teaching that the princes of Iudah and Ierusalem should cast away the rich ornaments of gold as a menstruous cloth did stay himselfe with the publishing of this his doctrine he onely reformed himselfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these words in your eares he hath sent me to prophesie against this house and against this citie all the things that ye haue heard Pag. 94 as for me behold I am in your hands doe with me as ye thinke good and right And though Iehoiakim the King with all his men of power the Priestes and the Prophets sâ—ewe Vriah with the sworde yet ceased not Ieremiah to stande in the Court of the 2. King 2â— â— Lords house to speake vnto all the cities of Iudah all the words that were commaunded him to speake and kept not a word backe When Hilkiah the Priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the King stoode by the piller and made a couenant before the Lord that he the King and the Priestes and the Prophets and all the people both small and great shoulde walke after the Lorde and keepe his commaundements and his testimonies and his statutes with all their heart and with all their soule And that the King commaunded Hilkiah the high Priest and the Priestes of the second order to bring out of the Temple of the Lorde all the vessells that were made for Baal and for the groue and for all the hoste of heauen and that He King burnt them without Ierusalem in the fieldes of Kidron and that the King carryed the powder of them into Bethel and that He put downe the Chemerym and that He brake downe the houses of the Sodomites and that He brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him should not be frustrate but haue a rewarde Asa hearing these wordes of the Prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regencie Pag. 93 And Asa 2. Chro. 15. brake downe hir Idoll and stamped it and burnt it at the brooke â—idron and King Asa did all these thinges at the counsell of the Prophet Neyther can the holie doctrine of the Gospell be sayd to be repugnant herevnto God is euermore one and the selfe same God in all ages he is euermore the author of peace and order not of discord or disorder If therefore the Lord haue not yet graciously opened hir Maiesties eies to vnderstand all and singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blots in the raigne of good Kings in the time of the law or if he will that the aduersaries of Iudah and Beniamin hire counsellers to trouble their building hinder their deuise all the daies of Cyrus or if he will the Temple to be built in the daies of Esra the chiefe Priest but the walles to be reedified by a Eliashâ—b and his brethren or if he will haue his Church tary his holye leasuâ—e and appointed time or if he haue any other glorious purpose to worke in our dayes by her Highnesse what is that to him that is a Minister of the Gospell Onely it behoueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layd vpon him And let him be assured that whatsoeuer is either bound or loosed by him in earth the same is bound and loosed by the Lord in heauen The repentant and faithfull shall be forgiuen the obstinate and impenitent shall be hardened And thus hauing deliuered my mind touching these things which otherwise by sinister construction might haue bene daungerous to my selfe and offensâ—ue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisite that euery one moued inwardly by the holy Ghost and outwardly called and appoynted by the Bishop hauing authoritie by the order of this Church of England in this behalfe is Pag. 96 in deede and by lawe a Minister First because he is in deede and truth a Messenger sent and appoynted to this office by the Lord himselfe Secondly he is a Minister by the lawe of this lande For the state of this man learned qualified and inwardly called and the state of the vnlearned and vnqualified and not inwardly moued differ as much as light and darkenesse For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the lawe it selfe requireth should be in him and so the ende of the lawe satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of lawe and by lawe that in his outward calling and tryall c. all things required by lawe were accordingly performed by the Bishop and so he a lawful Minister But touching the other man it is quite contrary and therefore this presumption by law must cease For where his life his learning his conuersation doe appeare manifestly â—los extrauag de prebend cuÌ„ secundum As postolum ver â—eeat to be vile corrupt and vnhonest and not such as the lawe requireth and so the lawe frustrated in this case there is a presumption Iuris de iure of law and by law against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falshood expressed are good and to be obeyed but if afterwards either of these appeare they shall be accounted surreptitious and voyd A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenour thereof appeare false Latine it is then presumed to haue beene obtained per surreptionem A sentence giuen by a Iudge is presumed to be a iust iudgement and euerie one for the authoritie and reuerence of the Pag. 97. Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like manner if a Bishop should make an hundred ministers in one day for the authoritie
and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part moued by a good conscience and for the same my conscience sake to discharge my duetie to the Lord haue summoned you publikely lawfully and rightly to dispossesse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neither ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you plaine that herein I will both say and doe that thing which the noble and wise Emperour sometimes both sayd and did in a matter of farre lesse waight then this Quod inconsultò fecimus consultò reuocamus That which we vnaduisedly haue done we aduisedly will reuoke and vndoe And Sir for your part it is verie necessarie and expedient for you that we depose you in deede because Tantò grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the lyke were in my simple vnderstanding a noble and famous practise of a good and godlie Bishop labouring to procure peace and prosperitie vnto Ierusalem What may a Bishop depriue an honest poore man from his benefice dispossesse a faythfull man of his Ministerie stoppe the mouth of the Lordes watchmen and imprison a painefull teacher in the Clinke in case he weare not a Surplesse in case he marrie not with a Ring in case he crosse not in Baptisme or in case he subscribe not to euerie newe Article inuented by Pag. 91 his Ordinarie And may not the same Bishop remoue a man that hath openly played the hypocrite publikely falsified his word impiously committed sacriledge yea and that which is worse hath made an open mocke at the lawe of God and deluded the lawes of her Highnesse Empyre Is the first a lawlesse and rebellious Puritane I vse but their owne termes and is the second a duetifull and loyall Uassall If a Puritaâ—e as they call him making conscience to offende his God in any small thing for his conscience sake be worthy to be whipped and excommunicated is a Foolitaâ—e making no conscience to offend his God in all things not worthy once to be summoned Concerning an olde obiection perhaps by some olde Canoniste to be obiected that euery sentence of the Bishop whereby Extrauag de elec c. cum dâ—â— lectus he pronounceth any man fit and capable of the ministerie is a definitiue and irreuocable iudgement in case no appeale be made from the same though my former answere were sufficient for the same election yet to answere lawe with law I answer with the glosse that propter aliquam causam posteà emergentem potest quaeri quia quae de nouo emergunt nouo indigent auxilio ita semel probatus â—â—erâ—m probatur reprobatur For some cause afterwards arising inquisition may be made because things newly happening doe want a newe â—upplie and so one being once allowed may againe be allowed and disalowed Pag. 92 And therefore to conclude if such as be in authoritie loue the peace and prosperitie of the Church of Christ if they desire the good successe of the Gospell if they will preserue the state of this Realme if they thinke it necessarye to haue good Magistrates to haue good lawes and orders in a common wealth If they esteeme learning and seeke to preferre it if they hate confusion if they allow to their owne conditions and like of a kingdome better then of a tyrannous state then are they to prouide betime some speedy remedie for these and such like kind of men and such manner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to be contemned and broken without sharpe and seuere punishment they are not to suffer such as execute them not to be vncontrolled vnrebuked and vnpunished they are not to suffer such as speake for them preach for them cal for them and write for them any more to be checked taunted frumped and shopped vp either let their lawes be lawes indeede and maintained as lawes or els deliuer vs from our duties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I sâ—ily and couertly as one captious ouer the whole state of the church should infinuate no lawfull ministerie to be in England because some one of these poynts perhaps haue bene and are daily omitted in making euen the best men that are in the ministerie at this day I answer touching as well the whole Church as the learned and vnlearned Minister the Preacher and him that is no Preacher the Pastor and him that is no Pastor I answer I say touching them all as followeth First I confesse that our Lord Iesus Christ hath a true Church and a faithfull spouse in England receiuing the doctriue and sacraments of Christ publikely taught and administred in the Church of England wherein we haue Elizabeth by the grace of God Queene of England Fraunce and Ireland a Soueraigne a sole and a lawfull Gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto her out of the word of God by the Ministers for the abolishing Pag. 9â— of all and all manner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernment of the sayd Church ought to be faithfully embraced and diligently put in execution by hir Maiestie according to the prescript rule of the blessed word of God And againe that the Ministers ought euermore in a reuerent and holy feare to teach whatsoeuer they know to be commaunded or forbidden by the same word and tâ—â—hewe the daunger as well to the Magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the Magistrates and Ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred worde prescribeth and their owne saluation requireth Againe that neither the Magistrate withâ—â—â— true instruction from the Ministers nor the Ministers without due authoritie from the Magistrate ought to wrest any thing into the gouernment of the Church For both offices and gouernments magistracie and ministerie are very holy and honourable and being seuerall tend to seuerall ends and bring forth seuerall euents in the administration and gouernment of the Church the one is the mouth the other is the hande of God the one by word the other by sworde ought to execute the Lords iudgements in the Lords house The Prophet Esay at the commaundement of the Lord
which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of God Secondly by the discourses written betweene the learned on that behalfe Thirdly by the Discipline practized by all the reformed Churches and lastly by Maister Nowell his Catechisme commaunded generally by the Bishop to be taught vnto the youth of the Realme in all schooles of their Diocesse yet notwithstanding the Minister contrary to a vowe made by him at the commaundement of his Ordinarie appointed therevnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at all our Bishops and Archdeacons challenging vnto themselues a principall prerogatiue to punish all malefactors within their seuerall iurisdictions An other reason that this statute hath appointed as well the discipline of Christ as the doctrine and sacraments to be ministred as the Lord commaunded onely and none otherwise is this namely for that this statute was made to reforme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priests as it was to reproue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the Ministers of the Gospell for otherwise this braunch of the statute should ordaine nothing and so contrary to the nature of a lawe be Lex absurda an absurd lawe Pag. 37 And therefore what open wrong and intollerable iniutie is offered the Saincts of God and loyall subiects to her Maiestie calling for discipline at the chiefe Prelats hands commaunded by the Lord and in truth established by the lawes of her Highnesse Empire euery indifferent man may easily discerue It followeth in yâ— booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your families according to the Doctrine of Christ and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flocke of Christ Answere I will Bishop Will you maintaine and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the ende when he layeth on his hands he sayth to euery one be thou a faithfull Dispensor of the word of God and of his holy Sacraments And againe Take thou authoritie to preach the word of God and to minister the holy Sacraments Which action speeches of the Bishop are to be wel wayed and considered The words which the Bishop pronounceth Be thou a faithfull Dispensor c. Take thou authoritie to preach are wordes appointed him by the whole State to be pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parlement that a Bishop should commaund an Apothecarie not exercised at all in holy Scriptures and altogether vnable to teach to be notwithstanding a faithfull dispensor of the word of God and to take authoritie to preach Pag. 38 No no they very well knewe that the outward sound of the Bishops words in the eares of such a man could not worke any inward grace or giue any inward vertue to the performance of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourably conceiue of their wisedomes much lesse I take it should the Bishop so disloyally abuse their credite and authoritie Was their intent and purpose trow you that the Bishop by these his demaunds and the Minister by these his aunsweres should not bind the Minister himselfe to performe by himselfe this duetie to preach but that the same should be done by a third person I trowe no. For my Maisters and Doctors of the Canon and Ciuill Lawe Burgesses in the house of Parlement knowe that Promissio facti alieni inutilis Institu de inuâ—tilistipu § si quis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studijs imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certaine place or to be furnished with the liberall Sciences or to builde an house or to paynt a table with his owne hands or to marry a wife that he can not doe any of these things by an other man because the will of the Testator hath concluded all these things onely in his owne person Was their meaning that the Bishop pronouncing these words Pag. 39 Be thou a dispensor was their meaning I say by those words to haue the Bishop commit the office of reading homilies to a Minister or to iudge reading of homilies to be preaching No no Their proceedings appeare to be of greater wisedome knowledge iudgement discretion and godlinesse They appointed by the same their consultation three kindes of offices to be in the Church Deacons Ministers and Bishops appointing seuerally to euery officer his seuerall dueties and hath expresly appoy nted reading homilies to be the office of a Deacon For in the ordering of Deacono the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the Churche where he shall be appoynted to assist the Prieste in diuine seruice and specially when he ministreth the the holy Communion and to helpe him in the distribution thereof and to reade holy Scriptures and Homelies in the congregation c. I take it and hold it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an act of Parlement and therefore I take it that I may safely conclude without offence to his Lordship that he can not by law appoint any Minister to reade any Homilies in any Church Statute lawe is Siricti Iuris and may not be extended What will you then by law positiue barre reading of Homilies in the Church No. But I would haue the Law positiue obserued and so barre reading of Homilies from a Minister because the Law positiue hath appointed that office to a Deacon For it is not lawfull for one priuate man and fellow-seruant to transpose from his fellowseruant an office committed vnto him by publike authoritie Pag. 40 And it is verily to be thought the Bishop himselfe will challenge as much vnto himselfe by this statute from the Minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and Ministers and to gouerne them and that therefore it beseemeth not a Minister to be ordered otherwise then according to the forme of the booke and no
otherwise to preach then as he shall be licensed therevnto by him the Bishop As touching the Iniunctions the aduertisments and the articles of religion wherein mention is made sometimes that Parsons Vicars and Curates sometimes that the Minister shall reade Homilies they may easily be reconciled by this statute For the Iniunctions set forth primo Elizabeth the aduertisements and articles set forth septimo Elizabeth and this statute being made 8. Elizabeth and so since doth bound and limit the meaning of the Iniunctions and aduertisements For whereas before the names were vsed in them confusedly this statute doth aptly distinguish them applying properly euery proper office to his proper officer and bringing those names before recited vnto two principall heads For though there be Parsons Vicars Curates and Ministers generally in the Church of whome mention is made in the Iniunctions articles and aduertisements yet these and euery one of these must by this statute be either a Deacon or a Minister specially And being a Deacon he ought to execute the office of a Deacon and being a Minister the office of a Minister by this statute and so a Deacon if he be a Parson Vicar or Curate he must execute the office of a Deacon onely that is he must read the Scriptures and Homilies by this statute Likewise a Minister if he be a Parson Vicar or Curate he must minister the doctrine and sacraments and discipline of Christ he must be a dispensor of the word of God and he must preach onely and yet in saying that he must preach onely I doe not exclude him from doing those other dueties Sine quibus illud fieri non potest Pag. 41 Without the which he cannot preach as from reading the scriptures and praying with the people but I exclude him from those things onely which are not incident to his office as from reading of Homilies for he may preach and neuer read Homilies but he cannot preach profitably vnlesse he reade the Scriptures and vse prayer What wil you then by law positiue barre all Ministers that be Parsons Vicars or Curates and yet cannot preach from reading Homilies I answere that whether they can preach or cannot preach Currat lex Let the law runne and let him that hath defiled his hands by laying them vpon such a one contrary to the commaundement of the Lord and contrary to the lawes of his gouernour vnder whome he liueth and by whome he hath his preferment holde vp his guilty hands vnto the Lord for mercy in the day of the Lord and fal downe before hir Highnesse for hir gracious pardon in so abusing hir Highnesse lawes And to the ende you may see more apparantly these two offices by the law it selfe to be thus distinguished I haue set downe the Bishops words pronounced by vertue of the statute vnto the Ministers as followeth You haue heard brethren as well in your priuate examination as in the exhortation and in the holy lessons taken out of the Gospell and out of the writings of the Apostles of what dignitie and of how great importance this office is wherevnto ye be called moreouer I exhort you in the name of our Lord Iesus Christ to haue in remembrance into how high a dignitie and to how chargeable an office ye be called that is to say to be the messengers the watchmen the Pastors and the stewards of the Lorde to teach to premonish to feede and prouide for the Lordes familie to seeke for Christ his sheepe that be dispersed abroad and for his children which be in the middest of this naughty world to be saued thorough Christ for euer Pag. 42 haue alwayes therefore printed in your remembrance how great a treasurie is committed to your charge for they be the sheepe of Christ which he bought with his death and for whome he shed his bloud the Church and Congregation whome you must serue is his spouse and his body and if ye shall see the same Church or any member thereof to take any hurt or hinderance by reason of your negligence ye know the greatnesse of your fault and also of the horrible punishment which will ensue Wherefore consider with your selues the ende of your ministerie towards the children of God toward the spouse and body of Christ and see that ye neuer cease your labour your care and diligence vntill you haue done all that lyeth in you according to your bounden duetie to bring all such as are or shall be committed to your charge vnto that agreement in faith and knowledge of God and to that ripenesse and perfectnesse of age in Christ that there be no place left among them either for errour in religion or for viciousnesse in life As here you see the whole summe of the office of a Minister recited by act of Parlement and pronounced by the Bishop So in the whole action of ordering Ministers both the Bishops interrogatories and the parties answeres and all tende to admonish the Minister still of his duetie in teaching and instructing the people and in preaching Where the whole action of ordering Deacons tendeth to admonish the Deacon of his office in reading As thus Will you diligently reade the same vnto the people assembled in the Church where you shall be appointed to serue Answere I will Pag. 43 And againe It pertaineth to the office of a Deacon to reade holy Scriptures and Homilies in the congregation And againe Take thou authoritie to execute the office of a Deacon in the Church of God and take thou authoritie to read the Gospell in the Church of God And then one of them appointed by the Bishop shall reade the Gospell of that day And no doubt the whole house of Parlement had a singular care to haue these offices distinguished by their law euen as they are distinguished by the lawe of Christ himselfe as appeareth both by the places of Scripture appoynted by the statute to be read for euery office And also by appoynting the prouision for the poore vnto the Deacons And furthermore it is his office sayth the Bishop by the same statute where prouision is so made to search for the sicke poore and impotent people of the parrish and to intimate their estates names and places where they dwell to the Curate that by his exhortation they be relieued by the parrish or other conuenient almes And therefore I conclude againe that the Bishop can no more appoynt the office of prouision for the poore vnto a Minister then he can change or alter an act of Parlement And therefore that he can no more commaund a Minister to read Homilies then he can commaund him to make prouision for the poore For as touching these words toward the latter ende of this action Take authoritie to preach where thou shalt be appointed Whereby they take hold no otherwise to suffer them to preach then as they shall be licensed afterward by writing hath neither head nor tayle They make by their fauourable pacience a construction thereof
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a Minister thou hast nowe authoritie giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the Minister to administer the Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hareâ—â—â—excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot â—arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the Minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and angels as he that hath a speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement whereby authoritie is giuen to a Minister to preach and commit the making of a Minister to the Bishop without a congregation But the ende why a speciall license ought to be had is not so much for the partie himselfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight article of the Iniunctions The words are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery Minister to preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the Kings dominions presume or take vpon him to preach priuily or apertly without speciall license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of yâ— Ordinary of the place where he preacheth and â—o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume â—o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd
Touching the first protestation to be made promised and subscribed by them that shall hereafter be admitted to any office roome or cure in any Church or other place Ecclesiastical contained in these words in the booke of aduertisements In primis I shall not preach or publikely interpret but onely reade that which is appointed by publike authoritie without special licence of the Bishop vnder his seale though her Maiesties most excellent name be vsed by the publishers of the sayd aduertisements for confirmation of them and that they affirme her M. to haue commanded them therevnto by her highnes letters yet because the booke it selfe commeth forth without her M priuiledge and is not printed by her M. Printer nor any in his name therefore it carrieth no such credite and authoritie with it as wherevnto her M. subiects are necessarily bound to subscribe hauing other lawes and other Iniunctions vnder her M. name and authorized by her M. priuiledge contrary to the same For her M. by her Iniunctions commaundeth euery Minister to preach within his owne cure without licence as before you haue heard But let vs goe forward It hath bene shewed before that euery one to be made a Deacon or a minister ought be to called tried examined knowen to haue such qualities as were requisite that mention also hath bene made of yâ— face of a church of the Latine tongue of many other circumstances necessary to that action all which things set downe rather generally then particularly described require a larger discourse Panormitan yâ— doctors vpon yâ— ciuil canonical law haue these coÌ„clusions Pag. 49 Statuta debent interpretari secundùm ius commune siue debentinterpretationem â—x n. â—a dictâ—â— de consuâ—tâ—â— nu 22. recipere à iure communi statuti verba dubia debent interpretari vt minùs laedat ius commune quà m sit possible Statutes ought to be interpreted according to common lawe or statutes ought to receiue their interpretation from common law and doubtfull words of a statute ought to be so construed that they be as little preiudiciall to the common lawe as is possible Out of which conclusions I collect this rule Namely that where a statute shall establish an office practized and had in vse before the making of the statute and shall require a calling a tryall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kind of calling of tryall of examination and such qualities c. that then such manner of calling of tryall of examination and such qualities are required by that statute to be in such an officer as by common right were requisite for such an officer before the making of that statute And because by the viewe of the former order it selfe it is very apparant that the same forme and order was appoynted by men very desirous to promote as much as in them lay the honour and glory of God and to abolish all superstitions and trumperies brought into his Church Therefore because I ought by duetie to conceiue their meaning to the best and most agreeable to their profession I say that they meant herein onely such calling such tryall such examination and such qualities as are requisite to be in a Deacon and in a Minister by the lawe of God Which is euident both by the order of prayer vsed at the time of their orderings and also by the Scripture read for that purpose The prayer followeth Almightie God which by thy diuine prouidence hast appoynted diuers orders of Ministers in the Church and diddest inspyre thyne holy Apostles to choose vnto this order of Deacons the first Martyr S. Steuen with other mercifully behold these thy seruaunts now called to the like office and administration Pag. 49 replenish them so with the truth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorye of thy name and profit of the Congregation thorough the merits of our Sauiour Iesus Christ who liueth and raigneth with thee and the holy Ghost now and euer Amen After this prayer followeth the Epistle out of Timothie Likewise must the Ministers be honest not double tongued not giuen to much wine neither greedy of filthy lucre but holding the misterie of the faith with a true conscience And let them first be proued and let them minister so that no man be able to reproue them Euen so must their wiues be honest not euill speakers but sober and faithfull in all things Let the Deacons be the husbands of one wife and such as rule their children well and their owne housholds For they that minister well get themselues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the sixt of the Acts. Then the twelue called the multitude of the Disciples together and sayd It is not meete that we should leaue the word of God and serue tables wherefore brethren looke ye out among you seuen men of honest report and full of the holy Ghost and wisedome to whome we may commit this businesse but we will giue our selues to continuall prayer and to the administration of the word And that saying pleased the whole multitude and they chose Steuen a man full of faith and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas and Nicolas a conuert of Antioche These they set before the Apostles and when they had prayed they layd their hands on them c. Pag. 50 The Communion ended shall be sayd this Collect. ALmighty God giuer of all good things which of thy great goodnesse hast vouchsafed to accept and take these thy seruaunts vnto the office of Deacons make them we beseech thee O Lord to be modest humble and constant in their ministration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the testimonie of a good conscience and continuing euer stable and strong Fol. 1. pag. 8. in thy Sonne Christ may so well vse themselues in this inferior office that they may be found worthy to be called to the higher ministeries in the Church thorough the same thy Sonne our Sauiour Christ to whome be glorie and honour world without ende Amen The Epistle appointed at the tyme of ordering of Ministers shall be read out of the twenty chapter of the Acts. FRom Mileto Paule sent messengers to Ephesus and called the Elders Foâ—â— pag. â— of the Congregation which when they were come to him he sayd vnto them Ye knowe that from the first day that I came into Asia after what manner I haue bene with you at all seasons seruing the Lorde with all humblenesse of minde and with many teares and temptations which happened vnto me by the layings awaite of the Iewes because I would keepe backe nothing that was profitable vnto you but to shew you and teach you
