immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
against us that we which urge 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 any one of the three estates But which of the three estates was it that he meant should bee left out I trow there is none of the state of prelacie so ill advised as to take upon him the proof of this position viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament by themselves alone doe make one of the three estates or that the statutes of England to this day have stood by their authorities as by the authoritie of those who alone by themselvs are to be accompted one of the three estates For if that were so how much more then might the great Peeres Nobles and temporall Lords challenge to make by themselvs an other estate And without contradiction to this day the commons summoned by the kings writ have ever been reckoned a third estate Now then if statutes have hitherto stood by authoritie of the Lords spirituall as of the first estate by the authoritie of the Lords temporall as of the second estate and by authoritie of the commons as of the third estate I would gladly be resolved what accompt the Admonitor made of the Kings estate It had not beene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spiritualls dutie and fidelitie in the execution of our late Queenes lawes to have set her Royall person authoritie and state behind the lobbie at the Parliament doore Either the kings Royall person then as not comprised within the compasse and circumcription of the three estates by his meaning which had beene but a very bad meaning must be thought to have beene hitherto secluded from authorizing the statute lawes made in Parliament Or els it is a most cleare case that the Lords spirituall themselves alone do not make any one of the three estates And what matter then of more weight may it happily seeme to be to alter the authoritie of the Lords spirituall and to leave them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine and 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 ever hath beene a perfect entire and complete bodie and State without the bodie and state of Prelacie and that the King and Nobles and Commons of the Realme without Prelates Bishops or Clerkes doe make up all the members and parts of the bodie and of the state and may therefore ordaine promulg and execute all manner of lawes without any consent Anno 36. h. 8. fo 51. h Anno m. j. fo 93. â— approbation or authoritie yeelded unto the same by the Bishops spirituall or any of the Clergie And thus much our Divines Histories and Lawes do justifie Sir Iames Dier Lord chiefe Justice of the Common pleas in his reports telleth us that the state and bodie of a Parliament in England consisteth first of the King as of the head and chiefe part of the bodie secondly of the Lords as principall members and lastly of the Commons as inferiour members of that bodie By a statute of provisoes it appeareth That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King England was founded into the state of prelacie within the Realm of England by the grand father of King Edward the third and his progenitors and the Earles Barons and other Nobles of the Realme and their Ancestors for them to informe the people of the law of God and to make hospitalities and almes and other workes of charitie in These uses are changed to the keeping of great horses great troopes of idlers wiâ—h long haire and great chaines of gold 6 Eliz. c. 1. The King bound to do lawes made without assent of prelates to bee kept as lawes of the realmes the places where the Churches were founded From whence it followeth First that the Archbishops and Bishops only and alone doe not make of themselves any state of prelacie but that the whole holy Church of England was founded into a state of Prelacie Secondly it is plaine that the Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy Church of England into a state of Prelacie ought and were bounden by the accord of their people in their Parliaments to reforme and correct whatsoever was offencive to the lawes and rights of the crowne and to make remedie and law in avoiding the mischiefes dammages oppressions and grievances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to bee kept as lawes of the Realm though that thorough sufferance and negligence any thing should at any time be attempted to the contrary For whereas before the statute of Caerlile the Bishop of Rome had usurped the Seignories of such possessions and benefices as whereof the Kings of the Realme Earles Barons and other Nobles as Lords and Avowes ought to have the custodie presentments and collations King Edward the first by assent of the Earles Barons and other Nobles and of all the communaltie at their instances and requests und without mention of any assent of the state of prelacie in the said Parliament holden at Caerlile ordained that the oppressions grievances and dammage sustained by the Bishop of Romes usurpation should not from thenceforth be suffered in any manner And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile did afterward in the time of King Edward the third daily abound to greater dammage and destruction of the Realm more than ever before and that by procurement of Clerks and purchasers of grace from Rome 31 Ed. 5 sta of â—â—ering the said King Edward the third by assent and accord of all the great men and commons of this Realme and without mention of any assent of Prelates or Lords spirituall having regard of the said Act of Caerlile and to the causes conteyned in the same to the honour of God and profit of the Church of England and of all this Realme ordained and established that the free elections of Archbishops Bishops and all other dignities and benefices elective in England should hould from thenceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords And in divers other statutes made by King Edward the third it is said that our soveraigne Lord the King by the assent of the great men and all the Commons hath ordained remedie c. That it was accorded by our Soveraigne Lord the King the great men and all the commons 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours
bishops and societie against the right and freedome of the law of God against the principles of humane fellowships against that which was in the begining 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 henceforth barre and seclude the Kings Christian and faithfull people from giving their consents unto their pastours Yea and we further beseech their Lordships that are schollers unto the Apostles and as servants unto the old 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 longer persist in a cursed and quarrelling way which is the new way and the worst way But if the Lords spirituall of their own accord shal not readily vouclsafe to yeeld unto us this our right at our intreatie then for my part I will briefly shew mine opinion what were expedient for the A supplieation to the king by the Lords and commons for the restitution of their right in the choice of their pastors Lords and commons in open parliament dutifully to pray and to supplicate at the Kings Majesties hand Namely At the humble petitions and supplications of all his Lords temporall and commons in Parliament assembled his majestie would bee well pleased to give his Royall assent to an act to be intituled An act for the restitution of the ancient right and freedome which the people of God in the old Churches had and which the people of England ought to have in to or about the election of their Pastours and abolishing all papal power repugnant to the same For if as it is plainly confessed the people of all Churches have 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 fellowships 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 have beene taken away by the cursings and fightings of the late Bishops