nothing at all to the qualifieng or rebating of the edge of Gods wrath against this detestable sinne of Simonie and church-robbing His other excuse or eleuating of the sinne of simonie by the good-will of the person may be * Aristot. 3. Ethic. compared to the good will of him that to vnlade the ship in a tempest departeth in a sort willinglie with his pretious treasure which with his owne hands he casteth ouer ship-bord to saue his owne life But the patrone he saith enioieth a Right in the church-liuing by couenants Right he can not haue to that which both Gods law and mans law dooth detest and the couenants are vnhonest being by law condemned and therefore by no law doo bind either of the parties but are méerelie void 51. Section Pag. 103 104 105. HEre he resumeth againe the obiection made in fauour of the Bishops who are supposed to admit insufficient men sometimes to benefices least by a writ of Quare non admisit brought at the common law the clearke reiected to the great vexation and charge of the Bishop should notwithstanding be admitted to the benefice And saith It is an obiection not to be obiected Truth it is that this obiection is not worth the obiecting and therefore he that tooke vpon him in behalfe of others thus to frame it if his skill had béene any greater in the common lawes than it is in the ciuill he would sure haue framed it better and with some more likelihood of probabilitie For the * Br. de quare non admisit Natura breuium vetus noua writ of Quare non admisit dooth not lie vpon the reiection of a clearke by the Ordinarie for insufficiencie onelie but where the Ordinarie refuseth to admit his clearke he hauing by action at the common law recouered the aduowson of the church against some that likewise pretended right vnto it And by the * Natur. breuium ibidâ—m noua natura breuiuÌ„ fol. 47. g. writ of Quare non admisit brought if the plaintife preuaile against the Bishop he shall not thereby recouer his presentment against him but damages for not admitting And * Ibidem liger f. therefore it is to be brought in that countie onelie where the refusall was made and not in the countie where the church standeth as in Quare impedit is required where the presentment is also recouered Yet this if I doo not mistake it may contrarie to our authors intention be hereof gathered that the Bishop which shall refuse to admit such a patrones clearke for insufficiencie peraduenture as hath recouered against another man the aduowson and right of patronage of a church may vpon this writ of Quare non admisit be cast in irrecouerable damages though the clearke doo not thereby procure his institution So that we sée the Bishop which shall reiect an insufficient clearke besides the charges and trouble he may be put vnto vpon a Quare impedit yer it come to triall before the Archbishop is not otherwise cleare from all danger in this behalfe though both by ciuill canon and common law as he saith the examination and iudgement of a clearkes sufficiencie doo apperteine to the cleargie Yet the first place which for proofe hereof he bringeth out of the Autentikes Col. 9. hath no such matter but onelie sheweth in some part what kind of men such must be as are to be assumed for clearkes Likewise the last place out of the common law alledged speaketh of a clearke reiected not as insufficient but as criminous not mentioning at Impertinent allegations all to whome the examination and inquirie of his sufficiencie dooth apperteine but saith onelie that a spirituall man may know his owne clearke But as not being sure of his grounds out of the common law which he standeth vpon and yet minding to be sure to deriue and conuey all the hatred and enuie of planting insufficient ministers vpon the Bishops he teacheth the Bishop to depose such a clearke for vnabilitie whome the common law hath thrust into a benefice against his will But dooth he thinke the reach of reason of so manie notable men in the common lawes to be so short as that they will be to seeke to find an Oliuer for this Rowland Or whome they haue by a iudgement at their law found to be sufficient shall they not be able to mainteine him in his liuing once gotten being called againe into question but vpon the same cause onelie But how can this deuise stand if our authors reason Inconstancie Pag. 101. afore brought were good and generall that Whom the Bishop hath reputed meete vnto orders them he ought to repute also fit for a benefice Or with that other paradoxe of his which giueth To all the people an interest in the election of their minister Shall not they haue also according to the rule of law an interest in his reiection and deposing And what if his insufficiencie be not so great as that the law will allow his deposition in that respect onelie according to that which to this purpose hath bene