a peacemaker but quarrelling at law for tyth onyons apples cheries not a dispensor of the worde of God not a pastor steward to the Lord to teach to premonish to feede and prouide Foll 11. pag. 2. for the Lords flocke if such a one I say yea if too too many such haue bene admitted into the holy Ministerie and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute law be no lawfull Ministers at all VVas the worde of any Bishop only the word of the high Bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe of a nation VVas the lawe of a whole Empire euer tied to the will of one man in a Diocesse If the thing it selfe were not manifest to the viewe of the whole Realme and that the vnlearned ministers in euerie parte of the Realme were not glasses to see these deformities by and that the daily and lamentable complaints in the eares of hir honorable councell were not euident testimonies thereof Yet were their owne registers and recordes thorowly perused they would teach vs sufficiently that these things yea and worse too if worse may be are neither fained nor forged And therefore I conclude thus 1 Wheresoeuer a certaine forme and order to proceede is appointed to any hauing no authoritie before his commission that there if the forme be not kept the processe by lawe is meerely voyd 2 But our Bishops before the making of the statute of Edward the sixt and the confirmation thereof 8. Elizabeth had no authoritie to make Deacons or ministers Pag. 85 3 Therefore their processe not made according to the order and forme of the statute is voyd and therefore our dumbe and idoll Ministers no Ministers at all Herennius Modestinus answered that a Senator was not therefore a Senator because he had his name onely in the table or register where the names of Senators were written vnles he also were made a Senator according to lawe And the glosse vpon that law verifieth the same to be an argument Contra 〈◊〉 qui non sunt rectè in Ecclesiâ—â— coÌ„stituâ— ff quand dieâ— lâ—g vel fideâ— sed l. quod pâ—pillae iâ—â—at gloss Against those that are not rightly placed in Churches If a Legacie be giuen vnto a Pupill whensoeuer she shall marrie if she shall marrie before she be Viâ—i potens the Legacie is not due vntill she be Viri potens quia non potest videri nupta quae virum pati non potest nec videri factum quod non lâ—gitime fit Finally in the preface of the booke of ordering Ministers are these words And therefore to the intent these orders should be continued and reuerently vsed and receiued in this Church of England it is requisite that no man not being at this present Bishop Priest nor Deacon shall execute any of them except he be called tried examined and admitted according to the forme hereafter following And in the 13. yeare of Elizabeth cap 12. it is enacted that all admâ—ssions to benefices institutions and inductions to be made of any person contrary to the forme or prouision of this act and all tollerations dispensations qualifications and license whatsoeuer to be made to the contrary hereof shall be meerely voide in lawe as if they neuer were Another principall reason why these idoll Ministers should not haue so much as the onely name or title of Ministers in word much lesse the place and benefite of Ministers Cod. de autorita praestand l. eum qui. 6. â— 7. si quis deinceps â—x de simo non satis in deede may be for that in deede and truth they haue intruded themselues into the Ministerie onely by fraude and deceite and haue not entered thereinto Bona fide iusto titulo In good faith and by a iust title He that knoweth a Pupill to be vnder age and yet will contract with him without consent of his Tutor Pag. 86 or he that will receiue a Church from the hand of a Laye man or he that will buye and sell Cod. de autorit praestand l. eum qui. 6. q. 7. si quideinceps extra de simo non satis Extra de râ—gu in c. qui contra A contract made betvvene the Bishop and the minister not obserued things dedicate to religious vses cannot in these actions meane any good faith or vse any good conscience because qui contra iura mercatur bonam fidem praesumitur non habere He that against lawe maketh marchandize is presumed not to haue good faith Now in the manner and forme of making Ministers and their admission you haue heard of a solemne couenant and contract by open protestations on both sides made betweene the Bishop and the partie the Bishop demaunding spondes putas facies doest thou promise doest thou thinke wilt thou do The party answering spondeo I do promise puto I doe thinke faciam I wil do it This contract or couenant by law Ciuil is called stipulatio verborum a sure bond made by words and may be called a contract by word By the law of England it is called an assumption And to the end this contract be good in effect as in al other coÌ„tracts so in this especially it is requisite that the same be made bona In ff pro solut l. 3. Cod. de vâ— sur l. venditioni In Cod. de actio oblâ—g l. bonam fide interueniente good faith comming betwene as wel on the part of the demandant as on the part of the answerer For saith the Emperour Bonam fidem considerari in contractibus aequum est Equity requireth that good faith be considered in contracts And that either to this ende Vt cessei dolus ad eorum essentiam or to this end vt cesset dolus ad eorum effectum that guile may cease to the substance of the contract or yâ— guile may cease to the effect of the contract For though according to the nature ff de dol l. elegantâ—r ff de verb. oblâ—g l si quis eâ—m condition of this contract by word the party fraudulently deceiued be notwithstanding by rigour subtilty of law bound to the contract yet inasmuch as the lawe prouideth him a remedy against this mischiefe giueth him a peremptory exception vtterly to exclude yâ— agent from any benefit of his action the contract I say in effect being reuersible is in effect no contract the aduerse partye to be cleared Pag. 87 from the performance thereof Quia contractas non sortitur effectum pâ—opter exceptionem doli The couenant taketh no effect by reason of the exception of guile The law it selfe followeth Si quis c. If any when he had couenanted to be bound after one maner yet notwithstanding by circumuention is bound after another manner he shall in deede stand bound vnto thee by the subtiltie of lawe but he may vse an exception of deceit for in as much as he
ignorant minister of what parish soeuer that is not able howsoeuer he be to preach yet to applie some spirituall medicine to the soule of a sicke man for his consolation although in truth by the spirituall medicines is not here ment any inward comfort A canon racked by faith in Christ in those daies least respected but the shriuing to a priest the housling and anéeling of the partie diseased 3. Section Pag. 5 6 7 8. VNder my former protestation and the benefit thereof alwaies to me being reserued that I fauour not nor séeke not to establish ignorance in the ministerie I doo saie that this which the author here bringeth out of the Chapter Cùm sit ars Ext. de aetate qualit c. for to prooue that ministers ought to be lerned vpon colour of those words For if they shall hencefoorth presume to ordeine such as are vnskilfull and ignorant dooth not any waie directlie relieue him For that decretall speketh of such as Being to be promoted to A canon wrested by the author be priests are by the Bishops themselues or other fit men to be instructed c not of or touching diuine offices ecclesiasticall sacraments but how in what maner they may aright celebrate them that is to saie how to turne their pie portesse and missall to vse gailie the infinite ceremonies of the masse hard to be learned without a schoolmaister which Viua voce might open the same vnto them For else we must néeds herevpon affirme if anie such instruction should be required at the Bishop hands or such as he should appoint as the authour here woulde inforce that the Bishop must read or procure to be read to such as he would afterwards ordeine to be ministers a continuall set lecture of all good learning but speciallie of diuinitie Also it is spoken of such as are to be ordeined priests which hauing gone thorough all the lesser orders and Subdeaconship and Deaconship are not to be intended then newlie to be instructed by the Bishop in so short a time euen a little before their priesting in all the doctrine of diuine offices and ecclesiasticall sacraments which thing also the word Diuina officia for the most part in these latter canons vsed for nothing but the masse with the appurtenances dooth sufficientlie make manifest vnto vs neither can those generall words of Vnskilfull and ignorant be drawne further than to such things wherein the disposition and bodie of that law is before bestowed Yet will I not denie but that hence we may profitablie gather how behoouefull it is for vs to haue as great a care to the sufficiencie of such as are to be called to be the ministers of the gospell as they had for the instructing of their idolatrous priests in their apish gesticulations at the masse And to no other end serueth that which is brought out of the Cap. tales 23. Dist. in the discourse vpon the said section But of all other Impertinent allegations that his common place of the basenes of manie meane things in respect of a few verie good pulled out of the Code and Nouelles but borrowed of the glosse vpon this Decretall I maruell that he would bring it for the inlarging of this particularitie which he hath here in hand The other allegation out of the 15. Dist. and Constit Otho quam advenerabiles toucheth wholie the conuersation and not the learning and knowledge of the minister and therefore is besides his purpose Yet neuerthelesse there is no such canon to be found as he quoteth and the constitution legatiue of Otho quid advenerabiles speaketh onlie False and wrested allegations of Archbishops Bishops and not of inferiour ministers wherevpon our author entreateth and therefore it is to be taken as a witnesse suborned and by him taught to giue euidence in a matter wherein he hath nothing in déed to depose Wherevpon bicause all this notwithstanding he taketh occasion to enter into a verie bitter and I trust a slaunderous accusation against the most of our ministerie for euill example by their vngodlinesse dishonestie and dissolutenes of behauiour no otherwise but in a generalitie and therefore not possible to be answered but by deniall I must wholie remit the same to him who best knoweth whether herein he be an vniust accuser of the most of his brethren and of this church wherin he liueth And I would to God that all they whom thus he inueigheth against were as cleare from those faults as I am assured some others who are so readie to spie a mote in other mens eies and pretend greater zeale and sinceritie than ordinarie are farre off from true godlinesse mortification and charitie 4. Section Pag. 8 9. Pag. 11 AS these three allegations out of the Authentikes Digests and glosse of the Constit of Otho not so much as once naming the words of learning knowledge or anie such like being brought in but to make a number without anie derogation to the authors great reading might well haue béene spared so the other fiue allegations of this section tending hitherto that knowledge ought to be in ministers that they are maisters and ought to teach others bicause they speake not to the point of the issue may well be put from the barre For his purpose is to prooue that none deserueth to be called a minister or pastor which is not able to gouerne to exhort to admonish to rebuke and comfort his flocke yea and that as it seemeth by him else-where after a perfect and exquisite sort Now séeing knowledge and abilitie to teach is in diuerse measures and degrées may be verified as Logicians speake Secundum magis minus it may well be that a minister is in some measure learned hath knowledge and is able to teach and to deale in these duties which yet hath not aspired to the heigh of perfection required as an Idaea rather to be propounded to be followed than of anie one of his owne Rabbines or anie other hitherto attained vnto But to put the matter out of doubt that no such knowledge to preach as our author would inforce is here required the glosse vpon his first allegation in this section referring vs to the C. quae ipsis Dist. 38. dooth plainelie shew that it is but the skill in the missall the antiphonarie the booke of the forme of baptizing the kalendar the rules for penance and such like which is required to make him a skilfull priest and a séer or guide And therefore in the Chapter Sedulò in the same distinction it is prouided that scholars and those who are learned are not to mocke at the prelates and ministers of the church when they heare them vse Barbarismes and Soloecismes in their praiers and to pronounce confusedlie words which they doo not vnderstand where the prelats also and ministers are in that respect excused Wherevpon the * Gl. ibidem in verbo intelligere glosse gathereth that a man for his
