priestes and the prophetes slewe Vriah with the swoorde yet ceased not Ieremiah to stande in the Court of the Lordes house to speake vnto all the cities of Iudah all the wordes that were commaunded him to speake and kept not a word backe 2 Kin. 23. 3. When Hilkiah the priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the KING stoode by the piller and made a couenant before the Lorde that he the KING and the priestes and the prophetes and all the people both small and greate should walke after the Lorde and keepe his commaundementes and his testimonies and his statutes with all their hearte and with all their soule And that the KING commaunded Hilkiah the high priest and the priestes of the seconde order to bring out of the Temple of the Lorde all the vessels that were made for Baall and for the grooue and for all the host of heauen and that the KING burnt them without Ierusalem in the fieldes of Kidron and that the KING carryed the powder of them into Bethel and that HE put downe the Chemerym and that HE brake downe the houses of the Sodomites and that HE brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him shoulde not be frustrate but haue a rewarde Asa hearing these wordes of the prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regency And Asa brake downe hir idoll and stamped it and burnt it at the brooke Kidron 2. Chroâ—… and king Asa did all these thinges at the councell of the Prophet Neither can the holy doctrine of the Gospell be sayde to be repugnaunt herevnto God is euer more one and the selfe same God in all ages he is euermore the authour of peace and order not of discord or disorder If therefore the Lord haue not yet gratiously opened hir maiesties eyes to vnderstand all singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blottes in the raigne of good kings in the time of the law or if he will that the aduersaries of Iudah and Beniamyn hyre counsellers to trouble their building and hinder their deuise all the dayes of Cyrus or if he will the Temple to be built in the dayes of Esra the chiefe priest but the walles to be reedified by a Eliashib and his brethren or if he will haue his Church tary his holy leasure and appoynted time or if he haue any other glorious purpose to work in our dayes by hir highnes what is that to him that is a minister of the Gospell Onely it behooueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layde vppon him And let him be assured that whatsoeuer is either bounde or loosed by him in earth the same is bounde and loosed by the Lorde in heauen The repentaunt and faithfull shall be forgyuen The obstinate and impenitent shall bee hardened And thus hauing deliuered my mynde touching these thinges which otherwise by synister construction might haue beene daungerous to my selfe and offensiue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisit that euery one mooued inwardly by the holye Ghoste and outwardly called and appoynted by the bishop hauing authoritie by the order of this church of England in this behalfe is in deed by law a minister First because he is indeed truth a messenger sent appoynted to this office by the Lord him selfe Secondly he is a minister by the law of this land For the state of this man learned qualified and inwardly called and the state of the vnlearned vnqualified and not inwardly mooued differ as much as light darknes For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the law it selfe requyreth should be in him and so the ende of the law satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of law and by law that in his outward calling and triall c. all thinges requyred by lawe were accordingly perfourmed by the bishop and so he a lawfull minister But touching the other man it is quite contrarie and therefore this presumption by law must cease Glos extrauag de prebend cum secundum Apostolum verdiceat For where his life his learning his conuersation do appeare manifestly to be vile corrupt and vnhonest and not such as the law requyreth and so the law frustrated in this case there is a presumption Iuris de iure of lawe and by lawe against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falsehoode expressed are good and to be obeyed but if afterwardes either of these appeare they shall bee accounted surreptitious and voyde A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenor thereof appeare false latine it is then presumed to haue been obtayned per surreptionem A sentence giuen by a iudge is presumed to be a iuste iudgement and euery one for the authoritie and reuerence of the Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like maner if a Bi. should make an hundreth ministers in one day for the authoritie and reuerence of the bishop and the good opinion I ought to conceiue of his vpright and sincere dealing of his holy religion and feruent zeale to the lordes house were I absent and sawe not his proceedinges to be contrary to law as I ought so I trust I should both esteeme his doinges therein to be lawfull and orderly and also reuerence those whom he had so made as messengers sent from the Lord. But if afterwarde when any of them shall come to execute his office of ministerie when he came to teach the people he shoulde then manifest him selfe to be but an Hipocrite but to haue fayned a certaine kinde of holinesse and zeale when he shall him selfe discrie his owne vnablenes and displaye his wantes were it
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
maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
