Extra ne cleric vel monac c. sententiam A Byshop may not bee a iustice of peace in cause of bloud SENTENTIAM c. Let no Clearke indite or pronounce a sentence of bloud neither let him put in execution any sentence of Bloude or bee present where it is exercised Neither let any clearke indite or write Letters to bee destined for the auengement of bloud Therefore in the courts of princes let not this care be committed to Clearkes but to lay men And agayne Extra de exces prelat c. extra EPISCOPVS cuius authoritate c. Abishop by whose authority manslaughter is committed is deposed from the ministery of the Alter and from his pontificall office and from the administration of his Bishopricke A Bishop eyther directly or indirectly giuing cause that manslaughter be committed the same being committed ought to be depriued from his Byshoply and Priestly office to be remooued from the administration of his Bishopricke And that this Chapter may not seeme sayth the Glosse to be vnderstood of manslaughter or murder vniustly committed or perpetrated these words are added in the Text Quia propter furtum quidam fur suspensus erat Because for theft a certayn theefe was hanged In the time of Henrie the second I finde that the sayde King gaue certayne Priuiledges and immunities vnto the cleargy the Tenor of which graunt ensueth Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI EPISCOPI c. The Archbishops Byshops and all persons of the kingdome which hold of the King in cheefe let them haue their possessions of the King as a barony and thereof let them aunswere to the Kings Iusticers and Ministers and let them follow and doe all the Kings customes and as other Baronnies so shall they be present in iudgementes of the Kings Court with the Baronnes vntill the matter come to the losse of member or to death By which priuiledge graunted vnto the cleargy as I suppose our Bishops at this day haue their seates in the Starre Chamber and are Lordes of the Parliament house For before the graunt made by this King it doth not appeare they had any such priuiledges the words of the king not ratifiyng or confirming any former graunt made by his auncestors and predecessours Kings of England as in all giftes of confirmation vsually is done but gratifiyng his Clergy and other of his subiectes by giuing them newe liberties and franchises whereof before his time they were not possessed for in the graunt there is no repetition or mention of an Inspeximus wee haue seene the charters of our father grandfather or great grandfather but here is a meere and absolute graunte deriued principallye from the kings owne person H. 2. Whereby I gather that these offices in Cleargy men haue not bene of any long continuance in England and that by the ancient laws and customs of England they do not properly belong vnto them onely the King by his prerogatiue hauing power to make Barons at his royal pleasure and to appoint Iudges in his Courtes at his gratious will hath by the same his Prerogatiue graunted vnto the Cleargy that which before time by the common laws of his Empire did not appertayn vnto them and that therefore as the common weale was gouerned iustice ministred and lawes executed in the Kings Courts by the Barons before the time of this graunt by H. 2. without the ayde and assistaunce of Cleargye men euen so might the common weale at this day be as well gouerned by the like gouernment without any help frō any of them as in deede and truth the same in matters of pollicye and greate state these 24. yeares hath bene wonderfully gouerned without them For which of the Cleargy men since the Lorde sealed vp the eyes of Queene Mary hath once set his foote within the Councell Chamber dore to consult with the Nobility of matters of state Which of them hath carried any sway or borne any stroake in the Starre Chamber otherwise then as the punie Baron there hath doone And if Archbish and Bysh may be spared in the Parliament house yea may not come into that assembly at all whensoeuer any statute is to be made touching felony or treason or the losse of any member or sheading of any bloud◠I see not but they may as well be spared in matters of possessions and inheritaunces and in other matters of state and pollicy whatsoeuer and so much more rather in these then in the former by how much more the life of man is more precious then all other earthly possessions or treasures And by howe much more the taking away of the life of an innocent is more odible and heynons before the Lorde in case it be not done according to his worde In which matters the diuines are fittest to bee consulted with and whose counsels are not to be omitted least life bee taken away where it is forbidden or death take no place where it is commaunded But be it so that our B. may pretend their iurisdiction in ciuill causes to bee more auncient then from the time of K. H. the second yea be it that they may deriue the same from Edgar or Canutus before the conquest yet because Canutus ordayned that the B. of the Diocesse should be present at the Courtes of euery shire onely to teach the people Gods Lawe as Edgar before him had appointed the Shirife to be present at the assemblies and Synodes holden by the Cleargy twise a yeare onely to teach the same clergy mans Lawe namely the lawe of the Realme They are not to boast of Antiquity for their iurisdiction in causes ciuill They haue beene appointed long sithence to meete in deede in Ciuill Courts but onely to exercise the spirituall sworde But were it so that by the Lawes of Edgar and Canutus they might seeme to challendge great regalities dignities and immunities yet they know that by the Lawes of the first King and last King of the most noble most highest and most holiest king the king of al Kings our Lord Iesus Christ whose vassalls in worde they professe themselues to bee they haue no such enfranchisemēts granted vnto them yea rather that they be precisely willed being ministers of the gospel not to be called Lords or to be deuiders of inheritaunces But we will goe forward For not onely the decrees and ordinances before mentioned against seculer iurisdiction and ciuill offices in Ecclesiasticall men haue bene made and published by the B. of Rome and his Legates or Messengers for the regiment of his Cleargy a kinde of people as he saith onely to be gouerned by such positiue lawes as proceede from his brest Ciuil gouernment forbidden by the ciuill law to ecclesiasticall men But the Emperour also by the Lawes of his Empire hath directlye and absolutely commaunded the same ALIVM AVTEM FIERI c. But we suffer not a Byshop or an elder in his owne name or in the name of his Church or ministery to be made a receiuer or
of lay men as in trueth it is already executed by lay men yet the Courtes of Arches and Audience and the Court of Delegates might remayne and continue still and as they ought indeede so they might in worde as well and better to bee called the Queenes Courtes of Arches and Audience as the Archbysh of Canterburies Courtes of Arches and Audience As conuenient for the Doctors to attend vpon the Queene as vpon the Archbysh And as good a sight it were as dutiful a part for my masters Doctoures of the Ciuill Lawe in their Scarlet robes to attend vppon her Maiestyes roiall person in case she passed thorough Paules as to attend vppon their Lordes grace his person And as touching euery other Consistory nowe called the Bpshoppes or Archdeacons Consistory for auoyding of confusion and many iudgement seates if they were vnited and reduced in euery Shiere or euery Diocesse to one consistorye it mighte lykewise haue the name of the Queenes Consistorye and the Courtes bee called the Queenes ciuill Courtes as wherein according to the natures and qualities of the causes before specified Ciuill Iustice might bee ministred and the Popish ecclesiasticall Lawe abandoned and as a froth or filth bee spewed oute of the Common Weale Her hignesse can not more gratify the Pope then by executing his lawe For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye as by authorising and practising his Lawes nor by no meanes can shee more honour the Lord then vtterlye to abandon all semblaunce of any gouernment proceeding from an enemye and Traytour to his Maiestye Neyther were it a Dodkin matter so little is his Lawe worth in her state and gouernment to haue all Bookes of her enemyes Lawes layde on a heape in Smithfielde and sacrificed in Fire vnto the Lorde her owne common and statute Lawes the Ciuill Lawe for the exellencye thereof receyued among all Nations and certayne prouinciall Constitutions made heretofore at her Auncestours commaundement haue for the moste part alreadye and where neede is speedilye maye haue sufficient matter in them for the gonernment of the Church and Common weale without any helpe from the Laws of the enemy of the church and Common weale Instit de iur natu genti ciui § sed quod The Lawe of a King is as it were the mouth of a King for that he alwayes speaketh by his Lawe And if wee suffer the Pope to speake amongest vs as a King doe wee not honour him as a King If wee imbrace his power doe wee banish his personne If you say that they bee not executed as his Lawes but as ours I aske you agayne why shoulde they at all be executed as oures For in trueth they doe lesse good vnto vs then an Herb-Iohn doth as is sayde in the Potage for that Herbe doth neyther good nor harme But these Lawes doe annoye vs vvonderfullye and they doe vs no manner of good at all They are altogether needelesse they are altogether Bootelesse I woulde to GOD they were altogether footelesse too For touching the gouernment of the Church wee haue first the perfect and altogether righteous Lavve of God to rule the same by Secondlye wee haue her Maiesties Iniunctions the common and Statute Laws of the Realme and the prouinciall constitutions conteyning in effect whatsoeuer ought in anye