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
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
AN ABSTRACT OF CERTAIN Acts of parliament of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodalles prouinciall established and in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. l. Nulli licere ¶ Neyther let them feare to be called and suspected pick-thankes seeing their faythfulnesse and diligent trauell carrieth with it as well praise as honestie and godly zeale hauing published the trueth to the eares of all men and brought it to the open light PROVER 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader THou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet peaceable estate both of the Church and coÌ„mon wealth haue been shrewdlie troubled and brought in hazarde The causes of which warre and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appoynted for the gouernaunce of the same Church hoping that by the authoritie of hir excellent maiestie and the counsayle of the honorable fathers gouernours of her highnes empire they may hereafter not only be better executed but also if the case so require be reuisited For were the same Lawes either better knowen vnto the whole church either better executed by those vnto whome our gratious Soueraigne hath committed their Execution no dout but very many notable points of such controuersies as haue beene a long time amongst vs woulde be easily speedily by the same laws decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine own simple iudgment onely according to the knowledg giuen vnto me I haue for my part faithfully laboured to cite the lawe for that end purpose wherunto I take the same to haue beene first ordeined And therfore I am heartilye to desire thee to accept of this my labour trauail vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighboures sakes and that peace and prosperity mighte bee within the walles and pallaces of Ierusalem Farewell and pray in thy spirit for the preseruation of the life of our gratious Queene Elizabeth An Abstract of certaine Actes of Parliament of her Maiesties Iniunctions Canons and Synodals Prouincial established and in force for the peaceable gouernement of the Church within her Maiesties Dominions heretofore for the most part vnknowen and vnpractized BY an act of Parliament made the 25. H 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Prouided also that such Canons constitutions ordinaunces and Synodals prouinciall being alreadie made which be not contrariant nor repugnant to the lawes statutes and customs of this realm nor to the domage or hurt of the kings prerogatiue royal shal now stil be vsed executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that al Canons constitutions ordinances and synodals prouincial made before this act requiring and commanding a learned Ministery prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiasticall men and prohibiting one man to excoÌ„municate for that such Canons c. cannot be contrary or repugnant to the lawes of this realme nor hurtfull to the kings prerogatiue are in force ought to be executed and therefore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Plurallities forbidden c. A learned Ministerie commanded by the Lawe Ex De elect Cap. Nihil est NIHIL EST c. There is nothing that may hurt more the Church of God then that men vnworthie are taken to the gournment of soules We therefore willing to applie a medicine to this disease decree by an inuiolable constitution that when any shal be chosen to the gouernment of soules he to whome the confirmation of his election appertayneth diligently examine both the processe of the election and the person elected to the ende that if all thinges concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely â—e that is vnworthily promoted but also the vnworthie promoter him selfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawful age when his negligence herein shal appeare we decree him to be punished thus not onely that he be â—uite depriued of power to confirm the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefie Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtful to the Church of God to haue vnworthie men takeÌ„ to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is â—ot to be admitted to holy orders and Eccleâ—…asticall dignities 2 But a man of insufficient learning of vnhonest coÌ„uersation can not worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities IF any iudge the meaning of this Chapiter to bee onely of superiour Prelates as Archbishops bishops Abbotes or such like elected by some common society of canons Monkes Friers or collegiat Priests because of these words Election Confirmation properly applyed to such not to inferior Ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redounde to the Church in both cases if for both remedie were not before hand prouided And also to vnderstande that the name of Prelate is by law attributed likewise to euery Parson and Vicar hauing cure of soules D. ex de cleric aegrotant c. sua glos lynd Consti de sacra iterand c. ignorantia vers prelati Quia quilibet qui praeest curae animarum dicitur esse Prelatus Euery one that is preferred to the cure of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these thinges together with the end of the chapiter where speciall charge is giuen for inferiour offices And so
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
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 appoynted thervnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at al our Bishops and Archdeacons challenging vnto themselues a principal prerogatiue to punish al malefactors within their seuerall iurisdictions An other reason that this statute hath appoynted as well the discipline of Christ as the doctrine and sacramentes to be ministred as the Lord commaunded onely and none otherwyse is this namely for that this statute was made to refourme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priestes as it was to reprooue 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 branch of the statute should ordayne nothing so contrary to the nature of a Law be Lex absurda an absurd Law And therfore what open wrong intollerable iniury is offered the Saintes of God loyal subiects to her Maiestie calling for discipline at the cheefe Prelates handes commaunded by the Lord and in trueth established by the Lawes of her highnesse Empire euery indifferent man may easily discerne It followeth in the 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 Christe and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flock of Christ Answere I will Byshop Will you maintain 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 end when hee layeth on his handes he sayth to euery one Be thou a faithfull Dispenser of the worde of God and of his holy Sacraments And againe Take thou authority to preach the word of god and to minister the holy Sacramentes Which action and Speeches of the Bishop are to bee well wayed and considered The words which the Byshop pronounceth Be thou a Faithful dispēser c. Take thou authority to preach are wordes appoynted him by the whole State to bee 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 Parliament that a Byshop should commaund an Apothecarie not exercised at all in holy scriptures and altogeather vnable to teache to bee notwithstanding a faythfull dispensor of the worde of God and to take authoritie to preache No no they verie well knew that the outward sound of the bishoppes wordes in the eares of such a man coulde not worke any inwarde grace or giue any inwarde vertue to the perfourmaunce 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 dishonourablye conceyue of their wisedomes much lesse I take it shoulde the Bishop so disloyallye abuse their credite and authoritie Was their intente and purpose trowe you that the bishop by these his demaundes and the minister by these his aunsweres shoulde not bynde the minister him selfe to perfourme by him selfe this duetie to preach but that the same should be done by a thirde personne I trowe no. For my maisters and Doctors of the Canon and Ciuile Lawe Burgesses in the house of Parliament know Institu de invtili stipu § si quis that Promssio facti alieni mutilis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studiis 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 certayne place or to be furnished with the liberall Sciences or to buylde an house or to paynt a Table with his owne handes or to marry a Wyfe that he can not doe any of these thinges by an other man because the will of the Testator hath concluded all these thinges onely in his owne person Was their meaning that the bishop pronouncing these wordes Be thou a dispensor was their meaning I saye by those wordes to haue the bishop committe the office of reading Homilies to a minister or to iudge reading of Homilies to be preaching No no Their proceedinges appeare to bee of greater wisedome knowledge iudgement discretion and Godlinesse They appoynted by the same their consultation three kindes of offices to bee in the Church Deacons Ministers and Bishoppes appoynting seuerally to euery officer his seuerall duetyes and hath expresly appoynted reading Homilies to bee the office of a Deacon For in the ordering of Deacons the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the church where he shall be appoynted to assiste the Priest in deuine seruice and speciallye when hee ministereth the holye Communion and to helpe him in the distribution thereof and to reade holye scriptures and Homilies in the congregation c. I take it and holde it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an Act of Parliament and therefore I take it that I maye safelye conclude without offence to his Lordshippe that he can not by lawe appoynt anye minister to reade anye Homilies in anye Church Statute lawe is Stricti Iuris and maye not be extended What will you then by lawe positiue barre reading of Homilies in the Churche No. But I woulde haue the Lawe positiue obserued and so barre reading of Homilies from a Minister because the Lawe positiue hath appoynted that office to a Deacon For it is not lawefull for one priuate man and fellowe seruaunt to transpose from his fellowe seruaunt an office committed vnto him by publike authoritie And it is verily to be thought the bishop him selfe will challenge as much vnto him selfe 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 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 somtimes that the minister shall reade Homilies they may easely be reconciled by this statute For the iniunctions
had relation to the time to come And yet notwithstanding this kind of speach would haue been but a harshe kinde of speach namely to saye Take thou authoritie to preache when thou shalte haue authoritie to preach couplinge the present tense with the future tense the time present with the time 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 time to come for the certaintie of the euent thereof instead of the present tense and the time present But these wordes take thou authoritie to preache the worde to the congregation in the place where thou shalt be appointed is a very proper kinde of speach and the wordes them selues carrie with them a naturall sence 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 now authority 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 Sacramentes without speciall licence in wryting or not to pray or not to fast or not to say seruice or not to bury the dead such like But there is more to serue their turnes and to helpe their cause in the law CanoÌ„ in the iniunctions the law Canon being thus Ex. de heret c. excom § Quia vero QVIA VERO NON NVLLI c. But because some vnder the colour of Godlines denying as the Apostle saith the power thereof challenge vnto them selues authoritie to preach whereas the Apostle sayth How 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 af the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedelye repent let them be punished with some other competent paine The iniunction beeing this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarâ—er of the yeare at the least one sermon beeing licensed specially therevnto Wherevnto I aunswere that this decree and this iniunction requiring speciall lisences to preach And the Bishop by vertue of the foresayde statute giuing authoritie to preach can not iarre much and that one little wrest wil set them in tune their oddes is so small If I saye vnto one by worde of mouth Syr take here the key of the gate of my pasture where my Grey ambling Gelding runneth opeÌ„ the gate bring him out take him to your owne vse I giue him you franckly 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 special licence giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secreatly by a goose quill Moreouer neither doth the foresayde Canon neither yet the Iniunction require a special licence in wryting to the ende that the minister shoulde haue power thereby onely to preache For so shoulde you take away the forme and order appoynted by act of Parliament 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 licence ought to be had is not so much for the partie him selfe 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 wordes 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 preach within his owne cure though he be not specially licensed therevnto The wordes are these And that no other be suffred to preach out of his own cure or parrish then such as shal be licensed as is before expressed therfore a minister to preach within his own cure yea thogh he haue no licence is commaunded In the time of Henry the 4. at what time Wyckliffe preached the Gospel 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 licence firste obtayned of the ordinarie of the same place Curates in their owne parrish churches and persons heretofore priuiledged others admitted by the Canon law only excepted And that no maner of person seculer or reguler beeing authorized to preach by the lawes now prescribed or lycensed by special priuiledge shall take vpon him the office of preaching the worde of God or by any meanes preach vnto the clargy or layety either in the church or without in Latine or english except he first present him selfe be examined of the Ordinary of the place where he preacheth And so being found a fit person as wel in maners as in knowleg he shal be sent by the said ordinary to some one church or more as shal be thoght expedi ent by the said ordinary according to the qualitie of the person Nor any persoÌ„ aforesaid shal presume to preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized do come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge do shew their priuiledge vnto the parson or Vicar of the place where they preach And those that pretend theÌ„selues to be sent by the Ordinary of the place shal likewise shew the ordinaries letters made vnto him for that purpose vnder his great Seal Let vs alwaies vnderstande the Curate hauing perpetuitie to be sent of right to the people of his own cure Furthermore no clergy maÌ„ or PerochiaÌ„s of any parish or place within our prouince of Canterb. shal admit any maÌ„ to preach with in the churches churchyardes or other places whatsoeuer except ther be first manifest knowledg had of his authority priuiledge or sending thither according to the order aforesayde Touching the first protestation to be made promised subscribed by theÌ„ that shal 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 shal not preach or publikly interpret but onely read that which is appointed by publike authority without special
