circumstances to be opened and made of the Testators memorie by lively testimonies either the Admonitor must condemne the kings learned and discreet Justices to bee malae mentis insanae memoriae or els it must be confessed that they be as well able to judge of the distraction of wits and unsoundnesse of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If any question should arise upon the revocation of a former will of the ademption of a legacie or of a legacie given upon condition or in diem it would be no hard matter for the learned Judges upon sight of the will and proofes to be made to define which is the first and which is the last wil whether the legacie remaine or whether it be revoked whether it be legatum per rerum or in diem whether conditional or without condition And if it bee conditionall whether the same be possible or impossible honest or dishonest and if it bee in diem whether the day be past or to come But there lyeth no action at the common law for a legatorie against the executor to recover his legacie I grant But a creditor to recover his debt due by the testator upon specialtie may bring an action at the common law against the executor And then what is the cause that a creditor way recover his debt and that a legator cannot recover his legacie in the kings Court but only for that remedie could not bee given unto legatories complaynants by any writ out of the Chancery And therefore that 21 Ed. 1. statute upon the writ of consultation such plaintiffes might not be deferred of their right and remedie in such cases to their great dammage it hath pleased the kings by sufferance to tolerate the Church Officers to determine these cases Wherfore if it might please the king to cause writs to be made out of his Court of Chancerie for the recovery of Legacies it were cleare by the Common Law of the Realme as from the statute may bee gathered that the cognizance of these Cases did not appertaine any more to the Spirituall Court. For then might the legatorie by that writ bring an action against the Executor to obtaine his Legacie But how should that action bee tryed How even as other actions of debt detinue or trover bee tryed namely as the case should require either by the countrey or by the Judges upon a moratur in lege As Testaments with their adherences so likewise matters of Spousals Mariages divorces c. together with their accessories by common Matters of marriages more meete to bee decided by the Kings than by the Bishops officers right of the Imperiall Crowne did in ancient times properly appertaine to the examinations and sentences of the Emperours themselves and to their Provostes Deputies and Presidents of Cities and Provinces as by their severall titles de Testamentis Legatis Fidei commissis Nuptiis repudiis divortio dote c. in the bookes of the civill law appeareth By the Law of England also the king hath the mariage of an heire being within age and in his ward Widowes also that hold of the King in chiefe must not marie themselves without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maidens that be inheritors being within the age of sixteen years or marry them without consent of their parents and what reason letteth them that the King might not as well have the care and cognizance of all the contracts of mariage especially of the mariage of all children and widowes in his temporall Courts as he hath of some parties to be contracted of the Dower of the joynture of the disparagment of the age of the taking away of the deflouring and of mariage without parents consent in some cases or what a very great alteration of the common law could ensue in case the Kings temporall Justices did examine and determine whether the contract were a perfect and simple or conditionall contract yea or no For if upon the statute made by Philip and Mary that maidens and women children of Noble men and Gentlemen c. being heires apparent c. and being left within age of sixteene yeares should not marry against the will or unknowing of or to the father or against c. If I say upon the publishing of this act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the Common law must follow if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age soever For if the King in his temporall Courts had the definition of all as well as of some contracts made by children without consent of parents then should a multitude of lewd and ungodly contracts made by flatterie trifling gifts faire and goodly promises of many unthrifty and light personages thereunto wonne by intreaty of persons of lewd demeanour be pronounced voide and of no efficacie yea and on the other side a number of honest lawfull and godly contracts should be confirmed and Much a doe in the Ecclesiasticall Courts about accipio accipiâ—m remaine in their full strength and force which now upon certaine frivolous and trifling quiddities and nicities of words and sillables are pronounced in the Ecclesiasticall Courts to bee no contracts And in good earnest is there now a dayes any soundnesse of reason at all to be heard amongst the Doctors and Proctors of those Courts where they informe out of the Canon law in these cases For doth not their whole dispute and information rest principally whether the contract be made by words of the present or of the future tence whether it be made with an oath or without an oath yea and do they not exceedingly besweat and besmyre themselves by turning and returning by folding and unfolding their great and hydeous volumes for proofe and reproof of accipio accipiam yea and sometimes of letters and accents If the young man and maide having both of them their parents consent shall answer only in the future tence I will have thee or I will take thee or I am content to take thee or I will have none other but thee or if ever I marry I will marry thee and do not answer directly I do take thee to mine husband or I do take thee to my wife oh it is a world to see and a wonderment to behold what canvasing heaving and shoving what a stirre quoyle and garboile the Canonists make about the lifting and removing of these fethers And whatsoever the holy Scriptures have determined of the necessitie of parents consent or of what necessitie likewise soever the “ Institu de nup. S. 1. civill law hold the consent of parents to bee yet in the Ecclesiasticall courts