case by any subiect to bee practised within this Realme Touching the administration of Iustice in anye ciuill cause before mentioned and wherof practise is made in the ecclesiasticall Court there is nothing good in the whole body of the Canon Lawe concerning the same but the same hath beene culled out of the Ciuill Lawe it is but an Epitomy of the Ciuill Law The rules of the Cannon Lawe are for the most part rules taken out of the Ciuill Lawe onely there is this difference that by the Cannon Lawe a man in some case shall not in his whole life time get an end of his suyte as these parties that had a cause depending in the Popes Court twentye foure yeeres and yet in all that space Lis non erat contestata an issue could not bee ioyned wheras by Ciuill Law a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste or else the Agent becommeth non suite And if vppon cause the matter bee appealed after definitiue sencence the same cause of appeale ought ordinarily to bee ended within one yeare or vppon some iust cause extraordinarilye happening vvithin two years Otherwise the appeale is frustrate so that in both instaunces fiue yeares onely must bee spent in suit of law And nowe what reason is there that the Canon Lawe shold be still canonized amongst vs when it was ordeined that none should proceed in any vniuersity doctor of the Canon lawe I thinke the meaning of the ordinance cheefly was that leauing no hope of preferment to the professours thereof the thing being of it selfe so vile they shoulde loose no labour in the study thereof But I will conclude that in as much as by the Canons Constitutions ordinaunces and synodalles prouinciall made before the 25. yeare of Henrye the eyght Byshpos and all other Cleargy men are forbidden to be Vicountes Presydentes Iustices Stewardes Bayliefes gouernoures of Villadges Iudges Aduocates Assessors Tutors Gardians Ouerseers runnagates to seculer Courts farmers of temporall possessions receyuers of reuenewes present in anye place where mencion of anye processe or iudgement is to bee awarded agaynste anye man to the sheading of bloude And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication and not to neglect their office and to intangle them selues with worldlye businesse And for as much also as the Emperour hath vppon substantiall reasons and principles inhibited the Cleargy vnder his Dominions the like offices to the end there mighte bee no confusion of gouernment nor mingling of offices nor Iustice vnministred nor one to defraude another and for as much also that such Canons Constitutions ordinaunces and synodalles prouinciall before specified bee not contrariant nor repugnaunt to the Lawes Statutes and Customes of this Realme nor to the domage or hurt of the Queenes Prerogatiue royall but rather for the establishment of the same the same Canons beeing both founded vppon the Lawe of God whereby her prerogatiue standeth and is vpholden and confirmed by the Lawes of reason and nature and also ratified by the consent of Emperoures and nations that therefore these Canons constitutions ordinaunces and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight and that therefore it is vnlawfull for Archbishops bishoppes or anie Cleargie men to beare any ciuill office in the common wealth If any except that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices and that therefore these Canons were not then in vse and executed and therefore not in vse now or to
quo deponit As the quality of a Witnes is then to be considered when he is deposed Agayne Quando quaeritur de aetate quae est talis quae reddit personam inhabilem adiudicium exercendum Bene potest de hoc quaeri ante omne iudicium WheÌ„ there is any Question of such an age as maketh any person vnable to exercise iudgement this ought very well to be enquired of before all iudgement In like manner I say considering certayne capablenesse special ability by vertue of diuers qualities wherwith ministers ought to be indued is necessarily required to be in theÌ„ at the time of their ordering that therfore by law they ought not to be ordeined vnlesse the said qualities be founde in them at the time of ordering if any other preposterous order be vsed that therefore the whole actions are void frustrate For where by disposition of lawe a certain forme prescript order is limitted ther if any in uersioÌ„ or preposteration be vsed al is clean marred And why because you follow not the direction of your Letters patents you exceed the bounds of your commission passe the limits of your iurisdiction the Lawe making you adiudge to do that that after that and that manner You make your selfe no iudge by doing after your own fancy thus thus after this this manner without any coÌ„mission And where you were by a publike coÌ„sent of a publike magistrate made a publike person to execute a publike law you make yourself a priuat person by putting in practise a priuate deuise ff de recept arb l. non distinguendum §. de officio Non ergo arbiter quod libet statuere poterit nec in quaere libet nisi de qua compromissum est quatenus compromissum est Therefore an Arbiter cannot determine euery thing as he wil nor in what thing he wil but onely that thing whereof the compromise is made according to the forme of the coÌ„promise ff Si a non competeti iud l. 1. Iudex ad certuÌ„ reÌ„ datus si de aliis pronunciauit quaÌ„ quod ad eam rem pertinet nihil egit A iudge apointed to one special matter if he pronounceth any thing impertineÌ„t to the same he hath lost his labor ff de procurat l maritus Maritus id solum exequi debet quod procuratio emissa praescripsit A husbaÌ„d that is proctor for his Wife ought onely to execute that that his proxy prescribeth And the reason is this A learned Ministery commanded by the Ciuil Lawe Fines mandati sunt diligenter obseruandi The bouÌ„ds of a coÌ„mandement ar diligeÌ„tly to be kept Neither are the imperyal laws barren voide of the like holy functions but exhibit vnto vs the self same prouisions as before namely that men holy and religious men furnished with the best gifts graces shoulde be preferred to the sacred ministery Cod. de epis cler L si quoniam Nemo gradâ—… sacerdotis venalitate pretii mercetur quantum quisque meretur non quantum dare sufficit estimetur Let no man make marchaundize or buy the degree of a minister euery one ought to be esteemed by his merites not by his money Againe Authent De Sanctis episcop §. clericos coll nona CLERICOS AVTEM c. We doe not otherwise suffer Clearkes to be ordayned vnlesse they be learned haue a right faith and an honest life But if holy rules shal forbid those which are chosen by others as vnworthy to be ordayned then let the most holy Bishop procure to ordayne whomsoeuer he shall thinke meetest Note that by ciuil law a Bysh may not ordeine a minister vnlesse the people chuse an vnworthy man And thus common lawe prouinciall law ciuill lawe and statute lawe for our statute lawes haue ratified these lawes pronounce all with one voyce and one consent that our dumb and silent Curates and stipendaries haue no approbation or allowance no fauour or intertainment from them or by their authority Why What shall we say then or how are they allowed then I will tell you Certayne peruerse conceited and selfeweaning men soothing them selues and fostering their dotages and fonde affectious errours with these rules of law Non requiritur summa perfectio and that Sufficit mediocris scientia A perfect knowledge is not required and a meane knowledge is sufficient ff De aedil edict le Sciend § Illud le Si quis venditor Ex. cap. cum Nobis olim de elect Imagine these our Sir Iohns the very Asses of our schooles hauing approbation from some Bishop by whom they haue been tryed and examined to haue as they terme it Competentem quamuis non eminentem scientiam competent Though not eminent knowledge may notwithstanding the former prouisions lawfully take themselues for true ministers and be reputed by others for lawfull possessours in and to those places wherevnto they are admitted Answere to the obiectioÌ„ of a competent knowledge Whereunto I aunswere that the ignoraunce of these termes and wordes of law Namely Summa perfectio mediocris competens scientia Is the grouÌ„d of this errour And therefore it resteth briefly to vew what maner of learning and knowledge by iustice and equity of law may be and is reputed meane competent and sufficient for him that shall take vpon him a pastoral charge wherein also if our bare mumbling ministers shall be found culpable they are then by definitiue sentence on the part and behoofe of the law not onely to be adiudged guilty of voluntary intrusion into the right and possession of others but also to be punished for taking vpon them offices without any lawful calling IGNORANTIA MATER c. Ignoraunce the mother of errours is specially to be auoyded in the Ministers of God which haue taken vpon them the office to teach amongest the people of God Let the ministers therefore be warned to read the holy scriptures Paule the Apostle willing Timothie to attende to reading to exhortation of doctrine and alwayes to abide in them Let the ministers therefore know the holy scriptures let all their labour consist in preaching and doctrine let them edifie as well in knowledge of faith as examples of good workes The Ministers must know the Scriptures and preach Out of which chapiter these conclusions may be gathered First that ignoraunce of the word of God is especially to be auoyded of euery minister as before Secondly with what knowledge euery minister ought to be qualified 1 A teacher of Gods word must especially auoid ignoraunce 2 But a minister is a teacher 3 Therefore a minister must especially auoyde ignonoraunce Neither is here small store of little knowledge such as wherewith our reading ministers are furnished but such whereof expresse mention is made in this decree and may necessarily be concluded thus 1 Whosoeuer taketh vppon him the office of a teacher amongst the people of God ought alwayes to