precisely dissalowed cannot by the secōd branch of the same be generally approoued For how can one the self same law forbid and comand things so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vppon a lawe so contrary and repugnaunt vnto it selfe If the Archbyshop shall think that these two braunches may be reconciled that the meaning of the former maye and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtayned at that time at the sea of Rome for matters not contrary or repugnant to the law of God yet neither by this interpretation is the Archbishop truely intituled vnto any authoritie therby to dispence for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtayned at that time at the sea of Rome were obtayned for matters repugnaunt vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this statute flatly forbidden Which thinges our auncestors not thoroughly foreseeing neither duely examining for what maner of causes or matters licenses were at that time obtayned at the sea of Rome but onely in a generallitie inhibiting thinges repugnaunt vnto the law of God and neuer particularly describing what those things were but leauing the same wholy to the iudgement and discretion of one man the Archbishop alone haue fallen into two palpable absurdities the one that one man alone hath from time to time authoritie by his discretion to determine what causes are repugnaunt to the holy scriptures and lawes of God what causes matters are conuenient for the honour and safety of the King of England and what are necessary to be had for the wealth and profite of the realme three thinges of such waight and importaunce as the whole body of the realme at that time was scarceable to conceiue much lesse shall euer any one Archbish be able to practize The other absurditie is this viz. that by this statute soueraignity is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of Englande The wordes of the statute are plaine and euident But what reason is there for kinges and queenes of England to become wardes and pupils vnto an Archbishop of England Or howe agreeth it with the worde of God that a Christian king should in any sort be in subiection vnto his owne vassall Or what christian subiect dareth attempt to offer vnto his Christian soueraigne a tolleration For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the liberty of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a christian king neither a Christian subiecte be dispenced with For what man can dispence with the Lawe of God And in case the matter of dispensation concerne any thing appertayning vnto this life how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatiue For either he must bee dispenced with for breach of the positiue Lawe of this lande and haue the payne of Lawe remitted him by the Archbishop which were to set the Archbishops keyes aboue the Kinges armes Or els he muste purchase a dispensation that he may breake his Lawe which were against his honour and safety For saith the Emperour Digna vox est maiestate regnantis legibus alligatum se principem profiteri C. De le cōstit princ l. digna It is a worde worthy the maiestie of a ruler to acknowledge himselfe as chiefe tyed vnto the lawes Moreouer this case between the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes and customes of the Realme betweene the king and his subiectes For they remayne still the kinges vnderlinges and in deed giue but the kinges iudgements they iudge not the kinges person neither commeth any thing touching his person before them But dispensations from the Archbishop to the king concerne the kinges owne person The king in his royall person or by his proctor muste appeare in the Archbishops consistory he must alleage before the Archbishop sufficient matter whervpon the Archbishop but a subiect may be mooued to dispence with the King his soueraigne and finally the Kinges wisedome muste be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 Whatsoeuer is dishonourable and dangerous for hir highnesse person the same can not be conuenient for hir honour and safetie 2 But it is dishonourable and daungerous to haue the Archbishop to dispence with hir highnesse 3 Therefore the same is not conuenient c. WHich reason also maye as well be applied to disprooue the vnlawfulnes of the Archbishops dispensations granted vnto any of hir highnes subiectes as vnto hir highnesse owne person in as much as hir kingly prerogatiue and supreame gouernment in matters lawful by the holy scriptures is therby impeached The Arch. iurisdictiō only aduanced the surety of hir royal person peace of the cōmō weal il prouided for Againe sithence euery one of sound iudgement vnderstandeth the honour and safety of hir highnesse person onely and wholly to consist in the protection and safegarde of our most mighty and most gratious God and that nothing can bee so honourable and safe for hir highnesse as humbly and reuerently to attend and to submit hir selfe to the scepter of his word the execution of this statute by the Archbishop can not be but most inconuenient and perillous for hir highnes person in as much as partly through a corrupt construction partly by a synister iudgement not rightly discerning what thinges are repugnant to the word of God the sayde Archbishop dispenseth in causes and matters contrary and repugnaunt to the holy scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safety vnto hir highnes person And therfore hir highnes is humbly to be intreated to take the entier dominion and whole soueraignty due vnto hir by the word of God into hir owne handes and not anye longer to suffer such a blemishe to remayne in hir gouenement Had hir highnesse moste noble Father vnderstoode his kingly person to haue vndergone the Censorship of his subiect no doubt he wold as couragiously haue fought against an Archb. as he did against an Abbot Pouerty of the person no cause for a dispensatiō As
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
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
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
authorizing or ratifying as it is vntruelye surmised either any vnpreaching and vnlearned ministerie or any vndiscreet vnhonest or vngodly persons to execute any offices in the Church For by these decrees established first by the enemie of true religion for the planting of his supersticion but now turned by our pollicie from that vse and made a law for the gouernment of the Church are so many speciall proprieties of a true pastor so substantially pointed out that none without too too great immodesty may in any wise affyrme the law to be defectiue herein Wherevnto our english constitutions and synodals prouinciall may be annexed as directly and euidently proouing with what maner of competent conuenient knowledge euery minister ought to be adorned Prou gu lind de offi archipres ignorantia sacerdotum PRECIPIMVS sayth the prouinciall constitution VT QVILIBET Sacerdos plaebi praesidens quater in anno hoc est semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium exponat populo vulgariter absque cuiusque subtilitatis textura fantastica 4 fidei articulos decem mendata Decalogi duo praecepta Euangelii c. We commaund that euery priest president ouer any people fouretimes euery year that is to say euery quarter