from our church Ergo ours is not the discipline of Christ Then by this reason should no reformed churches be said to reteine the discipline of Christ or to be well ordered manie of them vpon diuersitie of occasions differing euen from themselues before and euerie one in some point or other differing among themselues Are all the churches of Denmarke Sweueland Poland Germanie Rhetia Vallis Tellina the nine Cantons of Switzerland reformed with their confederates of Geneua of France of the low countries and of Scotland in all points either of substance or of circumstance disciplinated alike Nay they neither are can be nor yet néed so to be séeing it cannot be prooued that any set and exact particular forme therof is recommended vnto vs by the word of God And therfore maister Deane of Paules in the said * Ibid. pag. 16. booke saith that one end of so manie counsels gathered so often in the primitiue church was this to make canons For the externall gouernement of the church which had not néeded if such a perfect platforme had béene deliuered thereof in scripture as some men vainelie blunder about And I verelie doo persuade my selfe that he being a man yet liuing and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church whereof he is no inferior member himselfe and being best able to interpret his own meaning would if he were demanded quicklie conuince this man of factious and slaunderous wresting and racking of his words And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline let him first by some proofe out of scripture or ancient writers approoue vnto vs if he can the debarring of the ciuill magistrate from all gouernment in ecclesiasticall causes and a presbyterie or segniorie consisting most of laie persons yet both of them practised by some churches which he and his clients most admire and as he shall deale in these he shall haue more of our worke of like nature which peraduenture will trouble the sconses of all the new discipline-framers we haue to auow by good and substantiall proofes Now vpon the quite ouerthrowe as he wéeneth of the discipline of this church of England he laieth foorth in behalfe of all inferiour ministers an action of wrongfull detinue for I thinke he will not saie it is but nouell disseisine against Our Bishops and archdeacons for challenging all punishing of malefactors within their seuerall iurisdictions If it be their iurisdiction by law why may they not so doo Forsooth bicause They permit not the minister to exercise any discipline at all Yes truelie as was touched afore they doo and may execute the discipline of declaring by doctrine according to the word of God mens sinnes to be bound or loosed and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes which are not the least parts of discipline which is as much for auoiding of intollerable inconueniences which otherwise would ensue as is expedient to be attributed vnto euerie one and so is it all which the law dooth enable them with as may be easilie gathered out of the verie same demand of the Bishop for at the latter end thereof it is said So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same so that the discipline which the minister is to execute reacheth no further than to Teach his parish with all diligence to kéepe and obserue so much of the doctrine sacraments and discipline of Christ as apperteineth to them And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue other why is it said by S. Paule excommunicating the incestuous Corinthian Absens decreui being absent I decréed 1. Cor. 5. seeing they had ministers of their owne and willed the denuntiation of the said excommunication afterward to be doone openlie in the church And at the time of his absolution Paule being absent saith To whom you forgiue any thing I forgiue also Likewise speaking of the anathematisme of Hymenaeus and Alexander I haue giuen 1. Tim. 1. them vp vnto sathan not naming either their owne minister or anie segniorie But we must yet a little followe our author leaping backe for Another reason to prooue that This statute hath appointed the discipline of Christ to be ministred as the Lord commanded onlie and none otherwise which we will easilie grant him vnderstanding it in a generalitie not as though euerie particular ceremonie rite or circumstance of externall policie if they had beene as they are not in scripture mentioned but being not commanded were at an inch to be followed For else how could the primitiue church without any prescript word I doo not onelie saie haue brought in a new ceremonie but haue altered the sabboth daie by God appointed at the first and being our saturdaie vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie and with vs sundaie or yet the time of receiuing the sacrament of the eucharist being according to the institution vsuallie receiued after supper to haue it receiued as it is in the morning fasting His reason for the proofe of this conclusion I gather vp thus If this part of the booke doo not abrogate all discipline vsed in time of poperie amongst the idolatrous priests as well as their false doctrine and prophanation of the sacraments then dooth it ordeine nothing but it dooth ordeine something or else it were an absurd law Ergo it abrogateth discipline vsed in poperie If this conclusion were granted yet his matter he hath in hand would not here vpon be prooued to wit That therefore discipline is no otherwise to be ministred than the Lord Christ hath commanded But I haue shewed afore this Minor to be false and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline more than they doo for the doctrine or sacraments which were prouided for by other acts and not by these words which were indéed absurd once to be imagined Also his Maior foloweth by no consecution for it might haue béene that those words had ordeined something and yet not to haue abrogated all the discipline vsed in poperie except it had by him first béene shewed that the same was contrarie to the commandement of the Lord and otherwise than this realme hath receiued it Which being not prooued we may conclude that he hath in all this section plaied vpon the Petitio principij a fallacie not fit for his person pretending some learning and too plaine for a man to be ouerséene in And therefore in his conclusion hereof he might haue spared his vehement expostulation of Open wrong and intollerable iniurie by the cheefe A proud and insolent terme full of pharisaicall contempt prelats for denieng to the saints of God the discipline they call for c. But if
sirra are you gone so soone my meaning is not that you shall take him away or haue any vse of him except vpon your desert I shall thinke good to ratifie this my figt vnto you vnder my hand and seale hereafter may I thinke you herevpon be so bold as of mine owne head before I haue his hand seale to breake open a gap in the hedge and ride awaie with him Truelie how he would take it I know not but I feare me my mistresse his wife would thinke me verie hastie vpon so slender a warrant to ride awaie with his graie ambling gelding and peraduenture I should fare the woorse at his hand also for my snatching Whereby he may sèe that this is but a Wrest of a gooses quill indeed not fit to set these Iars and ods in tune according to his purpose which differeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 srom the true meaning of the canon and iniunction The reason he bringeth if onelie By the licence to preach authoritie therevnto were giuen that then the making of a minister without a congregation should hereby be committed vnto the Bishop dooth no waie follow sèeing that preaching is neither the onelie office of a minister neither dooth the booke of ordering authorise simplie euerie minister as afore hath beene shewed but such as shall be So appointed whereof the * Art 8. iniunct Râ—g iniunction declareth the particularities for how can it appéere to others that he is licenced but by writing And in like sort is that reason out of the Eight iniunction Bicause ministers are inioined to suffer no man to preach within their cures but such as shall appeere to them to be sufficientlie licenced therevnto Ergo speciall licences to preach are onelie for men to be admitted to preach in other mens cures The reason of which consecution must néeds be this A man may not without licence preach in another mans cure Ergo he may without licence preach in his owne which is apparentlie grounded of no reason A negatione vnius disparatorum ad positionem alterius non valet argumentatio As if he should reason thus None but a freeman of Yorke may vse any trade in that citie therefore without any fréedome a man may doo it in the citie of London Or thus Whosoeuer denieth our author to be a puritane saith true but whosoeuer saith he is a foolitane denieth him to be a puritane bicause that he himselfe hath made an antithesis betwixt them Pag. 91 Ergo whosoeuer saith he is a foolitane saith true His other reason out of the iniunction which saith No other shall be suffered to preach out of his owne cure than such as shall be licenced Ergo euerie one in his owne cure may preach vnlicenced dooth no waie follow by the rules of Logike For licenced and vnlicenced in his owne cure and not in his owne cure are no contraries but contradictories which beginning with the vniuersall negatiue admitteth no consecution but his own contradictorie with a negation as thus None vnlicenced may preach out of his owne cure Ergo some not vnlicenced that is licenced may preach out of his owne cure Yet I grant the lawe admitteth diuerse times such reasonings and they are called A contrario sensu and grounded vpon this rule Quod * 32. q. 1. c. dominus exceptio firmat regulam in casibus non exceptis an exception dooth giue strength to a rule in cases being without the compasse of the exception whereof there be diuerse examples in the ciuill law insomuch that it is called by Papinian a 〈◊〉 1. § huius rei Fortissimum argumentum in one place Yet notwithstanding it hath diuers ff de officio eius cui maÌ„d est iurisd l 20. § mulier ff de testam l. 8. § si ignorantes ff mandati L. 3. §. prima verba ff de sepulchro vio l. 26. §. cum inter ff de pactis dotalibus limitations wherein it dooth not hold and namely b l. 2. §. fin ff de donationibus L 6. ff de condicti causa dati L. 1. §. quod vulgo ff de vi vi arm l. vlt. §. fin ff de iuris facti igno where the mind of the law-maker is otherwise as where it is put onelie by waie of exposition and not condition or c Instit de haeredita quâ— ab intestato §. 1. where the law dooth otherwise specially dispose as in this case it both hath béene afore shewed sufficientlie and appeareth also by the fourth iniunction where it is said they shall preach in their cures Once at the least in euerie quarter of the yeere in their owne persons being licenced especiallie therevnto as is specified hereafter that is to saie as is in the eight iniunction either by hir Maiestie one of the Archbishops for their prouinces the Bishop for his diocesse or by the Queenes Maiesties visitors to which we may adde or by one of the vniuersities of Oxford or Cambridge their privileges since that time being by act of parlement confirmed wherof this is not one of the least And lastlie it holdeth when the like reason is in d l. 14. §. 1. ff de seruo corrupto both the contraries as it is in this point For there is as good reason that a minister should be forbidden to preach in his owne cure as in another mans if he be not able to deliuer sound doctrine in that forme as such high mysteries ought alwaies and in all places to be handled The other argument brought in the last place Whereas in king Henrie the fourths time restraints were made for preaching and yet none were forbidden to preach in their owne parishes that therefore in their owne cures none now are or ought to be forbidden is a verie féeble reason First there is a great difference betwixt Not licenced and forbidden Againe Viueudum est we must liue according to our owne lawes now and not by examples forepast Further it commeth néerest to a reason A simili but then it should conclude that as they ought not so neither ought we And not thus They did not forbid it therefore we may not forbid it And here also he driueth vs like water spaniels to séeke out once againe where we may find that which perhaps he was not willing we should hit of But first I would obserue if it were not vsuall with him Theonino dente rodere his disloiall and vndutifull carping at hir Maiestie and hir lawes where he saith The verie same lawes were established Distoiall speech against hir Maiestie against Wickliffe and his brethren to staie the course of the gospell hauing spoken afore immediatlie of hir Highnesse iniunctions Secondarilie I find by the perusall of the * Const. prou 1. de haereticis verb. si tamen constitution it selfe that he hath cut it off by the waste in that which most directlie maketh against him For in the next words following his first allegation is adioined