of Rome then cannot the people without violation of those lawes rules and grounds by any Episcopall power be any more excluded from their said right and freedome than could or might the ancient jurisdiction of the Crowne of England have beene still usurped by the pope from the Kings of England ADMONITION But alas the common people of England thorough affection and want of right judgement are more easily wrought by ambitious persons to give their consâ—nt to unworthy men as may appeare in all those officâ—s of gaine or dignitie that at this day remaine in the choise of the multitude ASSERTION The Admonitor in one place of his admonition telleth us that he must not put all that he thinketh in writing and yet he writeth in this place that thing which might far better have been utterly unthought than once written for could he thinke to win the common people of England to a continuall good liking of high and stately prelacie by upbraiding and charging them to their faces in a book dedicated unto them with affection and wanting of right judgement Was this the way to procure grace favour and benevolence at their hands And albeit this slander deserved rather to have beene censured by the Commons in Parliament than by confutation to have beene answered yet for the better clearing of the right judgement of the common people giving their consents to most worthy men in all offices of gaine or dignitie remaining in their hands I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincoln Bristow Exceter Norwich Coventry and other principall Cities and townes corporate Majors Sheriffes Stewards Recorders Bailiffes Chamberlains Bridge-masters Clerkes Swordbearers Knights Burgesses and such like offices some of dignitie some of gaine but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is utterly untrue for onely according to their ancient customes priviledges and Charters by the chief Citizens Townsmen and Borough-masters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Major In other Cities and Townes sometimes eight and forty sometimes fourteene sometimes twelve sometimes only such as have borne office as Majors Sheriffes and Bailiffs in the same places nominate and elect their new Major Sheriffs and Bailiffes But that the Aldermen principall Towns-men Borough-masters and men having born chief offices in those cities towns and boroughs have easily been wrought by ambitious persons to give their consents unto unworthy men though it have pleased the Ll. Bb. with seene and allowed to have spred and published this saying yet that the same saying is wholly unworthy of any credit to bee given unto it or to bee regarded of any wise and indifferent man let the sober and peaceable elections made of the worthies of the land hereafter mentioned be witnesses The officers in Cities and townes corporate chosen with out contention and ambitious working of unworthy men And to leave to speake of the election of the Lord Major of the Citie of London Sheriffs Aldermen Wardens of companies Chamberlains bridge-masters and other annuall officers of honour and dignitie let us consider whether the Citizens of London have beene wrought by ambitious persons to choose M. Wilbraham M. Onslie M. Bromley to be their Recorders â—ll three afterward the Queenes solicitors and M. Bromly Lord Chancellor of England and let us consider whether the same Citizens as men of affection and want of right judgement did elect to be Recorders of the same Citie M. Serjeant Fleetwood Master Serjeant Flemming Master Serjeant Drue and how Master Crooke a man wise learned and religious and a Counseller and justicer within the principâ—litie of Wales The Recorder of the towne of Bedford is the right honourable the Lord S. Iohns of Bletsoe The Recorder of Bristoll was a long time Master Poppam now Lord chief Justice of England The Recorder of Northampton before he came to be Judge in the Kings bench was Master Serjeant Yelverton a favouter of the truth and an upright Justicer The Recorder of Warnick was Master Serjeant Puckering afterward Lord keeper of the great seale And of the same towne the Recorder now is a worthy Knight descended from a noble house Sir Foulke Grevile The Recorder of Coventrie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was M. Serjeant Lewkner now chiefe Justice in the principalitâ—e of Wales The Recorder of Norwich was Master Cooke the Kings Atturney generall And who soever shall enquire after the names and after the manner of election
then meet and convenient that the Bishops with the other Ministers and some of the chiefe of the people should give the partie ordained a testimoniall under their hands or under 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 be confirmed and really inducted into the possession of the same Church and into the Mansion-house glebe-land and other profits Ecclesiasticall to the same appertaining Oh! but this were a strange kinde of innovation and a dangerous To execute the premisses no dangerous atâ—eÌ„pt attempt to alter lawes setled especially in a setled estate of the Church Well well let my Lords of the Clergie sing this song and pipe this melodie at their pleasure How be it forasmuch as this platforme in some part thereof hath already been agreed upon by divers CoÌ„mittees in Parliament in other some part thereof by laws already setled ought to have been practised and that in other some part therof is an advancemeÌ„t of the Kings authoritie which last part also is lively pourtracted out unto us by presidents from the Archb. B. themselves we shall through the grace of God and favor of the King be able well enough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made unto the King that his Highnes would Petition and intimatioÌ„â—o the King agreeable to lawes setled be pleased to command every Minister to be presented by the Patrone ordained by the Bishop and Ministers and elected by the people and that the King being certified by them of the execution of his writt should upon their Testimoniall by another publike writt cause the Clerke ordained to be confirmed admitted and inducted to the reall possession of the temporalities of the benifice This manner I say of intimation petition testimoniall and admittance in substance and effect differeth but little from the forme of the petition â—â— H. 8. c. nomination election investiture confirmation and consecration of the Archbishops and Bishops of this Realme For whensoever the Church of Canterburie Winton or other Bishops Sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same Sea intimate unto the King their want of a Bishop and doth not the same Deane and Chapiter humbly supplicate his Majesties favour and licence to elect another and doth not the King upon their supplication by Letters Patents under his great Seale favourably grant their petition willing them ut talem eligant in Episcopum Pastorem qui Deo devotus Ecclesia suae necessarius nobisque regno nostro utilis fidelis existat And with the same Letters Patents doth not the King send a letter missive containing the name and commendation of the person to be elected After the election finished doth not the Deane and Chapiter intimate the same also unto the King and humbly againe pray the King to yeeld his Royall assent to the Lord elected Whereupon doth not the King againe direct his Letters Patents of warrant to the Archbishop or some other whom the King shall appoint to performe all things which accustomably are to be done appertaining to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and confirmation being finished and the Bishop having done his homage and sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore unto him the temporalities of the same Bishopricke Yea and may not the Bishop also if it please him procure another writt out of the Chancery directed to his Tenants commanding them to atturne and to take him for