or to bee regarded of any wise and indifferent man let the sober peaceable elections made of the worthies of the lande hereafter mencioned be witnesses And to leaue to speake of the election of the Lord The officers in Cities Townes corporate chosen without contentioÌ„ ambitious working of vnworthy men Mayor of the Citie of London Sherifes Aldermen Wardens of companies ChaÌ„berlaynes Bridge-maisters and other annuall officers of honor and dignitie let vs consider whether the Citizens of London haue bene wrought by ambitious persons to choose Maister Wilbraham Maister Onslie Mr Bromly to bee their Recorders all three afterwarde the Queenes sollicitors and Maister Bromly Lord Chancelour of Englande and let vs consider whether the same Citizens as men of affection and want of â—ight iudgement did elect to be Recorders of the same Citie Mai. Serieant Fleetwood Maister Serieant Fleming Maister Serieant Drue and now Maister Crooke a maÌ„ wise learned and religious a CouÌ„seler and Iusticer within the Principalitie of Wales The Recorder of the Towne of Bedford is the right honorable the lord St Iohns of Bletsoe The Recorder of Bristoll was a long time Maister Poppam now Lord chief Iustice of England The Recorder of Northampton before he came to be Iudge in the Kings bench was Maister Serieant Yelverton a favourer of the trueth an vpright Iusticer The Recorder of Warwicke was Maister Serieant Puckering afterward Lord Keeper of the great seale And of the same Towne the Recorder now is a worthie Knight descended from a noble house Sir Foulke Grevile The Recorder of CoveÌ„trie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was Mai. Serieant Lewkner now chief Iustice in the principalitie of Wales The Recorder of Norwich was Maister Cooke the Kings Atturney generall And who soeuer shall enquire after the names after the maner of election of all the Recorders in all other Cities Boroughes of the land I doubt not but he shall find them all to haue bene farre froÌ„ any least shew of ambitious working the Citiezens and Townsmen to nominate and elect theÌ„ Moreover as these Noble persons these sage graue learned and christian Gentlemen quietlie and in all peaceable manner with vpright and good affectioÌ„ and iudgement without ambitioÌ„ haue bene chosen by the Citizens Townsmen Borough-masters to the offices of Recordershippes So likewise manie sundrie honorable CouÌ„selors Honorable Counselors chosen high stewardes without ambitious working haue bene and as occasion is ministred are daily elected by Citizens Townsmen to be their high Stewards Sir FraÌ„cis Knolles an honorable Counsailour one whose faith was famous among the churches as well abroad as at home by the electioÌ„ of the Citizens of Oxford remayned vntill he died high Stewarde of the Citie of Oxford The right honorable Sir Francis Walsingam by the coÌ„mon Counsayle of Ipswich was made high Steward of the same Towne after whose decease the same coÌ„mon couÌ„sell by their electioÌ„ surrogated into the same place the right honorable the L. Hunsdon late L. Chamberlaine the right honorable Sir Christopher HattoÌ„ L. Chancelour of Englande by the Townsmen of CaÌ„bridg was chosen to be high steward for the town of CaÌ„bridge The right honorable the old Earle of Arundell after him the right honorable Earle of Lincolne and after his death the right honorable the Lord High Admirall of England now Earle of Notingham by the Borough-maisters of the Towne of Gildforde was elected to be high steward of the Towne of Gildeford Of all which honorable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason iust cause for the reverend Bb. to cary a more reverend estimation towards theÌ„ then to burthen them as ambitious persons to haue sought their places at the hands of men affected wanting right iudgment As for any other offices of credite dignitie charge and gouerment in the common weale now remayning in the choyse of the commons it may easilie be proved that the common people in sundrie places haue bent and opposed theÌ„ selues against ambitious persons who by sinister indirect meanes haue hunted for preferrement at their handes And what if it can not be gayne-said but that some publicke officers chosen by publicke applause of the people haue corruptly behaued themselues in their charges and haue not so equally and indifferently distributed iustice to all degrees as it became them yet this their misdemeanor can no more iustly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election then the hipocrisie or counterfeyt zeale of an euill man ordeyned by the Bishop to be a Minister can be imputed vnto his letters of orders or manner of ordination Besides if none bee able to proue that the choyse of the Knights Knights of the Shires other officers chosen by the people without trouble to the state of our Shires Coroners of the Counties Verderers of the Kings forrests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Iustices of peace at their quarter sessions that the choyse of our peti-Conestables third Boroughes Tything men Church wardens Wardens for the high wayes overseers for the poore side men such like remayning altogether in the free election of the sutors to courts leets and law dayes and of the inhabitants Parishioners of every Village Hamlet or Tything haue bene troublesome to the Lievetenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the Ordinaries of the Diocesses If I say there be not any one man able to bring foorth some few persons for many yeres passed by whom the Officers and Magistrates of the Queenes peace haue bene sued vnto and importuned for the pacification of any strife contention or debate of any busy head or ambitious person raysed among the people about the choise of any one of these Officers then I say it is meete and it importeth the Lords Bishops very deepely that for ever hereafter they bee silent and never any more vtter so vile a slander against so Noble a people as are the people of England viz. that vpon affection and want of right iudgment they will easily be led by ambitious persons to preferre vnworthy persons vnto all Offices of gayne or dignitie Or that