attende to reading to exhortation and to dwell in the same 2 But the minister taketh vpon him the office of teaching amongst the people of God 3 Therefore he ought to attende to reading to exhortation and to dwell in the same 1 He that hath taken vppon him the office of a teacher amongst the people of God ought to bestow his labour in preaching and in doctrine 2 But a minister hath taken vppon him the office of a teacher 3 Therefore he ought to bestow his labour in preaching and in doctrine Wherevnto agree diuers other decrees following THe reason why a Prior shoulde haue knowledge and be learned is for that the lawe chargeth him with cure of soules Ex. de statut Monacho c. cum ad Monasterium § prior PRIOR AVTEM c. Let the Prior in comparison of the rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and word of doctrine he may instruct his brethren in that which is good and draw them from euill hauing zeale of religion according vnto knowledge both to correct and chastise offendours and also to comfort and cherish the obedient Out of which constitution I conclude thus à similibus ad similia From like vnto like 1 Whosoeuer cherisheth and comforteth the obedient to the faith and correcteth or improoueth the disobediēt must be mighty in word deed 2 But euery minister ought to cherish and comfort the obedient to the faith and to correct and improoue the disobedient 3 Therefore euery minister ought to be mighty in word and deed ANd therefore sithens both in this and in the former constitution the law maker abused the worde of the Lord and applieth it to haue the people taught false religion I meane popishe religion for that was the intent of the decrees And seeing the Chaplaine of the deuil applieth the truth to establishe his diuilish doctrine and vnder colour of verity were so carefull to feed the soules of them that beare his markes with errour superstition and false religion popishe religion Seeing I say the superstitious lawmaker was so carefull for his superstitious time Our chieffe Prelates who haue not yet abandoned the pollicy of this traiterous lawmaker as perilous for the gouernment of the state of the Lordes houshold ouer whom they chalenge the gouernement but with tooth and naile mainteine this his pollicy to bee a pollicy meete for the Lordes seruaunts to be guided by what can they aunswere in the defence of their wilful disloyalty to the lord in this behalfe The law which the enemy vnto the Lorde did make in the time of popery for maintenance of popish procurations popish dispensations popish ceremonies popish non residentes popish excōmunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same lawes and the selfe same ordinances to serue their owne turnes they turne to the maintenance of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demanded I coniecture wold be this namely that a law appointed by the aduersary to abuses hauing good groūds may be applied to good vses that it is not executed now any more as the popish law but as the law apertainīg to hir highnes crown and regall dignitie being established by the high Court of Parliament Wherin touching the former they sayd somewhat if the matter did consist inter pares and that the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as parfect a lawe for the gouernement of his housholde by discipline as by doctrine And yet by their leaues why then should not this law of the enemy last specified nay rather now there owne lawe hauing better groundes and better reasons for the validity thereof then the lawes mentioned before concerning their prelacies and dignities c. Why I say should not this be as auaylable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lyes to dehort now from popery as it was then from the Gospel to instruct men now in the true knowledge of Christ as it was then to teach men the knowledge of Antichrist to correct offendours now against piety and holy religion as it was then to correct contemners of impietie and prophane religion to comfort and cherish the obedient now to the faith as it was thē to comfort cherish the disobediēt to infidelity Paganisme Touching the acts of Parliament sithence they chaleng by them immunity for the cōfirmation of their abuses it were requisite for them to giue the seruauntes of the Lord leaue a little to chalenge as great a priuiledge by the same for the stablishment of the right vse of things thorow their default yet amisse out of frame with vs. If the cause of the former in truth verity be as good as the cause of the latter in shew semblance onely yea if it be farre better for theirs in truth is starcke naught and the lawe authorize for the one in deede that that the same law in appearaunce onely approoueth for the other If for their fellow seruants sakes they will not be more fauourable vnto their Lord and masters cause yet were it expedient for them to be intreated to be more fauourable to the iustice and equity of their own lawes then continuallye by placing vnable men in the ministery therby as it were accusing the same of imperfection and in sufficiency as though it tollerated any such thing when as in truth it doth nothing lesse euermore speaking as followeth Extra Cum de priuilegiis c. inter cuncctas § verum quia VERVM QVIA c. But because after baptisme amongest other thinges the propounding of the worde of God is most necessary vnto saluation whereby the hearers hearing that which is our victory be instructed in the faith be taught to flee thinges to be auoyded and to followe thinges to be followed by which such as by sinne are fallen doe rise againe we haue great care that such brethren be promoted which by sweet oyle of the worde may comfort our subiectes may forbid them sinnes may nippe the woundes of their sinnes by reprehension and may prouoke and induce them to purge and wipe their offences with bitternesse of repentaunce Vnto the execution whereof the knowledge of the lawe of God is required the integritie of life and soule is to be had For it is written Thou hast refused knowledge and I will refuse thee that thou be no Priest vnto me because the lips of the Priestes keepe knowledge and they search the law at his mouth For otherwise he can not as his duety is discerne betweene sinne and sinne c. All which decrees of themselues are plaine and sufficient inough to impugne and ouerthrow all opinions whatsoeuer vainely conceiued against the prouision and validitie of law
then when as the whole maner of the gouernement of the Synagogue should haue beene altered For as at that time their lawes were vnaduisedly translated from them vnto vs So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatiques and heretiques by the lawes of our religion and therefore not to haue beene admitted by the lawes of their owne profession Yea if they remaine Idolaters still or keepe backe from the people of God the word of God they are to be remooued still their ietting vp and downe in their square ruffling white philacteries or mumbling their mattens euensong are not so forcible to keep them in as their insufficiencie negligence contempt idolatrous harts are to thrust them out And yet no part of good wholsome and christian gouernment and pollicie chaunged For though Iosiah mooued by compassion beningly suffered the priestes of Baal repenting of their idolatry to receiue tithes and offerings with their brethrē the Leuites Yet he streightly charged them not to enter into the Lordes sanctuary to doe any maner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a B. an Abbot an Archd. an elder a phisition a Iudge an aduocate a Iailor a tutor a schoolmaster an Orator and a philosopher by iustice and equity of law for vnabilitie insufficiencie negligence or other defects ought to be deposed and remooued off from their roomes places offices and honours how should a pretensed minister onely intruding him self to an office of most high calling excellency and vtterly destitute of all giftes and graces fit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession inheritance Had the worshippers of the false Gods care that their idolatrous priestes should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seat in case we mayntain such to serue him in the ministery of his holy gospel as whose seruice the veriest Paynymes idolators woulde refuse to haue in their idoll temples Cod. de epis co cleri l. Si quis curialis l. 12. And though these be sufficient proofes to euery one not adicted to his own wil preferring the same to al reason that prohibitus clericari debet reuocari ad pristinū statū per manus iniectionē that serui vitā monasticā deserente◠ad prioris domini seruitutē restituuntur Cod. de epis co cleri l. serui one prohibited to be a clark ought to be reduced to his former estate by authoritie of the magistrate and seruaunts forsaking their monasticall life to be restored to the bondage of their former maister Cod. de decoren l infamia li. 10. de dignita l. Iudices lib. 12. And that Infamia non solum impedit praefici sed etiam remoueri facit a dignitatibus habitis And infamie doth not onely hinder a man to be preferred but also causeth him to be remooued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make the matter somewhat more plaine I haue thought good to reexamine the order and forme appoynted by the former statute for the making of Deacons and ministers that if vpon examination thereof also there do appeare such a defect by statute lawe as whereby our dumbe and idoll ministers be no ministers in deede and trueth but onely in shewe and appearaunce that then therevppon order may be taken by hir maiestie for the displacing of them and for the placing of other lawfull and godly ministers in their roomes For as the statute hath limited a certaine order and forme of making