their Lord Now then in this platforme whereof mention hath been made touching the placing of a Parochiall Pastor any Parochiall Church with cure of soules being void when it is craved that the people of the same parish might intimate their want unto the Kings officer and that the same officer might command the Patron to present the Ministers to ordaine and the people according to the Kings lawes to assent unto and approve the Clerk what other intent or meaning have wee then that the King hath as ample and as lawfull a power The King hath as large a power to command a Minister to be elected and ordained as a Bishop to be chosen and consecrated to command a Minister to be presented ordained and elected to be a Pastor in a parochiall Church as he hath to command a Bishop to be elected confirmed and consecrated to an Episcopall sea And are we not then merveilously giddy-headed 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 admit the Patrones Clerke in and to the temporalities of a Benefice what other thing is required but that the possession of no Church should be delivered unto any Minister without the Kings publike writt And would not this breed a perillous sturre garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arke should give place bow downe and doe reverence unto the Kings of England seale at armes The Prophets ought to be tried by the prophets Oh! but in this platforme there be other dangerous innovations and alterations not to be attempted Yea And what then be they The Admonitor himselfe in his admonition holdeth Yea Master Bilson and all other supporters of the Hierarchie defended That the Clergie ought to judge of the Clergie and that the Prophets ought to be tryed examined ordained only by the Prophets and that the â—piâ—its of the Prophets are subject to the spirits of the Prophets Wherein the coÌ„sisteth the disagreemeÌ„t variance between us them touching the ordination of a Prophet by Prophets or a Minister by Ministers certes to my understaÌ„ding there is no other matter of dissonancie in this case but even alonely this viz. That he by these words the Spirits of the Prophets are subject to the Prophets intendeth Corinth that the Spirits of many Prophets touching their triall examination and ordination are subject to the spirit of one Prophet and that therefore one Prophet by his owne spirit may trie examine and ordaine many Prophets Whereas on the other side we affirme that one Prophet according to this rule of our holy faith Whether the spirits of many Prophets subject to one or of one â—o many is to speake and the other Prophets are to judge and that no one Prophet may tâ—ie examine or ordaine many Prophets Because from this place we gather that the spirits of many Prophets in the ordinary course of the ministerie of the Word were never subjected in this case to the
that the King chiefly desiring to sustaine the people in tranquillitie and peace and to governe according to the lawes usages and franchises of his land by the assent and expresse will and accord of the Dukes Earles Barons and the Commons of his Realme and of all other whome these things touched ordained that all they c. By which desire of the King and words of the Act wee learne that our soveraigne Lord King Iames may sustaine his people The king with the assent of the nobles and commous may repeale statutes without consent of prelates 25 Ed 3. in tranquillitie and peace and governe according to the lawes usages and franchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of any statute in Parliament Nay such hath beene and yet is the power of the King that with the assent and accord of the Nobles and Commons he hath authoritie to adnull and make voide even those Acts which in favour of Prelacie and assent of Prelates have beene enacted in Parliament As by an Act made in the time of King Edward the third is plainly to be seene For whereas the King by assent of the Prelates Earles c had willed and granted for him and for his heires certaine articles firmly to be kept and holden for ever namely that the Ministers of holy Church for money taken for redemption of corporall penance nor for proofe and accompt of Testaments nor for solemnitie of Mariage c. should not be impeached c. before the Kings Justices neverthelesse the same king in the same yeare with assent of the Earls Barons and other wise men of the Realme and without assent of Prelates revoked and adnulied the same articles againe Again king Richard the second hearing the complaints of his faithfull leige people and by their clamour in divers parliaments of divers abuses crept in against the solemne and devout ordinations of Churches c at the request and complaint of the commons by the advice 3 R. 2 c. 3. 7 R. 2 c. 12. and commonassent of the Lords temporall without mention of any Lords spiritual is said to have ordained That none of the kings liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of the same kings raign it is especially provided that the appeals pursuits c. made and given in the same parliament be approved affirmed and established as a thing Act. Mo. R. 2. duely made for the weale and profit of the king and of all the realm notwithstanding that the Lords spirituall and their procurators did by protestation absent them out of the Parliament at the time of the said judgement given And the like protestation being made by the Prelates and Clergie at a Parliament holden the third yeare of the same king it was replyed for the king that neither for their said protesttation The king bound by his oath to do his laws to be made though prelates protest against him or other words in that behalfe the king would not stay to grant to his Justices in that case and all other cases as was used 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 Sun shining at noon day that the Lords spirituall be so farre from making any one of the three Estates as that if it please the king they may not bee 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 number than the Lords temporall had beene but such principall members of the high estate of Parliament as without whom neither law could The Lords spiritual no principall members of the parliaâ—ent otherwise than as the King pleaseth have beene made Monasterie nor Priorie might have beene dissolved what could the king have done as head and the Commons have done as feet and the Nobles have done as the heart the Liver and the Longs to the dislording and discloystering of the Abbots and Priors the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their hands and with their hornes had heaved and shoved and pushed and thrusted to the contrary But to come nearer unto our owne times and remembrances if it cannot be proved that above one Lord spirituall was present in parliament and gave any assent to the enacting of statutes made in the first yeare of the Queenes Majesties raigne deceased but that it bee a No Lords spirituall present in parliament 1 Eâ— cleare case that the ancient jurisdiction preeminences rights and priviledges of the kings Crowne were restored that poperie and superstition was banished and the doctrine of the holy Gospell harboured only by the Queene the Lords temporall and commons what more plaine evidence or better prooâ—e can there be that the Lords spirituall by any necessitie be neither principalls nor accessaries neither branches nor buds nor any essentiall member of the house of Parliament And of this opinion are the soundest Historians and sincerest Divines of our age In the fifteenth yeare of King Edward the third saith Master Fox divers petitions being put up in Parliament against provisions comming Act. Mâ— fol. 320. from Rome the Kings answer and agreement was made in form following viz. It is agreed by the Kings Earles Barons Justices and other wise men of the Realme That the petitions aforesaid bee made in sufficient forme of law Where