alreadie spoken although the Bishop might haue good reason to induce him to thinke him vnfit for the benefice which he was presented vnto shall he neuerthelesse otherwise than law will warrant procéed to his deposing Naie if this were tollerable the Bishop might with better pretense and lesse danger or trouble vpon finding him vnfit giue presentlie Definitiue sentence against him that he is no minister at all as our author hath learnedlie taught him and then would the matter be spéedily dispatched But yet further what if the partie appeale and prosecute euen till it come to hir Naiestie and make the Bishop the partie appealed in euerie instance as hauing done him the iniurie Nust not the Bishop be forced either to sit downe and yéeld or else to his intollerable charges to prosecute and perhaps in the end be ouer throwen and so paie charges also which the appellant hath defraied Iruelie if euerie Bishop should follow this plat and should séeke to depose from the ministerie whom our author iudgeth no minister for insufficiencie he had néed to be either indued with a Dictators power without all appeale or else to haue as much liuing as halfe the Bishops in England onelie to be expended in following these sutes in his owne onelie Diocesse ¶ Confess Ecclesi Helueti We condemne all vnmeet ministers not indued with gifts necessarie for a shepherd that should feed his flocke Howbeit we acknowledge that the harmelesse sim plicitie of some shepherds in the old church did sometimes more profit the church than the great exquisite and fine but something too hawtie knowledge of some others Wherfore we doo not reiect now adaies the good simplicitie of certeine so that they be not altogither vnskil full of God and of his word ¶ A necessarie Appendix concerning certeine points of externall policie and gouernement in the church occasioned vpon the authors speeches OUr author
though three witnesses at the ciuill law doo directlie depose concerning a mans testament yet if no more were present the testament shall be ouerthrowne and that with good conscience where that law hath place which requireth the seales of the testator and of seauen witnesses The like may be said of our inheritances which descend onelie to the eldest in bloud though the aforesaid reason of S. Paule being sound dooth make all the sonnes heires as before was touched Concerning the other part of his Minor proposition that None can alter or dispense with the law of nature bicause all naturall things are immutable I saie first that by this vntrue translation of All naturall things in steed of All lawes of nature he hath disaduantaged greatlie his owne cause For it is verie notorious that not onelie all naturall things euen the heauens themselues which doo were old as dooth a garment are subiect to mutabilitie but euen particular nature or as the old schoolemen terme it Natura naturata is inuerted and changed by manie casualites as in production of monsters and the naturall inclinations of manie are brideled and almost wholie subdued by good education ioined with the grace of God Euen the heathen philosopher Socrates confessed that he was by nature blockish and lecherous as the Physiognomer had coniectured which yet he had altered by Philosophie But it is also requisite that we should vpon particular discourse of sundrie lawes of nature consider how well the Abstractor dooth vnderstand this law which he bringeth to prooue the vnchangeablenesse of the law of nature By the verie first law of nature no man did seeke any further than to lead a priuate life thinking it sufficient to prouide onelie for himselfe his wife and his children without anie care or thought taking for anie publike or common-weale This appeareth by * Aristot li. 1. Polit. c. 1. Aristotle who concludeth the first and simplest societie and communitie by nature within the straits of a mans owne familie Of that time an ancient * Lucretiue li. 5. poet speaking saith thus Nec commune bonum poterant spectare nec vllis Moribus inter se scibant nec legibus vti Quod cuique obtulerat praedae fortuna ferebat Sponte sua sibi quisque valere viuere doctus Whereof the wise and famous poet Homer giueth also an example of a naturall course of life in the Cyclopes where * Odysi 9. he saith as he is translated verie well Soli habitant nihilhos aliena negotia tangunt Vxori tantùm natis ius dicere docti Now how farre we and almost the sauagest Barbarians that liue vpon the face of the earth are altered and changed from this solitarie priuate life and are reduced to interteine the common-weale and publike benefit of our countrie euen with hazard and losse of our owne life and of all that is otherwise most deare vnto vs we haue experience by the dailie examples of valiant resolute men and of good subiects in all ages Which kind of prodigalitie and profusion if I may so terme it of our owne bloud and incolumitie in regard of the publike-weale of our countrie is greatlie differing from that instict whereby euerie man is naturallie lead by all meanes possible to preserue himselfe from all bodilie dangers Likewise the naturall bond and coniunction of man and * L. 1. §. ius naturale ff de iustitia woman by matrimonie as Vlpian dooth terme it hath beene subiect to changes euen by the * Matth. 