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
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
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
this nation Pag. 8. of Englande vpon light causes is more enclined to broile and trouble then any other And to speake the trueth as daily experience teacheth vs what feare of trouble No feare of trouble about the choyse of an ecclesiastical Officer is there likely any way to ensue by reason of dissentioÌ„ ambition among the people in the choyse of an ecclesiasticall Officer when most of the people shall rather shune and eschew then long or desire to beare any ecclesiasticall office The coÌ„mon people among whom I dwell vse oftentimes many delayes yea they procure what favour friendship they can not to be appointed to any the inferiour offices before specified And why do they so but because those offices be full of bodily care and trouble And is there then any Christian knowing how the whole soule minde and spirite of a man is altogether to be imployed in the dischardge of a spirituall function that will dissentiously and ambitiously seeke to be chosen an Elder The Admonitor telleth vs that men Pag. 79. by experience know that many parishes vpon some private respect do send their letters of earnest coÌ„mendation for verie vnfit and vnable persons insinuating thereby what an inconvenience might follow if Parishes had the whole direction and order to sound out who were fit and able persons But as this fancie was never yet by any of sound iudgment on our behalf so much as once thought much lesse insisted vpoÌ„ so may it please the reverend Bishops to bee advertized that the meanest and simplest Parishioner among a thousand can quicklie retort this reason against their Lo. viz. that no parishes by letters of commendacion can commend vnto any Bishop any person as an able and fit man vnto any particuler parish or speciall charge vnlesse the same or some other Bishop haue formerly ordeyned him and approved him to bee a fit and able person for every place And how then were it possible if the choyse of having one to be their Pastor were wholy in the hands of a parish that the same parish could choose any worse men any more ignorant and vnlearned men then their Ll. haue coÌ„mended vnto vs. For haue they not chosen sent coÌ„mended such vnto vs as know not a bee from a batle doore as vneth knowe to read English and as knowe not the Lordes prayer from the Articles of faith Of which sort of Ministers Ministers sent vnto the people which know not a b. froÌ„ a batle doore the Parson of Haskam now living a Chaplin in Winton-diocesse may be produced for a witnesse omni exceptione maior For thus much is to bee proved from the report of a good and religious Knight dwelling within that Diocesse that vpon a time in the presence at the instant request of the said Knight when a protestant Bishop of the same The person of Haskams aunswere to the Bishopp of Wincester Diocesse deceassed had demanded of the new Parson of Haskam which was the first Petition of the Lordes prayer the saide Parson after hee had a prety space paused and gased towardes heaven at length made this answere viz I beleeve in God the Father Almightie at which answere the Knight merelie smoyling I told you my Lorde quoth the Knight what a profound Clerke your Lordship should find this fellowe Well how vnclerkly and how vnprofoundly soever this Clercke then aunswered and albeit at that present he could not obteine the institution which hee came for to that benefice for the good Bishop hated such grosse ignorance yet this Clerke afterwardes by the corruption of the same Bishops Chancelour was instituted into the same benefice and to this day possesseth it quietly though he can hardlie read Englishe to the vnderstanding of his people I could haue enformed him also of many other such Clerkes resiant and beneficed in that Diocesse and namely of the Vicar of W who vpon an holy day in steed of preaching the Word Fables read in the church which hee could not or in reading of Homilies w h he would not to terrifie his Parishioners with the iudgments of God to moue them vnto repentance solemly reade and published a contrefaict fable out of a litle Pamphlet intituled Strange newes out of Calabria preteÌ„ded to be prognosticated by M. Iohn Dâ—leta Of these of a nuÌ„ber of such able skilful Clerks Chaplins my Lords of the Clergie may be enformed And therefore on the behoof and in the defence If the people had choyse of their Pastors they would provide better then the Bishopps send them of the coÌ„mon people of England I am to testifie and to protest vnto their Lordships that