licēce of the Bi. vnder his Seal though hir Maiest most excellent name be vsed by the publishers of the saide aduertisemēts for confirmation of thē that they affirme hir M. to haue cōmanded them therevnto by hir highnes Letters yet because the book it selfe cōmeth forth without hir M. priuiledge is not printed by hir M. printer nor any in his name therfore it carrieth no such credit and authority with it as whervnto hir M. subiects ar necessarily bound to subscribe hauing other laws other Iniunctiōs vnder hir M. name authorized by hir M. priuiledge cōtrary to the same For hir M. by hir Iniunctions cōmādeth euery minister to preach within his own cure without licence as before you haue hard But let vs go forwarde It hath bin shewed before that euery one to be made a Deacon or a minister ought to be called tried examined known to haue such qualites as were requisite that mentiō also hath bin made of the face of a church of the latine tong of many other circūstances necessary to that actiō al which things set down rather generally thē particularly described require a larger discourse Panormitan the Doctors vpon the ciuile and Canonicall law haue these conclusions Ex. n. ca. dictus de consuetu nu 2◠Statuta debent interpretari secundum 〈◊〉 commune siuè debent interpretationem recipere à iure communi statuti verba dubia debent interpretari vt minus ledat ius commune quà m sit possibile Statutes ought to be interpreted according to common law or statutes ought to receiue their interpretation from common law and doubtfull wordes of a statute ought to be so construed that they be as little preiudiciall to the common law 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 shal require a calling a triall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kinde of calling of tryall of examination and such qualities c. That then such maner of calling of tryall of examination such qualities are requyred 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 dutie to conceiue their meaning to the best and most agreeable to their profession I say that they ment herein onely such calling such triall 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 orderinges and also by the scripture read for that purpose The prayer followeth Almighty God which by thy diuine prouidence hast appoynted diuers orders of ministers in the Church and diddest inspire thine holye Apostles to choose vnto this order of Deacons the first martyr S. Steuen with other mercifully beholde these thy seruauntes nowe called to the like office and administration replenish them so with the trueth of thy doctrine and innocencie of life that both by worde and good example they may faythfully serue thee in this office to the glorie of thy Name and profite of the Congregation thorowe 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 tonged not giuen to much wine neyther greedie of filthie lucre but holding the Misterie of the fayth with a true conscience And let them first be prooued and let them Minister so that no man bee able to reprooue them Euen so must their wiues be honest not euil spekers 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 houshouldes For they that minister well get them selues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the 6. of the Acts. Then the twelue called the multitude of the Disciples together and sayde It is not meete that wee shoulde leaue the worde of GOD and serue tables wherefore brethren looke yee out among you seuen men of honest report and full of the holy Ghoste and wisedome to whome wee may commit this businesse but wee will giue our selues to continuall prayer and to the administration of the worde And that saying pleased the whole multitude and they chose Steuen a man full of fayth and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas Nicolas a conuert of Antioch These they set before the Apostles and when they had prayed they laide their hands on them c. The Communion ended shall be saide this Collect Fol. 1. pag. 8. ALmightie God giuer of all good thinges which of thy great goodnesse hast vouched safe to accept and take these thy seruauntes vnto the office of DEACONS make them wee beseeche thee O Lorde to bee modest humble and constaunt in their Mynistration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the Testimonye of a good Conscience and continuing euer stable and strong in thy Sonne Christe may so well vse themselues in this inferiour office that they may bee founde worthye to bee called to the Higher ministeryes in the church thorow the same thy sonne our Sauiour Christ to whome be glorie and honour world without end Amen The Epistle appointed at the time of ordering of ministers shal be read out of the twentie chapiter of the Acts. Fol. 8. pag. 1. From Mileto Paule sent messengers to Ephesus and called the elders of the congregation which when they were come to him he sayd vnto them Yee know that from the first daie that I came into Asia after what manner I haue bene with you at all seasons seruing the Lord withall humblenes of minde and with many teares and temptations which happened vnto mee by the layings awaite of the Iewes because I would keepe back nothing that was profitable vnto you but to shewe you and teache you openly thorowe euerye house witnessing both to the Iewes and Greekes the repentaunce that is towardes GOD and the fayth which is towarde our LORD Iesus And nowe beholde I goe bounde in the spirite vnto Ierusalem not knowing the thinges that shall come to mee there but that the holy Ghoste witnesseth in euerie Citie saying that bondes and trouble abide mee but none of these
liking of the Citizens And againe let the requestes of the Citizēs the testimony of the people the iudgment of the honorable the election of Clearkes be had in the ordination of Clearks And note that these texts many other mo do al affirme that elections ordinatiōs must be made by Citizens Priestes or Clearkes in the Plural number not by one Citizen or one Priest in the singular nūber Neither are these decrees to be vnderstood of the chief Priest of euery Diocesse alone but are verified of euery Priest thorough out the countrey as appeareth by the Canon following Distinct 64. c. Si forte Sed nec ille deinceps sacerdos erit quem nec clerus nec populus propriae ciuitatis eligit But he shal be no priest hencefoorth whō neither Cleargie nor people of his owne proper citie hath elected Wherevnto also the ciuill law accordeth Authen de sanct Epis § clericos colla nona Si vero c. But if holy rules shall prohibite such as be chosen by them as men vnworthy then let the most holy B. procure to ordayne whomsoeuer he shal thinke best A bishop alone may then ordaine sayth this lawe when the people cleargy haue chosen vnworthy mē it saith not that he may alwaies ordaine alone without contradiction or that the people Cleargy haue no interest in the actiō But this law only prouideth in this case a remedy to supply the negligence of those vnto whō the election appertaineth if they shall do otherwise therein then becōmeth them And to make this matter whereof we entreat more plaine euident euen by the statutes ordinances of the realme the choyce ordination of a minister is not apropried to the B. alone First by the statu 25. H. 8. these lawe Canons decrees before specified being then in force in as much as they be neither contrariant nor repugnant to the lawes customes of the realm nor derogatorie to the Queenes prerogatiue royall are confirmed ratifyed and in force now Yea because they are agreable to the lawes and customes of the realme and maintaine her prerogatiue royall as afterwardes shall be declared they ought now to be executed Secondly by a statute made 21. of H. the 8. cap. 13. It is enacted that a Bi. may haue 6. Chaplaines because six ministers at the least ought to be present whē the Bi. giueth orders Thirdly in the booke of making priestes c. are these wordes there shall be an exhortation vnto the people declaring how the people ought to esteem them meaning the ministers in their vocation And these wordes the B. shall say vnto the people Brethren if there be any c. And these wordes the bi commending such to the prayers of the congregation with the Cleargy and people present shal say c. Then shal the B. examine euery one of them that are to be ordered in the presence of the people By which words branches of the book it is euident that that people ouer whom the minister is to be placed ought especially to be present For what profit can a people dwelling at Yorke reape by exhortation of the preacher vnto loue obedience of their minister whē their minister shal be made at London Her highnes the nobilitie and fathers of the land were of more wisdom vnderstanding I am sure then to imagine that a people dwelling at Carlyle coulde be taught or instructed by a sermon made at Exeter And by the former decrees wherin mētion is made of people citizens the same people and citizens if we will know what citizens be properly are not taken for the Quiristers the Singers the Organ players the Canons the Archdeacon of the Cathedrall Church for all these by the Canon law beare the names of Clearkes neither are the bishops seruauntes taken in these Canons for Citizens because Citizens by these rules must giue their consentes and as hauing a principall interest in the action must not onely be eye witnesse and eare witnesses to the bishops vpright dealing but also must be agents and cohelpers themselues But serui and domestici in re non domestica Seruauntes and folke domesticall in a thing not domesticall are not alowed fit witnesses neither haue seruantes as seruants anye interest And therefore Citizens in these former Canons are Citizens Et re nomine Citizens in deede and in name And as I prooued before out of the statute of the land thatas the people of the place destitut of a Pastour must be present and giue their consent at the choyce of their minister so is the same also stablyshed by Canō law cōfirmed by act of Parliament Glos in c. 1. de reb eccle non alienand ver tractatus lib. 6. For this worde consensus siue collaudatio consent or approbatiō described to be multorum voluntas ad quos res pertinet simul iniuncta The will of many vnto whom the matter appertayneth ioyntly linked togeather prooueth that not onely Citizens in deed but also that Citizens of the place where the partie should afterwardes serue as a minister ought to giue their consent and allowance to the making him a minister because the matter of hauing a minister appertayneth properly vnto none other but chiefly and altogeather concerneth them And therefore the law willeth Vt quod omnes tangit ab omnibus approbetur That that be allowed of all which toucheth all Bishops Canons fol 5. Whereat our bishops them selues in their Englishe Canons of Discipline haue aymed and wherevnto in wordes they haue agreed The bishop shal lay his hands on none say they nor at any other time but when it shall chance that some place of ministration be voyde in the Diocesse And therefore I conclude since none must be made a minister but when it shall chance some place of ministration be voyde and since the consent and allowaunce of the people whome the matter doth concerne must by the Canons and statutes in force be had that therefore the people of the place where such place of ministration is voyd haue in the choyce appoyntment of there minister a speciall interest and prerogatiue Neither ought those ridiculous Canons of that foolish pope Adryan the proude Nullus Laicorum principum c. 63 dist cap. nullus c non est Let none of the lay princes or potentates ioyne him selfe to the election or promotion of a Patriark Metropolitane or any bish c Neither ought this and such like Canons I say any whit impeach the truth of my former assertions First for that these latter Canons are directly opposite and contrary to the ordinance of almighty God And the Apostles saith the holy scripture Act. 6. calling the multitude of the disciples togeather sayd vnto them choose therefore brethren out from among you seuen men of good report c. whom we may appoynt to this businesse and this speech pleased the whole multitude then present and
to be called collegiat men or Deanes If any therefore vnder the bare couering of a name or title terme himselfe a collegiat man or one of a brotherhood let him know that an other is to be deputed in his roome who may be approoued sufficient to execute the same office Extrauag de institu cap. ex frequentibus The reasons and principall grounds of which lawes Canons are these â—ola possessio non sufficit in beneficiis ecclesiasticis nisi adsit canonica institutio A sole possession is not sufficient in ecclesiasticall benefices vnlesse there concurre also a Canonicall institutioÌ„ ff de decurio l. Hereminus Sola possessio non facit aliquem decurionem sed iusta electio A sole possession maketh not one a Senator or Captaine but a lawfull election Et prescriptio non prodest cum habent malam fidem Extrauag de prescript c. 51. diligeÌ„ti c. cum omne A prescription doth not profit in case it be grounded vppon an euill conscience and therefore sithence men so ordayned be male fidei possessores vniust possessours fraus dolus eorum sibi patrocinari non debet Their deceit and collusion ought not to support them Neque debet quis locupletari alterius iactura Neither ought any man to be enriched with the losse and hinderaunce of an other For these considerations the lawe I say hath prouided that both the promotor and the promoted Agentes consentientes pari poena puniantur As well the abettours as the deed doers are to sustayne equall punishment And once agayne as touching the displacing of idoll sheepeheardes and remoouing of vnpreaching hirelinges besides these former lawes there are many mo notable conclusions to bee drawne from the Ciuill lawes for the proofe thereof ff de munerib honor l. vt gradatim § reprobari authen de col iube mus colla 9. Reprobari posse medicum a repub quaÌ„uis semel probatus sit Diues magnus Antoninus cum patre rescripsit That a phisition once prooued and admitted by publike consent to the practise of Phisicke may be remooued againe from that function in case afterwardes hee be founde rechlesse the holye and great Antonie and his Father before him haue aunsweared ff Ioh. dudie and that Propter hominum sanitatem tuendam for the preseruation of mens health The Emperour Iustinian commaundeth thus Cod. de offic praefec orient l. 3. SI QVOS IVDICIS c. If thine excellencie shall finde any Iudges eyther for their long and tedious infirmities or for their negligence or for any other like defect to be vnprofitable thou mayest remooue them from their administrations and place other in their steade Si carceri praepositus sayth the same Emperor Cod de cust exhibi ceo le carceri Praetio corruptus If a keeper of a common layle corrupted with money suffer a prisoner to goe without fetters or to bring any weapon or poyson into the prison he is to be punnished by the office of the Iudge but if he shall vnwittingly suffer these things he is for his negligence to be displaced Againe the same Emperour sayth Cod de profess medi. l. 2. lib. 10. Grammaticos sou oratores c. If Grammarians or Orators once appoynted by common consent to teache Grammer or Oratorie approoue not themselues profitably to the students of Grammer and oratorie for them to be againe reprooued is not a thing vnaccustomed For sayth the same Emperour Cod de profess med l. reddatur Reddatur c. Let euery one bee admitted home to his countrie which is knowen vnorderly and insolently to vse the exercise of philosophie In bello c. A souldiar who in time of warre doth any thing forbidden by his Captaine or doth not keepe his Genneralles commaundement is to bee punnished by death though his enterprise take good successe And shall then a pretensed minister that forsaketh his standing and onely weareth the Ensigne of the proclaymed enemie to his Lord and master maugre the Law of his Lorde and master and maugre the Law of man enioy life and landes and liuings and all Extrauag de renunc c. fin l. 2. §. ignominiae ff de hijs qui nol inf Panormitane a famous Canonist concludeth that a doctour allowed may be disalowed againe yea rather sayth Bartoll a more famous Ciuillian he may bee degraded as a souldiar and as a cleark For those things sayth hee which I haue spokeÌ„ in the degrading of souldiars the same is to be verified touching the degrading of doctors and Clearkes And this is a common and infallible conclusion by all the learned in the Lawe Vid ca. degradatio de paenis lib. 6. Vid foeli de rescript ex literis that Doctors which by their readings or Lectures doe not approoue them selues beneficiall and profitable vnto studentes and schollers of their profession may and ought well and rightly be remooued from their office of reading and teaching Yea moreouer whatsoeuer he be that taketh vp on him the office of a doctor wearing the armes and ensignes of doctors when as indeede he is no doctor Tenetur poena falsi is to be punished by payne appoynted for forgerie ff de fal l. eos infi vid. Bart. in l. reddatur Cod. de poss et med lib 10 In like case by like reason if an idoll minister take vpon him by stealth and lying the office of a true Pastour and carrie the name and tytle of a true pastour being in deede but an hyreling and prophane gentile why shoulde not he be punished with payne appoynted for theeuerie Panor in c auris extrauag de aetat â—t quaâ— In the court of conscience a Doctor giuing aduice but thorowe ignoraunce or want of experience not following in his counsell the rules and preceptes of Lawe is bounde by equitie vnto his Client for that thorowe his vnskilfulnesse he is damnified A phisition in the same courte who without perrill of soule or daunger to incurre irregularitie would safely cure his patient must be learned he must practise according to the actions of phisick he must be diligent in the exercise of his facultie he must not minister after any vnked maner but onely according to the vsuall and ordinarie opinion of the learned in phisicke he must be circumspect and not sluggish to search out the disease he must be prudent and carefull both before and at and after the ministring of his medicine VVhen he is ordeined he solemnely voweth to preache therfore he promiseth to become a doctor A minister then taking vpon him to be a Doctor of farre greater wisedome to be a phisition of much more excellencie namely to instructe and cure the soules of men with the doctrines of the Gospell can he vnblameably consulte without knowledge or safelie practise without skill can he teache being vnlearned or heale being not experienced And here if the magistrate woulde knowe the maner alreadie set