19. appointment of the diuine law-giuer Moses yea and moreouer vpon the necessitie of the circumstances therein considerable least that vnkind people should miserablie torment their wiues which they hated is not condemned simplie in Moses by our sauiour Christ But if we will affirme as humane writers doo teach that the first and simplest times of nature had no certeine mariages nor knew no children in certeintie till people had drawne themselues into common societies one with another and with Castrensis that the coniunction of man and woman is of the law of nature the bond of matrimonie with one certeine woman of the law of nations and the solemnities about mariage to be of the positiue law of euerie seuerall commonweale then is the law of nature herein greatlie though iustlie changed and restrained by the prohibitions of marriage in certeine degrées of affinitie and consanguinitie first set * Leuit. 18. downe amongst the people of God and afterward by the light of reason amongst most nations though heathen interteined Yea if matrimonie be of the law of nature then is the naturall libertie thereof verie much abridged by such * Instit de nuptiji § 1. wholesome ciuill lawes which make it otherwise no marriage in those who are vnder their fathers tuition except their expresse assent be first obteined therevnto * Tull. li. 2. de natura deorum l. liberorum 220. §. vlt. de ver signific Another branch of the law of nature is that care of perpetuitie which is ingraffed in man which bicause it cannot be atteined vnto in himselfe onlie he seeketh it naturallie partlie by consecrating vpon due desert his name to immortalitie but much more by substituting as it were his children in his owne place which may florish when he is in decaie and in whome he may séeme being dead in some sort as it were to liue againe And yet it is not vnlawfull no not in termes of diuinitie for a Matth. 19. 1. Cor. 7. a man that can conteine to lead a sole and a single life And that this is a kind of naturall expectation in parents as it were to were yoong and to liue againe in their children it may hereby be gathered bicause b L. isti quidem §. vlt. ff quod metus causa diuers do much lesse estéeme their owne life than the life of their children And euen as by the disputation of philosophers and decision of lawyers it is found that the c Plutarc in Theseo ship wherein Theseus was carried into Candie to subdue the monstrous Minotaure being for a memoriall of that act so long kept by the Atheniens that by continuall repairing of it no one planke or péece of timber was left which it had in the time of Theseus yet was d L. proponebatur ff de iudicijs to be accompted the same ship and as we are to be accompted the same people which we were two hundred yeares ago though no one of that age doo now remaine euen so by the continuall succession of our issue one after another we séeme to be often borne againe and thereby to enioy a kind of immortalitie The next bud of the law of nature is the defense education of our children both bicause of their weakenesse which is such that if we should but denie our helpe to anie other though far more strange vnto vs than they are being in like case we should breake that e Tull.
effects necessarilie proceeding from pluralities as from an efficient or formall cause but as faults which may be presumed to possesse those men which will be their owne caruers and iudges for the inuading of manie benefices without authoritie Yea and if dispensation for pluralitie were such as being strictlie so called dooth release the rigor and extremitie of the law positiue vpon fauor onlie and not for iust causes or equitie yet might the * Arg. l. sed eâ—sâ— lege §. contulit ff de petit haered l. 1. §. magis verb. prodeg ff si quid in fraud pat l. quia autem §. 