it is to be noted saith hee that at the grant hereof the consent of the Bishops is neither named nor expressed with the Lords of Parliament and yet the Parliament standeth in his full force notwithstanding At an other Parliament Act. Mo. 525. saith he William Wicham Bishop of Winchester for a slanderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falshood was so by the Duke of Lancaster pursued that by act of Parliament he was condemned and deprived of all his temporall goods And this seemeth to have beene done saith Master Fox without assent and against the wills of the Lords spirituall for afterward at an other Parliament great suite was made by the Clergie for deliverance of the said Bishop and being asked a subsidie in the Kings behalfe with great lamentation they complained for lacke of their fellow and brother of Winchester and denyed to joyne themselves in any tractation of any such matter And in another Parliament holden at Yorke in the sixth yeare of King Edward the third all such Act. Mo. 519. lawes as then passed and were concluded by the King Barons and Commons were good notwithstanding the absence or malice of the Lords Spirituall For it is recorded saith he that onely the Archbishop of Yorke the Bishop of Lincolne and the Abbots
Seniour or Deacon Therefore much lesse shall every Parish be burdened to find a company of Seniours c Where the Admonitor complaineth that many parishes are not Tolerable and intolerable Ministers able to finde one tolerable Minister we would gladly learne by what brand tolerable Ministers are knowne from intolerable Ministers according as the Lords spirituall judge or judge not of tolerable and untolerable Ministers For if all reading Ministers as needes with them they must bee or else why doe they tolerate them bee tolerable Ministers what a vaine and idle distinction hath hee coyned touching the scarcitie of maintenance for tolerable Ministers Considering all Ministers by intendment of law bee able to reade and considering also a very small maintenance is esteemed to bee a tolerable maintenance for reading Ministers For else why doe the great Bishops in their great Churches of Commendams and the rich Doctors in their rich Churches of non residencies make so small allowances to their reading and stipendarie Curates And where then is that parish in England that is not able to maintaine a tolerable Minister ADMONITION The next Argument that the people might not choose their Pastours Pag. 78. Elders and Deacons as is required is drawne partly from a feare that the same will be a matter of schisme discord and dâ—ssenâ—ion in many places partly from affection and want of right judgement of the people partly from the unrulinesse of the Parishes and partly from the broyle and trouble which may follow ASSERTION Vnto this objection if I should answer nothing at all but only should The objection of feare c. answered deny that any feare or any other inconvenience at all pretended in this place is to be feared to ensue my simple negation were more to be tolerated than his simple affirmation for by the canon Law non inficienti sed ponenti incumbit onus probandi And yet because Doct. in â—si cui de prebâ—â—â— the Lord hath spoken unto Iosua and in him unto us all that wee should not feare nor be discouraged to observe and to doe all that is written in the law for then sâ—ith the Lord shalt thou make thy way prosperous and then shalt thou have good successe therefore in the word of the Lord I say that none of all this feare broyle trouble or turmoyle is to be feared at all Nay that it is most assuredly and without all doubt to be hoped and looked for that he would so blesse the attempt of putting this order in execution as that the peoples approbation and allowance of their Ministers should be a matter of all peace quietnesse unitie concord good successe and prosperitie to the whole Church of God in England For what an heathenish incredulitie were it for us to reply upon the erroneous conceit of a timorous and suspicious fancy that feare and I wot not what unrulinesse and unquietnesse shall follow when wee receiving the lawes of peace from the Prince of peace have his most stable truth that his peace shall rest upon us and that all feare and evill successe shall cease and vanish away No busie headed body therefore shall be able to leade any man away to disquiet either Church or common wealth otherwise than as the Church in all ages by the malice of Satan and his instruments hath evermore beene disquieted if once the holy law of the Gospell touching this point were observed and put in ure And if it be feared that the choice to be made by the people of God and which is allowed unto them by the holy laws of God would prove to be a matter of schisme discord and dissention how much more reason have we to feare that the fiâ—e of schisme discord and dissention being blowen already should not breake out and fame among us if still one man alone be suffered to thrust upon the people of God not tolerable Ministers according to Gods heart but intolerable Ministers according to mans tradition The Admonitor hath insinuated unto us often in his Admonition that it is dangerous to innovate And so I say too unlesse there be evident â—â—de constitu prim L. 2. utilitie of innovation For saith the Emperour in rebus novis constituendis evidens esse utilitas debet ut ab eo jure recedatur quod diu aequum visum est But is it not as perillous yea sometimes much more perillous not to innovate for proof whereof it shall suffice to take witnesse of our owne times and of our owne experiences It seemed equall a long time and for many yeares that the Sacrifice of the Masse with all the pelf and trumperie thereof should not once be Dangerous to innovate unlesse ther be evident utilitiâ— of innovation spoken against But we all know that the abandoning thereof hath not yet brought any perillous subversion upon any nation that purely and soundly in place thereof hath embraced the holy sacrament of the Lords Supper It seemeth also to be equall for many ages past that the Bishop of Rome might have supreme and absolute power over all persons states and causes not onely in Rome Italy Spaine Germany and other forraigne kingdomes but also in England and Scotland But as yet to the view of all the world it hath not proved perillous for the King and Queene of England and Scotland to establish new laws for the alteration of that ancient abuse And why hath it not been dangerous so to do Why forsooth because there was evident utility in doing of it But how could an evident utilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedome the power and the truth of God in his word discerned a far off that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning poperie out of the Realme did not institute any new religion but onely they restored the old Now then if a same holy law of God do condemn the choice and thrusting of the pastour upon the people by one man alone and again it the same Law doe impugne the primacie of one pastour over all Pastours as well in a Diocesse or Province as in the whole West part of Christendome what danger can it be not to disfranchise the one sithence without any manner of danger we have abolished the other or what perill can it be not to countenance the sonnes sithence without perill we have discountenanced the father Especially seeing in this place of the admonition wee have a plaine confession that the common manner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schism discord and contention did commonly appeare in the old Churches while that manner of election did continue then by his owne mouth Common manner of elections in the old churches was by the people that manner of election
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs 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 Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