down to redresse the same and how and in what sort he may safely proceede agaynst an ignoraunte and vnlearned man In. c. vlt. extrauag de aetat qualit Hee must sayth Panormitane see that the witnesses depose howe the partie did neuer reade any bookes of learning or that hee did neuer go vnto any schoole of learning because no man can attayne vnto learning vnlesse hee haue beene taught by one endued with learning or spent his time in the studie of bookes of learning for without a teacher and without bookes no man can bee learned which may be prooued as well by the confession of the partie as by the notoriousnesse of the facte And heere Panormitane willeth the practisioner in Lawe diligently to marke howe insufficiencie vnabilitie and vnskilfulnesse of a Clearke may be prooued euident and notorious by not reading of bookes As thus Seius neuer reade anye booke of Phisicke or Seius neuer resorted vnto anye Phisicke Lecture Therefore Seius is no Phisition Titius neuer studyed anye bookes conteyning the doctrines or controuersies of the Gospell or hath not hearde any preacher of the Gospell Therefore Titius knoweth not the trueth or glad tydings of the Gospel Our idoli Ministers neyther in times past haue had neyther nowe haue any bookes of Scriptures Therefore they neyther haue beene neyther nowe can bee learned in the Scriptures They haue not gone neyther now doe goe to anye schoole of Diuine learning Therefore they haue not beene nor yet nowe are anye schollers in Diuinitie And therefore their insufficiencie and vnabilitie being by this meanes palpable are therefore notoriously depriueable yea degradable from their benefices and offices The distinction of a simple Curate or of a cural priest or of a plebeiane prelate if lawe were lawe and reason reason could not serue to maintaine the contrarie practise The lawe Ciuill the lawe Ecclesiasticall the law of reason the lawe of nations the Lawe of God in all places at all times and among all people without any fauour or friendship vnder any pretence or for any respect doe absolutely directly and precisely inhibite euery man whatsoeuer to take vpon him eyther by the name title or office whereunto he is altogether vnfit and whereof by lawe he is made vncapable And howe then can this monstrous and damnable vsage be tollerable for such a man to bee placed and continued in the roome of Aaron to be the mouth of the people vnto God or in the place of Peter to feede the flocke of Christ who knoweth neyther for what or howe he should rightly present his supplication vnto his prince neither what kind of viand or maner of diet he should set before his people Grammarians and Poets though they haue bin trayned vp at Winchester or Eaton Philosophers and Rhetoritians though they haue spent many yeeres at Oxforde or Cambridge are not fit straightwayes to be made Phisitions of soules and leaders of the people into the waies of righteousnes They must shake of vanities and forsake their vngodlinesse wherewith they haue infected their mindes in those places before they thruste themselues as labourers into the Lordes vineyarde or take vpon them to be messengers in the affaires of his Empire Yea popishe and Idolatrous priestes are vnmeete and by the lawes in force made vnable to enter into the Lords Sanctuarie though popish Lawyers stande neuer so much opiniated to the contrary falsely and trayterously surmising her Highnesse her Nobilitie and all the professors of the gospel within the lande to be heretiks sismatiks thēselues onely with their crewe rabble of Seminaries to be catholiks as thogh the laws in force no whit appertained vnto vs but were onely reserued by themselues against their day of Iubilye long sithence gaped for by them and hitherto by the infinite mercies of the Lord denyed them The Lord make vs thankfull pardon our ingratitudes and continue these his mercies long towardes vs our posteritie I hope our prelates and ministers of the gospell and all true Christians are thus perswaded by the worde of God that papistes are heretiques and schismatiques strangers from the common wealth of Israell and aliants from the couenaunt of God I take this I say as graunted and hold it for a principle in the schoole of Christ that papisme is heresie and therefore a papist an heritique Againe I hope our Prelates and ministers of the Gospell will graunt the act of Parliament made 25. Henry the eight touching the submission of the Cleargie c. and confirmed in the first yeare of hir gratious raigne to be in force and effectuall to binde all maner of people within the lande Againe it is manifest these Canons following to haue beene established and neuer abrogated before 25. Henry the 8. Extrauag de elect quia Non debet quis schismaticus etiam abiurato schismate aligi A schismatique though he abiure his schisme ought not to be chosen a bishop Lib. 6. de heret c. 2. § heretici Heretici autem credentes receptatores defensores fautores eorum istorumque filii ad secundam generationem ad nullum ecclesiasticum beneficium seu officium publicum admittantur But beleeuing heretiques their receiuers defenders and abettors and their sonnes vnto the seconde generation let them be admitted vnto no ecclesiafticall benefice or publike office And therfore from these principles Canons and Act of Parliament I argue thus 1 No schifmatique or heretique though he abiure his schisme or forsake his heresie may be chosen a bishop or admitted vnto any ecclesiastical benefice or beare any publike office 2 But euery popish priest is a schismatique or heretique 3 Therefore no popish priest though he abiure c. may bee chosen a bishop or admitted vnto an ecclesiastical benefice or beare any publique office The Maior proposition is the law of poperie The Minor the law of the Gospell NEither doth this rule of law Multanon sunt facienda quae tamen facta valent anye whit gaine saye the truth of this argument For though it seeme probablie by this rule that a popish priest beeing once admitted vnto popish priesthoode should not be remooued Yet thereby it followeth not that religion beeing restored and Idolatrie abolished he coulde not at the first restitution of the Gospell and entrie of hir gratious raigne haue beene secluded from the office of a minister vnder the Gospell For what though an Heretique by the iudgement of an hereticall Synagogue obtayne the roome of a Sacrificer in the same Synagogue and hauing once obtayned it may not be remooued from the same roome by the former rule of lawe Though this be true I say what auayleth it to confirme that a sacrificing priest by vertue of his admission vnto the Synagogue ought to haue a place of ministration in the Church of Christ For though he were admitted in the one yet was he neuer admitted in the other And therefore it resteth firme that they ought not to haue beene admitted
and publikely before witnesse admonishe him otherwise you can not haue him excommunicated because Forma quoticscunque non est seruata actus est ipso iure nullus Howe often so euer the forme of an acte is not kept the Acte by meere Lawe is no Acte at all because sayth the Canon a solemne and diligent intreatie required in such perpetuall grauntes and alienations of Church goodes hath not beene obserued therein wee by the aduise of our brethren Decree the same graunt to bee voyde By Ciuill Lawe Cod. De Sacrosanct eccles l. hoc ius l. praedium Church goodes can no otherwise bee pawned or layde to gage then as the Lawe formally prescribeth because a due solemnitie ought to bee obserued In fines and recoueries leuyed by the common Lawes of this Realme Attorneyes on both sides must bee warraunted there must bee vouchers and vouchees there must bee writtes and retornes of writtes there must be proclamations there must bee warraunties and many other circumstaunces which being not obserued the parties in reuersion or remainder beeing grieued may bring their writtes of error and recouer the landes passed by erronious fines or recoueries In the first yeere of Henrie the seuenth Chapiter fifteene a statute was made that the partie playntiffe shall finde pledges to pursue his playnt as are knowne there in that Countrie In the case of this statute if the Sheriff take one suretie alone or men of another countrie as pledges the bonde is voyde because by the common Lawes of the Realme as well forme as matter is necessarie If in the sale of any pupilles goodes or alienation of the Emperors patrimonie the sorme and manner appoynted by Lawe bee not exactly and diligently kept the sale and alienation is in effect no sale and no alienation The reasons of which Lawes and ordinaunces as I sayde before are these Forma dat esserei Panor in c. nulli nu 7. de rebus eccle non aliae fol 59. Specula in tit de aduoc § 5. vers cum ante Panor in c. fin vt lit non contest nu 20. Panor in c. publicat de elec nu 9. Panor in c. super questionum § verū nu de off deleg id in c. prudentiam nu 5. eod eius omissio inducit nullitatem actus The fourme giueth beeing and essence to a thing and the omission thereof induceth a nullitie of the act Si deficit forma in priuilegio res caret priuilegio If a priuilege wāt the form of a priuiledge the thing lacketh priuilege And again Solemnitates quae requiruntur in alique actu sinon scruentur actus corruit solēnities required to be in any acte if they be not obserued the act faileth And again Ferma non seruata in vna parte actus violat totum actū The form not kept in on part of the acte violateth the whole act Quia verum est dicit excessisse istum fines mandati Because it is true saith he that this man hath passed the boundes of his commaundement And therefore in an other place Panormitane concludeth thus Forma certa procedendi vbi datur processus corruit non solum quando est attentatum contra formam sed etiam citra vel preter formam quia vbi forma certa datur paria sunt aliquid facere contra preter vel citra formam Where a certaine forme of processe is limited the processe fayleth not onely when any thing is attempted against the forme but also eyther without or besides the forme the obseruatiō of which solemnities and forme of an act are of suche force and necessitie by Lawe that neyther custome or yet a consent of parties can alter or chaunge the Lawe herein Panor in Greg. nu 14. fol. 17. Solemnitatis omissio ex sola consuetudine inducta violat actum The omission of a solemnitie brought in onely by custome marreth the Acte Ea quae inducunt certam solemnitatem in actibus hominum non possunt consensu partium tolli quia pacta priuatorum iuri publico non derogant ff de pactis And those things whiche induce a certayne solemnitie in mens doings cānot be abolished by cōsent of parties because priuate mens compacts cannot be derogatory to cōmon right In so much that in this case Forma debet seruari ad vnguem specifice non per equipolens A forme ought to be kept at an inche and specially and not by any thing equiualent though in many other cases this rule taketh place Nihil interest quid ex equipollentibus fiat It is no whit materiall whether of the things that are equiualent be done Moreouer Forma data à lege vel statuto debet seruari à rustico muliere iuniore A forme giuen by lawe or statute ought to be kept by an husbandman by a woman and by one vnder age though in many other things these three haue their seuerall priuiledges And to make this more plaine and the certaintie therof to be infallible you shall vnderstand that the lawe hath beene executed according to these rules euen in this selfesame case of making Deacons and Ministers And first touching their tryall and examination Glos c. quando distinct 24. ver in vest gent. Si quis presbiter aut Diaconus sine aliqua examinatione ordinati sunt abiiciantur ex clero Et si non fuerit in aetate literatura honestate examinatus deponendus est If any be made an Elder or Deacon without examination let him bee cast out from the Clergy And if he shall not be examined touching his age his learning and his honestie he is to be deposed Secondly touching the time If a Minister or Deacon haue bene made at any other time then at the time appoynted by lawe it hath bene decreed against them as followeth Extrauag de tempo ordinand c. cum quidam EPISCOPVM c. A bishop that celebrateth orders in a day wherein he ought not doe thou correct with Canonicall discipline vntil they haue receiued grace from vs to be restored so long oghtest thou to make them to be voyd of orders receiued And agayne Sanè super co c. Truely concerning that the maner is as thou sayest in certaine Churches of Scotlande and Wales to promote Clearkes vnto holy orders in the dayes of the dedication of Churches and Altars out of the foure times appoynted for fastes We declare that that custome as enemie to Ecclesiasticall institutien is vtterly to be improoued And had we not regarde vnto the multitude and auncient custome of the lande men ordayned should not be suffered to minister in orders so taken for with vs men so ordayned should be deposed and the ordaynors should be depriued of authoritie to ordayne Thirdly Fol. 1. pag. 2. touching the presentation of Deacons to be made by the Archdeacon or his deputie Fol. 1. 1. and of ministers by the Archdeacon onely out of many particular lawes this generall Maxime is verefied
of a nation Was the law of a whole Empyre euer tyed to the will of one man in a Diocesse If the thing it selfe were not manifest to the view of the whole Realme and that the vnlearned mimisters in euery part of the realme were not glasses to see these deformities by that the dayly and lamentable complaints in the eares of hir honourable 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 to if worse may be are neither fayned nor forged And therefore I conclude thus 1 Whersoeuer a certaine forme order to proceed is appoynted to any hauing no authority before his coÌ„mission that there if the forme be not kept the processe by law is meerely voyde 2 But our bishops before the making of the statute of Edwarde the 6. and the confirmation thereof 8. Elizabeth had no authoritie to make Deacons or ministers 3 Therefore their processe not made according to the order and forme of the statute is voyde and therfore 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 law And the glosse vpon that law verifieth the same to be an argument Contra eos qui non sunt râ—cte in ecclesiis constituti Against those that are not rightly placed in Churches ff quand dies leg vel fidei sed l. quod pupillae iunat gloss If a Legacie be giuen vnto a Pupil whensoeuer she shall marrie if she shall marrie before she be Viripotens the Legacie is not due vntill she be Viri potens quia non potest videri nupta quae viruÌ„ pati non potest nec videri factum quod non legitimè fit Finally in the praeface of the booke of ordering Ministers are these words And therefore to the intent these orders should be continued and reuerently vsed and receyued 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 tryed examined and admitted according to the forme hereafter following And in the 13. yeere of Elizabeth cap. 12 it is enacted that all admissions to benefices institutions and inductions to be made of any person contrary to the form or prouision of this act and al tollerations dispensations qualifications and license whatsoeuer to be made to the contrary hereof shall bee meerely voyde in lawe as if they neuer were Another principall reason why these idoll ministers shoulde not haue so much as the onely name or tytle of ministers in worde much lesse the place and benefite of ministers in dee de may bee for that in deede and trueth they haue intruded themselues into the ministery onely by fraude and deceite and haue not entered thereinto Bona fide iusto titulo in good fayth and by a iust tytle Cod. de autorita prestand l. cum qui. 6. q. 7. si quis deinceps ex de simo non satis Hee that knoweth a pupill to be vnder age and yet will contracte with him without consent of his tutor or hee that will receyue a Church from the hand of a laye man or he that will buye and sell things dedicate to religious vses can not in these actions meane any good faith or vse any good conscience because qui contra iura mercatur bonaÌ„ fidem presumitur non habere He that against the law maketh marchandize is presumed not to haue good faith Cod de autorit prestaÌ„ l. cum qui. 6 q 7. si quis deinceps extra de simo non satis Extra de regu in c. qui contra Now in the maner and forme of making ministers and their admission you haue heard of a solemn couenant and contract by opeÌ„ protestations on both sides made between the B. and the partie A contract made betweene the B. and the minister not obserued the B. demanding spondes put as facies dost thou promise dost thou thinke wilt thou do The partie aunswering spondeo I doe promise puto I doe thinke faciam I will do it This contract or couenant by law Ciuill is called stipulatio verborum a sure bond made by wordes and may be called a contract by worde By the law of Englande it is called an assumption And to the ende this contract be good in effect as in all other contractes so in this especially it is requisite that the same be made bona fide interueniente good faith comming betweene as well on the part of the demaundant as on the part of the answerer In ff pro solut l. 3. Cod. de vsur l. venditioni In Cod. de actio oblig l. bonam For saith the Emperor Bonam fidem considerari in contractibus aequum est Equity requireth that good faith be considered in contracts And that either to this end Vt cesset dolus ad eoruÌ„ essentiam or to this end vt cesset dolus ad eorum effectum that guile may cease to the substance of the contract or that guile may cease to the effect of the contract ff de dol l. eleganter ff de verb. oblig l. si quis â—um For though according to the nature and condition of this contract by word the party fraudulently deceiued be notwithstanding by rigour subtiltie of law bound to the contract yet in as much as the lawe prouideth him a remedy against this mischief giueth him a peremptorie exception vtterly to exclude the agent from any benefit of his action the contract I say in effect beeing reuersible is in effect no contract and the aduerse party to be cleared from the performance thereof Quia contractus non sortitur effectum propter exceptionem doli The couenant taketh no effect by reason of the exceptioÌ„ of guile The law it self followeth Si quis c. If any when he had couenanted to be bound after one manner yet notwithstanding by circuÌ„uention is bound after another manner he shall indeed stand bound vnto thee by the subtilty of law but he may vse an exception of deceit for in as much as he is bound by deceit an exception is giueÌ„ him As for example I haue promised vnto you my ground excepting the vse of the fruit therof afterwards by collusioÌ„ you perswade me to promise you the same ground together with the vse of the fruit therof this promise in effect is void because you vsed deceit in getting my promise Ye suppose that you for your part had not beguiled me that ther had bene no deceit on your part but that I had beene beguiled only because the thing it self was wrongful iniurious in this case also your action shall cease your writ shal abate IdeÌ„ est c