of the yeare in one or more solemne dayes by him self or some others expound vnto the people in their vulgar tong without any subtiltie the foure Articles of the faith the tenne Commaundementes the two preceptes of the Gospell c. Here are you to see the particularities layde foorth wherin euery minister ought to be exercised how often how playnly and sincerely he ought to teach Wherein our fathers in time of ignoraunce and superstition were more zealous then we in these dayes of the true light and knowledge of the Gospell Quarter sermons from whence they came For from hence quarter Sermons nowe amongst vs haue crept in and had their beginning though now fostered with greater corruption then in those former dayes they were For proofe whereof the Reader shall vnderstande that these words Semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium In euery quarter of the year in one or mo solemne daies by him self or some other haue not this meaning that it was sufficiēt for the president of the people absolutely by an other foure times in the yeare only to preach to instruct the people as it is now a dayes amongest vs practized but the meaning is that the Articles of the faith the tenne Commaundementes the two preceptes of the gospell c. should in deede all of them be expounded and made knowen vnto the people foure tymes in the yeare and that in foure seuerall solemne dayes if it were so possible But because the lawe maker did foresee that it was impossible that with anye fruite this so great a worke coulde be finished therefore both to take away all cauilling from the people who might thinke it sufficient to haue quarterly Sermons and also to the ende the pastour might be kept in a continuall exercise of his duetie this Pluribus was added to the intent that the whole doctrines might once euery quarter be wholly expounded Glossa ibid. So that semel is not here taken for simul that these doctrines shoulde once euery quarter altogeather and at one time alone be taught but that they shoulde be once euery quarter at particular seuerall times particularly and seuerally be taught for so though they be at many times particularlie taught yet in the whole they may be sayd to be but once in a quarter wholly taught And these wordes per se vel per alium by him selfe or by another haue another maner of exposition then a great manie vnderstande or thinke them to haue For it is commonly thought sufficient that these words per alium by another be vnderstood in case the pastour himselfe be altogeather ignoraunt But the meaning therof onely is thus Ex. de offi iudi ordin c. inter caetera CVM CONTINGAT quod Episcopi propter suas corruptiones multiplices vel inualitudines corporales aut hostiles incursus seu occasiones alias ne dicamus defectum scientiae quod in eis reprobandum est omninò nec de cetero tollerandum per se ipsos non sufficiunt ministrare verbum Dei populo c. If the Bishops for some necessary businesse or bodily infirmitie or hostile inuasion or other occasions we will not say for want of learning which is to be reprooued in them and hereafter not to be tollerated can not by them selues minister the worde of God vnto the people that then it shall be lawfull for him to chuse some other fitte person to supplie his roome A Bishop ought personally to visit his Diocesse and an Archdeacon his Archdeaconrie yet neither of them both ought to visit by another vnlesse he be Infirmus vel aliter ligitimè impeditus quo minus possit personaliter visitare Glos linw. cle cens c. 1. verb. rationabili Diseased or haue some other lawfull impediment so that he cannot visite in his owne person And it is concluded in the case of residence that one bound to keep residence must keepe it by him selfe Ex. de cleri non residen c. conqueranti Et quis debet residentiam facere per se non per alium nisi fecerit potest priuari Moreouer it is directly forbidden that the office of preaching should bee deputed to any other The office of preaching may not be deputed to others CETERVM SALVO c. But sauing the Legate of the Apostolicke sea let it be lawfull to no man to whom it shal be commaunded to preach the crosse to excommunicate or absolue any hereafter to commit the same thinges to others because not any iurisdiction but rather a certaine ministerie is committed vnto him in this behalfe All which thinges are more at large manifested by the last chapter of the former title in Lindwood where the Priestes are commaunded to be diligent teachers of Gods worde that they be not accounted dum dogges The wordes of the Chapiter are these PRAESENTIS CONSILII c. By the finall determination of this present counsell we haue straightly inioyned that Parsons and Vicars labour to informe the people committed vnto them with the food of Gods worde according to the measure that shall be inspired vnto them that they be not worthily adiudged dum dogges seeing that with wholesome barking they chase not away the byting of spirituall Wolues from the Lordes sheepfold And the reason of this prouinciall is deriued from an other decree Extra de offi iud ord c. inter caetera INTER CAETERA c. Amongst other thinges belonging to the saluation of Christian people the foode of the worde of God is knowen to be most necessarie for them because that as the bodie with materiall so the soule with spirituall
persons vagrant and such as haue not any certaine or true title in deed we ordaine that before the conferring of orders diligent inquisition and search be made by the Bishop of all these thinges And the glose vpō the word ante Est ergo necessarium c. It is therefore necessary that this scrutynie of the examināts preceed the conferring of orders euen as the commandement of the father or master must necessarily preuent the taking of an inheritance by the sonne or by the seruant and this must be so done for the irreuocable preiudice that otherwise might happen And because this collation hangeth on the disposition of law any preposteration contrary to the order appointed by law shall annihilate the whole act Againe an other glose hath these wordes Ordinandi ita sunt subtiliter examinandi inquirendum est de natione in qua nati sunt an sint de illa diocesi an legitimè nati an bouae famae Glos in cap. constitutus ver ordinan dos ex de purgacione cap. Men to be ordayned are narrowly to be examined and there must inquirie be made what country men they are whether they be