temporall should have beene derived originally unto the Bishop from her Highnesse person as from the only head and fountain of all the same spirituall power within her Kingdomes in such manner and form and by such commission under the great Seal as her H. temporall Officers Justicers and Judges had their authorities committed unto them And to this opinion Master D. Bilson seemeth to accord For all power Pag. 348. saith he is not only committed to the sword which God hath authorised but is wholly closed in the sword Against the head that it shall not be head to rule and guide the feet can be no prescription by reason Gods Ordinance for the head to governe the body is a perpetuall and eternall law and the usurpation of the members against it is no prescription but a confusion and the subversion of that order which the Pag. 114. 130. God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance unto the Bishops of this Realme none other but subordinate and delegate authoritie and that the matter and heads wherein this jurisdiction is occupied are by and from the Christian Magistrates authoritie In whom as supreme Governour all jurisdiction within her Dominions aswell Ecclesiasticall as Civill by Gods and mans law is invested and their authoritie Ecclesiasticall is but subordinate under God and the Prince derived for the most part from the Prince From which two Statutes and judgements of the gorernours of the Church contained in these two bookes for these two 1 Eliz. c. 1 8 Eliz. c. 1. books were seen and allowed by the Governours of the Church I leave it to be considered if the Bishop did exercise the same improper and abusive spirituall power and jurisdiction Ecclesiasticall only and alonely in their owne names stiles and dignities and under their own seales of office and that also by authoritie of forraign and Papall laws if I say the Bishop did these things after this and this manner I leave it then to be considered whether their exercise of such power were derogatory and prejudiciall in a very high degree to the prerogatives of the Royall Crown or not For my part because I finde by the forraign Canon Law that Papall Bishops bee the Popes sonnes and are priviledged to carry the print and image of the Pope their father namely that they have plenitudinem potestatis within their Diocesses as the Pope pretendeth Ex. de Major obe to have power over the whole world For quilibet ordinarius saith the same law in sua Dioecesi est major quolibet principe and because also notwithstanding whatsoever the B b. have written that M. Bilson pag. 330. they were the Queenes B b and had their authoritie derived unto them from the Queene they did in her life time put the same Papall Law in execution and by the same law did take upon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceive but that exceedingly â—hey did intrude themselves into the Royall preeminences priviledges and prerogatives of the Queene For by what other authoritie than by a certaine The Bb. by a plenary power devised and promulged new Canons without the Queenes assent plenarie power did they in their owne names for the government of their severall Churches within their severall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Injunctions and Articles soever seemed good unto them without any licence or confirmation from the Queene first had and obtained thereunto By which pretensed plenarie power it seemeth that the statute made to bring the Clergie in submission to the King was covertly deluded and our late Soveraigne Lady the Queene cunningly bereaved of that regall authoritie over every particular Diocesan or Ordinarie which notwithstanding by the Parliament was given unto her Highnesse over the whole body and state of the Clergie For if once there bee no necessitie of the Kings licence assent or confirmation to such Articles Canons or Injunctions as every Ordinarie shall make within his jurisdiction then must it be intended that the Statute of submission hath covertly permitted severall members severally to doe and to execute those things which apparently and in expresse terms the whole convocation was commanded and with the same in verbo sacerdotii had promised not to doe then the which what can seeme more unreasonable and absurd For then might all the Ordinaries joyne hand in hand and agree all together in one never in any of their convocations assembled by the Kings Writ to devise make or promulge any Canons Ecclesiasticall at all And what assent licence or confirmation from the King could then be needfull Or how then was the Clergie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold cord is not easily broken but then should it be with them contrary to the proverbe for they being all fast knit and bound together unto the Kings authoritie by a cord of twenty foure threads might easily be broken but being severed and pluckt assunder into twenty foure parts one from the other the 24 Bishops can make no law with out leave And yeâ— every B. doth make many lawes King with all his regall power might not be able so much as to break one of the least threads wherewithall one of their cords was twisted If the Lord Major the Sheriffs Aldermen and whole communaltie of the Citie of London should promise unto the King upon their fidelities not to set any price upon Wines or other victuals by their common Councell within the said Citie unlesse the King under his privie signet should first authorize them so to doe were it not a meere collusion of the Kings meaning if every particular Alderman should set prices of such things in every particular ward But against the collection made from the Statutes 1 8 Eliz. and the judgement of the divines aforesaid A collection made against the former reason by an Apologie for sundry proceed by jurisdi â—â— pag. 5. the author of an Apologie to his understanding reckoneth the same collection to be a very simple collection and against the same he answereth and reasoneth in effect thus If as is collected all power spirituall by a commission under the great Seale must bee derived from the Queene to warrant the execution of it unto him that is to exercise it then must the like warrant bee procured for every temporall office to execute his temporall office But every temporall officer must not procure like warrant to execute his temporall office Therefore a Commission under the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his major proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as