Deacons and ministers so hath it appoynted that all that are made according to that order and forme should be in deed lawful Deacons and ministers The wordes of the statute are these And that al persons that haue beene or shall be made ordered or consecrated Archbish bishop priestes and ministers of God his holy worde and sacramentes or Deacons after the forme and order prescribed in the sayde order and forme how Archbish bishops priestes Deacons and minsters shoulde be consecrated made ordered be in very deede and also by authoritie hereof declared and enacted to be and shall be Archbishops priestes ministers and Deacons and rightly made ordered and consecrated any statute law Canon or other thing to the contrary notwithstanding Which statute hath two braunches the one appoynting the forme and maner of making Deacons and ministers the other authorizing Deacons and minsters made ordered after the forme and maner prescribed in the sayde booke to be in very deede rightly and lawfully Deacons and ministers and so to be taken and reputed It followeth then that if the first braunch of the statute be broken and that the forme and order be not obserued that the second braunch can take no place for that in deede the validitie of the latter dependeth altogeather vpon the obseruation of the first For it is plaine and euident by lawe that if you woulde haue a seconde or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first prooue that the Precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the book be not obserued in making vnlearned ministers I say then that vnlearned ministers by lawe are no ministers at all And why ff ad leg fal l. si is qui. § quaedam Neque eum vllum balnieum aut vllum theatrum aut stadium fecisse intelligitur qui ei propriam formam quae ex consumatione contingit non dederit Neither can he be thought to haue made any bath or any Theater or any race who shall not giue it that forme which perfecteth the same Againe Vbi ad substantiam alicuius actus exigitur certa forma fundans se super alio actu debet quis probare formam precessisse Panor in ca. 9. extra de Iudicijs Where to the substaunce of any act a certaine forme is requyred founding it selfe vppon an other act ther a man ought to prooue the forme to haue passed before As for example In an euangelicall denunciation if thou seeke to haue thy brother cast foorth of the congregation First it is requyred that thy brother haue offended thee Secondly that thou priuately admonish him and brotherly wish him to amende Thirdly if he continue obstinate thou muste tell it him before two or three witnesses and if he heare not them then thou must tell it to the Church before whom if thou desire I say that thy brother by them should be cast foorth of the Churche thou muste first prooue an offence committed against thee by him Secondly and thirdly that you did both priuately by himselfe
maye dispence with the reason of the law or take away the soul life of the law so none may dispence with the law or take away the law Now for as much as it is not lawfull for all the Princes in the earth to change or dispence or take away the reasons and causes of the Lawes prohibiting many benefices Therefore it is not lawfull for them to chaunge or dispence or take away the lawes against pluralitites The reasons vvherevppon pluralities are forbidden are reasons taken from the lawe of nature and from the equitie of the lawe of God Institutio de iure nat gen ci § sed naturaliâ— but none can alter or take awaye the lawe of nature or dispence with the lawe of God therefore none can alter or impugne or dispence with the reasons of either of them For as the lawe of nature is immutable so is the reason of the Lawe of nature immutable and as the vvill of GOD is vnchaungeable Iam. so is the equitie of his Lawe vnchaungeable to If then naturall reason be the cause and soule and lyfe of a naturall lawe and the will of God the onely cause of the Lawe of God and his onely will the rule of all iustice vnchangeably none can challenge authoritie to change or dispence with the Law of nature or with the lawe of God but hee must foorth with challenge authoritie to dispence both with the reason of the Lawe of nature and with the pleasure and will of God And theeefore out of the premises I conclude thus 1 Wheresoeuer the cause of a prohibition is perpetuall there the prohibition ought to be perpetuall 2 But the cause of the prohibition against pluralities is perpetuall 3 Therefore the prohibition ought to bee perpetuall 1 Euery law grounded vpon the reason of nature the equity of the law of God is immutable 2 But the lawes prohibiting pluralities are grounded either vppon the reasons of nature or vppon the equitie of the law of God 3 Therefore all the lawes prohibiting pluralities are immutable Institut de iure natu gent. ciui § sed naturalia THe first proposition of the firste syllogisme hath bene prooued already the first proposition of the 2. syllogism is manifest Omnia naturalia sunt immutabilia All naturall things are immutable Iames. and there is no altering or shadowing by turning with the almighty The second proposition of either syllogisme shall be manyfested by that that followeth But first to aunswere the falacies before spoken of because pluralities are not forbidden by law positiue of man alone but prohibited also by the lawe of nature and by the lawe of God therefore it followeth that they may not be tollerated by law positiue of man alone And therefore if pluralitie men woulde fitly argue to conclude their purpose they should frame the same after this sort 1 Whatsoeuer is prohibited by the lawe of man alone the same by the law of man alone may be licensed againe 2 But pluralities are forbidden by the law of man alone 3 Therefore they may be licensed by the law of man againe THe second proposition of which syllogisme beeing vtterly false you see euidently wherein the conclusion halteth and the fallacie consisteth and therefore I conclude against them thus 1 Whatsoeuer is forbidden by the law of nature and by the Law of God the same cannot be licensed by the law of man alone 2 But pluralities are forbidden by the law of nature and by the lawe of God 3 Therefore they cannot be licensed by the Lawe of man alone And againe 1 Whatsoeuer ratifieth a thing monstrous and against nature the same may not be priuiledged by the law of man 2 But dispensations for Pluralities ratify monstrous things and things against nature 3 Therefore dispensations for Pluralities may not be priuiledged by the law of man THE seconde Proposition of the first Syllogisme shal be prooued in his place The second PropositioÌ„ of the last Syllogisme I prooue from the etymology or discription of a priuiledge or dispensation for a priueledge a dispensation in effect signify both one thing Glos lib. 6. de rescript c. vers in principio Extra de iudic c. At si clerici § de adulteriis Priuilegium dicitur quod 〈◊〉 contrâ—… commune in fauorem aliquarum personarum super prohibitis disponsatur quia permissa iure communi expediuntur prohibita vero dispensatione egent A priuiledge is saide to be that that for the fauour of certayne priuate persons commeth foorth agaynst common rightâ—… things prohibited are dispensed with because thinges permitted are dispatched by common right but thinges forbidden require dispensation By which discriptions of a Pryueledge and dispensation it is apparant that a Priueledge and dispensation for pluralities must license and authorise that that the Lawe against Plurality doth infringe and disalow and so be a Lawe contrariant and repugnaunt to the Lawe against Pluralities but the Lawe against Pluralities is the Lawe of nature and the Lawe of God Therefore a Priueledge or dispensation for Pluralities is against the Law of nature against the lawe of God a more monstrous law was neuer established Now that pluralities are forbiddeÌ„ by the Law of Nature by the lawe of God which was the second Proposition of my first Syllogisme I prooue thus All the reasons whereupon the positiue Lawe of man against Pluralities was first established are taken and drawne from the Lawe of Nature and from the Lawe of God The reasons and causes of the prohibition are these First the auoyding of couetousnesse of Ambition of Theft of Murther of Soules of a Dissolute a roaging and a gadding Mynistery the necessity of comlinesse and decency in the Church are speciall and primary causes for the prohibiting Pluralities but all these are forbidden or commaunded by the Lawe of God therefore the causes of the prohibition of Pluralities are grounded vppon the will of God and therefore immutable and therefore not to bee dispensed with Againe for one man to haue the Stipends of many men for one man not able to discharge his duety in one place and yet to haue many chardges in many places committed vnto him for one man to hinder another man from ordinary meanes to doe good to the Churche all these causes I say are seconde causes for the prohibition of Pluralities but all these causes are causes of reason and nature therefore by the Lawes of reason and nature Pluralities are forbidden and therefore not to be dispensed with no more then theft or murder or blasphemy may be dispensed with And if Antichriste thinke it Theft Rauine Couetousnesse Ambition Pride Murder of soules for one man to haue many Benefices without dispensation if Antichrist account the hauing of many benefices without dispensation to be a meete meane to maintain a roauing a gadding and a dissolute Ministery to foster extortion and vnlawfull gaine what shall the seruauntes of the Lorde Christe the sonne of the