1. ff quae in fraudeÌ„ cred iuncta l. 1. ff de constit princip prince or those to whom the law hath committed such full authoritie as in diuerse cases besides with a good conscience dispense in it euen as well as they may giue away their owne goods seeing this law is vndoubtedlie meerelie positiue Like as the prince may without offense to God pardon after the fault committed the life of a traitor or fellon vpon méere grace and bountie bicause the penaltie discendeth from law positiue though he can not dispense without sinne to God that in time to come a man may commit treason or fellonie bicause they are forbidden by the law of God And such pardon he may lawfullie grant euen without anie cause to one and denie to another as fréelie as he may create knights endenize * ff C. de natal restit in Auth. quibus modiâ— natur efficianturâ— legitimi legitimate and restore to blood whom he thinketh good and refuse to impart the like grace and fauor to other And this if it be for a matter past is by some termed an Indulgence or pardon if for a benefit to come a Dispensation for a present plesure or gratification is called a Priuilege There may be also good reason of granting these when as for some considerations it is profitable to grant such exemptions besides the generall ordinarie course and reason of the law For it may so fall out that the sauing of some condenmed mans life or granting of some immunitie may no lesse benefit the common-weale than to keepe a rigorous hand vpon the obseruation of the strict points of the generall law may doo harme For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be seasoned and swéetened with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the exact rigor of law must sometimes be moderated with with least it degenerat into inturie and tyrannie For it is sure that as no generall rule or definition can be giuen in law which in application to particular matters shall not faile and be limited with his exceptions so can there no generall rule of right or law be framed which in application to all times places persons whoÌ„ it may concerne shall not necessarilie require some priuileges exemptions dispensations and immunities either in regard of their excellencie well deseruing or in respect of their imbecillitie weakenes or some such like circumstance or other In which respect we are also taught by Aristotle and other wise philosophers Politicians that in all lawes administration of iustice we are partlie to obserue proportion Arythmeticall consisting in recompensing an equall thing with his equall which is a rule in trades negotiation traffike betwixt man man partlie the proportion Geometricall which is conuersant in distribution of honors or rewards in inflicting of punishments and therfore yeeldeth foorth an inequalitie in both according as the persons deserts are different and vnequall Whereby also we sée a common soldiors reward to be lesse than the Lieutenants or Generals a Noblemans death not to be so rigorouslic executed as the common sort iustlie are put vnto And this strict and proper acception of a dispensation which is by releasing and exempting of a man vpon fauor clemencie or mercie onelie from the seueritie of the law the bond thereof still remaining is called A dispensation of grace and may vpon méere bountie of him that is so authorised be granted to some and denied to other some as it shall please him euen without further cause so long as the law is but méere positiue But it hath no place at all in the first a Dist. 5. in princip §. naturalia iust de iure nâ—tur principles of the law of nature nor in the commandements of the Decalog necessarilie and immediatlie b Rom. 1. deriued from the rules of the light of nature Which thing bicause the pope most insolentlie tooke vpon him to doo he is therefore iustlie by all which doo aright feare God abhorred as Antichrist which in the Luciferian pride of his hart hath hereby climed into the throne of God and dooth arrogate to himselfe to loose the consciences of those whom God hath tied by his law and to bind that as by a diuine law which God himselfe hath set at libertie which c Bernard li. 3. de considerat ad Eugenium Bernard calleth a dissipation rather than a dispensatioÌ„ Which dispensations of his though some schoolemen and of our late more manerlie papists doo otherwise qualifie in words and partlie denie such matters which he hath dispensed with to be of the law of nature when as neuerthelesse no colour can be laied but that they are of the prohibitiue morall law of God yet his parasites the canonists who both knew his mind and his practise herein sufficientlie well and were neuer that I could read found fault with for their ouer broad speeches about this matter doo fullie declare what blasphemous authoritie he challenged They saie that the law d Abb. ca. fin Ext. de consuetud of nature vpon cause may be taken awaie e Abb. c. non est Ext. de voto that the pope vpon cause may dispense with the law of God f Lud. Goza cons 51. Ignorance of the Abstractor that the dispensing with the law of God is proper to the Bishop of Rome Yet the Abstractor sheweth here his great skill when he pretendeth that the canonists popes chapleins doo attribute vnto him authoritie to dispense in such matters by reason of Merum imperium a souereigne supreme power in him which indeed is nothing but Ius gladij the power ouer the life of men which the ordinances of France doo call Haute iustice There is another kind of Dispensation called of Iustice which is when vpon some especiall circumstances the reason and rigor of the generall law is by him which hath authoritie declared in some case to cease and the strictnesse of the words of the law therein not to bind or to haue place and that for auoiding of iniurie and inconuenience And this is also an allaie of extremitie of law by an equitie which afore I spake of and which the magistrate in iustice cannot denie and is in that respect called A dispensation of iustice as it were an interpretation or declaration of the true meaning of the law