the house 2 Chr. 24. of the Lord upon Balaam King Ioash commanded the Priests and Levites to go unto the Cities of Judah to gather of all Jsrael money to repaire the house of God from yeare to yeare and they made a chest and made Proclamation to bring the tax of Moses and the Princes rejoyced and brought in and cast into the chest And when there was much silver they emptied the chest and carried it to his place againe and thus day by day they gather silver in abundance If then towards the building of an earthly house the Princes and people of Judah and Israel willingly with joy of their hearts from yeare to year and from day to day threw silver in abundance into the chest how much more were it praise worthy if Christian people did encourage themselves to pay a smal tribute towards the provision of a competent maintenance for their spirituall pastours by whose labours as lively stones they might be builded up into a spirituall temple in the Lord That many and great taxes and tributes of late yeares have beene made for many uses and to many purposes there is no man ignorant thereof And therefore though there be little reason that the people standing already burdned with great charge should be againe recharged especially when without any extraordinarie burthen there is an ordinarie meanes if the same were accordingly bestowed by the people yeelded to relieve the Ministers in all places with a decent and comely portion yet notwithstanding to be eased from those publike payments and annuall grievances imposed by the Ecclesiasticall Courts upon the people is not to be doubted but the parishioners in all places would willingly pay any reasonable tax or tribute to be demanded of them for this purpose An other meanes to raise this publike treasure may be a dissolution The dissolution of Chappels may bee a good mean to raise a tribute of all free Chappels and Chappels of ease in the Countrey together with an union of two or moe Churches into one especially in Cities and great townes For as in these Cities and Townes the poorest and meanest livings bee provided so generally for the most part are they fitted with the poorest and meanest Curates as by most lamentable experience is to be seene in all the Episcopall Cities of the Realme excepting London Nay the chiefe and Metropolitane Citie of Canterbury is not to be excepted For in that Citie there being about 12 or 13 Parish Churches there hath not beene ordinarilie of late yeares above 3. or 4. able Preachers placed in the same Churches The Chappels to be dissolved and the Churches to be consolidated by two and two into one and one can be no fewer in number than one thousand at the least All which if they might be sold the money to be raised upon their sale could bee no lesse than twentie thousand pounds if they were sold only for twentie pounds a peece But if they be well worth double or treble so much then would the treasure also be double or treble This dissolution of Chappels and union of Churches is no new device nor strange innovation but hath beene heretofore thought upon and in some part confirmed alreadie by our Kings in their Parliaments Touching the dissolution of Dissolution of Chappels no new device Chappels the most reverend Father Thomas Cranmer Archbishop of Canterburie with the residue of the Kings Commissioners appointed for the reformation of Ecclesiasticall lawes alloweth of the same And Titu de eccles gard fol. 54. for the union of Churches there was an act made 27. H. 8. so they exceeded not the value o six pounds And by a statute 1 Ed. 6. it was lawfull for the Mayor and Recorder of the Citie of Yorke and the Ordinarie or his Deputie and six Justices of the peace in the same Citie to unite and knit together so many of the poor parishes of the same Cities and suburbes of the same as to them should be thought convenient to be a living for one honest incumbent And it was lawfull for the Lawfull for the Major of Yorke c. to unite Churches in the Citie of Yorke said Major Recorder and Aldermen to pull downe the Churches which they should think superfluous in the said citie and suburbes of the same and to bestow the same towards the reparation and enlargment of other Churches of the Bridges in the Citie and to the relief of the poor people The considerations which moved the King and Parliament to ordaine this act were these viz. The former incompetency of honest livings the former necessitie of taking very unlearned and ignorant Curates not able to doe any part of their duties the former replenishing of the Citie with blinde guides and Pastors the former What reasons moved K Ed. 6. to unite Churches in York may move king Iames to unite Churches in Canterbury c. keeping of the people aswell in ignorance of their duties to God as also towards the King and Common weal and lastly the former danger of the soules of the Citizens If then in these dayes it might please the King to apply like plaisters to the like sores to provide remedies for the like mischiefs and for the like diseases to minister like medicines it would come to passe no doubt in few years that the lame and the blind and the broken with a number oâ— unhallowed and unclean beasts should be swept and cast forth of all the Parochiall Churches within Canterburie Winchester Chichester Lichfield Oxford and other great Cities of the Realme For these Chappels and smaller Churches being the very Seminaries of all hirelings and idle Shepheards a Benefice can no sooner become void but the poore and hungry Chaplaines wâ—arie Chappeâ—s the seâ—inaries of hirelâ—ngs of their thin dyet and long leaping after a beane presently trudge to the Patron offering or accepting any conditions to bee presented by him And not only should the Church by this meanes bee rid of these vermine but also the learned and Preaching Minister without further aide or contribution in those places might have more liberall maintenance than erst they have had For then should they be no more constrained to deduct out of their livings by reason o Chappels yet standing and as it were annexed to their parish Churches some 10 pound some 20. pound some 30. pound by the yeare for the wages o these hirelings besides this a singular and apparant benefit could not but redound to the Common weale by the dissolution By the dissolution of Chappels many suits in law should be avoided of these Chappels when as many long tedious and changeable and uncharitable suites heretofore had and commenced should hereafter be extinguished betweene the parochians of the mother Churches and the inhabitants of Hamblets for and concerning the repaire and reedifying of the said Churches and Chappels and for other rights and duties challenged to belong from one unto the other A third meanes to