by the mercifulnes and goodnes of our God we are not yet become so ignorant rude barbarous as that wee would admit such maner of Clerkes Chaplins to haue the cure of our soules in case it laide in our power to chuse and refuse out owne Pastours No no our soules and the soules of our wives children and families should bee more deare and more precious in our eyes then that carelesly wee would hazard all our birthrights vpon the skill habilitie of such a messe of hirelings and idoll-sheapheards And surelie me thinks it standeth greatlie with the charitie of our Lorde Bishops to conceave the commons to haue so much naturall vnderstanding as not to choose a cobbler when they want a carpenter nor to reteine a loyterer in lieu of a labourer nor to hire a sleeper in steed of a watchman But alas be it that the poore coÌ„mons of Englande were thus wretched Though the coÌ„mon people bee not able to discerne of Pastours yet the Nobles are able and thus bewitched yea be it that they were thus desperate and besides themselues should therfore the Nobles and Peres of the Realme be as prophane as impious and as heathenish as they Are the great men also vnworthy vnable vnfitt to discerne betweene night and day betweene light and darkenes Can they also put no difference betweene good and evill betweene a blind guide and him that hath his eye-sight or haue they no better stomach then to cast vpp Methridat and to digest hemlocke will they also chuse them Capteines from among Corvysers and will they call sheepheards from among swineheards or will they take them Pastours from among Pedlers or will my Lords of the Clergie charge them to bee those ambitious persons to worke the Commons for their private respect to the choyse of vnworthie men or will they being them selues vnder his Maiestie the worthies of the land and chiefe guydes and leaders of men in peace in warre vpon earth chuse the scumme the refuse the baggage of the lande to guide their owne soules to hell For to heaven by the labour and industrie of such idoll ministers as whose lippes preserve no knowledge they can never be brought A great part of the coÌ„mon people saith he are backwardlie affected towardes
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
the time prefixed hee should nominate at one time two Clerks to bee taken out of the Vniversities or other Schooles and Nurseries or of the Prophets that the same nomination be made vnto the Bishop and the said six Ministers to the ende that both the Clerkes being tried and examined by them the abler of the twoo might bee preferred to that charge And of this maner of presenting two Clerkes by the Patrone we haue a president not much vnlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to haue a Suffragane hath libertie to name and present vnto the Kinge two honest and discrete spirituall persons c. that the King may giue to one such of the saide two spirituall persons as shall please his Maiestie the tytle name stile and dignitie of a Suffragane Fourthly the Bb. and Presbiters hauing thus vpon triall and examination A minister found able for gifts is to be sent to the parish that his life may be examined and to haue the cōsent of the people founde one of the Patrones Clercks to be a fitt and able man to take vpon him the execution of the ministery in that Church whether it were not then meet convenient that by them hee should forthwith bee sent to the same Church aswell to acquaint the people with their iudgement and approbation of his gifts and abilitie to teach as also that for a time he should cōuerse abide amōgst them to the end his life manners and behauiour might bee seene into enquired after by their careful indeuours Fiftlie the people within a time to be perfixed not making and prouing before the Magistrate any iust exception against his life manners and conversations whether it were not then meete and conuenient that the Bishop with six other Ministers or moe of the same Deanrie authorized by the Kinge as aforesaid A man allowed for giftes and cōuersation is to bee ordeined with prayer fasting laying on of hands vnder some payne and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of handes to ordeyne and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these thinges being thus finished whether it were not then meete A Minister to be inducted into the Church by the Kinges writt convenient that the Bishoppes with the other Ministers and some of the chief of the people should giue the partie ordeyned a testimoniall vnder their handes or vnder some authenticall seale to certifie the Kings officer of the execution of his writt and that the Patron also should present the same person to the Kings officer humbly praying the same officer by authoritie to be derived from the King to cause him by some other writt to bee confirmed and really inducted into the possession of the same Church and into the mansion-house glebe-land and other profites Ecclesiasticall to the same apperteyning Oh! but this were a strange kinde of innovation and a dangerous attempt to To execute the premises no daungerous attēpt alter lawes setled especiallie in a setled estate of the Church Well well let my Lordes of the Clergie sing this song and pipe this melodie at their pleasure How be it for asmuch as this platforme in some parte thereof hath alreadie bene agreed vpon by divers Committees in Parleament in other some