AN ABSTRACT OF CERTAINE ACTS OF PARLEment of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodals prouinciall established in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. 1. Nulli licere ⧠Neither let them feare to be called and suspected picke-thanks seeing their faithfulnesse and diligent trauell carrieth with it as well praise as honestie and godly Zeale hauing published the truth to the eares of all men and brought it to the open light PROVERB 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader Thou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet and peaceable estate both of the Church common wealth haue bene shrewdly troubled and brought in hazard The causes of which war and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appointed for the gouernance of the same Church hoping that by the authoritie of hir excellent maiestie and the counsaile of the honorable fathers and gouernours of hir highnes empire they may hereafter not onely be better executed but also if the case so require be reuisited For were the same lawes either better knowne vnto the whole Church either better executed by those vnto whome our gracious Soueraigne hath committed their Execution no doubt but very many and notable points of such controuersies as haue bene a long time amongst vs would be easily and speedily by the same lawes decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine owne simple iudgement onely according to the knowledge giuen vnto me I haue for my part faithfully laboured to cite the lawe for that ende and purpose wherevnto I take the same to haue bene first ordeined And therefore I am hartely to desire thee to accept of this my labour and trauaile vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighbours sakes and that peace and prosperitie might be within the wals and pallaces of Ierusalem Farewel and pray in thy spirit for the preferuation of the life of our gracious Queene ELIZABETH Pag. 1 AN ABSTRACT OF CERTAINE ACTES OF Parlement of her Maiesties Iniunctions Canons and Synodals Prouincial esta blished and in force for the peaceable gouernment of the Church within her Maiesties Domini ons heretofore for the most part vnknowne and vnpractised BY an act of Parliament made the 25. H. 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Pag. 2 Prouided also that such Canons constitutions ordinances and Synodals prouinciall being alreadye made which be not contrariant nor repugnant to the lawes statutes and customs of this Realme nor to the domage or hurt of the Kings prerogatiue royall shal now still be vsed and executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that all Canons constitutions ordinances synodals prouincial made before this act requiring and commanding a learned Ministerie prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiastical men and prohibiting one man to excommunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this Realme nor hurtful to the Kings prerogatiue are in force ought to be executed therfore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Pluralities forbidden c. Pag. 3 A LEARNED MINISTERIE A learned Ministerie commanded by the Lawe NIHIL EST. c. There is nothing that may Ex De elect Cap. Nihil est hurt more the Church of God then that men vnworthy are taken to the gouernment of soules VVe therefore willing to apply a medicine to this disease decree by an inuiolable constitution that when any shall be chosen to the gouernment of soules he to whome the confirmation of his election appertaineth diligently examine both the processe of the election and the person elected to the ende that if all things concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely he that is vnworthily promoted but also the vnworthy promoter himselfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawfull age when his negligence herein shall appeare we decree him to be punished thus not onely that he be quite depriued of power to confirme the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefice Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtfull to the Church of God to haue vnworthy men