against us that we which urge the same holy law for the bringing in of the discipline by pastors and elders should notwithstanding contrary to the same law intend the leaving out or altering any one of the three estates But which of the three estates was it that he meant should bee left out I trow there is none of the state of prelacie so ill advised as to take upon him the proof of this position viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament by themselves alone doe make one of the three estates or that the statutes of England to this day have stood by their authorities as by the authoritie of those who alone by themselvs are to be accompted one of the three estates For if that were so how much more then might the great Peeres Nobles and temporall Lords challenge to make by themselvs an other estate And without contradiction to this day the commons summoned by the kings writ have ever been reckoned a third estate Now then if statutes have hitherto stood by authoritie of the Lords spirituall as of the first estate by the authoritie of the Lords temporall as of the second estate and by authoritie of the commons as of the third estate I would gladly be resolved what accompt the Admonitor made of the Kings estate It had not beene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spiritualls dutie and fidelitie in the execution of our late Queenes lawes to have set her Royall person authoritie and state behind the lobbie at the Parliament doore Either the kings Royall person then as not comprised within the compasse and circumcription of the three estates by his meaning which had beene but a very bad meaning must be thought to have beene hitherto secluded from authorizing the statute lawes made in Parliament Or els it is a most cleare case that the Lords spirituall themselves alone do not make any one of the three estates And what matter then of more weight may it happily seeme to be to alter the authoritie of the Lords spirituall and to leave them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine and continue by authoritie of the three estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and ever hath beene a perfect entire and complete bodie and State without the bodie and state of Prelacie and that the King and Nobles and Commons of the Realme without Prelates Bishops or Clerkes doe make up all the members and parts of the bodie and of the state and may therefore ordaine promulg and execute all manner of lawes without any consent Anno 36. h. 8. fo 51. h Anno m. j. fo 93. â— approbation or authoritie yeelded unto the same by the Bishops spirituall or any of the Clergie And thus much our Divines Histories and Lawes do justifie Sir Iames Dier Lord chiefe Justice of the Common pleas in his reports telleth us that the state and bodie of a Parliament in England consisteth first of the King as of the head and chiefe part of the bodie secondly of the Lords as principall members and lastly of the Commons as inferiour members of that bodie By a statute of provisoes it appeareth That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King England was founded into the state of prelacie within the Realm of England by the grand father of King Edward the third and his progenitors and the Earles Barons and other Nobles of the Realme and their Ancestors for them to informe the people of the law of God and to make hospitalities and almes and other workes of charitie in These uses are changed to the keeping of great horses great troopes of idlers wiâ—h long haire and great chaines of gold 6 Eliz. c. 1. The King bound to do lawes made without assent of prelates to bee kept as lawes of the realmes the places where the Churches were founded From whence it followeth First that the Archbishops and Bishops only and alone doe not make of themselves any state of prelacie but that the whole holy Church of England was founded into a state of Prelacie Secondly it is plaine that the Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy Church of England into a state of Prelacie ought and were bounden by the accord of their people in their Parliaments to reforme and correct whatsoever was offencive to the lawes and rights of the crowne and to make remedie and law in avoiding the mischiefes dammages oppressions and grievances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to bee kept as lawes of the Realm though that thorough sufferance and negligence any thing should at any time be attempted to the contrary For whereas before the statute of Caerlile the Bishop of Rome had usurped the Seignories of such possessions and benefices as whereof the Kings of the Realme Earles Barons and other Nobles as Lords and Avowes ought to have the custodie presentments and collations King Edward the first by assent of the Earles Barons and other Nobles and of all the communaltie at their instances and requests und without mention of any assent of the state of prelacie in the said Parliament holden at Caerlile ordained that the oppressions grievances and dammage sustained by the Bishop of Romes usurpation should not from thenceforth be suffered in any manner And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile did afterward in the time of King Edward the third daily abound to greater dammage and destruction of the Realm more than ever before and that by procurement of Clerks and purchasers of grace from Rome 31 Ed. 5 sta of â—â—ering the said King Edward the third by assent and accord of all the great men and commons of this Realme and without mention of any assent of Prelates or Lords spirituall having regard of the said Act of Caerlile and to the causes conteyned in the same to the honour of God and profit of the Church of England and of all this Realme ordained and established that the free elections of Archbishops Bishops and all other dignities and benefices elective in England should hould from thenceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords And in divers other statutes made by King Edward the third it is said that our soveraigne Lord the King by the assent of the great men and all the Commons hath ordained remedie c. That it was accorded by our Soveraigne Lord the King the great men and all the commons 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours
the bishops And therefore in the finding and having of one pastour in every parish they and wee differ not But that men of occupations only should be chosen Seniors and Deacons in every parish or if Seniours and Deacons were men of occupations in any parish that they should be all found of the parish we utterly disclaime as an absurditie of absurdities And yet wee deny not but in Cities and great townes wherein for the most part men of trade doe inhabit that Seniours and Deacons must of necessitie be men of occupations Vnlesse then an occupation must of necessitie hinder men from being faithfull religious and godly men there is no reason to inforce that men of occupations in cities and What kind of men ought to be chosen seniours and Deacons great towns should not be chosen Seniours and Deacons And as for Countrey parishes wherein very few or no men of occupations doe reside this objection is altogether idle In which parishes also we affirm that men of greatest gravitie integrity wisedome faith and godlinesse ought to be chosen Seniours and Deacons And wee doubt not but all such men as whom we intend ought to bee chosen Seniours and Deacons whether dwelling in Cities and Townes or in the Countrey would be as ready as willing and as watchfull prudently to imploy themselves hereafter in matters of the Church as now either themselves or their equals are busied in matters of their corporations or common weal without any manner of contribution to be yeelded towards their finding When the people of Israel were commanded to pay their tythes first fruites and other oblations unto the Priests and Levites for their attendance and service in the Sanctuary we do not read in the whole book of God that they were injoyned to be helpers and contributers to the reliefe and sustentation of the Captaines over thousands of the Captaines over hundreds nor of the Elders and governours placed citie by citie for the affaires of the King And therefore sithence wee have neither precept nor president that all the officers of the Church should be found at the costs of the Church and sithence also as well in Countrey parishes as in Cities and townes to the praise and glory of God be it spoken wee have many able wealthy and substantiall persons who have given their names unto Christ what necessitie is there that any such Seniours and Deacons should bee elected as have need to be relieved and supported by a common purse And Church-wardens and sidemen are not found at the charges of the parishes had the Admonitor well and advisedly pondered that our Church-wardens and Sidemen who carry a semblance of governing Seniours that our Collectors also for the poore who justle out the Deacons being all of them men of occupations poore husbandmen or day labourers and being not â—ound of the parish are notwithstanding ofâ—entimes in the yeare troubled and turmoyled from one end of the Diocesse unto the other and that which is more from attendance upon their day labour husbandry and occupations to wait and to attend not upon matters of the Church but upon money matters pertaining to the officers of the Bishops consistorie Had he I say wisely and sincerely considered these things he would certainly not once have mentioned this so silly and simple a suggestion But quite and cleane to cut off at one blow all the skirts of the coate of this silly bulbegger that the very buttocks of it may be bare and that the Church may see there is no such burthensome Charge to be laid upon her as is fained the grave and godly judgement and policie of King Edward The judgment of K. Ed. 6. commissioners touching Elders and Deacons the sixth his Commissioners authorized to compile a booke for the reformation of lawes Ecclesiasticall according to an act of Parliament in that behalfe provided shall rise up for us and plead the truth and equitie of this our sayings The commissioners names were these viz. The most reverend Father Thomas Cranmer Archbishop of Canterbury Thomas Bishop of Ely Richard Cox the Kings Almoner Peter Martyr professor of Divinitie William May Rowland Taylor Doctor of the Law Sir Iohn Cheeke Iohn Lucas Richard Godericke M. Hadon and others All which reverend learned Titul de divinis officiis c. 10. f. 45. and religious men as with one voice and accord speake one thing so thus and thus they speake Evening prayer being finished wherunto all shall be attendant after sermon in their owne Chuâ—ches the chiefe Minister whom they call parochies and the Deacon if happily they shall be present or they being absent let the Ministers Vicars and Elders so the Archbishop of Canterbury afterwards a godly Martyr and Bishops can skil of the name of Deacon and Elders with the people confer about the money put apart to godly uses how the same may be best imployed And let the Dâ—scipline lo these sage Counsellers were all Disciplinarians be reserved untill that time For they whose frowardnes hath been publike and tending to the common offence of the Church let such be recalled to the acknowledgement of their faults and let them publikely for the same bee censured that the Church by their wholesom coertion may be brought in good frame Afterward let the Minister going a part with some of the Elders take counsell how the others whose manners are said to be lewd and whose life is said to be full of mischiese may first according to the commandement of Christ in the Gospell come together and be communed with by sober and discreet men and with a certaine kinde of brotherly love By whose admonition if they shall reforme themselves thankes are diligently to bee given unto God But if they shall proceed forth in their wickednesse they are to bee bound with that sharpe paine which by the Gospell wee know to bee prepared for contumacie And when the force and vehemency of excommunication shall bee shaken first let the Bishop be sought unto who if hee shall consent and oppose his authoritie let the forme of excommunication bee dispatched before the whole Church that we may bring in as much as may be the ancient Discipline Thus much have these most Christian Disciplinarians and renewers of the ancient Discipline by Pastours Elders and Deacons both written and spoken And yet have they founded never a word to the finding of Elders and Deacons by the Parish nor by having men of occupations to leave their businesse to attend upon matters of the Church For men thus meeting together once only in the week and that upon the Lords day and that only within their own parishes and without payment of any fees may very wel notwithstanding these attendances give themselves wholly all the weeke following to their ordinary vocations And therefore against his not able to finde one tolerable Minister much lesse to finde a Companie c. I conclude thus No Parish in England shall be burdened to find so much as one