cōmon weale also lesse sinful to the lord then the other Lesse hurtful because the pore needy of the one haue oft a good sliuer of bread a good dish of drink at the patrōs doore yea sometimes a good meales meat at his table and a good fier in his hall But touching the Hospitallitie and housekeeping of a non resident his Kitchion Chimneis are euer like the Nose of a Dog euer colde neuer warme his Baylye playeth Sweepe Stake hee purseth his Wheate in a Six peny Bagge and carryeth his Barley in a little Budget sometimes Forty Miles sometimes an Hundred sometimes three hundreth from his Parsonage yea out of Ireland into Cambridge out of VVales into Oxenford from beyonde Lincolne to Salisbury from besides Leycester to Comberland from Malburne to Harley Lesse sinfull to the Lorde because the Patrone enioyeth his right by couenauntes and good will of him that by Lawe is reputed the lawfull person and whome he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonsident against his promise to his patrone against his oth to his Ordinary without consent of the people against the law of man against the Ordinance of the Lord robbeth spoileth the people of the tenth of their labours liueth idely by the sweate of other mens brows But to let passe the aunswere made before to the Pluralitie man and to speak no more of the Byshops owne wilfull negligence in making vnlawfull ministers that therfore hee hath no cause to complaine against patrones for preferring vnlawful men to benefices whō he hath vnlawfully preferred to so hie offices therefore not to be pitied in case by law he were punished because he should haue looked before hee had leaped I say to let this passe yet the obiection made before in their defence is an obiection in truth not to be obiected The trial of the ability of the person presēted whether it consist in learning or in life is and euer hath bene onely in the authority of the Church and neuer in the power of the Laitye Authent de sanct epis §. clericos col nona First touching the enquirye of their ability for learning to leaue to speake of the Canon Lawe which altogether attributeth the same vnto the cleargy the ciuill law and the Canon Lawes of this realm agree herein together and attribute the enquiry thereof to the cleargy onely The Ciuill law sayth thus Authent vt clericus qui reced § illud quoque coll quint. If they which are chosen by them as men vnworthy be forbidden to be ordeyned then let the most holy B. procure such to be ordeined whom he shall thinke meetest And thus we decree moreouer that thing to belong to the honour and worship of your seate that none buylding a Church or otherwise bestowing almes vpon them that minister therein bee thus bolde as by power to bring vnto your reuerence men to be ordeyned but our minde is that by your holinesse and iudgement they be examined touching the Idoneitie of a parson presented to an Ecclesiasticall benefice by the lawes of the Realme the examination of him likewise pertayneth to the Ecclesiasticall iudge and so it hath been hitherto vsed and so let it be done hereafter Articuli cleric c. 13. And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in issue and the Ordinarie is partie that shall not be tryed by him because hee is partie but by the Metrapolitane if the Clearke bee aliue and if hee bee dead then by the Countrie where the examination was had 39. Ed. 3. fol. 1. Brooke title Triall 25. case And againe Where the Ordinarie after the patron hath presented doth inquire and finde the Clearke to be criminous and the time of the lapse by this meanes passe there he shall not make any collation by lapse but first giue notice vnto the partie if he be a layman but contrariwise if he be a spirituall man note the difference For he may know his owne Clearke Brooke Title Notice 6. case But were it so that the Laietie had power therein and that the Archbishop were excluded Yet if the bishop after he were compelled by processe from any of her highnesse temporall Courtes of iustice to admit an vnable Clearke did foorthwith call this vnable Clearke into his consistorie and obiect againste him his vnabilitie and for the same degrade him of his office What remedie had the same Clearke against his Ordinarie in this case Hee beeing once deposed from his office by his Ordinarie the common lawes shoulde haue nowe no remedie to helpe him he beeing no more to be called a Clearke and therefore not to bring any writ or commence any sute againste his Ordinarie in the name of a Clearke But we will conclude Since the statute of 25. Henrie 8. hath authorized all Canons constitutions and Synodalles prouinciall made before that statute not being contrariant or repugnaunt to the lawes customs of the Realme nor derogatorie to her Maiesties prerogatiue Royall to be nowe in force and executed and also since these Canons constitutions and Synodalles prouinciall before specified were made before the sayde Statute and be not contrariaunt nor repugnant to the Lawes and customes of the Realme nor derogatorie to her highnesse prerogatiue yea since they are agreeable to the Lawes and vsages of the Realme and vpholde her prerogatiue Royall And since by these Canons and other acts of Parliament and her highnesse iniunctions it is euident that men learned that men apt and meete to teache are to be placed ministers in the Churche and that men vtterly vnlearned and such as can onely read to say Mattens or Masse are not to be admitted That therefore a learned Ministerie is commaunded by the Lawes of England And if so then an vnlearned Ministerie forbidden by the same lawes and if so then by the same Lawes such penalties and corrections to be laide inflicted vpon the contemners of the said Lawes as by the sayd Lawes are wholesomly prouided againste such wilfull Lawe breakers ¶ Dispensations for many benefices vnlawfull Extra de cle non residen c. quia nonnulli c. 1. de consuet lib. 6. QVIA NONNVLLI c. For as much as some putting no measure to their couetousnesse endeuour to take many Ecclesiasticall dignities and many parrishe Churches against the ordinances of holy Canons and beeing scarce able to discharge one office yet notwithstanding challenge vnto themselues stipendes due vnto manie wee straightly commaunde that henceforth this abuse be not any more permitted And that whēsoeuer any Church or Ecclesiasticall ministerie ought to be committed we will such a parson to be sought that may bee resident in the same place and discharge the cure by himself And if any thing shal be done otherwise let both the receiuer lose that that he hath so receiued and let the giuer
Therefore c. 1 Whatsoeuer is vndecent and vncomely in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomely 3 Therefore for one man to be placed in two benefices is vnlawfull BEside these Canons there are many mo establishing the not hauing of many benefices for one man but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuers other absurdities thē wherof mention hath ben yet made against the vnlawful retinue of many benefices are expresly all eaged is not amisse to be repeated Who sayth as followeth Octob. de inst seu collat cap. 2. EX HIIS AVTEM c. We suffice not to speake how great euils proceed out of these pluralities vnto the church For by them the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting any voyde benefice is frustrate The miserable and blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strifes and contentions arise braules and enuies are nourished And for this cause we chiefly feare the fire of God his wrath to haue beene kindled against men of such rule and for the offences of some to haue sent a feare or reuenge against all and whilest we see nothing so perillous we feare such or greiuouser thinges in time to come vnlesse God by his mercie respecting vs shall lay to some wholesome remedie If the disease and maladie of pluralities in time of ignoraunce and superstition was such 5. P. 2. that the blinde leaders of the blinde had their eyes in their heades to see the infection ther of to be most perrillous as well to their synagogue as to their common weare how is it possible that plurified men in the time of the knowledge and truth of the Gospell should find any meanes to escape the fyre and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of Englande also made against these excesses prohibite likewise the hauing of mo benefices as appeareth by an Act of Parliament made the 21. yeare of Henry the 8. the tenor whereof ensueth And be it enacted that if anye person or persons hauing one benefice with cure of soules beeing of the yearely valew of 8. pound or aboue accept and take any other with cure of soule and be instituted and inducted in possession of the same that then and immediatly after such possession had thereof the first benefice shall be adiudged in the law to be voyd And that it shall be lawfull to euery patron hauing the aduouson therof to present an other the presented to haue the benefite of the same in such like maner and forme as though the incumbent had dyed or resigned Any lilence vnion or other dispensation to the contrary here of obtayned notwithstanding And that euery such licence vnion or dispensation had or hereafter to bee had contrary to this present Act of what name or names qualitie or qualities soeuer they be shall be vtterly voyd and of none effect As touching any other Canons made and in force before 25. Henry 8. allowing certayne immunities priuiledges and dispensations to be graunted for the possessing of many benefices parrish Churches rightly vnderstood are no way preiudiciall vnto these former ordinaunces For in thinges depending vpon the meere disposition of man though the magistrate haue authoritie as well generally to forbid and prohibite as also in some cases besides the said law to licence and dispence Yet concerning the matter of pluralities it will not be found Pluralistes I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condero Papa qui ius condidie est supra ius maiorem enim retinuit potestatem c. That is To him it belongeth to pul downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is a boue the law because he hath retained a greater power to himselfe then he hath giuen to the law The pope hath a fulnes of power to dispose of benefices at his pleasure And therefore say they As Churches were at the first by Law positiue both founded and distinguished so may they againe by the same lawe positiue either be cleane taken away or vnited Which vnnecessarye and sophisticall consequence is simply to be denyed First for those former rules generally vnderstood without limitation and distinction be either vtterly false or els contrary and repugnant to other principles of lawe Againe concerning these or anye other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generally giuen in thinges of meere pollicie and disposition of man onelye deuised by man of which sort these former rules are that receiueth not some limitations and restrictions And that therefore these principles whervpon the foundation of pluralities is layde beeing weake and easilye shaken with a little blast of mans witte can not stande or haue anye sure setling in as much as againste the same many challenges may be made and many exceptions taken Secondly the foresayd coherence followeth not for twoo apparant and principall fallacies contained in the same as afterwardes shall be manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. He may breake a law that may make a law the same is not alwayes true It taketh no place Vbi causa prohibitionis est perpetua Where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quia perpetuam habet causam prohibitionis nulla est obligatio Because it hath a perpetuall cause of prohibition there is no obligation ff de verb. oblig l. si stipuler in id glos extra de simo c. si quis ver iuramentum As for example the reason and cause of prohibition againste murther theft rauine blasphemy is perpetuall and therefore the lawe againste murther theft rauine and blasphemye ought to be perpetuall And therefore man hauing once made lawes againste these vices it is not lawfull for man afterwardes to dispence with these vices or by licence to warrāt any man to steale to kill to spoyle or to blaspheme For whosoeuer shall in this sort dispence with a lawe the same also may dispence with the reason of the lawe and so with the soule and life of the lawe and so make the lawe a vayne and dead lawe Ratio legis est anima legis The reason of the law is the soul and life of the Lawe therefore as none
most highest whom he haâ—… commaunded to be holy and perfect as his Heauenly Father is perfect defend all these horrible sinnes and impieties tollerable by dispensation Can a dispensation from a Pope or an Archbishop make theft no Theft rauine no rauine Couetousnesse and Ambition no Couetousnesse and no Ambition I speake herein to Christians which ought to maintaine the Law of Christe against the lawe of Antichrist For I know some of the Popes Chapleins grounding themselues vpon these rules of Law wherof mention hath beene made before and giuing vnto the Pope Merum imperium an absolute power on earth wil affirm that the pope can make Nihil ex aliquo and aliquid ex nihilo Nothing of somwhat somewhat of nothing Vid. gloss Extra de confes prebend c proposuit vers si praÌ„ ius Sinne to be no sinne no sinne to be sinne These blasphemies they spue out these blasphemies they maintain that think they may be theeues murderers extortioners by dispensation §. Apostoli dispensat 34 distinct c. lector And such are plurified men by their own plurality laws as shal further be manifested For as to the making of euery generall and publike ordinance constitution it is necessarily required that the same tend first to the aduancing of the honor praise glory of God Glos in c. non est extra de voto vers authoritate secondly that it be profitable expedient for the peace and safety of the weal publike euen so euery superiour Potentate to whom authority by law is giueÌ„ in some cases to graunt priueledges ought in the same cases to obserue the like conditions circumstances to the end their said priueledges may be auailable take effect without the dishonouring of God and preiudice to their country and people For though a Dispensation be but a fiction in law yet is that fiction indeede of as greate force and efficacie in that feyned case and worketh as great effect as the trueth of the Lawe it selfe in a case of trueth Cod. de coll dec l. liberos And by Lawe it is all one in effect whether I enioy anye Benefite by priueledge or by common right And therfore as a law publike must be equal honest iust possible agreeable to the Country place and time necessary profitable not written for any priuate commodity but for the common profite of the people Distinct 4. c. orit so likewise must a Priueledge haue all these conditions and qualities Otherwise as a generall and publique Lawe loseth the name of a publique Lawe vnlesse it bee such as hath the foresaid coherences euen so a Priueledge loseth the name of a priuate Lawe vnlesse it haue the like Adiunctes The second fallacy wherein plurality men beguile themselues is as euident and palpable as the first They reason thus Churches were established and parishes distinguished by man therefore Churches and Parishes may be vnited by man and if Churches may be vnited by man then one man may haue many Benefices The Antecedent of which Enthimeme is sophisticall because of the double and trebble signification of the worde Churches and therfore the argument limpeth after the same manner as the former did attributing the establishing of Churches to man onely for if they should mean by this worde Churches frames of Churches fashioned of Timber Wood Stone Morter and such like then say they truely that Churches were builded and founded by man as to saye by Masons Carpentors Tylars c. But they will not haue the name of Churches in their Argument to be taken in this sence Their meaning I am sure is not so they haue no such intent for so might they rather burthen themselues with the reparations of many Churches then profit themselues with the reuenues of many Churches And by being Lordes of many Steeples after that sort they might gape long ynough vpon them before they gayned ought by them If they meane by this worde Churches congregations and assembles of people then is their assertion absolutely fals because the Lorde hath willed all his people to gather assemble themselues together to the intent they shoulde call vpon his name And then in this sense their conclusion must needes fayle also because it is both impossible for all the people to bee assembled together into one place and also impossible to heare one mans voice But Churches againe taken vnderstood in this sence as they make not for their purpose one way so are they not curraunte to themselues and their sences an other way They woulde teache and preache little inough and bee wearie of well doinge soone inough had they not respect to grease themselues rather with the fatte of the labour of the people then diligently to gouerne and instruct the people And therefore I gesse their meaning to be that Churches in their former proposition shoulde signifie the liuings of Churches and therefore their argument to be thus in effect Liuinges of Churches are established and distinguished by man therefore liuings of Churches may bee taken away or vnited by man wherein they attribute still to man alone that that in no wise appertayneth to man alone for as Congregations are appointed by the Lorde himselfe so are pastors ouer Congregations and liuings for pastours likewise appoynted by him And therefore as coÌ„gregations of the Lords people cannot be altogether dissolued by man alone so ought not the liuinges appoynted for the pastours of the same people to be taken away by man alone Doe yee not knowe sayth the apostle Cor. 1. 9 13. that they which minister about the holy things eate of the things of the Temple they which waite at the Altar are partakers with the Altar So also hath the lord ordeined that they which preach the gospel shold liue of the Gospell And therfore in saying that liuings of Churches parrishes are distinguished by man therfore they may be vnited by man though in some sence the same may be true yet thereby it followeth not that many liuings appoynted by the Lorde himselfe for many pastors ouer many Congregations shoulde be taken froÌ„ many be giueÌ„ to one They might aswel conclude that wheras the lord had coÌ„manded the land of Canaan to bee deuided amongest the children of Israel by the hand of Moses and whereas Moses had giuen vnto some one family a greater portion and to some other family a lesser portion that therefore Ioshua Moses successour might haue taken both the greater and the lesser and giuen it to one alone or to haue takeÌ„ al the portions inheritances allotted vnto diuers sundry of a family and to haue giuen them to one of one family alone or wheras Moses according to his coÌ„mission had distributed the land into twelue parts according to the twelue principall and chiefe families Ioshua might haue made but two or three or foure Captaines ouer al the whole twelue tribes As our auncesters in times past bounding and