of all the Recorders in all other Cities and Boroughs of the land I doubt not but he shall finde them all to have been farre from any least shew of ambitious working the Citizens and townsmen to nominate and elect them Moreover as these noble Persons these sage grave learned and christian Gentlemen quietly and in all peacable maner with upright and good affection and judgement and without ambition have beene chosen by the Citizens Townes-men and Boroughmasters to the office 〈◊〉 â—ecorderships So likewise many and sundry honourable Counsellorâ— have beene and as occasion is Honorable Counselors chosen high stewards without ambitious working ministred are daily elected by Citizens and Townesmen to be their high Stewards Sir Francis Knolles an honourable counsellor and one whose faith was famous among the Churches as well abroad as at home by the election of the citizens of Oxford remained untill he died high Steward of the Citie of Oxford The right honourable Sir Francis Walsingham by the common counsell of Ipswich was made high Steward of the same towne after whose decease the same common counsell by their election surrogated into the same place the right honourable the L. Hunsdon late L. Chamberlain The right honourable S. Christopher Hatton L. Chancelor of England by the townsmen of Cambridge was chosen to be high steward for the town of Camb. The right Ho. the old F. of Arundel and after him the right Ho. E. of Lincoln and after his death the right honourable the L. high Admirall of England now E. of Notingham by the boâ—oughmasters of the town of Gildford was elected to be high steward of the towne of Gildford Of all which honourable 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 and just cause for the reverend Bishops to carry a more reverend estimation towards them than to burden them as ambitious persons to have sought their places at the hands of men affected and wanting right judgement As for any other offices of credit dignitie charge and government in the common weal now remaining in the choise of the commons it may easily be proved that the common people in sundry places have bent and opposed themselves against ambitious persons who by sinister and indirect meanes have hunted for preferment at their hands And what if it cannot be gain-said but that some publike officers chosen by publike applause of the people have corruptly behaved themselves in their charges and have not so equally and indifferently distributed justice to all degrees as it became them yet this their misdemeanour can no more justly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election than the hypocrisie or counterfeit zeale of an evill man ordained by the bishop to be a Minister can be imputed unto his letters of orders or manner of ordination Besides if none be able Knights of the shires â—â— other officers chosen by the people without trouble to the state to prove that the choise of the Knights of our Shires Coroners of the Counties Verderers of the kings forests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Justices of peace at their quarter sessions that the choise of our peti-Constables third Boroughs Tythingmen Churchwardens wardens for the highwayes overseers for the poore side men and such like remaining altogether in the free elections of the suitors to courts Leets and lawdayes and of the inhabitants and Parishioners of every Village Hamlet or Tything have beene troublesome to the Lievtenants 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 forth some few persons for many yeares passed by whome the Officers and Magistrates of the Queens peace have been sued unto and importuned for the pacification of any strife contention or debate of any busie head or ambitious person raised among the people about the choise of any one of these Oficers then I say it is meet and it importeth the Lords Bishops very deeply that for ever hereafter they be silent and never any more utter so Pag. 8. vile a slander against so noble a people as are the people of England viz. that upon affection and want of right judgement they will easily be led by ambitious persons to preferre unworthy persons unâ—o all Offices of gaine or dignitie Or that this Nation of England upon light causes is more enclined to broyle and trouble than any other And to speake the truth as daily experience teacheth us what No feare of trouble about the choice of an ecclesiasticall Officer seare of trouble is there likely any way to ensue by reason of dissention and ambition among the people in the choise of an ecclesiasticall Officer when most of the people shall rather shun and eschew than long or desire to beare any ecclesiasticall office The common people among whom I dwell use oftentimes many delayes yea they procure what favour and friendship they can not to be appointed to any the inferiour Offices before specified And why doe they so but becauâ—e those offices be full of bodily care and trouble And is there then any Christian knowing how the whole soule mind and spirit of a man is altogether to be imployed in the discharge of a spirituall function that will dissentiously and ambitiously seeke to be chosen an Elder The admonitor telleth us that men by experience know that many parishes upon some private respect doe send their letters of earnest pag. 79 commendation for very unfit and unable 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 judgement on our behalfe so much as once thought much lesse insisted upon so may it please the reverend Bishops to be advertised that the meanest and simpliest parishioner among a thousand can quickly retort this reason against their Lo. viz. that no parishes by letters of commendation can commend unso any bishop any person as an able and fit man unto any particular parish or speciall charge unlesse the same or some other bishop have formerly ordained him and approved him to bee a fit and able person for every place And how then were it possible if the choice of having one to be their pastor were wholly in the hands of a parish that the same parish could choose any worse men any more ignorant and unlearned men than their Lords have commended unto us For have they not chosen sent and commended such unto us as know not a bee from a batle doore as uneth know to Ministers sent unto the people which know not a be from
a battle doors read English and as know not the Lords prayer from the articles of faith Of which sort of Ministers the Parson of Haskam now living a Chaplaine in Winton-diocesse may be produced for a witnesse omni exceptione major For thus much is to be proved from the report of a good and religious Knight dwelling within that diocesse that upon a time in the presence and at the instant request of the said Knight when a Protestant bishop of the same diocesse deceased had demanded of the new Parson of Haskam which was the first Petition of the Lords prayer the said Parson after hee had a prety space paused The parson of Haskams answer to the Bishop of Winchester and gased towards heaven at length made this answer viz. I believe in God the Father Almighty at which answer the Knight merily smileing I told you my Lord quoth the Knight what a profound Clerke your Lordship should finde this fellow Well how unclerkely and how unprofoundly soever this Clerke then answered and albeit at that present he could not obtaine the institution which he came for to that benefice for the good Bishop hated such grosse ignorance yet this Clerke afterwards by the corruption of the sâ—me Bishops Chancellour was instituted into the same benefice and to this day possesseth it quietly though he can hardly read English to the understanding of his people I could have enformed him also of many other such Clerks resiant and beneficed in that Diocesse and namely of the Vicar of W. who upon an holy day instead of preaching the word which he could