of the same Diocesse whether they be legitimate whether they be of good fame Quia in nullo debet eorum opinio vacillare Because their credit ought not to be shaken in anie case Distinct 33. Laici And the Pope in that Chapiter reprehending the curiositie of the Bishop vnto whom he wryteth for too too narrowly inquiring after the maners of certaine compurgatours Vtinam sayth he sic discuteres ordinandos I wish thou wouldest make such inquisition of those whome thou preferrest to holy orders An other reason why a minister should be tryed is because he must be learned Glos de elec le 6. cap. si forte ver scientiae but qualitas extrinseca vt literatura nō presumitur nisi probetur An outward qualitie as learning is not presumed to be in a man vnles it be so prooued therfore he is to be examined vppon the same ff De ritu nup. l. qui liberos Et vbi dare volo filiam meam id est ecclesiam in sponsam debeo inquirere de dignitate sponsi ratio quia eligens tenetur inuenire condicionom debitam filio Extrauag com c. ad cuiuslibet de prebend dig And where I minde to giue my Daughter that is to say a Church to be a Bryde I ought to enquire of the worthines of the Brydegrome viz. af the prelate the Brydegrome of the Church and the reason is for that euery Father choosing an hushand for his daughter is bound by law to choose one of condition meet for his daughter The tryal of ministers In forme and maner of ordering Deacons by the booke of Edwarde the sixth a certaine triall is likewise commaunded the Bishop vsing these wordes to the Archdeacon Take heede that the Persons whome yee present vnto vs be apt and meete for their learning Godly conuersation to exercise their ministerie duely to the honour of God and edifying of his Church This maner of tryall can not better appeare then by a comparison to the proceedinges and Commencementes in Oxenforde or Cambridge familiarlie knowen to schoolemen in both Vniuersities Whosoeuer is to take any degree in schoole either Bacheler Maister or Doctor in any facultie he must firste set vppon the schoole doores his questions where in he is to answere He must publikely aunswere to euery one that will oppose him he must afterwarde in the Vniuersitie church submit him selfe priuately to the examination of euery one of that degree wherevnto he desireth to be promoted He must afterwardes be brought by his presenter into the congregation house to the iudgement and tryall of the whole house and if he shall there haue a sufficient number of his superiours voyces allowing his maners and pleased with his learning he is then presented by one of the house to the vicechancellour and Proctors and by them as Iudges in the name of the whole house admitted to his degree The examination whereof mention is made in the booke of king Edwarde the sixth somewhat varieth from this kinde of tryall and consisteth in the interrogatories betweene the Bishop demaunding and the partie aunswering For sayth the bishop Doe you thinke c. Do you vnfaynely beleeue c. Will you apply c. Fol. 7. p. r. And the partie aunswereth I thinke so I doe beleeue I will c. For sayth the booke then shall the bishop examine euery one of them that are to be ordayned in the presence of the people after this maner following Do yee trust c. Do yee beleeue c. There is also required by the booke that the bishop shoulde haue knowledge of the partie to be made a Deacon or minister Which knowledge euery man will gesse should not be a bare view or externall sight of the comelines and proportion of his bodily shape and personage but a sure and stedfast iudgement grounded vpon substantial proofes of the vertues and ornamentes of his minde and the same also shoulde be a farre more exquisite knowledge then onely to know the man to be an honest man because the booke requireth him also to be an apt and meete man to execute his ministerie duelie for which one amongest euen the meanest of vs all hauing vppon a suddaine espied one like an honest man yea or one happely commended vnto vs to be a right honest man in deede which one I say of vs would foorthwith familiarly greete this man clap his hands vpon his head and liberally entertaine him to teach his sonnes Demosthenes in Greeke or Cicero in Latine the partie him selfe beeing such a one as neuer had learned the Greeke Alphabet or the Latine Grammar would we not be thus circumspect trow you as to try his cunning ere we trusted his honesty in this case With what qualities such as are to be made ministers or Deacons ought to be adorned hath beene already sufficiently declared out of the lawes positiue in force And now what is to be vnderstoode by the face of the Church whereof mention also is made in the sayde booke that that followeth may sufficiently instruct vs. Distinct 24. c. quando The Canon law touching this poynt sayth thus Alias autem c But otherwise Let not a B. presume to ordayne any without the councel of the Cleargie the testimony of the people 70. Distinct c. ordinationes Againe see that solemly at a cōuenient time and in the presence of many standers by you make ordinatiō both of Elders Leuites And agayne The other priestes let thē be ordained of their own B. so that the citizens and other priestes giue their assent and so likewise must the Deacons be ordained 24. Distinct c. Episcopus And againe Let not a B. ordayne any Clearks without the aduise of his Cleargy so to that he seek the allowaunce good
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
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