ordayne that the Byshops and their superiours may freely dispence with those that eyther nowe do obtayne or hereafter shall obtayne vnder thee such Churches that they continuing at study for learning be not compelled to be promoted vnto orders vntill the ende of seuen yeares And though this Lawe seeme speciallye to haue respect vnto such as for studie sake are Dispensed with for not entering into the Mynisterye before the ende of seuen yeares yet the reason of the Lawe abridging the time of continuall absence and appoyntinge that the flocke be not left without one able to gouern and teach the same is to be extended to all manner of dispensations whatsoeuer where the like absence may breede the like daunger ff De. vi vi arm l. 1 §. quod vulgo ff De. legib l. non possuÌ„t Vbi eadem ratio idem ius statuendum Where one and the selfe same reason is there one the selfe same law is to be ordeined De similibus simile debet esse iudicium In cases alike a like iudgement ought to be had And it is expresly forbidden in the Chapter QVIA before mentioned that no perpetuall Dispensation for receyuing of Ecclesiasticall fruites be graunted no not by the Pope him selfe And there is expresse mention made of him that shall not be resident vpon one of his Churches that shall be Student in any Schoole of learning that shall be absent from his benefice eyther at the Court of Rome or at any other place whatsoeuer that euen such a one shall not haue any perpetuity by Dispensation thereby to receiue the fruites and profites of that Church from the which for any of those foresay de respectes he may be absent Therefore against perpetuities of Pluralities out of the Chapiter Is etiam out of the Chapter Quia before rehearsed I conclude thus 1 Euery Dispensation graunted for the enioying of the Fruites of any parish Church without limitation of a certayne time is a voyd Dispensation 2 But euery Dispensation graunted for the perpetuall receiuing of the fruites of anye Parishe Church is a Dispensation without limitation of a certaine time 3 Therefore euery such perpetuall Dispensation is a voyde Dispensation THe first Proposition of this Syllogisme is the Position of the law it selfe The minor is most plaine For whatsoeuer is perpetuall the same can not be limited and whatsoeuer is limited the same can not be perpetuall And this perpetuitie in this case an I sayde before hath euermore relation to the terme of life because he is sayd to haue a perpetuitie a benefice that hath a benefice for terme of life And to take away all synister and double dealing in this action you shal vnderstande that a dispensation graunted once for seuen yeares at the ende of the sayde seuen yeares maye not be renued and reiterated for so at the ende of euerye seuen yeares a new dispensation beeing had in effect à perpetuall dispensation might be tollerated and so a man by fraude and couen might enioy that from the which by equitie and lawe he is altogeather secluded Which fraudulent and disorderly dealing by certaine generall principles and rules in lawe is absolutely prohibited The maximes are these De diuor c. quanto §. fi de elec commissa l. 5 Extr. de regni iur c. cum quod ff de ver ad ciuili perti l. li. §. 1. No statutum ipsum fiat ludibrio debitoque frustretur effectu non rebus sed verbis cum sit potius contrarium faciendum let imposita videatur nullatenus ea vice poterit iterato conferri Quod direste prohibetur indirectè non conceditur cum quod vna via prohibetur alicui ad id alia via non debet admittiâ—… quid quis in persona sua facere prohibetur id per subiectam personam exercere non debet That the statute it selfe may not be deluded and frustrated of hir due effect and that the lawe may seeme to be made not for thinges but forwords when the contrary is rather to be done it may not by anye meanes be againe the second time conferred And that which is directly prohibited is not by another way indirectly to be suffered Whensoeuer a thing is forbidden any man one way the same man ought not to be admitted to the same thing an other waye And that which a man is forbidden to do in his owne person he ought not to exercise by a substituted person So that once againe I say if it might please God to stirre vp the hearts of hir highnes Commissioners to haue a mature and ideliberate consideratioÌ„ of the statute before mentioned they shall find matter sufficient to pronounce a great number of licenses faculties dispensations by law to be meerly voyde and of none effect And so many benefices to be voyd in the hands of hir highnes vnto whom by lapse right hath accrued to present For by that statute the Archb hath no power or authority to graunt any other licence faculty tolleration or dispensation theÌ„ such as before the making of the statute was vsed and accustomed to be had obtayned at the sea of Rome or by authority therof But no licence faculty tolleration or dispensation before that time was had or obtayned at the sea of Rome or by authoritie thereof for the Frutes of any parrish Church by way of any kinde or manner of any perpetual dispensation or for any longer time then for 7 years only as appeareth by the former Canons and constitutions therfore none other ought heretofore to haue beene graunted neither though they haue been graunted are they effectual or auailable being graunted Anon iudice contra formam iuris scripti by one that is no iudge and againste the forme of law writteÌ„ ff quod vi aut clam l. prohibeti § plane Iudex non potest vltra facere quam ei concessum est a lege vel consuetudine A iudge may not do beyond that that is graunted him by law or custome Extra de reb eccle non alienam c. It is forbidden that church goods should be alienated without a cause or without authority of the superior If therefore any alienation be made of Church goodes without a cause and 〈◊〉 by authority of the superiour the alienation is voyd 〈…〉 infectis haberi Thinges done contrary 〈◊〉 ought to be accounted as thinges vndon And againe Cod. de leg l. non dubium Cod. de precib imper offerend l. 1. Sufficit legislatorem aliquid prohibuisse licet non adâ—…cerit si contra factum fuerit non valere .. It is sâ—…fficient that the lawe maker forbid though he shall not adde that the thing don contrary to his prohibition shall be voyd And againe Imperiali constitutum est sanctione 〈…〉 ea quae contra leges fiunt non solum invtilia sed etiam pro infectis haberdit sint It is plainly decreed by an imperial constitution that the thinges done against
these thinges that are to be abolished And besides these Canons there are many other constitutions confirming that a bishop ought not by law written and common right to exercise any iurisdiction without the special aduise councell and presence of the Chapter Glos extra de offic iud ordi c. irrefragabili ver per capitulū The reasons wherevpon these and such like decrees were grounded are these Firste that the iniuries extorsions violences the cruell vnciuile entreatie vsed by the Prelates against the inferiour Cleargie should cease and be extinguished Other reasons c vid. c. 1. Secondly as the heade in euery naturall bodye hath the vse and consent of all the other members to euery naturall action euen so sayth the lawe the bishop being the head that is to say the chiefe and principall member in the spirituall bodye ought to haue the vse of his fellow members to euery spirituall action The bishop without his fellow members may not excommunicate And marke the reason of the law for in that it saith the bishop is but a member it concludeth that he is not the body For he his other brethren al members make but one bodie Corinth 1. Now euery member thogh it be the principall member whether it be the head or the heart or the brayne standeth in neede of the helpe of euery inferiour member whether it be the hande the foot the finger yea or the very excrements of the body as the nailes or the haire And therefore out of these Canons I argue thus 1 No chiefe member of any body can do any thing in the body without the consent and assistance of his fellow members 2 But euery bishop is a chiefe member of a body 3 Therfore no bishop can do any thing in that bodie without the consent and assistaunce of his fellow members THe reason of the first proposition is this Whatsoeuer is good or euill for one member the same is good or euill for euerye other member And beeing good for one it must needes be allowed of all and being badde for one it must needes be disallowed of all Which naturall reason taking place in the naturall bodie the law translateth vnto the politicall or spirituall body and willeth that the same be allowed of all that toucheth all Quod omnes tangit ab omnibus approbetur And if any thing once touche and concerne all it can not by an other rule in lawe be translated to one-Quod semel meum est sine mea voluntate à me auferri non potest That which is once mine can not without my will bee taken from me againe Et vnaquaeque res per quascanque res nascitur per easdem dissoluitur Euery thing by what causes soeuer it is begun by the same it is dissolued Moreouer touching excommunication there is one other speciall reason why the bishop maye not excommunicate alone without the consent of the Chapter namely because this kinde of punishment is the greatest punishment in the Church Glos in c. 1. extra de excessib prelat ver capituli For it is sayd by lawe to be Eternae mortis damnatio Satanae traditio A condemnation vnto eternall death and a deliuerie vnto Sathan then the which there can be no more greeuous punnishment Excommunication the greatest punishment And therefore I conclude thus 1 The greatest punishment ought not to be inflicted but by great aduise Glos p. edic extra de 2 But excommunication is the greatest punnishment 3 Therefore excommunication ought not to be inflicted but by great aduise COncerning such as beeing once placed in any ecclesiasticall function and who for their misdemeanour are to be displaced againe the law to prooue the necessitie of the Chapters consent herein vseth this comparison 15. q. 7. c. vlt. SI ENIM HII c. For if they which in this world haue receiued frō their Lords the honor of liberty are not deliuered again into the yoake of bondage vnlesse they be publiquely accused before the tribunall seat of the Pretors or presidentes how much more ought they which are dedicated to the seruice of the holy Altar be consecrated with ecclesiasticall honor who verily may neither be condemned neither be depriued from the priuileage of their honour by the iudgement of one man But beeing presented vnto a synodall iudgement ought in the same to haue decreed against them whatsoeuer the Canon hath commanded Now because these lawes and ordinaunces are sufficient to proue what cōmon right law written is in this case that euery bishop exercising iurisdiction without the aduise and presence of the Chapter of his Churche ought to haue some other grounde for the maintenaunce of his proceedinges then law written it followeth to be discussed what the same grounde is or may be The pope reseruing a power vnto him selfe as he sayth aboue his law hath power to breake euery of his lawes and so hath no law but his will and so making him selfe a God on earth hath made prouisions that both this law touching the not exercising of Ecclesiasticall discipline by one man alone and the lawes of non residency and the not hauing of many benefices may be in truth no lawes at all and so in effect hath allowed a monster and a contrarietie in nature that one member should be all the members and that the head should be the whole body And what haue they done els that haue maintained by publike wrytinges the like proceedinges now a dayes to be lawfull For though they haue beene no Popes them selues Yet herein they can not denye to haue beene the Popes Champions hauing no other warraunt for such their doinges then the Popes will whose lawlesse will they maintaine to the vtmost for a lawfull law that mayntayne excommunication by one man alone to be any whit lawfull Well then as these lawes haue been made to rule and gouerne the Church by so these lawes haue beene a long time vnmade to vnrule and vngouerne by and that not without coullour of law to As first by way of priuiledge secondly by meanes of custome and long vsage To speake in this place of priuiledges graunted to this effect were superfluous and very impertinent Custome the ground of excommunication and not the law For though our bishops may haue remayning in their old recordes priuiledges from the Pope to giue them immunities in this behalfe yet for two respects I suppose they will conceale rather then reueale them First for that they seeme to maintaine their doinges herein rather by the scriptures then otherwise wherein how manifestly they erre both the scriptures and the custome of the Church repeated by these Canons are euident witnesses Secondly for that their priuiledges beeing graunted by an vsurper to her maiesties crowne and dignitie and not confirmed by the lawes of hir Empyre would yeelde them very little aduauntage I mind therefore in this treatise speciallye to handle the matter of custome in declaration
of this nature it is not of the nature of a priuate action betweene man and man nor of suite commenced betweene party and party but the case herein standeth betweene a meane person or a meere periuate man and the whole Church yea betweene the Lorde of Heauen and earth and a Byshop his pore creature It is not I say whether the same should bee executed by man onely because Firmius est iudicium quod plurimorum sententia confirmatur or by fewe vt facilius expedirentur negotia But whether the same should be executed onely by many and not by one because the ordinaunce of God is so And therefore the case standeth in effect thus whether a lawfull prescription by an Archbysh or Byshop agaynst a Deane and Chapter or the custome of an Archdeacon against Archbysh Bysh and Deane and Chapter by the Canon Lawe be a sound substantiall prescription and custome against the whole Church against the family of the Lord and against his ordinance For at the beginning it was not so Whereunto I aunswere that as Nullum tempus currit Regi nullum tempus currit reipub No time runneth against the King no time runneth against the common wealth so in this case and all other of the like nature Nullum tempus currit ecelesiae nullum tempus currit domino No time runneth the Church and no time runneth against the Lorde And therefore though the Byshop may perhaps affirme him selfe to haue obtayned right by prescription to excommunicate without any aduise of the Deane and Chapter yet shall he neuer be able to prooue that hee hath therefore lawfull authority to excommunicate alone sithence the vsadge of the first Church and the ordinaunce of the Lorde are quite and cleane agaynst his sayde assertion Yea I say more namely that euen by the Canon Law it selfe neither Archb. nor B. can truely iustifie any Excōmunication by one man alone at all the said popish custom now ceasing to be any more a custome For in deed the reason of this custome ceaseth to be any more a reasō for such a custom in our time the reason of the former lawes made before this custome vrgeth the same lawes to be practized again now a dayes And therfore as Cessante causa cessare debet effectus the cause ceasing the effect ought to cease vrgente ratione legis vrgenda est lex The reason of the Law vrging the Lawe is to be vrged So the sayde popishe custome ought in deede to cease and the sayde Canon Lawes ought to bee obserued Neyther is the Canon of Boniface the eyght made for the sayd custome any impediment hereunto First for that the saide custome is meerely against the worde of God with which no Pope coulde euer dispence And therefore as contrary to the Apologie of the fayth of the Church of England by no intendement of any statute or statute makers in England confirmed Secondly the Canon of Boniface made to confirme a custom not participating the nature properties and inseparable accidents of euerie good and laudable custome but onely made by a lawles absolute power contrary to the principles and axioms of Law is not confirmed by the statute of 25. vnlesse wee absurdly graunt eyther the said statute to confirme lawfull Canons and a law lesse custome or seuerally to establish a lawlesse custome and to infringe lawfull Canons For this decree of Boniface approoueth and ratifieth such a custome as hath no maner of fellowship or societie with any lawfull custom But to let these things passe and no further to vrge the defecte of the reason of the custome to abolish the custome or the efficacie of the reasons of the Law to establishe againe the law Let vs returne to the lawes and decrees before rehearsed authorising custom to binde as effectually as a law and by them let vs see whether this custome that one shoulde excommunicate alone authorized by Boniface the 8. participate the nature and proprieties of euery such custome as whereof mention is made in the lawes and decrees and if not then let vs conclude the same to be no custome at all Euery vsage is not a custome if no custome then no maner of excommunication either by lawe or custome to be vsed at all For euery vse creptin continued some long space is not therefore by and by a custom so of the nature of a law and of such power as foorthwith it may sholder out written law control cōmon right ff de consti princi l. in rebus Extra de prebend c. liceat de cleric non residen c. consuetudinē §. statuimus lib. 6. ff de legi l. Quod non Glos in c. aqua extra de consecr eccle ver consuetudine In rebus nouis constituendis euidens vtilitas esse debet vt recedatur ab eo iure quod diu obtentum est In ordeining new policies there ought to be an euident cōmodity for that law to be left that a long time hath bin obserued And againe Quod non ratione introductum est sed errore primum deinde consuetudine obtentū in aliis similibus non obtinet that that at the first was not begon by reasō but by error afterwards obteined by custom hath no place in other like cases Consuetudo quae est contra iuris naturam non prodest contra illudius non potest prescribi A custom that is against the nature of law profiteth not and against that law no prescriptiō may be For if the same shal be erronious vnreasonable not lawfully prescribed then is it of sufficient force to expel the law writtē therfore as hurtfull and preiudiciall for the gouernment of the church here after to be abrogated abolished For custome is no more priueledged then a lawe but as a law may be made dead taken away by a custome so like wise may a custome be made dead again by reuiuing a former law And though here might be vsed a peremptory chalenge against this custom begun continued in the popishe Synagogue contrary to the custome of the Church of Christ that for that cause in that respect only the same is farre vnmeet for vs therfore by vs to be vtterly abandoned Yet because we are as yet I can not tell how not altogether freed from the lawes and customes of the popish synagogue Let vs vse the reason of the same lawes to ouerthrow the same custome Neyther yet shoulde any man thinke that therefore the former popish lawes are to be approued as meete lawes for the Church of Christ to be gouerned by For weare there no other grounde of trueth that one shoulde not Excommunicate alone but the reason of the Popish law the obseruation therof wold not be vrged But because wee haue the trueth it selfe confirmed vnto vs at the commandement of the Lord by the Apostles mouth practised by the moste auncient fathers and by their authority and example drawn into