part thereof by lawes alreadie setled ought to haue bin practised and that in other some part thereof is an advancement of the Kings authoritie which last part also is lively pourtraicted out vnto vs by presidents from the Archbishop and Bishop them selues we shall through the grace of God and favour of the King be able well inough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made vnto the King Petition and intimatiō to the King agreable to laws setled that his H. would be pleased to cōmand every Minister to be presented by the patrone ordeyned by the Bb. Ministers and elected by the people and that the King being certified by them of the execution of his writt should vpon their testimoniall by another publike writt cause the Clerke ordeyned to be confirmed admitted and inducted to the real possession of the temporalities of the benefice This manner I say of intimation petition testimoniall admittance in substance and effect differeth but little from the forme of the petition nomination 25. H. 8. c. election investiture confirmation and consecration of the Arch-Bb and Bb. of this Realme For when soever the Church of Canterburie Winton or other Bishoppes sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same sea intimate vnto the King their want of a B. doth not the same Dean and Chapiter humbly supplicate his Maiesties favour and licence to elect an other And doth not the King vpon their supplicatiō by letters patents vnder his great Seale favourably grant their petition willing them vt talem eligant in Episcopum Pastorem qui Deo devotus Ecclesiae suae necessarius nobisque regno nostro vtilis fidelis existat And with the same letters patentes doth not the King sende a letter missiue conteyning the name and commendation of the person to bee elected After the election finished doth not the Deane and Chapiter intimat the same also vnto the King and humbly agayne pray the King to yeeld his Royall assent to the lord elected Wherevppon doth not the King againe direct his letters patentes of warrant to the Archb. or some other whō the King shall appoint to performe all things whiche accustomably are to bee done apperteyning to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and cōfirmation being finished and the Bb. hauing done his homage sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore vnto him the temporalities of the same Bishopricke Yea and may not the Bishoppe also if it please him procure another writt out of the Chancery directed to his tenantes commaunding them to atturne and to take him for their Lord Now thē in this platform wherof mentiō hath bin made touching the placing of a parochiall Pastour any parochiall church with cure of soules being voyd when it is craved that the people of the same parish might intimate their want vnto the Kings officer and that the same officer might command the Patron to present the Ministers to ordeyn and the people according to the Kings lawes to assent vnto and approve the Clerk what other intent or meaning haue wee then that the King hath as ample and as lawfull The Kinge hath as large a power to command a Minister to be elected ordeined as a Bishop to be chosen consecrated a power to
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
declared vnto vs the same some learned men hauing no warrant out of the holy booke of God for such their learning For if the declaration of some learned men of this age in their workes set forth to the world may be a sufficiēt warrant to drawe men from the way of trueth then hardly let the declaration of Doctor Harding against the true vse of the Lords supper and then let the declaration of Osorius against Iustification by faith and the declarations of Bellarmine against divers articles of our religion and the declaration of Doctor Allen against the execution of iustice in England the declaratiō of Doctor Saunders a rebellious fugitiue in the defence of the Popes Bull and the declaration of G. T. for the pretended catholickes and lastly let the declaration of the Pope and his whole clergy excōmunicating our late Soveraigne lady the Queene deceased be receyved and listened vnto For who can deny but that these men were some men and that these some men were also some learned men and who then seeth not the loosenes the vanity the trifling and the toying of this argument The argument following which the Admonitor would seeme to lett passe Pag. 81. drawne from experience is of like quality For though experience as he saith reach that men of stubbernes will not shunne the company of such as bee excommunicated though such men of stubbernesse must be also as hee saith excommunicated for keeping of company with them yet to affirme that by meanes of Pastourly Elderly excommunication moe will be excommunicated By excommunication of Pastours and Elders moe can not be out of cōmunion thē in communion as being men of stubbernes then in communion is a very grosse and palpable errour For we hold as the truth is that the greater part of the Church can not be excommunicated by the lesser nor that many should be excōmunicated by a few nor that a few should be excōmunicated by one of the Church And if the common vnion must necessarily consist of all or of the most part of the faithfull then is the lesser part alwayes out of this common vnion For what else is excommunicatiō but extra communionem eiectio a casting foorth of one