not or in reading of Homilies Fables read in the Church which he would not to terrifie his Parishioners with the judgements of God and to move them unto repentance solemnly read and published a counterfeit fable out of a little Pamphlet intitulâ—d Strange newes out of Calabria pretended to bee prognosticated by M. Iohn Doleta Of these and of a number of such able and skilfull Clerks and Chaplains my Lords of the Clergie may be enformed â—f the people had choise of their pastors they would provide better than the bishops send them And therefore on the behoof and in the defence of the common people of England I am to testifie and to protest unto their Lordships that by the mercifulnesse and goodnesse of our God we are not yet become so ignorant rude and barbarous as that we would admit such manner of Clerkes and Chaplaines to have the cure of our soules in case it laid in our power to choose and refuse our owne Pastours No no our soules and the soules of our wives children and families should be more dear and more precious in our eyes than that carelesly we would hazzard all our birthrights upon the skill and abilitie of such a messe of hirelings and idoll shepheards And surely me thinkes it standeth greatly with the charitie of our Lord Bishops to conceive Though the common people bee not able to discerne of pastors yet the Nobles are able the Commons to have so much naturall understanding as not to choose a cobler when they want a carpenter nor to retaine a loyterer in lieu of a labourer nor to hire a sleeper in stead of a watchman But alas be it that the poore Commons of England were thus wretched and thus bewitched yea be it that they were thus desperate and besides themselves should therefore the Nobles and Peeres of the Realm be as prophane as impious and as heathenish as they Are the great men also unworthy unable and unfit to discerne between night and day betweene light and darknesse Can they also put no difference betweene good and evill betweene a blind guide and him that hath his eye-sight or have they no better stomach than to cast up Mithridate and to digest hemlocke will they also chuse them Captaines from among Corvisers and will they call shepheards 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 work the Commons for their private respect to the choise of unworthy men or will they being themselvs under his Majestie the worthies of the land and chiefe guides and leaders of men in peace and in war upon earth chuse the scumm the refuse and the baggage of the land to guide their owne soules to hell For to heaven by the labour and industrie of such idoll ministers as whose lips preserve no knowledge they can never bee brought A great part of the common people saith hee are backwardly affected towards the truth of Religion from which backwardnesse The common people accused to bee backwardly affected to religion he draweth an argument against the allowance of the pastors by the people But alas is there any marvail that the common people for the most part be backwardly affected For how is it possible that they should step one foot forward when either their guides stand still or goe not at all or at least run fromward or can The backwardnesse of the people proceedeth from the backwardnesse of their guides the common people become good schollers in the schoole of Christ and learne to know the truth of his religion when their Masters and Tutors whom my Lords of the Clergie have begotten provided and thrust upon them be unlearned and irreligious dullards What Can truth spring from errour or can light arise out of darknesse Doe men pluck or pull corne from a dead stalke or a full eare from a dead root Can a Vintener draw wine out of an emptie Casque or doth a Baker poure meale out of a bottomlesse bag If then the common people be foolish and ignorant if they doe erre and bee irreligious they may justly challenge the Lords spirituall of unkindnesse and want of love not because they have sent Embassadors unto them as the Gibeonites sent unto Iosua with old sackes and old bottels with old shooes and old rayment with provision of bread dried and mouled but because they have sent them such ambassadors as have had no sackes no bottels no shooes no raiment yea and no manner of bread at all All which notwithstanding the Admonitor by the backwardnesse of the people laboureth mightily to acquit the Lord Bishops laying to the peoples charge that this fault hath not happened for want of teaching by the Ministers but for want or profiting by the people The Scripture saith he in no place teacheth us that the offences and faultes of the Ministers are alwayes the only cauâ—e why the word of God doth not take place in mens hearts It is commonly and almost always imputed to the way wardnesse unthankfulnesse and obstinacie of the people that heare it But alas who ever fancied that the faults of the Ministers of God were the only cause why the word of God preached by them did not enter into the hearts of men Where the Minister sincerely preacheth the word of God if there the
trouble and expence yea and with greater priviledge than he did before Thus therefore touching the office and person of the King the duetie of the Presbyterie and people the right of the Patron and the person of the Minister to be ordained thus and thus we say 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 full power and authoritie by Letters Patents under the Great Seale of England when and as often as need shall require as he shall thinke meete and convenient and for such and so long time as shall please his Highnesse to assigne name and authorize such person or persons being naturall borne subjects as his Majestie shall thinke meet to exercise use occupie and execute under his Highnesse all manner of jurisdictions priviledges and preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall jurisdiction within this Realme of England Againe by the booke of ordeyning Bishops Priests and Deacons it is prescribed that the Bishops with their The Bb. and Priests must lay on their hands Priests shall lay their hands severally upon the heads of every one that receiveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficiently instructed in the holy Scriptures a man meet to exercise his ministerie duely that he must be called tried and examined that he must be presented by the Archdeacon 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 Hen. 8. it is affirmed That a Bishop The Bishops must use six Chapleins at giving of orders must have sixe Chaplaines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remaine unto this day distributed into certaine Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie unlesse by Every Archdeacon divided into Deanries consent some other be chosen by the Ministers themselves hath the first place and is the chiefe director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbyter or Decanus curalis according to the appellation of the chief Minister of the mother or chief Church of that Diocesse who is called Archipresbiter or Decanus cathedralis so that unto this day these Ministers meeting at the Archdeacons visitations once in a yeere at the least there remaineth in the in the Church of England a certaine image or shadow of the true ancient and Apostolicall conference and meetings Wherefore from these lawes and from this ancient manner of the meetings of Ministers and of having one principal and chief Moderator amongst them according to the Apostolicall practice and usage of the primitive Church thus already setled in the Church of England wee humbly leave it to be considered by the Kings Majestie First whether it were not meet and convenient for his Highnes by his letters patentes under the great Seale of England to assigne A Minister to be ordained by the Bishops and a â—ompany of Ministeâ—s at the Kings commandement name and authorize the Bishops