then when as the whole maner of the gouernement of the Synagogue should haue beene altered For as at that time their lawes were vnaduisedly translated from them vnto vs So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatiques and heretiques by the lawes of our religion and therefore not to haue beene admitted by the lawes of their owne profession Yea if they remaine Idolaters still or keepe backe from the people of God the word of God they are to be remooued still their ietting vp and downe in their square ruffling white philacteries or mumbling their mattens euensong are not so forcible to keep them in as their insufficiencie negligence contempt idolatrous harts are to thrust them out And yet no part of good wholsome and christian gouernment and pollicie chaunged For though Iosiah mooued by compassion beningly suffered the priestes of Baal repenting of their idolatry to receiue tithes and offerings with their brethrē the Leuites Yet he streightly charged them not to enter into the Lordes sanctuary to doe any maner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a B. an Abbot an Archd. an elder a phisition a Iudge an aduocate a Iailor a tutor a schoolmaster an Orator and a philosopher by iustice and equity of law for vnabilitie insufficiencie negligence or other defects ought to be deposed and remooued off from their roomes places offices and honours how should a pretensed minister onely intruding him self to an office of most high calling excellency and vtterly destitute of all giftes and graces fit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession inheritance Had the worshippers of the false Gods care that their idolatrous priestes should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seat in case we mayntain such to serue him in the ministery of his holy gospel as whose seruice the veriest Paynymes idolators woulde refuse to haue in their idoll temples Cod. de epis co cleri l. Si quis curialis l. 12. And though these be sufficient proofes to euery one not adicted to his own wil preferring the same to al reason that prohibitus clericari debet reuocari ad pristinū statū per manus iniectionē that serui vitā monasticā deserente◠ad prioris domini seruitutē restituuntur Cod. de epis co cleri l. serui one prohibited to be a clark ought to be reduced to his former estate by authoritie of the magistrate and seruaunts forsaking their monasticall life to be restored to the bondage of their former maister Cod. de decoren l infamia li. 10. de dignita l. Iudices lib. 12. And that Infamia non solum impedit praefici sed etiam remoueri facit a dignitatibus habitis And infamie doth not onely hinder a man to be preferred but also causeth him to be remooued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make the matter somewhat more plaine I haue thought good to reexamine the order and forme appoynted by the former statute for the making of Deacons and ministers that if vpon examination thereof also there do appeare such a defect by statute lawe as whereby our dumbe and idoll ministers be no ministers in deede and trueth but onely in shewe and appearaunce that then therevppon order may be taken by hir maiestie for the displacing of them and for the placing of other lawfull and godly ministers in their roomes For as the statute hath limited a certaine order and forme of making Deacons and ministers so hath it appoynted that all that are made according to that order and forme should be in deed lawful Deacons and ministers The wordes of the statute are these And that al persons that haue beene or shall be made ordered or consecrated Archbish bishop priestes and ministers of God his holy worde and sacramentes or Deacons after the forme and order prescribed in the sayde order and forme how Archbish bishops priestes Deacons and minsters shoulde be consecrated made ordered be in very deede and also by authoritie hereof declared and enacted to be and shall be Archbishops priestes ministers and Deacons and rightly made ordered and consecrated any statute law Canon or other thing to the contrary notwithstanding Which statute hath two braunches the one appoynting the forme and maner of making Deacons and ministers the other authorizing Deacons and minsters made ordered after the forme and maner prescribed in the sayde booke to be in very deede rightly and lawfully Deacons and ministers and so to be taken and reputed It followeth then that if the first braunch of the statute be broken and that the forme and order be not obserued that the second braunch can take no place for that in deede the validitie of the latter dependeth altogeather vpon the obseruation of the first For it is plaine and euident by lawe that if you woulde haue a seconde or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first prooue that the Precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the book be not obserued in making vnlearned ministers I say then that vnlearned ministers by lawe are no ministers at all And why ff ad leg fal l. si is qui. § quaedam Neque eum vllum balnieum aut vllum theatrum aut stadium fecisse intelligitur qui ei propriam formam quae ex consumatione contingit non dederit Neither can he be thought to haue made any bath or any Theater or any race who shall not giue it that forme which perfecteth the same Againe Vbi ad substantiam alicuius actus exigitur certa forma fundans se super alio actu debet quis probare formam precessisse Panor in ca. 9. extra de Iudicijs Where to the substaunce of any act a certaine forme is requyred founding it selfe vppon an other act ther a man ought to prooue the forme to haue passed before As for example In an euangelicall denunciation if thou seeke to haue thy brother cast foorth of the congregation First it is requyred that thy brother haue offended thee Secondly that thou priuately admonish him and brotherly wish him to amende Thirdly if he continue obstinate thou muste tell it him before two or three witnesses and if he heare not them then thou must tell it to the Church before whom if thou desire I say that thy brother by them should be cast foorth of the Churche thou muste first prooue an offence committed against thee by him Secondly and thirdly that you did both priuately by himselfe
reason that hauing now by mine owne experience certaine knowledge of his misdemeanour and vnhonest conuersation of his vnaptnes and vnskilfulnesse and of his ignoraunce I should presume notwithstanding that he was at the first orderly called and examined found to haue such qualities as were requisite But to aunswere another obiection concerning the administration of the sacramentes by these kinde of men and execution of their offices because hitherto no controuersy hath beene moued touching the validity of their calling of their state and condition and because Cum incertum est aliquid perinde est ac sinec illud sit WheÌ„ any thing is vncertain the same is as though it were not at al Cod. de test lib. 1. That therefore I say as wel in this case and in this respect as also propter communem vtilitatem publicum errorem for common vtilitie a generall error the thinges done by them are rightly and duely done Cod de sentent interlo iud l. si Arbiter SI ARBITRER DATVS a magistratibus cum sententiam dixit in libertate morabatur quamuis postea in seruitutem