precisely dissalowed cannot by the secōd branch of the same be generally approoued For how can one the self same law forbid and comand things so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vppon a lawe so contrary and repugnaunt vnto it selfe If the Archbyshop shall think that these two braunches may be reconciled that the meaning of the former maye and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtayned at that time at the sea of Rome for matters not contrary or repugnant to the law of God yet neither by this interpretation is the Archbishop truely intituled vnto any authoritie therby to dispence for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtayned at that time at the sea of Rome were obtayned for matters repugnaunt vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this statute flatly forbidden Which thinges our auncestors not thoroughly foreseeing neither duely examining for what maner of causes or matters licenses were at that time obtayned at the sea of Rome but onely in a generallitie inhibiting thinges repugnaunt vnto the law of God and neuer particularly describing what those things were but leauing the same wholy to the iudgement and discretion of one man the Archbishop alone haue fallen into two palpable absurdities the one that one man alone hath from time to time authoritie by his discretion to determine what causes are repugnaunt to the holy scriptures and lawes of God what causes matters are conuenient for the honour and safety of the King of England and what are necessary to be had for the wealth and profite of the realme three thinges of such waight and importaunce as the whole body of the realme at that time was scarceable to conceiue much lesse shall euer any one Archbish be able to practize The other absurditie is this viz. that by this statute soueraignity is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of Englande The wordes of the statute are plaine and euident But what reason is there for kinges and queenes of England to become wardes and pupils vnto an Archbishop of England Or howe agreeth it with the worde of God that a Christian king should in any sort be in subiection vnto his owne vassall Or what christian subiect dareth attempt to offer vnto his Christian soueraigne a tolleration For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the liberty of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a christian king neither a Christian subiecte be dispenced with For what man can dispence with the Lawe of God And in case the matter of dispensation concerne any thing appertayning vnto this life how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatiue For either he must bee dispenced with for breach of the positiue Lawe of this lande and haue the payne of Lawe remitted him by the Archbishop which were to set the Archbishops keyes aboue the Kinges armes Or els he muste purchase a dispensation that he may breake his Lawe which were against his honour and safety For saith the Emperour Digna vox est maiestate regnantis legibus alligatum se principem profiteri C. De le cōstit princ l. digna It is a worde worthy the maiestie of a ruler to acknowledge himselfe as chiefe tyed vnto the lawes Moreouer this case between the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes and customes of the Realme betweene the king and his subiectes For they remayne still the kinges vnderlinges and in deed giue but the kinges iudgements they iudge not the kinges person neither commeth any thing touching his person before them But dispensations from the Archbishop to the king concerne the kinges owne person The king in his royall person or by his proctor muste appeare in the Archbishops consistory he must alleage before the Archbishop sufficient matter whervpon the Archbishop but a subiect may be mooued to dispence with the King his soueraigne and finally the Kinges wisedome muste be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 Whatsoeuer is dishonourable and dangerous for hir highnesse person the same can not be conuenient for hir honour and safetie 2 But it is dishonourable and daungerous to haue the Archbishop to dispence with hir highnesse 3 Therefore the same is not conuenient c. WHich reason also maye as well be applied to disprooue the vnlawfulnes of the Archbishops dispensations granted vnto any of hir highnes subiectes as vnto hir highnesse owne person in as much as hir kingly prerogatiue and supreame gouernment in matters lawful by the holy scriptures is therby impeached The Arch. iurisdictiō only aduanced the surety of hir royal person peace of the cōmō weal il prouided for Againe sithence euery one of sound iudgement vnderstandeth the honour and safety of hir highnesse person onely and wholly to consist in the protection and safegarde of our most mighty and most gratious God and that nothing can bee so honourable and safe for hir highnesse as humbly and reuerently to attend and to submit hir selfe to the scepter of his word the execution of this statute by the Archbishop can not be but most inconuenient and perillous for hir highnes person in as much as partly through a corrupt construction partly by a synister iudgement not rightly discerning what thinges are repugnant to the word of God the sayde Archbishop dispenseth in causes and matters contrary and repugnaunt to the holy scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safety vnto hir highnes person And therfore hir highnes is humbly to be intreated to take the entier dominion and whole soueraignty due vnto hir by the word of God into hir owne handes and not anye longer to suffer such a blemishe to remayne in hir gouenement Had hir highnesse moste noble Father vnderstoode his kingly person to haue vndergone the Censorship of his subiect no doubt he wold as couragiously haue fought against an Archb. as he did against an Abbot Pouerty of the person no cause for a dispensatiō As
or positiue Lawe he were restrayned And therefore wheresoeuer eyther by violence or positiue lawe any one man in any one place vsurpeth power to excommunicate alone there the whole companye of the faythfull in that place is secluded from this franck ability to doe what it woulde in the spirituall seruice of the Lorde wheresoeuer I say this freedome is after this sort by a certayne violence or positiue Lawe wrested out of the power of the Church so that shee hath not free liberty to execute her will namely to banish from her society and fellowshippe all such as haue by their owne misdemeanour banished them selues from the obedience of the Lorde it must necessarily followe that therfore for one to excommunicate alone is against the liberty of the Church bringing the Church into extreame bondage and seruitude For as by the reason of the naturall man Seruitus est constitutio iuris gentium qua quis dominio alieno contra naturam subticitur Seruitude is a constitution of the lawe of nations whereby agaynst nature any man is subiect to the Dominion of another euen so by the reason of the worke of the spirite that without contradiction is to be reputed a spirituall seruitude whereby the Church of God contrary to the Law of God is brought vnder any straunge and forraine gouernment And therfore I conclude thus 1 Whatsoeuer is an ocasion that the Church of God is in subiection and bondage the same is against the liberty of the Church 2 But that custome whereby one should excommunicate alone is an occasion that the Church of God is brought into subiection and bondage 3 Therefore the same is against the liberty of the Church and if so then not lawfully prescribed and if so then no lawfull custome but a corruption THe first is prooued from the rule of contraries that whatsoeuer is affirmed in the one the same muste be denied in the other Ye were in bondage sayth the Apostle but now yee are free and therefore no more in bondage The second proposition hath beene prooued as well by the description of libertie as by the Etimoligie of bondage whereby hath been shewed the Church then to be at liberty when she may do whatsoeuer she will in the seruice of the Lorde according to the will of the Lorde And so consequently then to be in thraldome and subiection when she is bound to yeeld vnto that which is cōtrary vnto the wil of the Lorde And therefore in this respect also I may once againe conclude against the sayd custome thus 1 Euery custome which is against the liberty of the Church is a custome vnlawfully prescribed 2 But this custome namely that one should excommunicate alone is againste the libertye of the Church 3 Therefore this custome is vnlawfully prescribed BVt be it that this foresayde asserted custome were not to be reputed an erronious custome be it that the same were begun and continued by the consent and agreement of the Lordes people be it that it were not forced and violent but peaceable and without interruption be it that it were not vnreasonable and agaynst the lawe of God bee it that it were broughte in with the knowledge and consent of the Lord Christ be it that it were not agaynst the liberty of the church or against the power of ecclesiasticall discipline Though a Byshoppe might excommunicate yet a Bysh Commissary may not bee it I say that euery bishop a minister of the Gospell haue power to excommunicate alone shall it therefore followe that euery Byshops commissary or Archdeacons officiall a man not entred into the ministery a meere lay man as they cal him not capable of any such iurisdiction may do the like For though a byshop or an Archdeacon by positiue Lawe may substitute and depute another to execute iurisdiction vnder him yet notwithstanding by the same positiue Lawe hee is restrained from delegating the same to euery man without any difference or distinction of persons Extra de elect c. EPISCOPI EA QVAE SVNT c. Byshops may commit matters of iurisdiction as of iudgement excommunication and such like to others hauing no iurisdiction but notwithstanding they must bee such manner of persons as bee capable of iurisdiction but a lay man is not capable of iurisdiction Therefore hee may not excommunicate because custome can not worke that a Clearke no Byshop