and six or moe Ministers within every Deanerie continually resiant upon their benefices and diligently teaching in their charge to use and execute all manner of jurisdiction priviledge and preheminence concerning any spirituall ordination election or institution of Ministers to be placed in the Parochiall Churches or other places with cure of soules within Secondly when any Parish Church or other place with cure of soules shall be voide whether it were not meet and convenient that the auncients and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie unto Vacancie of a benefice to be intimated tâ— the Kingâ— office the office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie from the King might command in the Kings name the Bishop and other Ministers to elect and ordaine and the people of the same place to approve and allow of some able and godly person to succeede in the Church Thirdly the Patrone if the same be a common and lay person A Lay patrone insteed of varying his Clerk may present two Clerks at one time having now libertie to vary his Clerk if he be â—ound unable whether it were not meet and convenient to avoide all manner of varying that within the time perâ—â—xed hee should nominate at one time two Clerks to bee taken out of the Uniâ—ersities or other Schooles and Nurseries of the Prophets and that the same nomination be made unto the Bishop and the said sixe Ministers to the end that both the Clerkes being tried and examined by them the abler of the two might be preferred to that charge And of this manner of presenting two Clerkes by the Patrone we have a president not much unlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to have a Suffragane hath libertie to name and present unto the King two honest and discreet Spirituall Persons c. that the King may give to one such of the said two Spirituall Persons as shall please his Majestie the title name stile and dignitie of a Suffragane Fourthly the Bishops and Presbyters having thus upon triall and A Minister found able for gifâ—s is to be sent to the parish that his life may be examined and to have the consent of the people examination found one of the Patrones Clerks to be a fit and able man to take upon him the executioÌ„ of the Ministery in that Church whether it were not then meet and convenient that by them he should forthwith be sent to the same Church as well to acquaint the people with their judgement and approbation of his gifts and abilitie to teach as also that for a time he should converse and abide amongst them to the end his life manners and behaviour might be seen into and enquired after by their carefull endeavours Fiftly the people within a time to be perfixed not making and proving before the Magistrate any just exception against his life A man allowed for gifts and Conversation is to be ordained with prayer fasting and laying on of hands A Minister to be inducted into thâ— Church bâ— the Kinâ—â— Writ manners and conversations whether it were not then meete and convenient that the Bishop with sixe â—ther Ministers or moe of the same Deanrie authorized by the King as aforesaid under some paine 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 hands to ordaine and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these things being thus finished whether it were not
most men contemned and that it will be of small force to bring to effect any good amendment of life ASSERTION But who taught him to father or to fasten this untruth upon us only then this might suffice for answer that hee did never yet heare any one of our part so much as call much lesse to cry for discipline No discipline by excommunication only called for Discipline by excommunication onely no more to bee suffered by excommunication only For wee say cleane otherwise viz that the Discipline of the Church ought not to be executed as now for the most part it is by excommunication only This manner of discipline therefore by excommunication only is one of the disorders in the Church used by the reverend Bishops and which wee so much desire to bee reformed And for this cause we intreat their Lordships to forbeare the practice of that which as it seemeth they would so faine have others to mislike But happily this was not the marke whereat the Admonitor shot for Bishoply and Archdeaconly excommunication being daily used it is like that he bent his bow and aimed at that excommunication only which is pastorall and Elderly Against which forme and manner of excommunication let be so that some learned men of this age have at large declared in their workes set forth to the world that the same will be of most men contemned and that it will be of small force to bring to effect any good amendment of The writings of som learned men not sufficient to condemâ—eâ— excommunication by pastours and Elders life let this I say be granted what of all this must the Church of England therefore dislike and reject the same God forbid The whole doctrine of Faith and Sacraments we know to bee of most men contemned and to be of small force to bring most men from superstitious and popish idolatrie And how then is it possible but that the sword of this doctrine should have as little entertainement amongst most men as the doctrine He that casteth away the kernell will much more despise the shale And hee that setteth light by the sword will set lesse by the scabberd It sufficeth then that the children of the Church in England striving to enter in at the narrow gate and embracing the doctrine of the Gospell it is sufficient I say that they submit and subject their necks unto the yoke of the Gospell for what have we to doe with them that are without Doth the law of England endight condemn and judge a Spaniard resiant in Spaine The Admonitor himselfe affirmeth at the time when our Saviour Christ said dic Ecclesiae that there were many presidents as it page 134 were and governours of the Church together with the chiefe Ministers page 135 The Bb. confesseth that the Minister and Elders did governe in the primitive Church of every congregation nay further hee saith thaâ— he will not deny that the Apostles afterward and the primitive Church did practise the same These some learned men then eâ—ther must shew and prove unto us the children of God in England that this forme of governing the Church and excommunicating by many presidents and go vernours together with the chiefe Minister of every congregation was given to the Churches in the time of Christ and his Apostles but only for that time and that therefore that form is now at an end and ceased or els it must be confirmed unto us that God hath in these dayes altered and changed his mind touching England and that hee hath by some new vision or revelation commanded the Reverend Bishops in these dayes to teach the Church of England that he will not have the same manner of Government used in the Church of England because it would be of most of his Children in England The opinion of some Learned men not sufficient for the Church of England to depart from the word contemned and of small force to bring to effect any good amendment of life in them for albeit all the Learned men in the world had declared as much in their workes set forth to the world as is here spoken of what were that to the children of God in England unlesse the same Learned men had taught unto us true learning from the mouth of God How much lesse are we bound to regard what only some Learned men of this age have declared unto us the same some Learned men having 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 sufficient warrant to draw men from the way of truth then hardly let the declaration of Doctor Harding against the true use of the Lords Supper and then let the declaration of Osorius against justification by faith and the declarations of Bellarmine against diverse Articles of our Religion and the declaration of