Latet anguis in herba There is a pad in the straw The next answer that if the Bishop susteine any hurt by refusing to admit to a benefice an insufficient man the blame is to be imputed vnto no man but himselfe which ordeined him is the same with that answer whervpon he afterward relieth though here he saith He will let it passe Lastlie he telleth vs he will also let passeth exhortation which the Bishops canons doo prescribe to be vsed vnto patrones to persuade them to bestow their benefices sincerelie and vpon sufficient men which indéed he might with better discretion neuer haue named For alas is the Bishop giuing a good and wholesome exhortation to the patrone to be found fault with bicause the patrone hauing his hand on his halfepenie will not suffer himselfe to be persuaded by him to doo as he ought But he alledgeth in defense and fauor of a Patrone presenting an vnlearned man to a benefice that he is not to be blamed by the Bishop but himselfe is to be chieslie burthened and blamed who ordeined such a one minister and the rather bicause The benefice is due by reason of the office Yet the Bishops blame and reprehension cleareth not the patrones couetousnesse his want of zeale to haue the people as well taught as he might his theft his sacrilege his simonie his abbetting and procuring of another man to be periured for his owne lucre For there is none of them so simple but they well know that these are thus by law condemned And what by themselues and what by others at least when the Bishop vpon examination dooth find it so they might take knowledge that a more learned and sufficient man might be easilie procured who would accept it thankfullie which bicause the patrone cannot breake his fast with he therefore will not be remooued from him that hath most slender gifts of mind bicause such a man hauing little else to commend him will be content to depart with the greatest gifts to the patrons pursse and kitchin And yet may it not fall out that the Bishop vpon good consideration may refuse to admit him to a benefice whome he hath afore receiued into the ministerie For perhaps he may be fit for some small charge and liuing which a man of greater gifts will not accept of though he be not fit for a more populous parish being a sufficient maintenance for a more excellent man Or else it may be he hath not from the time of his ordering bene so painefull in his vocation or so warie in his conuersation as were requisite whereby he might deserue a better place So that this is not so generallie to be verified as he here doth that Whom a Bishop hath reputed meet vnto orders him he ought also to thinke meet vnto anie benefice For what if a Bishop of another diocesse did ordeine him for some meaner place of charge which else might haue bene wholie destitute of administration of anie sacraments or else his predecessor in that place â—ay not he neuerthelesse vpon a Glo. c. cum secundum Apostolum ver liceat Ext. de preb dign examination finding his weakenesse for the place which he is presented vnto with good reason and by law reiect him Yes verelie And what b Gl. d. c. 1. aetat qualitate gl in c. accepimus ver examinari d. if some new matter haue fallen out since his ordering worthie to be looked into Trulie the like iudgement is to be giuen as before Likewise a minister may be newlie examined and vpon cause sufficient also reiected from obteining a benefice euen by him that did ordeine him if he were c Gl. d. per c. ad haec Ext. de offic Archid examined but by his archdeacon afore to the which d Gl. d. per c. nihil est c. venerabilem Ext. de election examination the Bishop is also bound Againe e Gl. in c. accepimus ver reputare Ext. de aetat qualit they that haue tolerated in an inferior office a man criminous may neuerthelesse take exceptions against him when he is to be higher preferred And laftlie it is no strange matter to affirme f L. relegatorum §. vlt. ff de interd relegatis c. nos consuetndinem dist 12. c. scripâ—um est Ext. de elect that a man may lawfullie reteine a place of lesse estimation which yet ought not to be preferred to a higher By all which may appeare by how manie meanes the Bishop by law may be exempted from iust reprehension though a clearke being made a minister by some Bishop and peraduenture by himselfe be reiected from obteining some benefice And hereby also the finall reléefe appeareth which couetous patrones are like to catch by this his cold apologie for them Yet we may to good purpose obserue our authors endeuour who when ignorant ministers are once ordeined whom he thinketh no ministers at all yet in fauour of simonie for gratification of corrupt patrones and to loade Bishops with all the blame can be content to plead thus for their placing in Benefices whome a little afore he would not haue intituled to the Office of the ministerie in which onelie respect here he saith The benefice is due 50. Section Pag. 101 102 103. BUt he telleth vs in verie pittifull sort as sorrowing that they should be so misiudged that These couetous patrones are great beames in the eies of Bishops pluralitie men and non residents for feare that by simoniacall compounding with poore simple men the fat should be wiped from their beards which otherwise they would haue expected for themselues And if they be indéed so great beames in Bishops eies which yet they wish to be cast out as principall meanes for the fostering of an ignorant ministerie euen in those liuings which being entirelie emploied were sufficient to mainteine men of good and commendable gifts then are not Bishops so great mainteiners and cherishers of ignorance in ministers as he would in this treatise so often insinuate But whie they should maligne couetous patrones for feare any liuing by simoniacall compacts shuld be drawne from them I cannot for my part coniecture séeing they are not capable by ordinarie course of lawe of any such inferiour liuings And I pray you dooth the corruption of couetous patrones reach no further to the damage or hinderance of any but onelie of pluralists and non residents But he taketh that as granted and will prooue by the answer of a couetous patrone to This pluralitie man and non resident as it séemeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That the people haue no greater hindrance by an vnlearned man not preaching and hiring out his benefice vnder foote vnto his patrone than by a learned man not resident and not preaching hiring it out to his curate after a rounder rate The patrones demand to the learned pluralist is to this effect Whether it is not as lawfull for him to bestowe a benefice of his patronage
nothing at all to the qualifieng or rebating of the edge of Gods wrath against this detestable sinne of Simonie and church-robbing His other excuse or eleuating of the sinne of simonie by the good-will of the person may be * Aristot. 3. Ethic. compared to the good will of him that to vnlade the ship in a tempest departeth in a sort willinglie with his pretious treasure which with his owne hands he casteth ouer ship-bord to saue his owne life But the patrone he saith enioieth a Right in the church-liuing by couenants Right he can not haue to that which both Gods law and mans law dooth detest and the couenants are vnhonest being by law condemned and therefore by no law doo bind either of the parties but are méerelie void 51. Section Pag. 103 104 105. HEre he resumeth againe the obiection made in fauour of the Bishops who are supposed to admit insufficient men sometimes to benefices least by a writ of Quare non admisit brought at the common law the clearke reiected to the great vexation and charge of the Bishop should notwithstanding be admitted to the benefice And saith It is an obiection not to be obiected Truth it is that this obiection is not worth the obiecting and therefore he that tooke vpon him in behalfe of others thus to frame it if his skill had béene any greater in the common lawes than it is in the ciuill he would sure haue framed it better and with some more likelihood of probabilitie For the * Br. de quare non admisit Natura breuium vetus noua writ of Quare non admisit dooth not lie vpon the reiection of a clearke by the Ordinarie for insufficiencie onelie but where the Ordinarie refuseth to admit his clearke he hauing by action at the common law recouered the aduowson of the church against some that likewise pretended right vnto it And by the * Natur. breuium ibidâ—m noua natura breuiuÌ„ fol. 47. g. writ of Quare non admisit brought if the plaintife preuaile against the Bishop he shall not thereby recouer his presentment against him but damages for not admitting And * Ibidem liger f. therefore it is to be brought in that countie onelie where the refusall was made and not in the countie where the church standeth as in Quare impedit is required where the presentment is also recouered Yet this if I doo not mistake it may contrarie to our authors intention be hereof gathered that the Bishop which shall refuse to admit such a patrones clearke for insufficiencie peraduenture as hath recouered against another man the aduowson and right of patronage of a church may vpon this writ of Quare non admisit be cast in irrecouerable damages though the clearke doo not thereby procure his institution So that we sée the Bishop which shall reiect an insufficient clearke besides the charges and trouble he may be put vnto vpon a Quare impedit yer it come to triall before the Archbishop is not otherwise cleare from all danger in this behalfe though both by ciuill canon and common law as he saith the examination and iudgement of a clearkes sufficiencie doo apperteine to the cleargie Yet the first place which for proofe hereof he bringeth out of the Autentikes Col. 9. hath no such matter but onelie sheweth in some part what kind of men such must be as are to be assumed for clearkes Likewise the last place out of the common law alledged speaketh of a clearke reiected not as insufficient but as criminous not mentioning at Impertinent allegations all to whome the examination and inquirie of his sufficiencie dooth apperteine but saith onelie that a spirituall man may know his owne clearke But as not being sure of his grounds out of the common law which he standeth vpon and yet minding to be sure to deriue and conuey all the hatred and enuie of planting insufficient ministers vpon the Bishops he teacheth the Bishop to depose such a clearke for vnabilitie whome the common law hath thrust into a benefice against his will But dooth he thinke the reach of reason of so manie notable men in the common lawes to be so short as that they will be to seeke to find an Oliuer for this Rowland Or whome they haue by a iudgement at their law found to be sufficient shall they not be able to mainteine him in his liuing once gotten being called againe into question but vpon the same cause onelie But how can this deuise stand if our authors reason Inconstancie Pag. 101. afore brought were good and generall that Whom the Bishop hath reputed meete vnto orders them he ought to repute also fit for a benefice Or with that other paradoxe of his which giueth To all the people an interest in the election of their minister Shall not they haue also according to the rule of law an interest in his reiection and deposing And what if his insufficiencie be not so great as that the law will allow his deposition in that respect onelie according to that which to this purpose hath bene alreadie spoken although the Bishop might haue good reason to induce him to thinke him vnfit for the benefice which he was presented vnto shall he neuerthelesse otherwise than law will warrant procéed to his deposing Naie if this were tollerable the Bishop might with better pretense and lesse danger or trouble vpon finding him vnfit giue presentlie Definitiue sentence against him that he is no minister at all as our author hath learnedlie taught him and then would the matter be spéedily dispatched But yet further what if the partie appeale and prosecute euen till it come to hir Naiestie and make the Bishop the partie appealed in euerie instance as hauing done him the iniurie Nust not the Bishop be forced either to sit downe and yéeld or else to his intollerable charges to prosecute and perhaps in the end be ouer throwen and so paie charges also which the appellant hath defraied Iruelie if euerie Bishop should follow this plat and should séeke to depose from the ministerie whom our author iudgeth no minister for insufficiencie he had néed to be either indued with a Dictators power without all appeale or else to haue as much liuing as halfe the Bishops in England onelie to be expended in following these sutes in his owne onelie Diocesse ¶ Confess Ecclesi Helueti We condemne all vnmeet ministers not indued with gifts necessarie for a shepherd that should feed his flocke Howbeit we acknowledge that the harmelesse sim plicitie of some shepherds in the old church did sometimes more profit the church than the great exquisite and fine but something too hawtie knowledge of some others Wherfore we doo not reiect now adaies the good simplicitie of certeine so that they be not altogither vnskil full of God and of his word ¶ A necessarie Appendix concerning certeine points of externall policie and gouernement in the church occasioned vpon the authors speeches OUr author
hath told vs in his booke a Pag. 19. that Our cheefe prelats haue not yet abandoned the policie of the traitorous law-maker that it is perillous for the gouernement of the state of the Lords houshold and not meet for the Lords seruants to be guided by that they vse wilfull disloyaltie to the Lord that the procurations dispensations ceremonies non residence excommunications visitations paiments of oblations courts offaculties and licences are mainteined onelie by the popes lawes and are all popish b Pag. 19 20. that the applieng of that to good vses which hath beene abused dooth accuse the sonne of the most highest that he hath not dealt faithfullie in his fathers houshold by giuing them as perfect a law for the gouernement of his houshold by discipline as by doctrine c Pag. 20. that for their fellowe-seruants sakes they ought to be more fauourable to their Lord and maisters cause d Pag. 30. that they doo execrablie mocke and delude the Lord to his face e Pag. 35. that a Bishop and minister ought so to minister the discipline of Christ as the Lord hath commaunded though the lawes of the realme should not haue receiued the same f Pag. 36. that no discipline in truth can be said to be the discipline of Christ vnlesse it be indeed ministred as the Lord Christ hach commanded the same should be ministred that g Pag. 36. it is vtterlie vntrue to say that our discipline vsed in the church of England is in verie deed the verie same discipline which the Lord Christ hath commanded h Pag. 37. that the saints of God and loyall subiects to hir Maiestie calling for discipline commanded by the Lord and in truth established by the lawes of hir Highnesse empire haue open wrong and intolerable iniurie offered at the cheefe prelats hands i Pag. 20. that the law dooth indeed for them authorise that which the same law in appearance onelie approoueth for the other k Pag. 53. that the chéefe prelats are not so faithfull to the Lord as were expedient for them that they accompt not the Lords waies to be the best waies his counsels not to be the wisest counsels to interpret the meaning of the statute bicause they are such waies as wherein the Lords seruants applie themselues preciselie to walke and therefore ignominiouslie are termed Praecisians l Pag. 62. that the statutes of the realme giue to all the faithfull of the land an interest in choise and allowance of their pastors m Pag. 74. that at the entrie of hir Maiesties reigne the whole maner of the gouernement of the