distinction of the seaventie Disciples from the rest And lastly against the cursing and fighting of the late Bishops of Rome till excluding both 359. Prince and people from yeelding his consent or making their request they had reduced the election wholly to the clergie hee telleth them by 339. their leave it was not so from the beginning From all which sayings of Master Bilson I conclude thus Whatsoever is right lawfull and free by the law of God whatsoever standeth upon the grounds of reason and nature whatsoever is derived from christian equitie and societie whatsoever is from the beginning and was left by the Apostles to the church at Ierusalem â—he same ought still to remain and must be kept inviolable in the church But the peoples interest to choose their Pastor is right is lawfull is free by the law of God standeth upon the grounds of reason and nature is derived from Christian equitie and societie is from the beginning and was left by the Apostles to the Church at Ierusalem Therefore the pe oples interest to choose their Pastour ought still to remaine and must be kept inviolable in the Church The whole proposition and every part thereof together with the assumpt and every part thereof is drawne from M. Bilsons owne confession Only to the proposition hee hath annexed certaine conditions or exceptions viz. Vnlesse by law custome or consent the people have restrained themselves or transferred or altered their right or else by their default or abuse the canons councels superiour powers princely or publike lawes have abridged altered or abrogated the same Now then it remaineth to know whether any consent default abuse custome canons councels superiour powers publike or princely edicts may be a good and sure warrant to abridge transferre or abrogate the peoples interest from having to do in the choice of their Pastours Our Saviour Christ when he came in the flesh he came to reforme the abuse crept in of the Law and to improve the corruptions of doctrine taught by the Scribes Pharisees and Doctors of the Law but hee tooke not away any least tittle of the Law ne abolish any jot of true and sound doctrine in the Church The Gospell teacheth us to order our judgements aright to bridle the unrulinesse of our affections and to moderate our inordinate appetities But yet doth not the same command us to empty our soules of all judgement to bury our affections in our bellies and to become as dead as stones without all Canons and Councels c may bridle disoâ—dered elections but not disannul elections of the people altogether sense or appetite In like sort we grant that custome consent Canons Councels Superiour powers publike and princely lawes may reâ—orme reprove restraine direct moderate and bridle the disordered unrulinesse and contentious brawlings of the people in and about their elections yea and we grant further that they may alter abridge or enlarge the forme and manner of elections All this we grant but that Christian Kings or any superiour powers may take this right into their owne hands as hee saith from the people or that the people by any law custome consent canon or councell may transferre or abolite their right fâ—eedome and interest given and deduced unto them â—y these rules and by these grounds I doe not yet perceive any good ground oâ— reason for the same For in so doing how should the holy wisedome and providence of God who hath imprinted in our nature these rules and these grounds this equitie and this freedome be so holily regarded and so highly reverenced as it ought to be For hath he made us freemen and can we without contempt of this grace become bondmen And albeit in some cases that may be well said quod volenti non fit injuria and that quilibet potest recedere a suo jure yet the cases must be such as a mans willingnesse and reâ—dinesse to forgoe his right be not tyed to him with so strong a band as is the band of the grounds of reason and nature of the rules of Christian equitie and of the freedome of the law of God It is free I grant for a man to eate or not to eate to drinke or not to drinke but for a man not to eate at all or not to drinke at all and so with hunger and thurst to sterve himselfe is not free and in this case volenti fiâ— injuria Every man that hath a wife that hath sonnes and daughters that hath men-servants and maid servants as by the very instinct of nature and by the equity of the Law of Christ he hath freedome to provide for them so must he carefully use this his freedome And therefore hee may not wholly and altogether put â—rom himselfe and expose at hap hazard the provision education instruction dieting apparelling and lodging of his wife his sonnes his daughters and his servants unto strangers neither may husbands fathers nor masters give their consent to the making of any law or the bringing in of any custome whereby their freedomes should be restrained adnihiled or made void in this behalfe For by thus violating the rules and grounds and by thus treading as it were under foot the equitie of Christ and the freedome they have by the law of God should they not most profainely and impiously despite God and as it were overturne the whole order he hath set in nature And if the people may not cast off these rules and these grounds this equitie and this freedome in things appertaining to the frail bodily transitorie and earthly life how much lesse may they cast them off or set little by them in things appertaining to the salvation of their soules and to a durable spirituall everlasting and heavenly life But the peoples right to choose their Bishops did never depend Objection that the peoples right did never depend upon thâ— expresse commandement of God upon the expresse commandement of God neither can the people challenge by Gods law the right to choose their Bishops I meane saith he no such thing is expressed and contained in the Scriptures What then if it doe depend or bee contained under the generall grounds and rules of reason nature christian equitie christian societie principles of humane fellowships the law of God the practice of the Apostles and that which was from the beginning Is it not sufficient Though it be not expressed in these termes viz. That the people must choose or that the people have right to choose their bishops it is not expressed and contained in the Scriptures that every man must choose his owne wife or that every woman must choose her owne husband And yet by the doctrine expressed or contained in the Scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that every man hath right to choose his owne wife and everie woman right to choose her owne husband Againe it is not expressed