should exercise those thinges which are reserued to the order of a Byshop c. 10. Andre in c. ij de preb lib. 6. And the reason is Quia consuetudo non facit quem capacem because a custome maketh not one capable Euery byshop and uery minister by common right haue authoritye to preach the doctrine of faith and to minister the sacraments in his necessary absence may haue this duety herein perfourmed by another but yet neyther the Byshop neither the minister in his absence may leaue any one not called to some function in the ministery to preache the Gospell though the same partye were the godliest and wisest man in the whole country The Emperour may appoint Presidentes and Proconsuls in prouinces to be his deputies to execute iustice vnder him and in his name and the Pretor may appoint tutors and curators to pupills and orphanes but yet neither the one neither the other maye therefore appoint children or madmen or women to those offices The Lorde Chauncellour of England vnder her maiesty hath authority to place Iustices of peace in euery sheere yet can he not appoint a Spaniard or an Italian borne A bishop likewise as he himself by reason of his fūctiō the ministeri cōmitted vnto him by law positiue is made as he supposeth capable to excōmunicate so ought he to delegate the same his office only to one of the ministery not to a doctor or bacheler of law a meere lay man though he professe the gospel much lesse to a suspected or known popish doctour or bacheler of law a meere laye man too an enimy to the gospel For what authorty haue these kind of men ouer the ministers of the gospel Did euer Moses or Iosua or Dauid or Iosiah cōmanded any Ebrew not of the tribe of Leui to execute the priests office did Aaron or any his faithul successors euer supply their roomes execute their offices by one not of their owne tribe And if these men may not be foūd to haue done these things much lesse woulde they euer haue tollerated a priest of Baall or a Philistine no priest at all to haue entred into the sanctuary It was not lawful for Aaron or his Son Eleazer to cōmit the folding vp of the sanctuary vnto any of the family of the Koathites And therfore I say that a bishop or an archdeacō can no more cōmit the office of executing the disciplin of the Lord Christ to a lay man as they cal him or one that is no minister then he can cōmit the office of preaching baptising to one that is no
the magistrate therby hath lesse trouble in his office the common weal more florisheth in peace and prosperity Which difference were it well weighed without cauilling thorowly marked would soone decide this controuersy For hereby the former statute touching the exercise of ecclesiastical discipline by Doctors of the ciuile law meere lay men would clearly appeare to haue been made in a time wherein the truth was not so manifested as now it is For if euery man ought to confesse that it is vnlawful by the word of God for a king and Potentate no minister of the Gospell to excommunicate and so consequently vnlawfull to execute the office of a minister euerye man ought much more to confesse that authoritie giuen by man to a kinges vassall no minister of the Gospell to excommunicate and so consequently to execute the ministers office is an authority giuen vnto man againste the lawe of God and therefore both the lawe speedely to be repealed and the abuse in the meane time to be refourmed And therefore I conclude against that statute thus from the greater to the lesse 1 Whatsoeuer is vnlawfull for the king a lay man to exercise in the Church of Christ the same is vnlawfull for euery of his vassals a laye man to exercise 2 But it is vnlawfull for a king a laye man to exercise Ecclesiasticall discipline in the Church of Christ 3 Therefore it is vnlawfull for a Doctor of the ciuile law a kings vassall and a lay man to exercise the same BVT suppose this statute might in some respect be some excuse to Doctors of the Ciuile law ignoraunt of the word of the Lord yet thereby it followeth not that the bishops may in like sort be excused as wel for that they can not pretende any such ignoraunce they knowing the same to be against the word and not therefore to be practized as also for that they bee not precisely commaunded by the sayde statute to constitute and ordaine Doctors of the Ciuile lawe no ministers of the Gospell to be their Commissaries or officials but they may them selues if they will either reserue and keepe vnto them selues exercise iurisdiction and minister iustice by themselues or els depute such men vnto those offices as by law are capable of iurisdiction and may execute ecclesiasticall discipline according to the word of God I meane onely ministers of the Gospell But suppose againe that by force of this statute bishops were absolutely commaunded to ordaine Doctors of the Ciuile law to be their onely Commissaries and officials and that all sentences of excommunication and other ecclesiastical coertions exercised by the sayde Doctours meere laye men were good and duely and rightly ministred by force of this statute and so the Byshops by that meanes exempted from all iust reprehension in this behalfe yet what can be aunswered concerning the proceedings iudgementes executions and censures pronounced by meere laye men no Doctors of the ciuil law Bedell at Liechfield Liche at Chester Chippindale at Leicester Langeford at Bedford Glasier at Oxenford Greene at Glocester before they were Doctours of the ciuill Lawe mere lay men Talentine at Northhampton a meer lay man executed ecclesiasticall coertion discipline a long time Saye at Winchester Babyngton at Lichfield Hudson Dethick in the County of Yorke bishoppricke of Durham meere laye men no Doctors of the ciuile lawe execute and exercise Ecclesiasticall iurisdiction and all censures and coertions belonging to the same at this day And though it may be aunswered that some of these no Doctors were or be Deacons and so Cleargie men and therefore no laie men I reply though they were or be in deed Deacons and so one kinde of Cleargie men that they can not therefore excommunicate c. De regni iuris li. 6. ea Ea quae fiunt a iudice quae ad eius officium non spectant viribus non subsictunt Whatsoeuer things be done of a Iudge belonging not to his office the same thinges are of no force For let vs put the case that some Archdeacon or Chauncelor and yet no bishop had ordayned some man to be a Deacon pronouncing wordes apt to the giuing of such an order whether such a one be a Deacon I answere no because power to make Clearkes doth not belong to the order of priesthood vnlesse the ordayner be a Bishop Or suppose that a Bishop had graunted one an hundred dayes of pardon for some good worke that he had don whether this graunt by law be good Truely no. Because it belongeth to a Bishop onely to giue forty dayes of pardon and not an hundred In like manner I conclude though some in authoritie exercising ecclesiastical censure be Deacons yet notwithstanding that their sayde censure is in lawe no censure as a thing not belonging to the office of a Deacon but onely to the office of a minister There remayneth yet one other obiection namely that excommunication is not vsed as an Ecclesiasticall but rather as a ciuil punishment Whereunto I answere that such mē speak altogeather without book that by law they shal neuer be able to iustify their assertiō And vndoubtedly whosoeuer shal account excōmunication to be a ciuile punishment the same man is shrewdly to be suspected to be a priuie and subtil enemie vnto the Church for therby he excludeth all kind of punishmente from the Church And I include vnder Excommunication Suspension Interdiction and admonition For if Excommunication bee Ciuill then are these also ciuill and if these bee ciuill then what is Ecclesiasticall But such men by vndermining the Churche to mayntayne their owne corrupt abuses require some sharper medicine of pure ecclesiasticall Discipline to heale their vnciuill behauiour and therfore that excommunication cannot be a ciuill punishment I prooue this from the discription thereof ij q. 2. nihil §. euidenter ij q. 3. nemo Excommunicatio est extra cōmunionem ecclesiae separatio vel censura ecclesiastica excludens a communione fidelium vel est aeternae mortis damnatio Excommunication is the seperating a man from the communion of the Church or a censure ecclesiasticall excluding from the fellowship of the faythfull or it is a condemnation of eternall death And this kinde of excommunication is called the greater excommunication There is also another excommunication called the lesse excommunication and the same onelye seperateth a man from the receiuing of the sacramentes Moreouer excommunication is sayde to bee Paena animae mucro spiritualis A punishment of the soule and a Spirituall sworde By which discriptions it is apparaunt that both the greater and the lesser are belonging to the soule and conscience onely and therefore spirituall and therefore no ciuill punishment And therefore I conclude thus 1 No spirituall punishment is a ciuill punishment 2 But excommunication is a spirituall punishment 3 Therefore it is no ciuill punishment For euery ciuill punishment is eyther Poena pecuniaria or corporalis ff de pub iudic l. a punishment by