gouerment and not vppon the worde of God and that the lawe before was contrary yea and is contrarye still where noe suche custome hath beene so prescribed I conclude that in the beginning it was not so and therefore contrary to the commaundement of God and therfore vnreasonable and therefore no custome but a corruption Euerye custome must be lawfully prescribed The second property of euery good and laudable custome in the Church is that the same be rightly and lawfully prescribed otherwise it shall loose the nature of a custome and be of no force to binde And to such a custome these two thinges are necessarily requyred Glos extra de consuetud c. cum quanto First the same must be begun Sciente illo qui ius potest condere With the knowledge and consent of him that hath power to make a law Secondly it must not be Contra neruum ecclesiasticae disciplinae libertatem ecclesiae Against the ioyntes and sinewes of ecclesiasticall discipline and liberty of the Church Touching the former we are first to consider the state and condition of Pope Boniface whether he as a lawfull king gouernour or ruler had power and authoritie to inact and publishe a law in the Church of Christ or no For had he no authoritie to make a law in the Church of Christe then by the foresayd maxime it followeth that he had no authoritie to confirme or establish a custome Now it is manifest that the Popes kingdome is an vsurped kingdome that his power is not lawfully deriued vnto him by the word of the Lord that it is a kingdome more opposite and altogeather contrary to the kingdome of Christ that it proclaymeth doctrines against the doctrines of our Lord Christ that it vrgeth traditions against his commaundements that it inuenteth new sacrifices and disanulleth his onely and all sufficient sacrifice that it is externall and consisteth in outward pompes rites and ceremonies whereas the kingdome of our Lord Christ is spirituall and consisteth in the renuing the inner man If then there be such diuision and dissention betweene these two kingdoms because of the diuers gouernments of these two kinges I terme the Pope a king onely in respect of his vsurped kingdome the one gouerning his subiects by the sword of the spirite the worde of God the other gouerning his adherents by the inuentions of men and traditions of his owne braine it standeth vs the faithfull seruaunts and subiects of the Lord Christ in hand that as we are exempted by his grace and power from the bondage of our enemy so to exempt our selues also frō acknowledging any power to bee in his aduersary to make a lawe or to establish a custome for vs to be ruled gouerned by And as the papist to manifest his obedience to the Pope will affirme this custome to bee avayleable in the gouernement of the popishe churche and to bee good as brought in by the knowledge of their King the Pope so it standeth vpon our allegiaunce and fidelitie to our King Iesus Christ not to confesse this custome to bee commendable but as it is so to account the same altogether corrupt as beeing not brought into the Church with the knowledge of the same our King who hath only power to make a law in his Church but rather foysted in by the power of an vsurper contrarye to our saide King his expresse will and commaundement In deede if our Byshops and other Church gouernours were popish bysh acknowledged the Pope for their general superintendēt and that he had power to make a law they might then seeme to haue some reason by alleadging this custome for their defence neither could I then deny the vse and authority thereof vnto them But the case standeth otherwise with them Our Byshops pretend thēselues to bee enimyes vnto the Popes vsurped power they would bee no maineteyners of his authority they confesse not him to haue power to make a law they account and repute him to be meere Antichrist Yea our Byshops are ministers of the Gospell they are dispensers of the worde of God they bee Legates from the Lord Christ to declare his good pleasure to his people And therefore the state of our question is otherwise and standeth thus namely whether a custome begun and continued in the synagogue of Antichrist with the knowledge of him that in that synagogue had power to make a Lawe bee a good and a laudable custome for the Church of Christ being begun continued without the knowledge of the Lorde Christe And whether the ministers of the Gospell may safely challenge the vse or benefite of any such custome in the ministery of the Gospell or no Whereunto I aunswere and that by Lawe negatiuely For making the Kingdome of our Lorde Iesus Christe and the ministery of his Gospell to bee as it is indeede a Kingdome of power and grace and to bee a Kingdome opposite and contrary to the kingdome of Antichrist I say that there can be no custome brought into his Churche nor practised by the ministers of his Gospell vnlesse the same bee broughte in by the knoweledge and consent of their Lorde and King Iesus Christe who onely hath power to make a lawe for them to be gouerned by And that therefore vnlesse it may be iustified that this custome namely that one shoulde excommunicate alone was brought in with the knowledge and consent of our Lorde Iesus Christe I say that by Lawe this custome is a voide custome And therefore I conclude thus 1 Euery custome begunne and continued in the Church of Christe without the knowledge and consent of Christe who onely in his Churche hath power to make a Law is no custome lawfully prescribed 2 But this custome namely that one should excommunicate alone is begun and continued without the knowledge and consente of Iesus Christe 3 Therefore this custome is not lawfullye prescribed And agayne That this custome namely that one shoulde excommunicate alone is agaynste the force of ecclesiasticall Discipline and the liberty of the church and therefore not auaylable I prooue as followeth 1 Whatsoeuer is agaynste the policye of the Churche of Christe instituted by God for the wholesome administration and gouernment thereof the same is agaynst the force and power of ecclesiasticall Discipline 2 But this custome namely that one shoulde excommunicate alone is agaynste the policy of the Churche of Christe instituted by God c. 3 Therefore this custome is against the force of ecclesiasticall discipline THe firste Proposition is playne and euidente from the definition or discription of ecclesiasticall Discipline defined to bee Christianae Ecclesiae politia à deo illius vectè administrandae gubernandaeque causa instituta The pollicy of the Church of Christ instituted by God for the good administration and gouernment of the same So that whatsoeuer may bee sayde to bee contrary or repugnaunt vnto this forme and manner of Christian pollicy the same consequently may bee affirmed to bee contrarye and
repugnaunt vnto Christian Discipline the sayde policie contayning the very whole and entire nature essence of the saide discipline therfore the one conuertible with the other as the very true and essentiall definition with the very thing it selfe defined The second proposition I prooue by two conclusions 1 Whatsoeuer is the onely policy of the Church of Rome the same is the pollicy of the Church of Antichriste 2 But that one by custome should excommunicate alone is the onely policye of the Churche of Rome 3 Therefore the policy of the Church of Antichrist and if of Antichrist then not of Christ for there is no communion betweene lighte and darkenesse between Christe and Belyall THat the pollicy of the Church of Rome which is my first proposition is the pollicy of Antichriste is euident inasmuch as the Church of Rome teaching for doctrines the traditions of men and hauing her mouth open to blasphemy against GOD and to blaspheme his name and his Tabernacle and them that dwell in Heauen is the Church of Antichrist The second proposition shall be prooued with the second proposition of the Syllogisme following My second reason is 1 Whatsoeuer is not instituted by God for the gouernment of the Church of Christe the same is not the pollicy of the Church of Christe 2 But a custome whereby one should Excommunicate alone is not instituted by God for the gouerment of the Church of Christe 3 Therefore the sayde custome is not the pollicy of the Church of Christ THe first Proposition is drawn from the essence nature of the pollicy of the Church of Christ for that no other pollicy can bee the pollicy of the church of Christ than that pollicy which is instituted by God the Lorde and Father of Christe for God is the onely head of Christe and the lawe giuer vnto Christe for whatsoeuer I haue receiued saith Christe that haue I cōmanded you And that which I receiued of the Lord saith the Apostle that I haue deliuered vnto you Now it is manifest that both our Sauiour Christe his Apostle 1. Cor. 5. 4. 5. Mat. 18. 16. 17 18. deliuered a policie vnto the Church of Christe for the gouernement thereof namely excommunication by many and therfore that excommunication by many is instituted by God for the gouernement of the Churche of Christe cannot bee denyed And if excommunication by manye bee commaunded by God then excommunication by one alone is forbidden by God The second proposition I proue thus 1 Whatsoeuer is the tradition and inuention of man the same is not the institution of God 2 But a custome wherebye one shoulde excommucate alone is a tradition and inuention of man 3 Therefore the same is not the institution of God THe first proposition is manyfest by infinite places of Scriptures especially by the doctrine of our Sauiour in the fiftenth after Mathew where hee proueth that the Pharisees reprehending his disciples for not keeping the traditions of the Elders in washinge their hands haue made the cōmandemēnt of God of noe aucthority by their owne tradition manifestinge thereby that in vain they worshipped him teaching for doctrines mens preceptes The second proposition of this syllogisme with the second proposition of the former syllogisme is proued by the decree of Boneface the eyght before alleadged which Boniface was a man was a Pope and Gouernour in the Church of Rome was an enimy to the institution ordinance of God And therfore against the force and vertue of the sayde custome as not lawfully prescribed and therefore not hauing sufficient power and authoritie of an equall iust vnwritten law beeing brought into the Church about three hundred yeares passed and that by the ratification of Boniface the eyght an enemy vnto the church I conclude thus 1 No custome against the force of ecclesiasticall discipline can bee a custome lawfully prescribed for the law warranteth no such custome 2 But this custome namely that one shold excōmunicate alone is against ecclesiasticall discipline 3 Therefore this custome can not be a custome lawfully prescribed And therfore a meere and manifest corruption THE first proposition is the lawe it selfe The seconde proposition hath beene prooued from the definition of Ecclesiasticall discipline And therefore our sole customarie excommunicatours shall come to late to deny the conclusion I made mention before of one other condition properly incident and inherent to euery custome lawfully prescribed namely that the same shoulde not be againste the libertye of the Church of Christe Nowe that this custome namely that one should excommunicate alone is also against the liberty of the Church And therefore not lawfully prescribed I proue thus 1 Whatsoeuer is against the libertye of the congregation of the faithfull the same is againste the liberty of the Church 2 But a custome whereby one shoulde excommunicate alone is against the liberty of the congregation of the faithfull 3 Therefore the same is againste the liberty of the Church THe first proposition is euidēt because the church comprehendeth the congregation of the faithful Ecclesia congregationem fidelium comprehendit And here according to the supposition of the lawe and according to the meaning of the same lawe whereof I intreate I argue from the generall to the particular thus 1 If for the Pope challenging vnto him selfe absolute power and authoritie ouer the vniuersall Church to excommunicate alone shoulde be contrary to the liberty of the whole societie of the faithfull and so of the Church in generall then for a Bishop challenging vnto him selfe authoritye ouer the particular Churche with in his particular Diocesse to excommunicate alone is contrary to the libertye of the particular societie of the faithfull and so of the particular Church within his Diocesse 2 But the first is not lawfull 3 Therefore the second not lawfull FOR Quod iuris est in toto quoad totum idem est in parte quoad partem What right there is from the whole vnto the whole the same right is from the part vnto the part Againe that this custome namely for one man to excommunicate alone in one place is against the liberty of the Church in one place which is my seconde proposition I prooue from the essence and nature of liberty Libertas saith the lawyer ff de statu ho. l. libertas est naturalis facultas eius quod cuique facere libet nisi quod vi aut iure prohibetur Libertie is a naturall faculty to doe that that euerye man is willing to doe vnlesse by force or Lawe he be restrayned By which definition though the Lawyer haue properly defined the onely liberty of a reasonable and naturall man and not of the spirituall and regenerate man yet by the selfe same definition maye appeare what the freedome of a man new borne ought to bee namely such a gratious liberty as whereby he might thoroughly without restraynt performe whatsoeuer he woulde in the spirituall seruice of the Lorde vnlesse by violence
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