Doctor Allen against the execution of Justice in England and the declaration of Doctor Saunders a rebellious fugitive in the defence of the Popes Bull and the declaration of G. T. for the pretended Catholikes and lastly let the declaration of the Pope and his whole Clergy excommunicating our late Soveraigne Lady the Queen deceased bee received and listned unto 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 loosenesse the vanity the trifling and the toying of this argument The Argument following which the Admonitor would seeme Page 81. to let passe drawne from experience is of like quality For though experience as hee saith teach that men of stubbornnesse will not By excommunication of Pastors and Elders moe can not bee out of communion than in communion shun the company of such as bee excommunicated and though such men of stubbornnesse must be also as he saith excommunicated for keeping of company with them yet to affirme that by meanes of Pastourly and Elderly excommunication moe will bee excommunicated as being men of stubbornesse than in communion is a very grosse and palpable errour For we hold as the truth is that the greater part of the Church cannot be excommunicated by the lesser nor that many should be excommunicated by a few nor that a few should bee excommunicated by one of the Church And if the common union must necessarily consist of all or of the most part of the faithfull then is the lesser part alwayes out of this common union For what else is excommunication but extra communionem ejectio a casting forth of one or of moe persons from the common fellowship society and company of the faithfull The greatest part whereof and not the least are accompted to be the Church and to be in communion unlesse 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
Bishop then having these two severall and distinct offices imposed upon his person the one by divine the other by humane Law the one humane and Episcopall the other without pomp and pastorall there ariseth from thence this question by which of those two functions hee may lawfully I meane according to Gods Law minister the Doctrine Sacraments and censures of Christ If it bee answered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacraments and by force of his humane Episcopall office to minister the censures of Christ then is not the answer fitted to the question the same being made à bene conjunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simply of divine ordinance it must follow if his Episcopall power be onely of humane right and pastorall power be onely of divine institution that the censures may bee ministred by authority derived onely from man but the doctrine and Sacraments by power derived onely from God Which commixion of divine and humane right in the execution of the ordinances of God can no manner of wayes be sound pure and sincere and therefore also can not be pleasing unto God For no more can the censures of Christ to the pleasure of God be lawfully administred by the authoritie of any one whose function is of man and not of God than could the sacrifice of God bee offered by one who was a priest of man and not of God Now that humane Episcopality or Bâ—shoppisme in the Church of England is authorized and deduced from Lordly Episcopality authorized only by the Law of the Realme the power and Law of man viz. of the King and Realme alone is evident as well by the donation and endowment of the Bishoprickes founded by the Kingly Prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishopricks of Chester Gloucester Bristoll Peter borough and Oxford with their Cathedrall Churches Seas Cities meeres and bounds of those humane Bishops for the exercise of their Episcopall administration according to act of Parliament authorizing the Kings Highnesse to make Bishops by His Letters Patents Nay further that humane Episcopall Note that King Henry the eight by letters Patents made Bish therefore c. 31. H. 8. c. 9 jurisdiction within the meres and bounds of every Diocesse within England is meerely of humane and not of divine institution appeareth by that power and authority which the King hath in translating and dissolving of Bishopricks in conserving Episcopall jurisdiction sometimes to such persons as be no Bishops as did William the Conqueror when hee gave Episcopall power to the Abbot of Battaile and lastly by the very manner and forme of the nomination licence of Election and authority of investiture confirmation and consecration of Archbishops and Bishops established by the more positive Law of the Realme But if it bee answered 25. H. 8. c. 20 that the Bishop by his humane Episcopall power doth minister the Doctrine Sacraments and discipline of Christ then is the case worse with him than it was before because then not onely the Discipline of Christ but also the doctrine and Sacraments of Christ should bee ministred by that authority which is of humane institution Besides the answer should be untrue because the Bishop at the time of his consecration doth not receive any authority to preach the Word and minister the Sacraments for that authority was then committed unto him when first he was ordained to be a Presbyter But the authority which hee receiveth at the time of his consecration is to correct and punish such as bee unquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That Episcopall power in England is not of divine but of humane institution Especially for that by the Scriptures it can not be proved that there bee two severall and distinct formes of ordinations the one called consecration proper to a Lord Bishop for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the Word and Sacraments Whereunto lastly may bee added another maine reason that Episcopall power in If the Lord Bish have power to minister disâ—ipline by divine right then no more can he commit that his power to an other than he can commit the power which hee hath of preaching to another England to minister the Discipline can not therefore bee of divine institution because if it were of divine institution the Bishop 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 than hee can depute them or any of them to minister the doctrine and Sacraments 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 Bishop For the proofe hereof we shall not need to search any other authenticall record then the precept and the practice before intreated of For it is not said in the precept that the Presbyter being armed with authority from Christ but it is said that the Presbyter being armed with authority from the Bishop or Archdeacon shall denounce the sentence of excommunication the practice also of Doctor Hone every way confirmeth as much For therein Doctor Hone doth not challenge to be an Officer unto Christ but he saith that he is the officiall of the venerable Archdeacon of Surrey and that Master Rowland Allen Presbyter by vertue 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 neverthelesse he is a mediate officer depuâ—ed to his office by an immediate officer unto Christ viz. the Lord Bishop or Archdeacon then wee reply and say First that the Lord Bishop and Archdeacon be neither immediate or mediâ—te Officers appointed by Christ to bee ministers of his discipline Secondly if they were immediate officers from Christ that yet they have no authority by the Law of Christ to transfer their right or any part thereof to an other person in their name or by their authoritie to excommunicate As for these words viz. In Dei nomine Amen nos Iohannes Hone or nos Roulandus Allen c. sometimes used in their scedule of excommunication it is but a prophaning of the holy name of God whereby they make themselves guilty 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 Bishops humane Episcopall power yea or no. But now on the other side because no divine censure can lawfully be executed in the Church by that authority