that drowneth him selfe with the waues of the worlde is to be remooued from his Ecclesiasticall ministerie 2 But euery bishop and euery Clearke that vseth ciuile iurisdiction to please the Potentates of the worlde drowneth him selfe with the waues of the world 3 Therefore euery bishop and euery Clearke that vseth ciuile iurisdiction is to be remooued from his ministerie IF such as seeme by coullour of lawe to iustifie the heaping of offices one vppon an others necke had known these constitutions no doubt though had they couertly desired an outward pompe yet neuer woulde they so openly haue maintayned a thing so manifestly forbidden so precisely disallowed by so many lawes A minister may more lawfully exercise an occupation then a ciuile office For the wordes of the Apostle Nemo militans Deo implicet se negotiis secularibus Are not onely applyed by the law to manuall trades and occupations as to be a plough man a marchant man a Baker or a Brwer but also to the cheefest offices vnder Kings and Emperors as of Vicounts Stewards Presidents Iustices of peace and such like for the law foreseeing that a B. or clergie man whose office ought to bee applied wholely in heauenly things thorowly to bee withdrawen from earthly things might not onely be hindred from executing his duety by beeing a Baker or Huckster or other handy craftesman but also by taking of him the office of a Vicount Steward or Iustice of peace these offices beeing of them selues sufficient for a whole mā to be imploied in vseth the reason of the Apostle as well against the one as against the other And in truth more properly and directly against the one then against the other in so much as if wee conferre other places of holy Scripture with this of the holy Apostles wee shall finde that it is tollerable for a Minister yea hee may exercise his hands in laboure and toyle of his body to get some part of his lyuing in case hee haue not by the congregation allowaunce sufficient to mainetaine his estate the same Apostle leauing an example thereof as appeareth to the Thessalonians 4. 3. Neyther tooke wee breade sayth hee of any man for naught but wee wroughte with our laboure and trauayle Night and Day because wee woulde not bee chargeable to anye of you And agayne Act. 20. 34. 35. You knowe that these handes haue ministred to my necessityes and to them that were with mee If therefore euerye minister so it bee no hinderaunce to his calling and that he haue no sufficient prouision may for the preseruation of him selfe family exercise some manuall occupation laboure with his bodye sithence wee finde not in the whole doctrine of the Gospell that any liberty is giuen to the minister to become a Magestrate Rom. 12. 7. but that euery one that hath an office is precisely commaunded to attend vppon his office euery one that teacheth to attend vppon his teaching euery one that exhorteth to attende vpon his exhortation and that by positiue lawe the selfe same is receiued and commanded to be practized as before in the title of dispensations hath been prooued I see not how he that laboureth to couple the offices of magistracie and ministerye vnto one man and altogeather to seuer an handy craft from a minister can by pretence of lawe or colour of anye reason iustifie his assertion the lawe grounding it selfe vppon the scripture as well for seperating and disioyning the former as for lincking and vniting togeather the latter Yea and the Bishops by their aduertisementes published in the seuenth yeare of hir Graces raigne and subscribed with the handes of one Archbishop and fiue Bishops hir highnesse Ecclesiasticall Commissioners haue ratified and authorized what laye in them the former lawes concerning the practize and vse of the latter Aduertisementes the last article Their wordes are these I shall not openly intermeddle with anye Artificers occupations as couetously to seeke a gayne thereby hauing in Ecclesiasticall liuing to the some of twenty nobles or aboue by yeare Therfore I conclude that an Ecclesiasticall person not hauing aboue twenty nobles by the yeare a small portion for a minister of the Gospell to liue by maye intermeddle with an Artificers occupation And if these great and learned Bishops thinke it a matter tending to couetousnesse for a poore minister to vse openly some handy craft in case he haue twenty nobles or aboue to liue by I thinke for my part whosoeuer shall saye that for a rich Minister openly to intermeddle with an office of ciuill magistracie to winne him credit and to procure him estimation is a matter tending to ambition and vaine glorye that he doth not in so saying slaunder the truth And I haue for the defence of this my opinion the lawes and reasons following 21. q. 3. Cyprianus IAM QVIDEM consilio Episcoporum est statutum ne quis de clericis Dei ministris tutorem curatorem testamento suo nominauerit quandoquidem singuli diuino sacerdotio honorati in clericorum ministerio constituti non nisi altari sacrificiis deseruire precibus orationibus vacare debeant Nemo enim c. It hath beene lately by the councell of Bishops ordayned that no man in his Tectament should nominate any Clearke or minister of God to be a Gardian or ouerseer for that euery one honoured with diuine priesthood and placed in the ministerie of Clearkes ought to attende onely at the Altar and Sacrifices and ought to imploy him selfe to prayers and supplications For no man warfaring to God intangleth himselfe with worldly affayres that he may please him vnto whom he approoueth him selfe Which thing the Bishops and our Predecessours vpon religious consideration and wholesome prouision haue thought good that no man departing out of this life shoulde nominate a Clearke to any wardship or ouersight of any pupils Here againe we see the counsell hauing respecte vnto the custome of former ages and times past applye the very same place of scripture againste the offices mentioned in this Chapiter and vouch it in plea as a barre against those offices in a minister which notwithstanding in their owne natures are necessary and very holy and wherevnto many excellent priuiledges and immunities be attributed the cause of a Testament by lawe beeing placed in the raunge number of holy and Godly causes And we know by experience that the wyser a man is and the more care he hath of his posterities well dooing the more prouident circumspect he is at the time of his decease to leaue the tuitiō of his infantes and disposition of their goods to men best knowne to him to be of greatest pietie sincerest religion such as Bishops haue beene accompted Neither are these offices onlye thus forbydden by Canon lawe the Popes lawe but also by Prouinciall constitutions of Englande made heretofore by the B. themselues in Englande at the commaundement of the Kinges of England
gatherer of charges belonging to the treasury or to take to him either publike or other mens possessions or to be a steward of an house or proctor in any cause of controuersy or yet to become a suerty in any such causes that by this occasion both no hurt be wrought against the churches and that the ministeries be not hindred By wâ—ich Law the Emperour we see vsing the authority of an Emperour and exercising his imperial power ouer the Cleargy within his dominions and regarding the peace and quietnesse of the Church and to keepe the Cleargy as well as the residue of his people in due obedience of his Lawes and within the compasse of their calling hath established these his owne lawes for them his owne subiectes to be ruled and gouerned by Neither staieth hee him selfe in the prohibition of these offices alone but proceedeth further further with the like De epis cler Auth. presbiteros EPISCOPOS autem velmonachos tutelam alicuius personae subire non permittimus And as touching Bishops or Monckes we suffer them not to take on them the ouersight of any Orphane And again the Emperour Iustine writing to Archelaus the chief of the pretory commanded thus Cod. de epist cler l. repentita REPETITA PROMVLGATIONE non solum iudices quorum libet c. Wee repeating our Proclamations think it good not only that the iudges of euery tribunall or iudgement seat but that the gouernors of the churches of this excellent City amongst whome this most filthy kind of proouing dead mens willes haue crept in before warned that they meddle not with a thing which by the disposition of our Laws appertain not in any wise to any other then onely to the Mayster of oure reuenewes For it is absurd yea rather an ignominy for Cleargy men to shew themselues cunning of common Pleadings And the trangressors of this ordinance we deeme shall be punished with the losse of fifty poundes of Gould The reason of which constitution may bee drawne from another Law of the Emperour wherein is prohibited the selfe same thing QVI SVB. c. Wee thinke that the deceite of these men ought to be met with who vnder a pretense of being Deans or collegiat men when they perfourme no such duety endeuour by reason of other chardges to withdraw themselues that none vnder colour of some one office which hee dothe not execute might be eased of the weight and burden of an office which by duety he should execute And againe the same Emperour saith Cod. de testa l. coÌ„sulta diualia Cod. de dona l. in hac l. secunduÌ„ diui ff de decurio l. seuerus ff de iure immunit l. semper §. sina ABSVRDVM EST. c. It is against all rime or reason that offices shoulde be mingled together without order or consideration and that one man shoulde catch a thing committed to the credite of another man And therefore in another Lawe we finde it written thus Non est dubitandum quin nauicularii non debent decuriones creari quia vtrumque officium gerere non possunt It is out of all doubt that Shipmasters cannot bee made Senators or captaines because they cannot exercise both offices Agayne the Emperour still respecting the equity and reason of his former sentences and iudgementes saith thus PLACET nostrae clementiae vt nihil commune clerici cum publicis actionibus vel ad curiam pertinentibus cuius corpori non sunt annexi habeant It is our gratious pleasure that cleargy men haue no communion with publike functions or belonging to the court vnto whose body they are not incorporated And by this law saith the Glosse cleargy men can not be iudges aduocates or proctors in secular causes And will you know then sayth the same glose by what meanes Cleargie men haue gotten into their handes approbations of wils and Testamentes Glos ibidem ver coÌ„petit Quia modicum lucrum pro