taken to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is not to be admitmitted to holy orders and Ecclefiasticall dignities 2 But a man of insufficient learning and of vnhonest conuersation cannot worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities Pag. 4 IF any iudge the meaning of this Chapter to be onely of superiour Prelats as Archbishops Bishops Abbots or such like elected by some common societie of Canons Monkes Friers or collegiat Priests because of these words Election and Confirmation properly applied to such and not to inferior ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redound to the Church in both cases if for both remedies were not before hand prouided And also to vnderstand that the name of Prelate is by law attributed likewise to euery Parson and Uicar hauing cure of soules Quia quilibet qui praeest â—â—ae animarum dicitur esse Praelatus Euery one that is preferred to the cure D. ex de eleric â—grotant â—â—sud giâ—s lynd Consti de sâ—cra iterâ—nd c. ignorantia vers praelatâ— of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these things together with the ende of the Chapiter where
thus Pag. 18 1 Whosoeuer taketh vpon him the office of a teacher amongst the people of God ought alwaies to attend to reading to exhortation and to dwel in the same Pag. 18 2 But the Minister taketh vppon him the office of teaching amongst the people of God 3 Therefore he ought to attend to reading to exhortation and to dwell in the same 1 He that taketh vpon him the office of a teacher amongest the people of God ought to bestow his labour in preaching and in doctrine 2 But a Minister hath taken vpon 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 PRIOR AVTEM c. Let the Prior in comparison of the Ex de statut Monacho c. cum ad Moenasterium § prior rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and worde of doctrine he may instruct his brethren in that which is good and draw them from euil 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 obedieÌ„t to the faith and correcteth or improoueth the disobedient must be mightie in word and deede 2 But euerie Minister ought to cherish and comfort the obedient to the faith and to correct improoue the disobedient 3 Therfore euery Minister ought to be mightie in word deed Pag. 19 ANd therefore sithence both in this and in the former constitution the lawe-maker abused the worde of the Lord and applieth it to haue people taught false religion I meane Popish religion for that was the intent of the decrees And seeeing the Chaplaine of the diuell applieth the truth to establish his diuellish doctrine and vnder colour of veritie were so carefull to feede the soules of them that beare his markes with errour superstition and false religion Popish religion Seing I saie the superstitious law maker was so carefull for his superstitious time Our chiefe Prelates who haue not yet abandoned the pollicie of this traiterous law-maker as perillous for the gouernement of the state of the Lordes houshold ouer whom they challenge the gouernement but with tooth naile maintaine this his pollicie to be a pollicie meete for the Lords seruaunts to be guided by what can they ansâ—ere in defence of their wilfull disloyaltie to the Lord in this behalfe The lawe which the enimie vnto the Lord did make in the time of Popery for maintenaunce of popish procurations popish dispensations popish ceremonies popish non residents popish excommunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same laws and the selfe-same ordinances to serue their owne turnes they turne to the maintenaunce of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demaunded I coniecture would be this namely that a law appointed by the aduersarie to abuses hauing good grounds may be applied to good vses and that it is not executed now any more as the popish law but as the law appertaining to her Highnesse crowne and regall dignitie being established by the high court of Parlement Pag. 20 Wherein touching the former they saide somewhat if the matter did consist inter pares and not the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as perfect a law for the gouernment of his houshold by discipline as by doctrine And yet by their leaues why then should not this law of the enimie last specified nay rather now their owne law hauing better grounds and better reasons for the validity thereof than the lawes mentioned before concerning their prelaties and dignities c. Why I say should not this be as auaileable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lies to dehort now from popery as it was then from the Gospell 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 pietie and holie 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 then to comfort and cherish the disobedient to infidelitie and Paganisme