minister such men are altogether vncapable of such offices For CONSVETVDO c. A Custome cannot giue authoritie vnto priuate persons to excommunicate neither to degrade or depose neither yet to arest Cleargie men or bodily to chastice them De offic Archid. c. cum satis Extra de elec c. transmissa De cleric co◅ c. cle 10. lib. 6. Touching the statute made in 37 yeare of Henry the eight that al singular persons as well laye men as those that were then or shoulde afterward be marryed beeing Doctors of the Ciuile law lawfully create and made in any vniuersitie maye lawfully execute and exercise all maner of iurisdiction and all Censures and coertions appertaining or in any wise belonging to the same First I aunswere that the same is but a law of man and therfore by man may be abrogated Secondly that as it was made in a corrupt time so in truth the statute in that poynt is corrupt and ought therefore in the same point to be repealed For though the same statute in some respect establishe and confirme vnto the king and his successors and so vnto our most gratious soueraigne Ladie the Queenes maiestie that now is lawfull preeminence power superioritie and Lordship ouer all persons within hir Dominions of what state or condition soeuer touching punishment for any heresies errours vices schismes abuses idolatries hipocrisies and superstitions springing or growing by meanes of any hir disobedient and disloyall subiectes so hath hir maiestie by hir iniunctions published that hir highnesse did neuer pretend any title or challenge any authoritie to punnishe any of hir subiectes for any of the sayde offences by censure Ecclesiasticall in right belonging to hir royall person but that hir highnesse meaning and intent is and alwayes hath beene to commit the execution thereof alwayes to the Ecclesiasticall state of hir time Hir Iniunction is as followeth The Queenes maiestie beeing infourmed that in certaine places of the Realme sundry of hir natiue subiectes beeing called to Ecclesiasticall ministerie in the Church be by synister perswasion and peruerse construction induced to finde some scruple in the forme of an oth which by an act of the last Parliament is prescribed to be required of diuers persons for the recognitiō of their allegiance to hir maiesty which certainly neuer was euer mēt ne by any equity of words or good sence can be thereof gathered Woulde that all hir louing subiectes should vnderstand that nothing was is or shal be ment or intended by the same oth to haue any other duty allegiāce or bond required by the same oth then was acknowledged to be due to the most Noble kinges of famous memorye King Henry the eight hir maiesties father or king Edward the sixth hir maiesties brother And further her maiestie forbiddeth all maner hir subiectes to giue eare or credit to such peruerse and malicious persons which most sinisterly and maliciously labour to notifie to hir louing subiectes how by the wordes of the sayd oth it may be collected that the kinges or Queenes of this Realme possessours of the crowne may challenge authoritie and power of ministerie of diuine offices in the Church wherein hir sayde subiectes be much abused by suche euill disposed persons For certainly hir maiesty neuer doth ne euer will challenge any other authoritie then that was chalenged and lately vsed by the sayd noble kinges of famous memory king Henry the 8. and king Edward the sixth which is and was of auncient time due to the imperiall Crowne of this realme that is vnder God to haue the soueraigntie and rule ouer all manner persons borne within these her realms Dominions and Countreis of what estate either ecclesiasticall or tēporall soeuer they be so as no other soueraigne power shall or ought to haue any superioritie ouer them And if any person that hath conceiued any other sence of the form of the said oth shall accept the same oth with this interpretation sence or meaning hir maiestie is well pleased to accept euerye such in that behalfe as hir good and obedient subiectes and shall acquite them of all maner penalties contayned in the sayde act against such as shall peremptorily or obstinately refuse to take the same oth By which Iniunction we may euidently perceiue that as the Lord hath restored vnto hir maiesty the scepter of iustice and iudgement ouer all persons within hir Dominions and reunited the gouernment ouer the ecclesiasticall state to hir highnes crowne and dignity so hir maiesty remembring the Lords goodnes towardes hir mindeth nothing lesse thē hereby to cōfound the two principal offices in his church viz. magistracie ministery but leaueth them still distinguished as by his word he hath prescribed challenging vnto hir selfe as chiefe magistrate nothing els but power to commaund both that the true ministery be duly executed by men lawfully called thervnto and also that hir lawful magistracie may be aduaunced in all thinges according to his word Wherin we see hir maiesty both in respect of hir sex and in respect of hir ciuile office vtterly to haue refused to take this part of the ministery vpon hir as wel as she doth abstaine from ministring the Sacramentes or dispensing the word by publike preaching She contenteth hir selfe with the authority limited vnto hir by the word of God ouer the bodies goodes liues possessions of hir subiects she challengeth no power ouer their soules as by excōmunication to deliuer them to sathan If any person whatsoeuer shall offend against any law statute or custome of this Realme whereby he may incur any bodily punishment she thinketh it sufficient for hir by hir processe to summon him before hir tribunall seate and vpon his triall to haue in hir name iudgement pronounced against him for the breach of hir highnes lawes whether the same consist in losse of life goods landes promotions or whatsoeuer And as touching ecclesiastical coertion if any of hir people deserue to be punished by the ecclesiastical ministery hir highnes demandeth no other soueraignty then to cōmaunde the ministery to exercise the discipline of the Church againste the offenders as by the lawes of God they are cōmanded and in case they of the ministerie shal be herein remisse negligent then to punish them with such paines as either by hir lawes is prouided or by hir wisdom shal be thought expedient in that behalf for the contempt of hir gratious cōmandemēt neglect of the Lords seruice In which diuersitie of punishments the diuersitie of the offices of magistracie and ministery doth manifestly appeare Magistracie hauing euermore regarde to the bodye and outwarde man but ministery alwayes to the soule and inner man The magistrate punisheth with bodily chastisemēt the minister with spiritual discipline neither doth th one hereby derogate frō the other or any whit weaken the other but rather ech one strengthneth fortifieth the other For the mind brought in frame by discipline frameth the whole body to a more holy obedience so that
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
mony or else a bodily punishment and executed according to the Prouerbe Qui non habet in bursa luat in corpore Hee that hath not to paye in his Purse let him redeeme it in his body Which kinde of punishment for the most part inflicted againste excommunicated persons vpon their absolution and restitution to the congregation may seeme to bee of the same force to confirme the former assertion namely that excommunication is a ciuill punishmente For in this respect that mony is giuen and receiued for absolution it may sauour to vnsauory senses to be a ciuill punishment but no more can hereupon be concluded that excommunication is a kinde of ciuill punishmente because mony is giuen for absolution then that a punishment by mony is a bodilye punishmente because mony is giuen for the redemption of the body And agayne if the Patrons of this ciuill excommunication doe not vnciuily abuse absolution neither the party excommunicated by giuing neyther the iudge absoluing by receiuing any monye shoulde haue any colour to faigne or forge anye such distinction for that no exchaunge by monye ought to be made betweene excommunication and absolution Absolution freely to bee giuen The sentence of excommunication is simplie to be denounsed for some heinous offence the sentence of absolution is freelie to be giuen vppon repentaunce the partie is not to paye for excommunication the iudge ought not to receiue for absolution one pennie Extra de simo c. ad ures CVM IGITVR INDIGNVM c. Seeing it is vncomely contrary to the reason of the church saith the canō that the benefit of absolution be redeemed We command that if the party haue paid the 100 pounds you cause him freely to bee al solued neyther shoulde this punishment be imposed for euery trifle or small faultes For as it is the greatest punishment by lawe so ought not the iudge to giue sentence thereof rashly or vnaduisedly but as it were with a payre of Leaden heeles j. j q. 3. nullus NVLLVS SACERDOTVM c. Let no Priest for small and trifling causes besides the faults for the which the olde Fathers haue commanded offendors to be kept from the Church suspend any man of sound faith The Emperour by his Emperiall laws inhibiteth the same Authen desanctis episco § omnibus colla no. OMNIBVS AVTEM EPISCOPIS c. We forbid all Byshops and elders to separate any man from the holy communion before a cause bee shewed for the which the holy rules bid the same to bee done And if any neglecting these thinges shal seperate any from the holy communion let him that is thus vniustlye excommunicated as absolued from the excommunication receiue the holy communion of an inferiour Priest By the auncient Lawes of this Realme of England the like prohibitions and prouisions haue beene established Math. Parisiensis Hen. 2 fol. 135. Anno. 116. H. in a counsell holden at Claredon SI AB ARCHIDIACANO c. If any shal be cited by the Archdeacon or by the byshop for any matter to make aunswere before them and will not satisfie vpon their citations it is lawful inough to interdict him but hee ought not to excommunicate him before the Kings chiefe Iustice of the same Village haue beene requested to compell him to come to satisfaction And again Math. Parisi ibidem Asserit rex iuxta c. The king according to the prerogatiue of his kingdom commaundeth that none holding of the king in chiefe or other minister be excommunicated by any man without his knowledge least if the king not knowing thereof by his ignoraunce communicat with an excommunicat person admitting either to his kisse or to his Councell an Earle or a Baron comming vnto him And now sithence by the auncient canons decrees and constitutions confirming the good and auncient vsage of the Churche and Fathers in olde time It appeareth that excommunication and all other censures of the Church shoulde not be exercised by the Bish alone but with the consent of the Cleargy eldership wherby many extorsions and briberies haue been repressed Sithence by a pretensed custome alone begun in the popishe synagogue the contrary hereof hath been practized And sithence the same pretensed custome was first grounded vpon a politike reason only Vt facilius expedirentur negotia Which reason now ceaseth Sithence the same is also vnreasonable and an enemy vnto the Canons sithence the same is violent not peaceable but interrupted sithence it was neuer begun Bona fide and sithence also it is erronious as not begun with the knowledge consent of the lords people Yea sithens it was begun Mala fide as being against the law of God and begun without the consent of the Bishop Christ who onely hath power to make a law in his Church Sithence it is against the power of ecclesiasticall discipline and ouerthroweth the libertie of the Church bringing the same into seruitude bondage And sithence excōmunication is no ciuile but a meere spirituall punishment to be executed onely against great offences Let vs conclude that excommunication by one alone is not lawfull ¶ IT IS VNLAWFVLL for a Bishop or any other Ecclesiasticall person by common right to beare any ciuile office in the common weale Extra ne cleri vel mona c. sed nec SED NEC PROCVRATIONES c. But let not any Clearke presume to exercise any gouernment of Villages or secular iurisdiction vnder any Potentates or seculer men as to bee made any their Iuctices And if any person shall attempt to doe against these thinges in so much as contrary to the doctrine of the Apostle who willeth none going a warrefare to God to intangle him selfe with worldly affayres hee dealeth therein worldly let him be seperated from the Ecclesiasticall ministerie for that he to please the Princes of the worlde drowneth him selfe with the waues of the worlde neglecting the office of a Clearke And againe Extr. ne cleri vel mona c clericus IVBEMVS ETIAM c. We commaunde vnder the threatning of the great excommunication that no Priest haue the office of any Vicount or secular gouernour And if any shall presume to do the contrarie and beeing warned will not amende let him be subiect to excommunication The reasons of these Canons may be thus briefly gathered 1 He that goeth a warfare to God ought not to intangle him selfe with worldly businesse 2 But euery Bishop and euery Clearke goeth a warfare to God 3 Therefore he ought not to intangle himselfe with worldly affayres 1 None beeing a Bishop ought to neglect the office of a bishop or beeing a Clearke the office of a Clearke 2 But whosoeuer being a bishop or being a Cleark shall vse ciuile iurisdiction the same being a bishop neglecteth the office of a bishop and beeing a Clearke neglecteth the office of a Cleark 3 Therefore none beeing a bishop or a Clearke ought to exercise ciuile iurisdiction 1 Euery bishop and euery Clearke
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
Lyndw. ne clerici vel monac c. vlt. PRESENTI DECRETO c. Wee ordeyne by this present decree that Clearkes beneficed or placed in holy orders bee neyther admitted gouerners of Villadges as to be Stewards or Bayliffes of such administrations by occasion whereof they might be lyable to make accounts vnto laye men neyther yet that they exercise anye secular iurisdiction speciallye those whereunto iudgement of bloode is annexed And from these decrees I conclude thus 1 Whosoeuer ought to attend vppon the alter and to giue him selfe to prayer and making of supplication ought not by anye testament to bee made a Tutor or Gardian 2 But euery one honored with the holy priesthood and placed in the ministery of Clearkes ought to attend vppon the Alter and apply him selfe to prayer making of supplication 3 Therefore none honoured c. and placed c. ought by any testament to bee made a Tutor or Gardian 1 Whosoeuer is gouernour of any Village Steward or Bayliffe of anye liberty or bayliwicke is by vertue of his office accountable to the laytie 2 But no Clearke beneficed or otherwise placed in holy orders by occasion of temporall officers ought to bee accountable to lay men 3 Therefore noe Clearke beneficed or anye other placed in holye orders ought to bee anye Gouernour Steward or Bayliffe THE lyke constitution was made by Octobone sometimes Legate from the Popes side here in Englande and speciallye publyshed againste the excesse of our Englishe Cleargy in this behalfe Constitu Octob. ne clerici iuris secular exerceant CVM HONESTATIS c. Insomuch as it is reputed a speciall decency of ecclesiastical honesty to be farre estranged from carnall actions we deeme it a very heynous and filthy thing that handes deputed vnto heauenly ministeries shoulde be intangled with secular affayres Or that certaine Clearkes seeking after earthly gaines and temporall iurisdiction thorowe a foule and greedy rauine doe receiue from lay men seculer iurisdiction and be called Iusticers and minister iustice which they cannot minister without a dissipation and iniury of ecclesiasticall order Therefore we desirous to extirpate this horrible vice straightly forbid all persons of churches and Vicars with perpetuities yea also all other manner of persons whatsoeuer placed in the ministery that they presume not to take any secular iurisdiction of any secular person or to exercise the same according to the precepts of holy Canons by this present Constitution we straightly inhibite that none placed in spirituall warfare presume to exercise in the secular court the office of an aduocate eyther in the cause of bloud or in any cause whatsouer saue onely in such causes as are permitted vnto him by Law And we likewise forbid that any cleargy man shoulde presume to bee eyther a iudge or an assessor Which constitutiō of Octobone as it seemeth in some sence and in some respect to exempt cleargy men altogether from the power and soueraignty of Kings and princes denying them indeed power ouer the Cleargy and so in this sense be contrary and repugnant to her highnesse Crowne and prerogatiue royall and therefore not authorised by act of Parliament though in the end the same Legate seeme to allowe the Kings priuiledges adding these words Saluis domini Regis priuilegiis Sauing the priuiledge of my Lorde the King So in another respect and in another sence if regard be had to the generall equitye of the inhibition we shall finde the same to agree altogether with the reasons of the former prouisions For in this constitution the Legate allegeth other reasons then before were alleaged and forbiddeth other offices then by the former were forbidden The reasons may be gathered thus 1 Whatsoeuer is iniurious vnto the ministerye or breedeth a dissipation of the ministerye the same may not be lawfully layde vppon the ministery 2 But to be deputed a minister of iustice to be made an aduocate a Iudge or an assessor is iniurious to the ministerye and breedeth a dissipation thereof 3 Therefore these offices may not be deputed vnto them 1 Whatsoeuer may be cause that the cleargy by any foule fault should swarue from the workes of fayth the same may not lawfully be layde vpon the cleargy 2 But to be made a Iustice an aduocate a iudge an assessor in seculer Courts may be cause that the Cleargye shoulde swarue from the workes of faith 3 Therefore Cleargye men lawfully maye not bee made Iustices aduocates Iudges or assessors in seculer courtes WHich two reasons of this prouinciall decree may probablie seeme to haue beene collected out of some more auncient Canons long before that time established wherby the like offices were forbidden and principally for these causes following 21. q 3. peruenit Gloss non exerceant Extra de vit honest cler c. clerici consecratio distinc 5. c. First that for filthy lucres sake they meddle not with taking to hire possessions seculer causes Secondly that thorough slouth idlenesse they separate not themselues from the holy ministeries Thirdly that they runne not a gadding to the Courtes of seculer princes And lastly because the Psalter should neuer be out of their handes And not onely vpon these groundes haue these Lawes at the first had their essence and establishment but sundry other considerations as forceable as these are apparantly known to the learned in the laws for the ouerthrow of ciuill Iurisdiction in ecclesiastical men In the administration of ciuil Iustice euery one in commission of peace without respect eyther of the person or of the cause oughte indifferenly and vnpartially to execute his office For bee a man once sworn in commission of peace he may not afterwards deale with hearing of what causes he list hee may not take notice of halfepeny matters and post ouer matters of bloud to his fellow iustice hee may not onely set an ende betweene neighbour and neighbour for shrewde wordes passed but he must prosecute the murtherer to death he must take his examination and he must send him with a Mittimus to the Iaile He must at the generall Sessions of gayle deliuery certifie the murtherers confession Now because it is a matter very haynous by the ecclesiasticall lawe in force that any ecclesiasticall person shoulde bee present in any place where any sentence is giuen for the sheading of bloud much lesse to bee a minister of Iustice in a cause of bloud Therefore ciuill iurisdiction for this cause also is forbidden ecclesiastical men And among many constitutions I haue thought good to recite onely these that follow Extra ne cleric vel mon. c. clericis CLERICIS IN SACRIS ORDINIBVS c. It is not lawfull by the Councell of Toletane for Clearkes placed in holy orders to handle iudgement of bloude Wherfore we prohibit that they by them selues neyther chop of any members or cause any to be chepped off For if any shall doe such a thing let him be depriued of his honour and of his place And agayne