hiis dabatur clerici cupidi hoc sibi vsurpabant Because a little gaine was giuen for them couetous cleargie men haue vsurped them l. hiis quidem Cod. qui milit non pos lib. 12. l. 1. ff de colleg illicit Pride ambition couetousnesse and usurpation the beginning of ciuill iurisdiction in Cleargy men By the order and discipline of war it is vnlawfull for one souldier to take the paye wages allowed for two souldiers In societies of Cities and Townes corporate and other houses of companies and fellowships it is not lawfull for one to be gouernour ouer two companies of diuers craftes and misteries And againe Cod. de prox sacro scrut lib. 12. l. hac parte in fi Cod. de assesso l. fi NVLLO MODO c. Let them not in any wise take vnto them double offices or be written or enrolled in two regesters heaping by that meanes vpon one man manie commodities and leauing nothing for the residue Because Qui ad vtrumque festinat neutrum bene peragâ—t He that hasteneth vnto two things at once can performe neither of them rightly according to these prouerbiall verses Qui binos lepores vna sectabitur hora Vno quandoque quandoque carebit vtroque He that in one instant a brace of hares will trayle Shall loose the one sometimes sometimes them both shall fayle The reason why Bishops and Archdeacons exempt and disburthen them selues from generall hearing and determining causes of instance and iudgement of law committing the same vnto their Commissaries and officials Doctors of the ciuill law I suppose to be either for that them selues beeing ignoraunt of the law are desirous to haue iustice ministred by men skilfull of the law or els that they hauing dispatched them selues of all outwarde care touching the outwarde man might be wholly dedicated to the trymming and decking of the inner man not onely touching them selues but others also committed to their charge And if they for these respectes and to auoyde ignominy and reproch shun the executioÌ„ of law properly as they say and altogeather belonging vnto them what reason can they pretende to take vppon them the execution of the lawes of this Realm no whit pertinent to their callinges and whereof by all reason they are lyke to be more vnskilfull then of their owne Canons and constitutions By which Canons they are not onely forbidden as before to exercise any Ciuill iurisdiction for other men but also though the same concerne their owne seruauntes Extr. ne cler vel monac c. fi lib. 6. QVOD SI EPISCOPVS c. If any Bishop haue any temporall iurisdiction he ought to commit the same to some laye man that he maye take punishment of all malefactours Now if a bishop may not exercise his owne temporall iurisdiction descending vnto him by lawfull inheritance or otherwise belonging vnto him ouer his owne Tenants within his owne franchisementes and liberties in his owne person but ought to depute the same to an other how much lesse
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
rites ensignes and ceremonies c. yet now foras much as we are certaynely infourmed that they bee altogeather Antichristian and therefore expresly against the worde of God we maye and ought to vrge the generall intendement of the statute generally to take them awaye Secondly were not the foresayde popishe rites ensignes and ceremonyes Antichristian and expresly against the lawes of GOD and therefore by this braunche of the statute might bee ministred vsed and exercised yet notwithstanding it is manifest that the sayde rites ensignes and ceremonies haue not beene appoynted by the prerogatiue of anye of the Kinges of this Realme but haue beene transferred from Italye vnto Englande by a forren and vsurped power and therefore by the seconde braunch of the statute as thinges authorized contrarye to the Lawes of the Realme are not anye more to be vsed or exercised In the time of King Henry the seconde we haue seene before that this priuiledge was graunted to Archbishops and Bishops that they shoulde holde their possessions of the King as a Baronie and shoulde be present in the Kinges courtes as other of his Barons If in these dayes they did sitte them selues in their owne Consistories and exercise gouernement by the lyke authoritie their Courtes happely woulde not be so contemptible as they bee nor their iudgement seates so abused as they are The people woulde be better quyeted in those places and offer lesse iniurie to the magistrate then now they doe And therefore I conclude that though hir highnesse and the lawes indirectly and as it were alatere tollerate these men to rule and gouerne according to those forreigne lawes whereof they haue the execution yet the more faythfull and loyall euery subiect is the more he should and doth contende to haue the whole and entyre gouernement of the Church and Common weale directly immediately and absolutely to spring from hir highnesse as from the heade and fountaine vnder Christe of all gouernement to be executed amongest hir subiectes In dooing wherof they shall dutifully and Christianly more and more mayntaine hir prerogatiue The Emperour forbidding Ecclesiasticall men to vsurpe Ciuill offices lost no whit of his imperiall prerogatiue ouer the subiectes yea rather hereby he openly declared the magnificence of his Empyre and the absolute authoritie he had ouer them and that as well by forbidding things not to be doone as by commaunding thinges to bee done Enemies of reformation enemies vnto hir maiesties prerogatiue For though he spoyled them of vnlawfull preeminences yet he enriched them with lawful liberties I know not the inward intent and meaning of such as mislike to haue ciuill gouernment translated frō Archbish Bish and Archdeacons vnto the ciuill magistrate But if I may speake that which may shrewdly be suspected they may seeme to be greater enemies to hir highnes prerogatiue then others be For though outwardly in wordes they seeme to graunt vnto hir all libertye in the disposition of ciuill offices whervnto the others do likewise agree and condiscende yet they seeme in deede to be loath she shoulde drawe the sword of hir prerogatiue cut a sunder the coards of their cōsistories They graunt hir authoritie to make them selues iustices of peace and ecclesiasticall commissioners and so wage law for hir prerogatiue An easie matter for them to stande in plausible to flesh and bloud their outwarde man delighteth with outwarde pompe and credit But suppose the case stood between the Archb. Bish and Archd. and hir maiesty for hir prerogatiue in abolishing their iurisdictiō trāslating the same to others that the matter were to be decided by the gretest part of their own voyces that their voyces were to be giuen in scrutiny not any waies to be knowen who had giuē his voice with or against hir prerogatiue in this case I feare me rather then their Lordeshippes shoulde take the foyle they woulde lay hir prerogatiue in the dust selfe loue woulde haue a strooke and fleshe and bloud woulde be loath to loose any liberty The history of Henry the fifth and the Oration of Henry Chychuby Archbishop of Caunterbury made in the Parliament house to alienate the Kings minde and to disswade his Nobles from the enterprise whereof hee and they had consulted touching the ouerthrow of irreligious houses and to draw their endeuours to make warre and to leauie an armie against the French king might be a forcible argument to anye to perswade him selfe the same thing in this case though he had no other reason to induce him therevnto But the vnciuill intreaty of hir highnesse owne schollers elected by hir gratious commaundemement from Westminster to hir owne Colledges in Cambridge and Oxenforde euen by such as would seeme in words to set vp mightie propes vnder hir prerogatiue argueth manifestlye the same thing For otherwise hir maiesties schollers in all respectes as well qualified as their owne and alwayes elected halfe a yeare before their owne might once in the space of twenty foure yeares though not for their owne sakes yet for their honorable Lady and mistresse sake haue receiued some more fauourable intertainment and preferment in those houses then hitherto they haue done The maisters of those houses woulde not haue placed them next vnto the screene and set them next vnto the Porters lodge as by elections vnto fellowships in the one schoolerships in the other they a long time haue doone Whereas on the contrary side it is apparantly knowen that sometimes the Dean of Christ church in Oxenford a great friend to reformation and a man for his excellent knowledge and wisedome in gouernment singularly commended euen by his enemies in these small matters gaue an apparant and rare example of his humble dutie and loyaltie vnto hir highnes For the reuerent estimation he had caryed of vnto hir highnes ordinance and institution he placed a scholler sent thither by hir maiesties appointment firste and senior vnto all those that were elected into the house at that time he him selfe brought the same hir scholler to his chamber and placed him in a Chamber and studie commonly appoynted for the ancients of the house all his owne schollers were inferior vnto hirs and placed beneath hirs Since the departure of which man if the Audite or butterie bookes of that house were sought you shall finde hir schollers names written alwayes in the latter ende of the booke the last of forty and placed after his scholler whom hir highnesse but the day before had preferred to be a Deane or prebendary in that house The Deanes schollers they goe and sit and are placed foremost the prebendaries in the middest and hirs hindermost and if they were to go a procession as in the time of popery hirs must go foremost as vnworthiest to go next to the crosse And because hir maiestie sometimes by hir letters heretofore requested the Deane and chapiter to receiue into hir Colledge such as she thought meet to be placed Now forsoth to preuent hir bountifulnes