synagog should haue beene altered n Pag. 74. that at that time their lawes were vnaduisedlie translated from them vnto vs o Pag. 91. that they which be called Puritanes make conscience not to offend God in any small thing p Pag. 91. that for their conscience sake they are thought worthie to be whipped and excommunicated q Pag. 263. that it is a matter worthie inquirie whether the pastor of euerie congregation be suffered to execute the discipline of Christ authorised by Act of parlement r Pag. 264. that those who haue spoken touching matters onelie of discipline and ceremonies wherevpon before Bishops they are sifted with othes haue spoken or preached out of the word of GOD the truth of God touching the same s Pag. 227. that the freends of reformation are greater freends and mainteiners of hir Highnesse prerogatiue than the other be t Pag. 231. that the enimies of reformation are enimies to hir Maiesties prerogatiue u Pag. 228. that they onelie execute such iurisdiction as by popish constitutions or popish customes hath beene heeretofore annexed vnto their dignities and that by an vtter enimie to hir royall person state and gouernement k Pag. 238. that the popish ecclesiasticall law ought to be abandoned and as a froth or filth to be spewed out of the common-weale * Pag. 238. that hir Maiestie can by no meanes more honour the Lord than vtterlie to abandon all semblance of any gouernment proceeding from an enimie and traitor to his Maiestie z Pag. 239. that for the gouernement of the church we haue the perfect and altogither righteous law of God to rule the same by Also * Pag. 95. by waie of supposall he séemeth to doubt that the Lord hath not yet gratiouslie opened hir Maiesties eies to vnderstand all and singular mysteries of his testament that blemishes and blots remaine that aduersaries to the people of God doo hire councellours to trouble their building and deuise all the daies of Cyrus that the walles are to be reedified by some Eliashib that the church must yet tarrie some leisure and that it may be some other glorious worke is to be doone in our daies by hir Highnesse with infinite such like saiengs procéeding from the said puddle of pride faction rancor and disloialtie Wherevpon we may gather besides his vnthankefulnesse to God and vndutifulnesse to hir Maiestie by whose ministerie God hath singularlie blessed vs besides his boiling malice against the state ecclesiasticall his factious gréedinesse of innouation and his schismaticall titles of glorie laid with a kind of peculiar prerogatiue vpon those who impugne lawes vnder colour of their wished reformation that he is persuaded and so would haue others to be both that diuerse points of their new church-plot are by lawes of this land established which yet are kept from them by strong hand and also that there is some perfect exact and set order of all externall policie concerning ceremonies and discipline in all church matters prescribed by the commandement of Christ which is not yet by law established as it ought to be and from which in the meane time this church of England wholie dooth varie That he thinketh they are debarred of some thing which they wish and ought by law to enioy it may appeare partlie by some of his spéeches aboue mentioned but more plainelie * Pag. 92. where he calleth for certeine Orders and lawes to be put in practise which the magistrats haue made that such as speake for them preach for them call for them and write for them may be no more controlled c and that they may either be mainteined as lawes or else he and others be deliuered from their duties in desiring their execution and obeieng them which they could hitherto neuer be brought to obeie or like of And * Pag. 105. likewise where in the verie end of his first treatise he praiseth certeine Lawes as wholsomelie prouided against wilfull law-breakers Which lawes by him ment if they be declared in particular I hope they haue bene sufficientlie spoken vnto alreadie But if any of them which he so commendeth be parts of the Canon law then he is to be praised for a man of a good nature which after his furie being ouerpast which belike hath Dilueida interualla will
the least as is paid into her hanaper or were the Symoniacall person a pluralitie man and so depriued from all his benefices and Ecclesiasticall promotions her Nighnesse were then to haue the whole first fruits of all his benefices and promotions fortie times so much as she enioieth by graunting his dispensation And as touching the fees due for dispensations graunted for many benefices though the same fees may happily amount in some one yeare to manie hundreeds yet by meanes of the said dispensations her Nighnesse is empouerished yearely by mante thousands The oftener cuerie benefice or promotion is voide by resignation or depriuation the oftner to an other admitted vnto the same and the oftner doth her Nighnesse receiue the First fruits of anie such benefice Pag. 162 Now it is cuident that the conioining of two three foure or fiue thousand benefices or promotions vnto one thousand men by dispensations is a manifcst impediment to the auoiding of so manie incumbents from so manie benefices as which by death resignation or deprization of the saide incumbents might and were likely to be made voidt And so the said dispensations being an hinderaunce to the auoiding of benefices they must necessarily be also a verie direct meanes to keepe from her Exchequer that treasure that otherwise should ordinarily be brought vnto it And though by the death resignation or deprinatioÌ„ of euerie pluralitie man euery of his benefices be made void yet his said benefices are not so often made voide as otherwise they should be And therefore though her Nighnesse haue the first fruits of two three foure or fiue benefices in the handes of one Pluralitie man dying resigning or being depriued yet hath shee not the first of the saide beuefice so often as otherwise the might haue wherby her reue mues are lessened Since therfore for one maÌ„ to inioy many benefices by dispensatioÌ„ maintaineth couetousnesse is contrarie to the ancient Canons maintaineth ambition ministreth matter for a roaging a gadding a dissolute ministerie since it conueieth stipeÌ„ds due vnto many froÌ„ many vnto one since it is an hinder ance of residence and containeth perill of soules Since it is a kind of theft rauine spoile Since it is vndecent vncomelie Since it is contrarie to the good customes of the Church Since the honestie of the church therby is defiled the authoritie therof conâ—emned the truth of Christ troden vnder foote and loue banished Since among the rich Prelates and plurified men themselues strifes contentions â—raules and enuies arise and are nourished Since the fire of God his wrath is kindled against vs by them since it is against the lawe of nature repugnant to the lawe of God and therefore nourisheth a monster in nature Pag. 163 since it is against the weale peace profit and conseruation of the realme since it is against the vtilitic of the Church and that the nessitie of the Church requireth the cleane contrarie Since it is preiudicial and derogatorie to the iast Wils and Testaments of our auncestors since it is dishonourable and dangerous for her maiesties person and safetie since priuate necessitie and pouertie is no sufficient cause for the maintenance thereof Since the miserable penurie of our stipendarie Curates therby is made intollerable And againe since all these thinges are offensiue and that a Priuiledge so sonne as it becommeth offensiue and not exercised to the profit of many but to the will of one is forthwith to bee with drawen Since euerie Priuiledge ought to bee such that it damnifie none and since it forthwith looseth the name of a priuiledge if once it turne to anie iniustice since that nothing is more contrarie to naturall reason then that one and the selfe same man should take vnto himselfe diuerse stipends of the church in diuerse and farre distant places since it is against the pollicie of cuerie good common-wealth of man since it is contrarie to the gouernment of euevie good and prouident householder since it carrieth headlong the soules as well of him that giueth it as of him that taketh it to hell yea and since it is an impouerishing of her Maiesties treasure diminishing of her reuenues Let vs conciude for one man to inioy two or mo benefices by dispensation to be a thing altogether intollerable and vtterlie vnlawfull An answer to the second Treatise of the Abstract That dispensations for manie benefices are vnlawfull 1. Section Pag. 107 108. IF this conclusion for proofe whereof in this whole treatise he pretendeth to labour were granted vnto him as in part it ought to be though that be vntrue which he meaneth thereby might it not be said that either he knoweth not what he writeth or else willinglie spake vnproperlie to make the matter seeme more odious as though it were hoiden to be lawfull to dispense with a man for as manie benefices as he could procure For seeing in our common spéech howsoeuer the law more generallie dooth construe it a benefice is taken for a pastorall cure of soules ouer the people of some parish it is euident by the statute in that 21. H. 8. c. 13 The Abstractors discourse wholie inpertinent behalfe prouided sauing those that be of hir Maiesties councell which may keepe three benefices with cure of soule and hir Nighnesse chapleines vpon whom the may bestow what number of benefices the will that no man can be dispensed with to reteine Multa huiusmodi beneficia many such benefices according to the true proprietie of spéech yet some being so qualified as is required may be dispensed with to receiue and keepe Plura mo than one euen but two in all which cannot properlie be called Many except the matter were of great raritie Unto all which dispensations so by statute-law and act of parlement warranted both he and all the subiects in the land in * 4. H. 7. 10. the eie and construction of law are deemed to haue consented And therefore that he or anie other should call them Vnlawfull or presume to inueigh publikelie against them as he * Pag. 159. telleth by some to their great commendation both by speach writing and preaching to be practised whome therefore he calleth The Lords seruants I for my part can not sée how it can be excused from faction and great contempt Factious dealing against law of hir Maiestie and hir lawes Or else why may not I or anie other priuate man whosoeuer in like manner with as good toleration as he perhaps vpo my particular conceipt againsst some other of the lawes of this land take pen in hand and tell all the subiects in it that they are no lawes in déed as being against the word of God the law of nature of reason and of nations And thereby to giue a dangerous ouuerture and open window to the loofing of the ioints of all obedience to lawes and to turne ouer those matters which are to be debated with great moderation to fro onelie in the most honorable
li. 3. offic law of nature which commandeth man to doo good to man euen in that respect that he is a man and also bicause they are a part of our selues to the propugnation and bringing vp of whome we are taught by the liuelie examples euen of sundrie dumbe creatures f Li. 3. ca. 22. Birdes saith Lactantius almost of all sorts haue a kind of coupling in mariage and they defend their nests as their mariage beds they loue their brood whereof they are certeine and if ye put vnto them anie other than their owne they driue them awaie Beasts also for the rearing vp of their yoong will abide hunger and cold and will not be afraid to endure gréeuous blowes and wounds in their defense So that where Euripides saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Philustrat lib. 2. c cap. ◠Apollonius dooth iustlie reprehend him in that he should haue better said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bicause not to men alone but to all other liuing creatures their issue is vnto them as deare as their owne life Neuerthelesse we see by dailie experience how much this care of parents ouer their children not without good reason altereth and decaieth when the children are of that strength and discretion that they may well inough prouide for themselues In which respect emancipation of children being growen to yeares was also deuised Another part of the law of nature consisteth partlie in the repelling of danger and iniurie from vs and partlie also in the iust reuenge thereof And although some interpretors of the ciuill law being deceiued by the order set downe doo attribute the repelling of force to the law of nations yet * Dist 2. c. ius naturale Gratian directlie dooth make it of the law of nature It appeareth so to be by that which * In proëmio lib. 7. Plinie saith of beasts There is none of them but if violence be offered he hath anger in him and a mind impatient of iniurie yea and a great forwardnesse to defend himselfe when you hurt him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And * Pro Milone Tullie affirmeth this to be no written law which we haue learned but which we haue drawne euen from nature it selfe So dooth the * L. 3. vt vins ff de iust law also decide this matter of repelling of iniurie and defense of our selues agreablie to that which * Lib. 1. offic Tullie elsewhere to the same purpose noteth Who in the same booke likewise affirmeth that it is a chiefe office of iustice to hurt no man except we be prouoked first by iniuries and this reuenge of iniuries dependeth also and is strengthened by that law of nature which willeth vs to yeeld to euerie man that which is his owne which is done by benefiting the good and punishing the bad least impunitie should entise them and others to offend And that this is naturall we may gather by the like instinct in all beasts For the which cause * Plutarch li. de profectu morum Brasidas being bitten by the hand with a mouse did obserue this that there was no beast so little which would not séeke to reuenge himselfe being prouoked in which * Lucreti li. 5. respect it is said Sentit enim vim quisque suam qua possit abuti Cornua nata priùs vitulo quà m frontibus extant Illis iratus petit atque infensus inurget Yet notwithstanding vpon iust occasions men being wearie to become their owne reuengers and not able to reteine a meane in reuengement thought it best at last to runne to the remedie of lawes for the punishment of wrong and violence as that poet in the same booke testifieth Vpon which occasion though the lawes doo still permit according to the first law of nature a iust defense of our selues yet doo * L. 1. C. vnde vi they inhibit