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
and to take awaye all occasion from others to seeke preferment in that house at hir maiesties hands they of late haue inuented a new deuice and practized a new tricke where they were by the order and foundation of the house bound yearely to make elections of such schollers as might presently at the time of the election be placed in the vacant roomes they now either at one time choose a greater number of schollers for them selues then are places vacant and so make but one election in two yeares or else so soone as any place by the departure of any schooler is voyd they foorthwith in the name of the Deane or some Prebendarie chop an other in his roome by meanes whereof either hir maiesties letters are delayed vnto the ende of two yeares or else remayne altogeather frustrated so kinde hearted these no Precisians and these no Puritanes haue beene and so thankfull they haue shewed them selues for their maisterships Deanries and Prebendaries receiued at hir maiesties hands by hir gratious bountie and liberallitie And therefore since they striue so egerly for such tryfles and vse such foule shiftes to shut hir out of doores and make hir schollers packehorses and set them at the Cartes tayle in hir owne Colledges I thinke a man may gesse twice and yet not gesse so nigh as to gesse that Cleargie men enemies to reformation rather then they woulde loose their dignities woulde if it laye in their power gyue hir Highnesse prerogatiue the Canuysadoe They allow hir maiestie a royall power to shred greene Olyue braunches but to roote vp olde rotten dotterelles they deny hir anye such authoritie they can bee contented hir maiestie shoulde strippe poore men cloathed with sackecloath but mighty men decked in scarelet shee may not touch or once looke awrye vppon No cause of the name of ecclesiastical court Concerning the Courtes and iudgement seates of Archbishops bishops and Archdeacons hitherto reputed and called Ecclesiasticall Courtes I can see no reason in the worlde why they shoulde be any more so esteemed taken or reputed or why anye matter or cause or suite or controuersie commenced in those places shoulde or ought to be called or counted Ecclesiasticall For though in times past I meane in time of popery they might probably and coullorably be so called either for that Cleargy men alone were Iudges and exercised iudgement in them either for that such parties as betweene whom suites did depend were for the most part meere church men either for that all peticions and actions made and begunne in those Courtes were for such matters and causes as whereof church men onely by vsurpation challenged vnto them selues the decision and determination yet now so it is that all these reasons fayle and are of no force For with vs at this day though Archbishops bishops and Archdeacons be Cleargie men and chiefe amongest the ecclesiasticall seat yet notwithstanding Doctors of the Ciuill lawe meere laye men as they call them and no whit beneficed by priuiledge of Cleargie exercise all iurisdiction reputed Ecclesiasticall in their consistories and by the ordinaunces of the Realme are made competent and lawfull Iudges in these Courtes 25 Henrici octui Where one suite now dependeth or these manye yeares hath depended in the same Courtes betweene Cleargie men alone one hundreth almost are and hath beene depending betweene laye men alone the causes them selues are all for the moste part mere Ciuill and belong onely to the Ciuill court Approbations and insinuations of Willes and Testamentes by expresse wordes as you haue hearde out of the Ciuill lawe are absolutely prohibited vnto Bishops and all other Cleargie men And so consequently for that Appendices sequuntur principalis subiecti naturam Accessories follow the nature of the principall subiect All causes of Legacies Bequestes Accountes Inuentaries Commissions of Orphanes gooddes and whatsoeuer else may be incident to anye of those causes are vtterly forbydden Causes of wrongfull and iniurious slaunders infamous Libels and contumelious crymes causes of contractes and marriages causes of dowrie and diuorce causes of filiation and legitimation of children matters of Vsurie and whatsoeuer appertayneth to the decision of these causes are causes meere ciuill and pertaine to the ciuill magistrate and therefore sithence Archbish Bish and Archdea to disburthen them selues may lawfullye commit the hearing of these causes from them selues yea and very seldome or not at all execute their iurisdictions by them selues but continually and effectually do surrogate and depute Doctors or Bachelors of the Ciuill lawe What iniurie to their persons or alteration of the state and gouernment can it be in case hir maiestie by hir prerotiue did commit the same causes vnto the same men and make the bishops men hir men and their commissaries hir presidentes Touching matters of tith it is lawfull for the chiefe Iustice of the kings bench where any vsage or custome by any partie is pretended to paye lesse then the whole tith as suppose the twenteth or forteth part of his tithes Yea in some cases where no tith at all is payde as vpon the statute of tith wood beeing timber trees aboue twentie yeares groweth to prohibite in hir maiesties name euery iudge ecclesiasticall that hee proceed not to the determination of any such cause and so to take vnto him selfe the hearing and determination of the same according to the common lawes of hir highnesse realme There is small diuersitie of reason why the same or some other Ciuill magistrate may not as well heare and determyne all and singular causes of tithes after what maner or forme soeuer they be payde as whereby long continuaunce of tyme they haue beene customablye payde after such and such sort or where no payement at all hath beene made In the seconde or thirde instaunce when appeale is made from an Archbishop Bishop or Archdeacon into hir highnesse high Court of Chauncerie or Delegates in any case whatsoeuer hir maiestie by the prerogatiue of hir Crowne and dignitie hath absolute power to appoynt such men to set a finall ende and ordinate direction therein as by their wisedomes shall be thought consonant to equitie right and good conscience There is no disparity of reason why in the first instaunce shee maye not as well haue like authority or why like authority from her or by her Maiesty may not lawfullye bee committed to any of her subiectes though no ecclesiasticall persons but onely seculer and laye men Neyther by this meanes shoulde the course of Lawe touching appeales be taken away but the same might be still practised as now it is In the prouinces belonging to the Romaine Empire though presidents and Proconsulles had their Commissions from the Emperour yet appeales were notwithstanding made from those Gouernours vnto the Consistories and tribunall Seates of the Emperoures imperiall City of resyaunce and cheefe aboade And therefore though the Gouernmentes nowe reputed Ecclesiasticall but in trueth Ciuil were absolutely translated from Ecclesiasticall men and put into the hands
he that ineucteth him after this sort shall haue of him that is inducted necessary expences and such as are agreeable to his estate and calling vnder the moderation limited vnto the Archdeacon him selfe or his officiall if either of them had personally made any such induction Prouin lind de censib c. item licet ILLVM ARCHIDIACONORVM c. We detesting that abuse of the Archdeacons and their Officials and other Ordinaries whereby they exact of the Priestes appointed to celebrate in their iurisdictions before they doe celebrate a certayne and excessiue sume of money vnlawfully conuerting the liberalitie wherewith such Priestes were wont to content them selues receauing but one peny of Clearkes registring their names in their recordes vnto a confiscal exaction of sixe pence or there aboutes We ordayne that from hencefoorth of the sayde Archdeacons and other Ordinaries or any of their ministers vnder payne of suspencion from the celebration of diuine things by any meanes presume not to receiue of the sayde Priestes aboue one peny For the which there names must be registred in their first admissions Lind. de censib c. saeua A cruell and miserable greedinesse hath inuented that vnmeasurable exactions for letters of institutions of Clearkes admtited vnto ecclesiasticall benefices for letters of orders for labour of writinges and for seales are oftentimes made the Canon disalowing the same saying as it becommeth not a bishop to sell the imposition of handes so it is not decent for his minister to sell his quill Moreouer the Clearkes of Archdeacons and their Officials and other ordinances refuse to deliuer the certificates of inquisitions made vppon vacant benefices vnlesse they first haue an excessiue some of money for writing We therefore willing to abolish this abase haue determined by the aduise of this present counsel to ordayne that for the writing of the letters of inquisitions institutions or collations and commissions to induct or for the certificates of the same into their benefices the sayd Clearkes receiue not either by them selues or by others aboue 12. pence And for the letters of euery holy order the sayde Clearkes neither by them selues nor by any other shall receiue aboue sixe pence In other things let the Ordinaries themselues be bound to allot stipendes for their ministers and officers wherby they may iustly be satisfied But for sealing of such letters or to the Marshals for entring into the house or to the Portors or doore keepers or Barbers we will that nothing at all be exacted or payde by any coulorable intent least the payment for seales os letters or enteraunces aforesayd be turned vnto a damnable gaine Bishops and bishops men not a few are suspended by this Canon And this we ordayne vpon paine of double to be restored within one moueth Otherwise the Clearkes that refuse to restore double let them know them selues to stande suspended from their office and from their benefice And now generally to conclude It were not amisse in my simple vnderstanding that the whole Church made humble supplication vnto her excellent Maiesty and her honourable Counsaylers that the Iudges of the Land might bee consulted vppon the validity of the former act of Parliament and that it might bee knowne whether the foresayde Cannons established thereby or any of them be in force and if so that then her Maiesty woulde vouchsafe gratiously to take the Church affayres into hir owne handes and by hir commisson Ecclesiasticall appoynt such honourable and faythfull men as are not in the ministerie to examine the bishops proceedinges Viz. Whether they haue made any criminous and vnlearned ministers Whether they haue suffred any such men to remaine in the ministery all the tyme of her maiesties raigne Whether the Archbish haue dispenced in any matter or cause contrary to the word of God Whether the pastor of euery congregation be suffered to execute the discipline of Christ authorized by Act of Parliament Whether the Archbish bish haue sat in matters of blood Whether they haue made a minister without a title allowing him whereon he might liue Whether he haue made anye in his owne Diocesse without licence from his felow bishops Whether he haue receiued any money for letters of orders institutions or suffered his Archdeacons to do the like for inductions Whether he haue receiued money for excommunication and absolution Whether he haue set out his bishopprick or any part of his iurisdiction for an annuall rent Whether he haue not suffered his chiefe houses of resiaunce to fall into dilapidations Whether he haue not admitted vnto anye benefice the sonne of him whose father was placed in the same benefice before Whether hee suffer none to bee non resident but where the euident necessitie and vtilitie of the Church requyreth Whether he haue promulged and executed any Canon or iniunction without hir maiesties writ and royall assent Whether he haue personally visited the Churches of his Diocesse onely vpon iust cause and not for gaine whether a minister haue not by commoÌ„ right Act of Parliament a lawfull calling in the ministery and such a calling as from the which the bishop maye not remooue him without some speciall cause Whether an Archbishop or bishop by vertue of his Archiepiscopall or Episcopall authoritie may promulge or execute any Canon or Iniunction vnlesse it be made in conuocation summoned by hir maiesties wryt and authorized by hir royall assent Whether a murtherer or theife be vsually compellable vpon his oth to detect his murther or fellony Whether an Archbishop or bish may lawfully bring vppon hir highnesse leage people an inquisition sifting them with othes what fayth deuotion or maners they professe Especially the sayde people liuing in outward obedience of hir highnesse positiue lawes And if not then whether an Archbishop or bishop may lawfully vrge the like touching matters onely of discipline and ceremonies and commaunde hir sayde people by vertue of their othes to declare what when where or how they haue spoken or preached out of the word of God the truth of God touching the same Whether a preacher onely vpon occasion of his text teaching the people that weomen by the lawe of God may not baptize or that by the same lawe a Deacons office is not to preach may bee iustly condemned to haue preached maliciously against the booke of common prayer the sayd preacher not once mencioning in all his sermon one word of the sayd booke Whether a preacher of the Gospell borne within hir maiesties Dominions haue not freedome of an English Citizen to challenge the benefit of hir highnesse lawes for the defence of his person fame goodes landes and liuinges Whether a preacher of the Gospel fearing some vniust vexation of his Diocesan may not complaine into hir highnes court of Chauncery and haue hir maiesties writ Quia timet against the sayde Diocesan Whether a preacher of the Gospell may not lawfully haue his bill of complaint admitted by the honorable Counsellours Peares and Lordes of the Starre chamber against his Diocesans iniurious intreaties and contemptes of hir highnesse lawes Whether some kinde of writ out of hir highnesse other temporall Courtes may not lye as well against a Diocesan for proceeding against a preacher of the gospell contrary to common or statute lawe or contrary to hir highnesse prerogatiue royall as some kinde of writ doth lye against an Archbishop for proceeding against some other of hir highnesse liege people contrary to the intent of the statutes prouided against vsury periurie payment of tithes and such like Whether an Archbishop may sing a note aboue Aela and lawfully exercise an absolute power within hir maiesties Dominions Whether a minister admitted by the order of the booke of king Edwarde the sixth be not presently a lawfull minister and may preach in his owne cure with out any licence in writing from the Bishop Whether licences graunted by hir maiestie or hir maiesties ecclesiasticall Commissioners or any of the Vniuersities be at any time reuocable by an Archbishop alone Whether any licence for mariage without banes asking be lawfull or no and whether banes asking be of necessitie required by the booke of Common prayer Whether any commutation of penance be lawfull Whether a meere lay man no doctor of the ciuil law may be a chauncelor and so excommunicate Whether a meere laye man no Doctor of the Ciuill law may be a bishops register contrary to an Act of Parliament Whether it be lawfull for a symoniacall excommunâ—…cat and irreguler person to bee a ludge or no And 〈◊〉 an Archbishoppe be such a person whether he may resort to the Pope to be absolued or no or where or how he may be absolued Faultes escaped PAg. 12. li 29. for leaue these read leaue the seate pag. 12. li. 33. for he shall be in read be in pag 13. l. 24. for by the popes act of parliament read made by the pope coâ—…med by act of parliament pag. 14. l. 12. for he is deposed read he deposeth pag. 14 l 35. put a before certain pag. 14. l 13 for functions read fâ—…ns pag 18 l. 28. for correcteth or improoueth rea to correct and improoue pag 20. l. 35. read and that it did not concern the honor of the Sonne of the most pag. 22 l. 7 for 4 read 1â— articles pag 23. for corruptions read occupations pag. 33. l. 3 for the minister chargeth read the minister at the Bâ— instance chargeth pa. 56 l. 11. for that they read that the â—… pa 75 for collation read collusion pa. 71. l. 35. for curall rea â—urall p 79 l 15 for dicit rea dicere p. 79. l. 27. for oâ— yet a consent rea nor yet consent pa 82 l. 18. for partâ— rea pacta pa. 161. l. 9 for reputari idoneas rea reputare idoneâ—… pa 101. l 27. for this plurality man rea a plurality man pag. 103. l. 8. for harly rea Carlile pag. 103. l. 35. for canon rea common pag 151. for petion rea petition p 157. l. 5. for passion rea possession pag. 173. l. 27. for runneth thee rea runneth against thee pag 175. l. 25. for of sufficient rea of no sufficient pa 222. for seruants rea tenaunts pag. 141. l 25. for Abbot rea Abbiâ— pa. 169. for of excommunication rea of sole excommunication p. 122. l. 10. for Moses rea Ioâ—hua and pag. 122. l. 12. for Ioshua read Ioshuas 〈◊〉