depulsus sit sententia tamen ab eo dicta habet rei iudicatae authoritatem If any arbiter giuen by the magistrate were a free man when he gaue sentence though afterwarde the same Arbiter be brought againe into seruitude the sentence notwithstanding giuen by him hath authoritie of iudgement And againe ff ad Maced â— si quis Si quis patremfamilias esse crediderit non vana simplicitate deceptus nec iuris ignorantiae sed quia publicè patremfaemilias plerisque videbatur sic agebat sic contrahebat sic muneribus fungebatur cessabit senatuconsultum If any shall thinke one to be a father of any houshold not deceauing him selfe thorow a vaine simplicity or ignorance of law but because he seemed to many to be a father of an housholde indeede he did as a father of an houshold did he did couenaunt he executed offices c In this case the Senates decree shall cease And againe ff de supp l. leg l. 3. Hod è propter vsum imperatorum si in argento relatum sit candelabrum argenteum argentum esse videtur errorius facit Now a dayes because of the vse of Emperours if a siluer candlesticke be accounted amongest his money it sâ—emeth to be money and this errour maketh law c. And again Serui liberi non in hac causa tractari oportet cum eo tempore quo testamentuÌ„ c. When a testament is to be prooued by witnesses it is not materiall whether the witnesses be bond or free at the time they be produced if at the time that the Testament was signed they were by consent of all reputed in the place of free men and that no man at that time mooued any controuersie of their estate Digest do officio praetoris l. barbarius Propter publicam vtilitatem communem errorem praetura seruo decreta c For publike vtilitie and a general errour a Pretorship giuen to a bondman maketh him Pretor businesse dispatched by him are of force and he made a freeman And therefore I aunswere that thinges heretofore done and executed by our idoll ministers by law to be rightly and duely executed And yet notwithstanding I vrge still that they are not in trueth any lawfull ministers and that they ought and maye iustly be deposed from their ministeries and depriued from their benefices An Arbiter reputed to be a freeman if in truth he be a bondman obtayneth not by this common opinion or by giuing iudgement his freedome and libertie but continueth still a bond man vnto him whose bond man he was before any iudgement giuen by him or that anye suche fame went of his freedome the decree of the Senate ceasseth against me for contracting with one vnder rule and gouernement so long as he is generally reputed to haue power and authoritie ouer himselfe but if I willingly contract with him afterwardes it shall appeare that in deede he was a Sonne vnder the guarde and tuition of his parentes then the decree shall be effectual and take place against me Witnesses at the time of signing anye Testament commonly reputed freemen after a controuersie mooued of their estate maye in other matters be refused as vnlawfull witnesses For though common errour make a lawe in respect of publike profit yet common errour plucketh not from any priuate man the possession or interest of his priuate goodes And therefore though Barbarius Philippus in that the people decreed vnto him the Pretorshippe vvas by the decree made a Freeman the people of Roome hauing authoritie to make a Freeman yet for that he was in deede a seruaunt fugitiue from his maister his maister was by lawe to haue the price of the same his seruannt at the peoples handes muche lesse can common errour of a fewe in authoritie or a common errour of a fewe in their owne right barre the publike wealth or the Churche from a publike benefite due vnto them But there is a defence commonly vsed by some to excuse the Bish and to exempt them from iuste reprehension for placing vnlearned men in benefices The Patrons say some are couetous they will present none but such as from whome they may lawfull for me a poore Gentleman in the countrey hauing the patronage of a benefice to bestowe the same vpon some honest poore man conditionally to let me haue the profites thereof at a reasonable price allowing him a resonable stipend for his seruice and paines in the ministerie though he cannot preach as it were for me to giue the same benefice vnto you an Oxenford man and a great scholler and able to preache and yet will not or doe not preach Is it not as lawfull for me to place such a one as I haue spoken of in a benefice of my gift and to allowe him his wages sixteene or twenty pound by the yeare and to get quarter sermons preached for him as it were lawful for you had I frankly bestowed the same benefice vpoÌ„ you to hire the same person or some other more ignoraunt and to giue him lesse wages and scarcelie to preache quarter sermons your selfe Had not this man sodainely beene strooken dumbe and dead as a doore nayle you shoulde as well haue heard his reply as you haue read the demaunde And in good sooth what greater losse and hinderaunce hath the people of W. by an vnlearned maÌ„ their parson not preaching and hiring out his benefice to his patroÌ„ for 15. pound by the yeare then hath the people of P. by a learned maÌ„ their parson not resideÌ„t not preaching and hiring out his benefice of the same valew to his curate for 40. pound by the yeare Surely as there coÌ„meth no greater good to the people of the one place by the one then commeth to the people of the other place by the other so is the one both lesse hurtful to the
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