all violence offensiue and reuenge of iniurie to be vsed by vs for the which cause Baldus calleth that moderation of defense the triacle of those lawes which doo permit the repelling of force and iniurie with the like Also that law of nature concerning the succession of children in the goods and lands of their parents being reckoned by Gratian and reported to be a law of nature in sundrie places of the ciuill lawes is no lesse than the rest encountred changed and abridged vpon diuerse occasions by good and necessarie positiue lawes of seuerall nations By the * L. verbis legis 120. ff de ver signifi law of the Twelue rables which continued for manie yeares togither the fathers without any cause might disinherit their children In England it is prouided that the inheritance onelie shall discend vnto the eloest sonne and yet may the father also by sundrie meanes cut off all his children and kindred from the inioyeng of his lands and goods if he be so hardlie disposed Yea both by the ciuill law and common law if the father doo commit treason his children are deuested of his lands and by the one of them made vncapable also to take anie lands by discent from another Another lawe of nature which is reckoned by Gratian is the common dominion of all goods and lands without anie distinction of proprietie to this or that man by reason that the fruits of the earth in that searsitie of men in the beginning was innough and more than sufficient for euerie one But Gratian seemeth to misname the matter something where he affirmeth the possession of things then to haue beene common Which as as it could not possibly be so is it certeine that none without iniurie and breach of the lawe of nature might inuade the possession of that which another had first taken vp for his owne vse so long as he would so imploie it Except we will with Castrensis extend this cōmunitie onelie to vnmooueables as land and not to mooueables bicause such did fall to his share onelie which first did occupie them as he is of opinion Yet not long after and euer since as well vpon further increase of people in the world as for the auoiding of contention and for some punishment of such as otherwise by violence would haue liued idclie vpon other mens labours it was thought meet by generall good liking of all nations to bound out the dominions of euerie man in seuerall proprietie which course all the ciuill nations in the world at this daie doo inuiolablie and lawfullie practise notwithstanding the first law of nature were to the contrarie The next lawe of nature to these is * L. manumisones ff de iustitia that libertie and freedome wherein we are all borne and whereby a man may do what he list so long as he offendeth not In which * Iustit de iure naturali §. ius autens gentium respect the law saith that bondage and seruitude is contrarie to the right and lawe of nature Neuerthelesse it is verie notorious how from time to time it hath beene vsuall to
such souereigne is the lawgiuer himselfe or by presumed intention that they which made the law meant to yeeld power of dispensing with the rigor and extremitie of it vnto him in all * Arg. ex gl §. fina l. tale pactum ff de pactis such cases as by likelihood and probabilitie they themselues would haue dispensed with if they had bene in particular it ie opened and recounted vnto them at the first establishing of it But an inferiour vnto whom anie such authoritie is expresselie yet without full power and authoritie committed is to follow in all points the direction of his commission or where the same is defectiue the common positiue law concerning the ruling and guiding of such dispensations And this same presumed intention of the meaning of the lawemakers is the most proper cause that in my iudgement can be assigned generallie of euerie dispensation of this qualitie and condition Now when a c. si quis culpatur 23. q. 1. c. in pres de renunciat gl in c. ad aures de temp ord in c. 2. de maior obed Cynus Bart. in l. fin C. Si contra ius vel vtil Fely nu 60. Dec. nu 24. in c. quae in cccle Ext. de constitut a souereigne prince dooth dispense with any positiue law of man the lawe teacheth vs to intend and presume both that there is a cause why he should so doo and that the same cause is iust and sufficient insomuch that b Anchor cons 288. Fulgos cons 143. Loazes pag. 371. no proofe to the contrarie of this presumption may be admitted as some doo hold but if he doo dispense with such a law of man as hath some necessarie and neere coherence with the law of God or of nature as for example sake we may assigne lawes for distribution of almes and other beneficence to the poore godlie bequests and deuises of the dead vnto good vses without a good and sufficient cause in déed though both the dispenser and he which is dispensed with in vsing of it doo in the inward court of conscience and before God offend yet neuerthelesse that verie relaxation of the bond there of being onlie of man shall stand so farre foorth good and effectuall as that the acts c Fely vt supra nu 6. Bart. post gl in l. relegati ff de poenis which by vertue thereof are doone shall be in the court of man auailable and not to be impugned Yea by the opinion of some verie well learned such acts doone shall be of force d Syluest rer Papa que 15 euen in the inward court of a mans soule and conscience For example wherof they bring a dispensation granted without any cause for the mainteining and sirengthening of a clandestine matrimonie contracted which is condemned iustlie by the law of man vpon verie good and pithie reasons And howsoeuer both the parties themselues saie they haue offended therin first in so contracting then in vsing a dispensation vpon no iust ground and he also that shall condescend to dispense with it being mooued with no good reason therevnto yet the matrimonie shall be of force and the issue thereof is in both courts legitimate And whereas a Fortun in l. Gallus §. quid si tantū ff de l. post some doo seeme to be of contrarie opinion héerein which thinke such a dispensation granted without cause not to enable any act to be of force which is done by vertue thereof their opinion is thought not to be sound except it be vnderstood of an inferiour that shall by commission haue a limited and not full authoritie from the souereigne to dispense b Innoc. in c. cum ad monasterium de statu regulaerium in c. dudū 2. Ext. de electio bicause such a dispensation from him cannot be of any validitie either in the one court or the other except it be warranted as procéeding vpon some good cause For we are not by law to presume and intend for the goodnesse and sufficiencie of the c Fely in c. que in ecclesiarum Ext. de constitut gl DD. in L. relegati ff de poenis est com opinion Loazes in loco citato cause for any dispensation passed by an inferiour not endowed with full power and authoritie vnlesse it doo so appeare indéed Now on the other side if he that hath authoritie be he souereigne or inferiour doo grant a dispensation without any reasonable cause about such a law as is méerelie positiue and hauing none immediate or néere relation vnto the law of God or of nature then albeit he in so dispensing d Ber. in c. non est Ext. de vnto Thom. 1. 2. q. 97. ar 4. dooth offend by breaking that right and equabilitie of the law intended to publike good and which is common to all in fauour of one yea and that without any iust cause of preheminence to him aboue other yet he that vseth such dispensation especiallie if it be without greeuous offense giuen and direct damage of others dooth not e Gl. in ver execrabilis Ext. execrab de praebend Fely c. ad audientiam 2. de rescriptis Gigas de pensi q. 6. nu 13. offend against a good conscience but may lawfullie inioy it bicause he is by the same authoritie deliuered from the bond of that law by the which he stood bound as is euident in the verie matter of pluralitie and dispensation which we haue in hand And according to these distinctions are all those things to be vnderstood which to like purpose here and there in this treatise as occasion was or shall be offered are by me vttered whereby the grounds and causes wherevpon all dispensations and exemptions may lawfullie and safelie be granted and vsed according to the more sound opinion of the best learned lawyers and schoolemen may partlie I hope with some plainenesse be discouered But if it should be asked in which degrée and sort of these three dispensations those for pluralities which by statute of the realme are committed to the Archbishop of Canturburie ought to be placed Truelie in consideration that both they and other dispensations by him to be granted are there so bounded for the matters themselues and for the persons though not for the maner of procéeding are so exacted of him to passe them where iust cause appeareth that if he shall refuse to dispense then this power and authoritie giuen by the whole church and the realme to him shall be deuolued ouer to others I cannot see but that they are to be reckoned either amongst those Dispensations of iustice which are conuersant about the positiue lawes of man or amongst such as be mixt of both 14. Section Pag. 129 130 131 132 133 134 135. HEere the Abstractor fansieth that he hath so battered vs with his canons that we must be forced to raise a rampier of our statutes to make vp the breach whereas in truth
the papist and other heretikes are suppressed and barbarisme is kept out will follow after a beggerlie and contemptuous cleargie when as by their liuing they shall be scarse able to find themselues and their families and therefore much lesse be able to furnish themselues with such bookes as are requisite to atteine vnto any exactnesse or maturitie in learning The lamentable experience of which decaie of learning by the smalnesse of church liuings some notable churches and common-weales of the other side do alreadie partlie féele but the wiser sort of them doo more feare to smart for hereafter And therefore where the Abstractor assumeth that the cause and reason wherevpon such dispensations were vsed dooth cease and would thereby gather that the effect should cease I saie that when he or any other shall haue prooued that not onelie some one cause thereof but all the causes and not * Arg. l. 1. §. sextan ff de postulando onelie the impulsiue but also the finall causes of it are ceased then as law willeth I must grant the act in that point to be laid on sleepe and not to be put in vre till some of the same causes shall happen againe But besides his owne assurances which are sure and good inough for anie such as will trust him vpon so sufficient securitie he inforceth this matter by the words Of a lawyer he saith of singular iudgement Whereas now for any thing we know of him at his hands he may be who he will peraduenture the famous Grangousier grand-father to prince Pantagruel or some such great renowmed clearke as he was said to be which first in this world deuised to plaie at dice with a paire of spectacles on his nose But it may be that one cause hereof was bicause he would not séeme to haue taken so much of Rebuff by waie of loane and vpon credit which yet is no blemish for such déepe lawyers as he and I are and another bicause he hath falsified FalsificatioÌ„ his author I know not in whose fauor by translating quid debet ecclesia Dei plurium nobilium vanitati vt patrimonio Iesu Christi dilectissimi sponsi sui c alat accipitres educat canes c thus What Shall the church of God the best belooued spouse of Iesus Christ c feed hawkes bring vp dogs c. Whereas in truth it is What dooth the church of God owe vnto the vanitie of manie noble men that with the patrimonie of Iesus Christ c it should féed hawkes bring vp dogs c. But the great learned lawyer himselfe whome he indéed meaneth euen Bernardus Diazius and whome * Rebuff de dispens ad plur bene 〈◊〉 60. Rebuff termeth a reuerend father dooth in the next words following declare that he directed this inuectiue Against husbandmens sonnes more vnlearned than their parents which Illicitis modis plura occupant beneficia by vnlawfull meanes doo occupie manie benefices and also against such which being neuer so cunning or how learned soeuer Doctrina sua nunquam Catholicae ecclesiae profuerunt nec prodesse curant yet did neuer by their learning profit the catholike church nor euer care to do good in it The peremptorie iudgement of Rebuff which he afterward alledgeth * Ibidem nuâ— 84. fol. 249. but wrong quoted is somewhat too sparinglie by him translated in that word Si perperà m concessa sit if it be granted vnorderlie whereas it should be If it be naughtilie granted And it is grounded vpon a false principle of poperie that he which breaketh euen the positiue â—â—w of the pope * Rebuff de dispensat ad plura benefic 〈◊〉 22. such as the prohibition of pluralitie is dooth as they terme it sinne mortallie euen directlie and immediatlie against conscience which is no small part of his Antichristianisme whereby he sought to sit in the consciences of men Yet thus much may be gathered of this saieng that where it is orderlie granted as law prescribeth there it carrieth not in his iudgement any danger with it vnto either partie the condition of it thereby ceasing 20. Section Pag. 161 162 163. BUt now hauing so substantiaslie as you haue heard ouerthrowne all dispensations he was belike afraid he should be iustlie called Corà m for inforcing so violentlie a diminution of hir Maiesties reuenues arising by the taxes of them To salue vp which sore he letteth all other faculties alone wherein hir Highnesse must at his request sit downe by the losse and for thrée of them that is Dispensations for simonie non residence and maniâ— benefices he dooth assure hir Maiestie vpon the credit of his arythmetike and auditorship that They are indeed a great diminishing of hir reuenues But albeit he laie out all thrée in his conclusion to be prooued yet he dooth not in his proofes once name the facultie of non residence which by no shadowe can preiudice hir Maiesties cofers And when he should descend to the casting foorth of his proportions and extraction of the root by the rule of Coss and Algebra he misseth the principall matter euen his taxes to worke vpon and leaueth in his Booke a blanke or a glasse window for anie such to glaze vp as come and will doo him that fauour so that Cùm desint vires tamen est laudanda voluntas The man was willing to haue doone somewhat if he could but haue told what to haue said That the facultie for Simonie commited is a diminution to hir Maiesties reuenues he prooueth supposing first the tax thereof to hir Maiestie to be in shillings whereas it is indéed in pounds bicause if the partie dispensed with for simonie were depriued for it then hir Highnesse should reape more benefit a great deale by the first fruits of the next incumbent than the taxe mounteth vnto But how is the Abstractor here become so strict laced as to call for their depriuing whose fault in waie of gratification of simonicall patrons he almost wholie excused in the former treatise The truth is this kind of dispensation is verie seldome vsed bicause most of those which are guiltie of that fault doo deale so closelie and are so iustlie doubtfull of obteining it vpon petition that they hold it better without opening of themselues to sit still quietlie Whereby it can not easilie be put in practise but where some not knowing the rigor of the canon herein which condemneth for simonie euen entreatie and meanes-making and that recompense also which is but conceiued in hart perhaps onelie in waie of thankfulnesse after so the same may vpon necessarie circumstances be gathered and therefore of simplicitie without corrupt meaning falling into it and fearing the malice of those which stand hardlie affected to them are forced for their further safegard to procure this facultie It may haue a good and a commendable vse besides where an old man meaning to resigne treateth in simplicitie with him which is to succeed for a pension according to lawe without the