Clerke and archdeacon knowing the Church not to be vacant refuseth to execute the Bishops inductorie mandat For many times upon pretence that the Church standeth void being indeed full the Patron upon suggestion granteth a presentation and the Bishops also institution which if the Archdeacon refuse to execute then besides the discord between the Bishops and the Archdeacon for contempt of the Suites between the Bishop and the Archdeacon Bishops mandat he who pretendeth title by vacancie thinking to have right though a reall incumbent be in possession bringeth their two titles to be tried in the Ecclesiasticall Court but before the matter can be finally sentenced by that Court many foule riots â—â—ots and breaches of the Kings Peace breaches of the Kings peace and unlawfull assemblies upon entries and keeping possessions doe ensue as was well enough lately knowne in the case between Rogers and Baker for the title to the Paâ—sonage of Barby in the Countie of Northampton Howbeit let it be supposed that none of these variances in law fâ—ll out between the Bishops and the Patron between the Bishops and the Clerke between the Bishop and the Archdeacon between the Clerk and the Archdeacon and between Clerke and Clerke the exaâ—tion notwithstanding of unlawfull gaine for fees of letters of institution and fees usually payable to the Bishop his Officers as aforesaid for fees of the Archdeacons induction his Rester his Clerke and his Apparrators fees the unconscionable exaction Vnlawfull feâ—s for letters of institution c. I say of these unreasonable fees may seeme to be a conscionable motive to cause better things than these without danger to be attempted and innovated And yet these are not all the bad events that happen and fall out upon the presentation institution and induction now used But by the interest whereby the Bishop challengeth to be custos Ecclesiarum there happen as bad if not worse than these For there is no sooner a Church void but a post is sent in all haste with letters of sequestration to sequester the Vnlawfull fees foâ— letters of sequestation fruits to the use of the next incumbent Which next incumbent for the great care taken to preserve the fruits to his use before he can obtain to be put in reall possession must pay Ten Shillings or a marke or more for those letters of sequestration which as much more also for letters so called of relaxation besides Two pence Three pence or Foure pence a mile for portage to the Somner And from hence is the Patrone as I take it very much injuried For he being as it appeareth by the Statute of 25. of King Ed. 3. Lord and Avower of the benefice ought to have the custodie and possession thereof during the vacancie Besides many times wilfull Perjurie by the Clerke and robberie by the patrone perjuries are committed by the Clerke and many times sacrilegious robberies are perpetrated by the Patrone The Clerke when he sweareth that neither directly nor indirectly any compact promise bande or agreement hath been made or passed by him for him or in his name to the Patron many times forsweareth himselfe And if the Clerke be presented to a Vicarage then the Bishop Every Vicar sweareth or ought to sweare to be resident if he be faithfull to the law sweareth him to be resident upon the same Church Which oath notwithstanding is afterwards broken when as the same Vicar accepting another benefice and retaining withall the former by purchase of a dispensation betaketh himselfe to be resident upon his second Benefice and so by non-residence from his first Vicarage committeth perjurie Touching the Patrons robbery thus it is and thus many times hath it fallen Patrones robberie out The Patron when at the hands of two three or moe such perjured Clerkes he hath time out of minde possessed the mansion house or gleebe-land of the Parsonage finally in time spoiled the Church both of the house and gleebe-land the gleebe-land being often intermingled with his owne inclosed grounds he possesseth them as his owne inheritance and in steed of the Parsonage house either he buildeth another new or else hireth some cottage or farme house for the Parson and his successors to inhabite in These abuses we see are many and yet besides these continuing at this day in the goverment established there remaineth others as foule and as grosse as any of the rest which is the too too inordinate and licentious chopping and changing of Churches from Minister to Chopping of benefices despensations c. Minister for dispensations commendames perinde valeas res pluralities and Non-residencies wherein not the people to be taught but their own backs and bellies to be cloathed and fedd is wholly respected Now then that this manner of goverment wherein the afore specified the like discoÌ„modities daily fall out under colour of not diminishing the Kings Prerogative of not altering laws setled of not attempting dangerous innovations and of the preserving of the right of Patrones Bishops and Archdeacons should still be continued without any mention or Remembrance to be once had of their discontinuance especially in the time of Peace and under a Christian Magistrate and in a state as he saith reformed we humbly leave to the wise and mature deliberation of our most Christian King and State in Parliament And we most humbly beseech the King and State that indifferently freely and largely it may be argued heard and examined whether it be possible Supplication to the King and State in parliam that the tenth part of these or any other the like disorders corruptions and grievances can possibly fall out in the Church by that platforme of Discipline which is required to be planted And to the end that the Kings Majestie and the State might rightly and perfectlie be informed and resolved of those points whereof we now speake viz. of the petition ordination election prefentation and admittance of every Parochiall Pastour to any Church with cure of soules how the same may stand and not be disagreeable to Petition ordination c. of Misters or Pastors how the same may be made without Bishops or Archdeacons not disagreeable to divers lawes already setled divers lawes already setled and in force it is requisite that the substance of these things in this place be intreated of wherein against the base office and meane person of the Archdeacon we oppose the Royall office and most excellent person of the King against the immoderate office and stately person of one Lordly Bishop wee oppose the meek and temperate cariage of a Senate or Presbyterie of many wise learned and grave Ministers together with a Reverend assemblie of the Ancients and chiefe Fathers of every Church destitute of a Pastor As for the Patrons right we are so farre from diminishing any jott of the true right which by laws setled he ought to have as that he shall quietly possesse his interest and that with lesse