or of moe persons from the common fellowship society and company of the faithfull The greatest part wherof and not the least are accompted to be the church and to be in communion vnlesse then the whole church or the greater part of the Church having once cast out from among them one or moe adulterers blasphemers extortioners or such like and hauing also excommunicated men of stubbernes for keeping company with such shall them selues all or the greatest part become children of disobedience men of stubbernes it can not bee but there must be still moe of the church in communion then out of communion But if the whole Church shall haue cast away the yoke of Discipline and become such them selues as were those whō before they had excommunicated then is it a clear case that there is not any more any communion among them For how should any common vnion bee there where is no vniō at all And if all be departed from obedience where then can the Church be Nay further if the greatest part of the Church should revolt forsake the faith yet herevpon it would not follow that moe of the faithfull be out of communion then in communion For then such onely as remayne in the vnitie of faith and haue not separated themselues frō Christ remayne now only to be in communion with Christ out of which number also if any should bee excommunicated by the residue of their brethren yet even amonge this small number there would be still moe in communion then out of communion For to be out of communiō can not be vnderstood to be of any but only of such as remayning in the profession of faith and godlines are yet notwithstanding foūd guiltie of some transgression and for the same by the Church for a time cutt of from the Church by sentence of excommunication These deformities and inconveniences therefore can in no wise follow that Discipline of excommunication by Pastoures and Elders whiche so much is called for But certes it fared I feare me with the Admonitor and sundrie of his colleagues in this case none otherwise then it fareth with incontinent women once say they incontinent and ever incontinent wee knowe it by our selues Our ecclesiasticall Iudges and Officers in like maner seeing by experiēce those whom they accompt to be men of stubbernes not to shunne the companie of such as they daylie excommunicate yea and they perceyuinge also that it may fall out that moe vnder their Iurisdiction By the Bb. excommunication moe may bee 〈◊〉 of communion then in communiō it is therfore by his owne reason a deformed discipline may bee out of their communion then in communion with them because one man alone as hee playnelie insinuateth may excommunicate the greatest parte of the Church vnder his censure for otherwise hee could never haue supposed that moe would bee out of communion then in communion because I say these deformities these inconveniences by their owne experience haue bene found to haue followed vpon that discipline of excōmunication which hetherto hath bene practised It falleth out that they can not otherwise iudge but that all other maner of discipline by excommunication must be of the same nature condition that is as deformed and incōvenient as their own is And yet in this place it is worthy to bee marked what a rod the Admonitor hath gotten out of S. Augustine to By S. Augustines reason Bishopply excommunication hath many deformities whip his owne discipline by excommunicatiō only out of the church and thus it may be framed That discipline whereby moe will be or moe may bee excommunicated then in communion hath in it many deformities and inconveniences But by the Discipline of excommunication which the reverend Bishopps their Archdeacons Chauncelors Commissaries and Officials practise moe will bee or moe may bee excommunicated then in communion Therefore that Discipline by excommunication which the reverend Bishopps their Archdeacons c. practise hath in it many deformities and inconveniences The Maior proposition if hee speake truely is St. Augustines but whether it be or be not it is no great matter because it needeth not the authoritie of any man to confirme it the same being sound and true in it owne nature The minor is drawen from his owne reason thus Where there be moe men of stubbernes in the church then of obedience where there bee moe men that shunne not then that shunne the company of those that bee excommunicated there moe will bee or may bee excommunicated then in communion But there be moe men of stubbernes then of obedience and moe that shunne not then that doe shunne the company of those that be excommunicated by the Reverend Bishopps their