the golden calfe and yet was not vpon his repentance put from his priesthood Likewise by Peter whose reuolt and tenâ—porarie apostasie in denieng his maister Christ was no lesse hainous than the sinne of our idolatrous priests who for the most part sinned but of ignorance in that generall blindnesse and to the like end also * c. vt constitueretur 50. dist ex Aug. ad BonifaciuÌ„ this example is else-where alledged Likewise Augustine afterward a famous Bishop was by the space of manie yeares a detestable Manichee as he witnesseth of himselfe Also Tharasius the patriarch in the councell of Meldis being the seuenth councell propounded thus to the whole councell Dooth * c. conuenientibus 1. q. 7. ex concilio Meldensi siue septima synodo it please you that those which haue returned from heresie shall reteine their former roomes The holie moonkes answered As the sixe generall councels haue receiued those which haue returned from heresie so doo we receiue them And the whole councell answered It pleaseth vs all And Basilius the Bishop of Anchyra Theodorus the Bishop of Mirea and Theodosius the Bishop were willed to sit according to their degrees in their seates And a little before the said Patriarch saith Behold manie bookes of canons of synodes and of ancient fathers haue beene read and they haue taught vs to receiue those which returne from heresie if there be no other cause in them to the contrarie And the glosse * Gl. 1. ibidem there gathereth the whole summe of that action thus They decreed that they who returned from heresie were to be restored to their former estate so that in writing they doo renounce the heresie and make proprofession of the catholike faith But those are not so to be receiued which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes Againe saith * c. quod pro remedio §. similiter ibid. the canon Likewise by dispensation in the verie councell of Nice it was decreed concerning the Nouatians that vpon their returne againe to the church they might be receiued to orders There is also * c. quotienâ— ibidem set downe the forme of an abiuration for a Bishop returning from schisme Further Leo * c. maximum ibidem saith concerning a Donatist Although Maximus was vnlawfullie of a meere laie man ordeined suddenlie to be a Bishop yet if he now be no Donatist and be free from a schismaticall spirit we doo not thinke good to put him from that Bishoplie dignitie which but so so he hath attained Mention * Daibertuâ— ibidem also is made of one Daibertus which hauing taken order of deaconshop of one Nezelon an heretike which also had none other ordination but of an heretike was a fresh made a deacon not that the order was reiterated but bicause he could not be said to receiue that at anothers hands which the partie himself had not Augustine * c. ipsa pietaâ— in fine 23. q. 4. ex August ad BonifaciuÌ„ speaking of the repentant Donatists saith Let them haue a bitter sorowe of their former detestable errour as Peter had vpon feare of his lie and let them come to the true church of Christ the catholike church their mother and let them be clearkes and Bishops in that church profitablie which before carried hostile minds against it we doo not enuie them but we imbrace them exhort them and wish it of them and whome we find in the hedges and high waies we vrge to come in And the Decretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function but * c. ad abolendam when vpon the finding out of their error they shall refuse presentlie and willinglie to returne to the vnitie of the catholike faith And touching such * c. omn. 1. q. 1. c. si qui presbyteri 1. q. 7. canons as in apperance at the first séeme contrarie the * c. nos consuetudinem dist 12. glosse verie truelie reconcileth them together saieng By common right none that returneth from heresie may be ordeined but such are dispensed with as when they are suffered to be preferred to the lower orders 1. q. 1. c. si quis haereticae The dispensation is full when he may be made priest but no further 1. q. 7. c. conuenientibus It is more full when he may be made a Bishop but not a Primate as in this place it is most plentifull when he may be promoted to all other dignities 23. q. 4. c. ipsa pietas Yea besides the continuall practise and custome of this realme euen in hir Maiesties iniunctions made the first yeare of hir blessed reigne of Priests then which had but small learning and had of long time fauoured fond fantasies rather than Gods truth which must considering the time then néeds he vnderstood of massing priests it is affirmed that Their office and function is of God and therfore that they are to be reuerenced And the * 13. Elza cap. 12. statute cléerlie decideth the tollerating of all priests in their functions ordered neither in the time of king Edward nor in hir Maiesties reigne so they publikelie did testifie before a time there prefixed their vniformitie with this church in matters of religion By the practise of our church after God had opened their eies to sée the truth they were not onely tollerated but some of them aduanced by our godlie Princesse to the highest dignities in it And God did not onlie singularlie blesse their ministerie towards others but vouchsafed the persons of some of them the crowne of martyrdome Euen in the reformed churches of France thought of all other by our men most strict and woorthiest of imitation such as had béene popish priests as may appeare were tollerated to continue their function and to reteine their benefices being conuerted to the gospell CoÌ„me * Pierre Viret in Decalog ie ne veux c. As I will not saith Viret at all condemne the tolleration vsed towards such for christian charitie sake and bicause they should not bee driuen to despaire so would I also desire they should vnderstand that they may not hold those goods with a good conscience except they labour to the vttermost of their power according to the estate whereto God hath called them to the edification of the church and the releefe of the poore whose goods they inioy And to this effect he also speaketh more at large in an epistle written to the faithfull And it is conteined in the * La discipline eccles des esglises reformes duroyaulme de France art 2 3. discipline set downe by all the reformed churches of France that Bishops priests and monks conuerted to the gospell from Poperie might be assumed to the ministerie of the gospell after the confession of their faults and errors and good experience had of their conuersation and doctrine The like may be said of other churches abroad
which for their first planting vsed the ministerie of notable men which before had béene Massing priests Naie it were a manifest abridging of hir Maiesties prerogatiue roiall to bind hir Highnesse hands by such Canons if there were any from aduancing men in all other respects fit for the vse of the church being against both hir Maiesties owne practise and hir most excellent brothers the vertuous K. Edward So that we may conclude the truth of his Maior proposition is as good and no better than his dealing in the allegations for the proofe of it was plaine and vpright 37. Section Pag. 74 75 76. THose things which I haue afore alledged conteining particular decisions of lawe contrarie to his absurd and vncharitable assertion against penitent sinners I trust may satisfie our author séeing for feare of a rule not generall and with more limitations against it than with it he is content to let go his former hold For he saith though Manie things are not to be doone of vs which being once doone must stand yet the Massing priests might neuerthelesse and ought to haue béene secluded From the ministerie at the entrie of hir Maiesties reigne So that it seemeth he alloweth of their tolleration now to remaine in their roomes though by the waie he accuse both hir Maiestie and the whole state then Accusation of hir Maiestie and the state for want of discretion as not performing their duties herein and of vnaduised translating of the canon lawes vnto vs. And here againe he sheweth his great skill in Law and Logike when he would both haue had the canon law then wholie abrogated and yet by that law he would haue had such as had sometimes béene Massing priests and conuerted to the gospell debarred from the ministerie The * c. sollicitudinem Ext. de appellat ibi gl ver tanquam aduersa remissiâ—e lawe saith He that alledgeth contraries is not to be heard Therefore to helpe vp the matter fullie on his side he surmiseth by waie of admittance that They are idolators still or that they doo keepe backe from the people the word of God and therefore are to be remooued And it is a maruell that his skill in law was not such as to haue alledged for proofe hereof full wiselie Semel malus semper praesumitur malus But who art thou that thus iudgest another mans seruant who either standeth or falleth to his owne lord And who if either Their insufficiencie negligence contempt oridolatrous hearts may be duelie found out wherewith he chargeth them are not to be tollerated any more Railing against orders of the church in respect of their conformitie to weare cap and surplesse by law prescribed which I doubt not but vnder their persons be here ment to make absolutelie odious than his clients are to be borne with who in contempt of lawe doo swing vp and downe at communion and else-where onelie in their side cloakes more like ruffians and drouers than sage and staied ministers in a setled church And where he goeth about to heale that which belike he feared would be obiected concerning the * 2. Kings ca. 23. ver 8 9. priests of the high places whome Iosias brought out of all the cities of Iuda and suffered them to eate of the vnleauened bread among their brethren he is but afraid herein of his owne shadow for he seeth there are other more pregnant places a great deale FaluÌ„ficatioÌ„ to this purpose But here he hath also falsified the text in making these Priests of the high places the Priests of Baal whose priests are indéed spoken of in the fist verse and by calling the Vnleauened bread by the name of Tithes and offrings And here also by waie of recapitulation of that which had béene spoken foure or fiue pages before he flingeth backe againe to inforce the remoouing of a minister for insufficiencie or negligence as well as men in diuers other functions are for the like to be remooued which his reason is answered afore And at the closing vp hereof as Orators doo when at the first and in the end they set their most forceable persuasions to leaue the déeper impression he allegeth thrée lawes belike as the verie cutthrotes of all A permission was * L. 12. si quis cterialis C. de Epi. Cleric giuen vnto Decurions by Theodosius the emperour vpon relinquishment of their goods to become clearkes Which the emperours following thought good to abrogate by calling backe publike officers and ministers which either in regard of the troubles of such functions of superstition and admiration of that kind of life or for the enioyeng of the immunities of clearkes would leaue their former roomes destitute and procure themselues to be ordeined clearkes in some great church amongst other But I sée not what this may prooue sauing that princes heretofore haue made lawes to bring backe ecclesiasticall persons from the seruice of the church which vnduelie and with for saking of their former vocation they vndertooke As for bond men which by their maisters consent first taking vpon them to be Moonkes all which were in those * c. a subdiacâ—â— no 93. dist daies laie men did relinquish their solitarie life afterwards and therefore were brought backe to their old slauerie least they should reape benefit and their maisters by such collusion be damnified I cannot sée to what end it is brought but to make vp a number and to range in a ranke with the rest His last allegation here is his owne collection and not the law it selfe in either of the places quoted which prooue onelie that infamie which is Infamia iuris is sufficient cause of remoouing a man from an office of credit and saie nothing of hindering him to aspire to such a place as is here alledged although the law be elsewhere as pregnant for the one as for the other And though this be true and to be applied also to ministers yet is it not by force of these lawes onelie but by vertue of other Canons especiallie prouided for that end and purpose 38. Section Pag. 76 77. HEre he rangeth still further and further from his issue which is that such a learning as enableth a man to preach and none other is allowed of by lawe in a minister and would now forsooth prooue our ministers to be no ministers at all for that they are not made according to the forme and maner which the law prescribeth That they are not so made he leaueth as yet vnprooued and taketh it of the readers liberalitie as granted vnto him which neuer ment to ease him of that paines The reason of the consecution if they be not in that maner and forme made and ordered as is appointed that then They are no ministers in deed and truth but onelie in shew and appeerance hereof he thinketh may be established bicause the statute saith Those which be or shall be made deacons or ministers after the forme and order prescribed shall