wherof you may by the laws recited perceiue the same to haue beene as lawfull by priuiledge as by custome Institu de iure natu gent. ciui §. sine scripto The reasons of which custome are these viz. Diuturni mores consensu vtentium comprobati legem imitantur Dayly or continuall manners approoued by consent of such as practize them do imitate a law ff de leg l. de quibus § CVM IPSAE LEGES c. In as much as the lawes themselues by no other meanes do binde vs then for that they be receaued by the iudgement of the people euen as rightly shall those thinges also binde all which the people without any writing hath allowed For what difference is there whether the people declare their will by voyces or by deedes and the thinges them selues Wherefore this thing also hath beene very rightly receaued that the lawes should not onely â—e abrogated by the voyce of a law maker but also thorow the secreat consent of all by growing out of vse Instit de iure nat gent. ci § sine The Lacedemonians whatsoeuer they by experience found behoueful for their gouernment put the same to memory and kept the same as a law ff in c. quanto c. nouit extra de hiis quae fi sin consensu ca. c. 1. de consuetud lib. 6. Panor in c. fi extr de consuet QVAMVIS saith PANORMITAN ius induxit c. Though the lawe haue ordayned that a Bishop should determine matters with the Chapter because the Bishop and the Canons make one body and therefore that iudgement is to be reckoned more strong that is ratified by the consent of many Yet notwithstanding a contrary custome may be established namely that by meanes thereof busines might be speedely dispatched Vpon which reason this law following touching this controuersie was made Extra de hiis quae fin si c. consen cap. c. ca. noscitur NISI EX ANTIQVA c. Vnlesse by some auncient and approoued custome or liberty graunted some of them prooue that the consent of the Colledge committed to their gouernment ought not to be requyred in conferring Churches or benefices And againe Lib 6. de consuet c. non est Dum talis sit prescripta Canonice consuetudo c. So that such a custome be canonically prescribed which the Bishop doth alleadge that in the inquisition and correction of his subiectes excesses he is not bound to require the councell of his Chapter These reasons and these lawes being the reasons and the lawes alleadged for custome in this case to gouerne and rule are particularly to be examined and applied to this action No cause for this custome to be continued Touching the reason of the Canon law namely that by meanes of this custome the affaires of the church shold easilier be dispatched If we in these dayes had the like multitude of Church matters to be dispatched as the papistes had that the Cleargy now were loden with the like burthens as at the time of these ordinaunces they were there might be then some shew of reason that the same custome for the same cause should still remaine Many Monasteries Priores Frieries Nunneries and other irreligious houses vnder the iurisdiction of popish bishops had many businesses many blind matters to be decided It was combersome for euery baudy matter of a frier and a Nun to call a Chapter it was troublesome for placing or displacing euery Abbot frier Nun Dean prebend parson vicar or any other of the Cleargie to call a Chapter In our churches God be praised we haue no such tumultuous Cleargy continually to trouble the chapter we haue no such number of bad matters as they had And therefore the cause in this respect ceassing the effect also might right well cease Moreouer the common and vsuall dissention amongest them were speciall meanes that elections institutions confirmations collations and such like were hindered Many frustratory appeales and other delaies made and long suites commensed But our Cleargie are better instructed in the wayes of the Lord they teach the people peace and exhort them to brotherly amity and loue and therfore it is to be coniectured that causes amoÌ„gst peaceable men wold speedely and peaceably be ended and therefore in this respect also the cause ceasing the effect shoulde cease Lastly the case standeth not now with vs at this time as it did then betweene the bishop and the Chapter The law written then was that the bishop and Chapter shoulde excommunicate c. Quia firmius est iudicium quòd plurimorum sententia confirmat Because a iudgement confirmed with the opinioÌ„ of many is more strong The reason of the custome for the Bi. without the Chapter was this Vt facilius expediantur negotia That businesse might more easely be finished In which cases you se the matter to stande whollye betweene the bishop and the Chapter As whether the bishop with the Chapter or without the Chapter for the foresayde seuerall reasons might haue the rule and gouernement in Church matters To the which demand I answere thus If the controuersie were betweene the Bishop of London and the Deane and Chapter of Paules whether a sentence of excommunication denounced by the bishop alone against any persons contumacie within the Diocesse of London without the aduise of the Dean and Chapter were good forcible in law and that the bishop were able by proof in law to confirme that time out of mind and memorie of man he and his predecessors bishops of London without contradiction of the Dean and Chapter vsed whensoeuer oportunity serued to excoÌ„municate alone without the presence of the Dean and Chapter I saye that in this case by Canon law a sentence giuen by the bishop alone were good and not reuersible by meanes of the Dean Chapters absence For that herein now they haue willingly lost their owne right and depriued themselues of their interest For the bishop alwayes giuing sentence in the Chapter house where the Dean Chapter might continually be present and haue their aduise they voluntarily absenting theÌ„selues hath gotten vnto himselfe this iurisdiction whervnto they haue also yeelded by giuing their secret consent that the B. alone should execute those things wherin they had an interest and which otherwise he might not haue don In like maner if the Archdeacon should make the lyke assertion against the Bish to prooue and insynuate wils and Testaments and were able to prooue the same his assertion I would consult that he likewise by the Canon law had right herein against the B. For in these cases the Bishop and the Archdeacon are in place of priuate men the Dean and Chapter hath the roome of a priuat man because were the matter in controuersie to bee decyded betweene them they were to commence their Actions before superiour Magistrates But the matter of Excommunication mentioned by the Lawe written and of right Excommunication indeede is not
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
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
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