by the scriptures it can not bee prooved that there be two seuerall distinct formes of ordinations the one called consecration proper to a Lord Bishoppe for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the word and Sacraments Wherevnto lastlie If the Lord Bishop haue power to minister discipline by diuine right thē no more can he commit that his power to another thē he can commit the power which hee hath of preaching to another may be added another maine reason that Episcopall power in Englande to minister the discipline can not therfore be of divine institution because if it were of divine institution the Bishoppe could no more surrogate the same his episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name then he can depute them or any of them to minister the doctrine Sacramentes in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishoppe For the profe hereof we shall not need to search any other authenticall record then the precept and the practise before intreated of For it is not saide in the precept That the Presbyter being armed with authoritie from Christ but it is sayde that the Presbyter being armed with authoritie from the Bishoppe or Archdeacon shall denounce the sentence of excommunication the practise also of Doctor Hone every way confirmeth as much For therein Doctor Hone doeth not chalēge to be an officer vnto Christ but he sayeth that he is the officiall of the venerable Archdeacō of Surrey and that Maister Rowland Allen Presbyter by vertu of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet nevertheles he is a mediate officer deputed to his office by an immediate officer vnto Christ vix the Lord Bishoppe or Archdeacon then we replie and say First that the Lord Bishoppe Archdeacon bee neither immediate or mediate officers appointed by Christ to be Ministers of his discipline Secondlie if they were immediate officers from Christ that yet they haue no authoritie by the law of Christ to transferre their right or any part thereof to an other person or to depute an other person in their name or by their authoritie to excommunicate As for these words viz In Dei nomine amen nos Iohānes Hone or nos Roulandus Allen c. sometimes vsed in their scedule of excommunication it is but a prophaning of the holie name of God whereby they make them selues guiltie of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishoppes humane episcopall power yea or no. But now on the other side because no divine censure can lawfullie be executed in the church by that authoritie which is of humane institution if it be aunswered that the Bishop by reason of his pastorall Whether the L. Bishopp by pastorall authoritie may excommunicate a Pastor power which hee is saide to haue over all the Pastours and people of his Diocesse may lawfullie not onlie minister the worde and Sacraments but also the Discipline of Christ vnto them all then it followeth that by a Pastourall power one Pastour may be a Pastour of Pastors which is against the Scriptures and contrarie to the brotherly fellow-like authoritie which is common to all Pastours vnder the sunne and betwene whom touching their Pastourall functions there is to this day by the Scriptures as litle superioritie and as great a paritie as ever there was betwene Apostles and Apostles betwene Prophets and Prophets or betwene Evangelistes and Evāgelistes and as at this day there is betwene Bishops Bishops betwene Archbishops and Archbishops or betwene Patriarckes and Patriarckes yea and as is betweene Earles and Earles Dukes and Dukes Kinges and Kinges Emperours Emperours For no greater superioritie or preheminence hath any one Pastor over the person or function of an other Pastour touching the administratiō of any thing properly belōging Pastoures ouer small flockes are as truely pastors as Pastors ouer great flocks to either of their pastoral functions thē hath one Emperor over the person or function of an other Emperor or one King over the person or functiō of an other King or one Lord Bishop over the person or function of an other Lord Bishop or one Archbishop over the person or functiō of an other Archbishop or then had one Apostle over the person As great paritie betwene Pastors Pastors as between Apostles Apostles or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over another arme or one foot over another foote And therefore if touching the functions which Pastors either among them selues haue in common one with the other or which they haue over their flockes there be no disparitie but that the Pastors to whom small flockes are committed doe as reallie and as truelie participate of the nature of true Pastors as those great Pastours doe vpon whose great shoulders great burdens are imposed it behoveth great Pastors to prove vnto vs by the holie Scriptures that by the institution of their great pastorall functions they haue their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the litle Pastours haue their power by the institution of their petie pastorall offices so streightned as whereby they may onlie preach the Word and administer the Sacramentes but not excommunicate it behooveth I say great Pastors to be able sufficiently to shew vnto vs these thinges out of the holy Scriptures or els it seemeth to stande with reason and equitie deduced from the same Scriptures that a Pastor over a few should haue like power to teach and to governe a few as a great Pastor over manie hath to instruct and to rule many Marie if they think that only great Pastors be true Pastors that great powers spirituall be only true powers spirituall then let them also conclude that onely great Knights be true Knights that only great Dukes bee true Dukes that onely great Kings be true Kings and that only great principalities temporall bee true principalities temporall Which conclusion Not onelie Kinges of great kingdomes but also Kinges of small kingdomes bee true kings if they shall iudge to be conclusionles because King Rehoboam had as large a patent to feede and to command two Tribes as King Solomon his Father had to command and to feede twelue or as the Archbishop of Yorke may suppose him self to haue over nine or tenne Counties as the