in knowledge and in spirituall worke-manship many Bezaliels and many Aholiabs spiritually to carve grave and imbroyder the Lords spirituall Temple The perfection therefore after which we long and the change of the Clergie whereof we intreate is but such a perfection and such a change as good meanes for the restitution of impropriations being used may easily be attained and well made For the perfection required by us to be in a Minister What perfection of a Minister is required by this platforme is none other than such as the holy Law of God and the Lawes Canons and Injunctions already setled doe require viz. that every Minister to whom cure of soules is committed with some competent knowledge according to the measure of the grace of the gift of Christ be able to teach to exhorâ— and reprove the people yea and to convince the gainesayers if any should arise among them From whence also springeth the change intended by us viz. that in the Churches of all Ministers unable to teach c. There might bee a change of Ministers able to teach c. Wherefore if the Admonitor meant otherwise then wee intend and if upon placing a learned and discreet Minister in every Parish he should not intend the change of the High â—nd Papall state of Prelacy then either is not his answer pertinent to the question or else it must necessarily follow from his intendment that the high and Papall state of Prelacy and Prelacy a learned Ministery cannot stand together the placing of a learned and discreet Minister in every Parish are like unto Coleworts planted among Vines or unto Parsly sowed among Bishoppes Weed which will never spring grow and prosper together Because the rising of such a Learned Ministery must bee the fall ruine and breake-necke of Prelacy And this followeth inevitable upon his owne reason drawne from the taking away of the great rewards of learning by the change of the Clergy For the great rewards of learning whereof he speaketh must of necessitie be the Prelacies viz. Arbishoprickes Bishoprickes Deanries Archdeaconries Prebendaries Canonries Chanterships Commendames non Residencies and Pluralities And then let us observe whether in effect he hath not reasoned thus If prelacies being the great reward of learning should nor stand and not be changed there is no man able to devise how a learned and discreet Minister may be placed in every parish but if prelacies the great rewards of learning may once be changed and not stand then were it possible to have it devised that a learned and discreet Minister might be placed in every parish And then hath he not profoundly and learnedly disputed when he hath preferred the Damsell before her Dame and the maid before her Mistresse When hee hath advanced a great deale oâ— learning in one before a great deale of learning in many and learning in some places before learning in all places lastly when by continuance and furtherance of the great rewards of learning he â—ath greatly hindered and discontinued learnednesse and greatly furthered and continued uâ— learneâ—nesse For if Prelacies were no hiâ—deranceâ— but only furtherances of discreet and learned Ministers and againe if prelacies were no furtherances but only hinderances â—f unlearned and undiscreet Ministers to be had in every parish thâ—n might the rewards of learning still remaine that men should not be diâ—couraged to send their sonnes to the studie of good learning For generally men be not so much incouraged to set their sonnes to learning where a few great rewardes Men are more encouraged to learning where many good rewards than where few great rewards are provided of learning are provided for a few men greatly learned as where many good rewards of learning are provided for many good learned mâ—n Aâ—d to speake as experience teacheth us and as the truth is what one father among twenty will dedicate his sonne to learning if men as the case now standeth under prelacie not brought up at the feet of Gamaliel but at the feet of some swash-buckâ—er not taught from any Doctors chaire but schooled upon some crafts man stooâ—e when men who can but reade and cannot preach may be Ministers and capable of the fattest benefice within a whole Countie In the Common-weale if there bee many places of honour profit and dignitie for such oâ—ly as have valiantly served the King in his wars or carefully attended upon him in the Court then will many fathers incite and incourage their sonnes to prepare and furnish themselves to the warres and to the Court But if all mens sons in the Camp and in the Court bee capable of entertainments alike if as well a labourers sonne following the Cart as a noble mans son a waiter in Court may be the Kings Lord Chamberlaine in time of peace and if as well a Carpet Knight as a valiant warriour may be Lord generall in time of warre would any father for many yeares together costly and gorgeously brave his sonne at Court or would any father adventurously and dangerously hazard his son in the field Again fathers doe not therefore send their sons to be students at the Innes of Court or to be apprentises in the City of London only in regard that they may bee all great Citizens and all great rich men and all great Lawyers and all Judges of the Land It sufficeth all parents and the purpose and intent of all parents is that their sons being such Lawyers and such Citizens as by their law and by their trades they may thrive and live Barrester-like and Lawyer-like Marchant-like and Citizen-like though they be not able to live Serjeant-like or Judge-like Alderman-like or Lord-like In like sort questionlesse would it be an excellent incouragement to many fathers to send many sons unto many Schooles and Vniversities of learning if so be there were many and good rewards rather than few and great rewards provided for many rather than for few learned men in the Church For if there be but few rewards albeit the same be great then but a few fathers among many will adventure the spending of their substance upon a vaine hope that their sons shall obtaine great rewards of learning For what father knoweth the capacitie and diligence of his so Or who can divine that his son shall be one among the number of a few men greatly learned worthy of a great reward and to live Deane-like Archdeacon-like Bishop-like or Archbishop-like Wherefore if such a change of the Clergie as whereof wee speake were made that is to say if â—n unlearned and undiscreet Ministerie were changed into a discreet and learned ministerie it is not to be doubted but a farre greater number of sons would be sent by their fathers to the studie of good learning than now there be From whence also it followeth that either Papall Prelacie is the Prelacy the bane of a learned ministerie only bane of a learned Ministerie or else that an unlearned Ministerie is the untimely fruit of