may he lawfully exercise the Ciuill iurisdiction of an other man Again 88. distinc c. epis conc glos lib. 6. de regu iur c. potest quis EPISCOPVS TVITIONEM c. A bishop ought not to take vpon him selfe the defence gouernment and charge of Widowes and Orphanes and straungers but he ought to dispatch these businesses by some other chiefe Elder or chiefe Deacon But contrary to these Canons lawes principles our Prelates not hauing so ruly and stayed a will as were requisite make a hotche potche of the Cleargie and layetie a gally maufrey of magistracie and Ministery and a mingle mangle of Pastours and people They turne cat in the pan as we say and maintaine the tumbling of the office of a Minister vppon one of the people and the office of one of the people vpon the minister so that by this their iumbling of offices togeather there can be nothing but confusion and disorder as well in their gouernement as in their iudgement Bishops gouernment in ecclesiastical causes being â—uill that argueth the same in ciuil causes not to be good For my part if I as well knew their gouernement in ciuill causes where they may be in commission might hereafter be good as I am sure their iudgemente in Ecclesiasticall pollicie hath hitherto beene naught I woulde wishe them rather to be Magistrates in the common weale then superintendentes in the Church But because it may easely be coniectured by the fact of the one what the effect of the other woulde be it is to be wished that they still were barred from the first hauing so shamefully abused the latter For besides the manyfest contempt and abuse of all lawes positiue in force committed to their fidelities whereof in the former treatizes mention hath beene made if a man shall peruse their aduertisementes and their Canons set foorth for due order in the publique administration of Common prayer and concerning certayne offices of the Church and certayne dutyes belonging to those officers he shall finde they haue bestowed but little labour in making them and lesse fidelitie in executing them For the aduertisementes besides the preface the whole Treatise is not fiue leaues and a halfe of Paper with the subscription of their names and all In which fiue leaues their is not anye one thing mentioned and commaunded to be done but the same was either commaunded by hir maiesties Iniunctions in the firste yeare of hir highnesse raign and therefore needlesse to be repeated againe Or else is translated out of some latin Canon and so made an englishe article halfe an howres study for a bishops Chappleine Title Articles for administratioÌ„s of prayer sacraments Or els is directly against hir maiesties Iniunctions and therefore sauoreth of supremacie Or els is superstitious and therefore smelleth of Poperie And so contrary to the commaundement of the Lord. Hir maiestie by hir iniunctions commaundeth euerye Deane Archdeacon Parson and Vicar to preach in euery of his cures by him self euery moneth 43. Iniunction And because none should be excused as vnable in this behalfe she hath commaunded the bishops that none vtterly vnlearned be admitted to any cure or spirituall charge and she by hir singular and excellent wisedome accounteth him vtterly vnlearned that coulde onely reade to saye mattens or Masse but by the aduertisements and Canons the bishops pronounce it sufficient that a Parson or Vicar preach once a quarter and that not by him selfe but by an other and that one vtterly vnlearned euen as by hir wisedome an vnlearned man hath beene adiudged be admitted to the ministerie and afterwardes sent to the Archdeacon or his officiall to school and to conne his taskes of scripture and to learne his Catechisme Againe Hir maiestie hath commanded euery one to preach within his owne cure without a licence they commaunde that none preach within his owne cure except he haue a licence vnder the bishops seale The article that the minister shall weare a cope with Gospeller and pisteler agreeably smelleth rancke of superstition and as far as I can finde both against hir highnesse Iniunctions and besides the booke of Common prayer The booke of the bishops Canons is of somewhat a larger volume it contayneth 14. leaues you must consider the whole conuocation had an oare in that Boate it intreateth of Bishops of Deanes of churches of Archdeacons of Chauncellors Commissaries and Officials of church wardens of Preachers of residence of Pluralities of schoolemaisters and of Patrons of benefices In the description of which offices as it is manifest they had but little regard to the word of God so is it apparaunt also to euery one learned in the Canon lawe that for the most part they are translated thence here a pece and there a pece and all not worth their labour because if it be not againste the lawes of the Realme or preiudicial to hir highnes prerogatiue then is the same already confirmed by act of Parliament 25. Henry the 8. 25. Henry 8. c. 19. and if ther be any thing in their sayde Canons which is not thus translated out of the Canon law whatsoeuer the same is if it be good then was the very same established before by hir highnesse Iniunctions For as touching the erectioÌ„ of new offices belonging to an Archdeacon and the Bishops Commissaries and officials in teaching the ministers their Catechisme and hearing them say their lessons without booke and to take an account how they haue profited in Scripture I thinke if the prerogatiue of the conuocation house were well searched and made knowen it might not erect any new office or promulgate any new Canon without hir maiesties speciall consent first had and obtayned therevnto And I am sure that neither by lawe neither by custome this office did euer belong to an Archdeacon or his officiall before the booke of these Canons was published Booke of Canons and title of bishops Touching the not making handy craftes men and such as haue no title to liue by to be ministers and the not making any minister at any other time but when it shall chaunce that some place of ministration is voyde and that none be suffered to be occupyed in the administration of the Church that is called by the idle name of a Reader Title residence Or that is made a minister vnder the age of foure and twenty yeares or vnderstandeth not the Latin tongue hauing no giftes of teaching or the absence of the sheephearde from the Lordes flocke and diuers other thinges specified in the Bishops Canons If the translator had not beene more faithfull in his translation then the Bish in the execution a meere English man should neuer haue knowen any such thing to haue beene written in the Latine Lawe And therefore because NEMO negligens in re sua presumitur diligens in re aliena No man negligent in his owne cause can be presumed to become diligent in an other mans I can gather no
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 〈◊〉