Touching the Acts of Parlament sithence they chalenge by them immunitie for the confirmation of their abuses it were requisite for them to giue the seruaunts of the Lorde leaue a little to chalenge as great a priuiledge by the same for the stabishment of the right vse of things through their default yet amisse and out of frame with vs. If the cause of the former in truth and veritie be as good as the cause of the latter in shew and semblance onely yea if it be far better for theirs in truth is starke naught the law authorize for the one indeed that that the same law in appearance onlie approueth for the other If for their fellow seruants sakes they will not be more fauorable vnto their Lord maisters cause yet were it expedient for theÌ„ to be intreated to be more fauorable to the iustice equitie of their owne laws than continually by placing vnable men in the ministery thereby as it were accusing the same of imperfection and insufficiencie Pag. 21 as though it tollerated anie such thing when as in truth it doth nothing lesse euermore speaking as followeth Pag. 22 VERVM QVI. A c. But because after Baptisme amongest Extra Cum de priuilegiis c. mtcr cuÌ„ctas § verum quia other things the propounding of the worde of God is most necessarie vnto saluation whereby the hearers hearing that which is our victorie be instructed in the faith be taught to flee things to be auoided and to followe things to be followed by which such as by sin are fallen do rise againe wee haue great care that such brethren be promoted which by sweete oile of the worde may comfort our subiectes may forbid them sinnes may nippe the wounds of their sins by reprehension and may prouoke and induce them to purge and wipe their offences with bitternes of repeÌ„tance 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 Priests keepe knowledge and they search the law at his mouth For otherwise he can not as his duetie is discerne betweene sinne and sinne c. All which decrees of
ministrare quos curare deberet ne diuer simode inficeret eosdom moribus exemplo It is perillous for the people vnder him to whome hee ought to minister the Sacraments and whome hee ought to heale that he diuersly infect them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant He cannot put away other mennes sinnes whome his owne sinnes deuoure And againe Periculosum est decentiae ecclesiae in scandalo populari It is daungerous for the Decencie of the church to be in anie publike slaunder or offence Againe Malus praelatus dicitur lupus rapiens praedam An euil prelate is saide to be a wolfe 83. distine nihil 2. q. 7. Quinec rauening his praie He is said to be Canis impudicus propter defectum regiminis A shamelesse dogge for want of gouernement Hee is saide to be Coruus propter peccatorum nigredinem As blacke as a Rauen for the foulenesse of his sinnes Hee is saide to be Sal 2. q. 7. Non omnis infatnatus ad nihilum proficiens Unsauorie salt profitable for nothing Hee is saide to be Porcus A Swine Hee is saide to be 4 c. Dist in mandaris Glos lind de offic Archis pres c. fin v. canss Capo A Capon because as a Capon can not crowe no more can a dumbe Prelate preach And to conclude Praelatus qui in doctrina mutus est non est verè Praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as hee exerciseth not the office of a Prelate Pag. 29 These Canons and Constitutions not contrariant or repugnant to the Lawes Statutes or Customes of this realme neither derogatorie to her Highnesse Crowne and dignitie and therefore authorized by Act of Palament ought to haue beene better knowen and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue bene But yet besides these former decrees lawes and ordinances and the seuerall reasons principles and maximes wherevpon they were first grounded there remaineth somewhat more behind diligently to be considered the which thing the more earnestly euery man shall rightly weigh the more may he be astonished A thing done in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very haire of the heads of the standers by stare not for feare least the Lord in his righteous iudgement should execute his terrible vēgeance vpon them Thus standeth the case some pastoral church or churches being destitute of a Pastor or Pastors to feede the people a solemne assembly and conuocation of the chiefest of the gouernours of the Church must be gathered together and that not in an angle of a poore country village but in the chiefest citie of the Diocesse and that not on a workeday but either on the Lords day or on some other of their owne festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lord an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meete and acceptable for his maiestie euen men meete to serue him in his spirituall warres and to be Pastors to feede his people with spiritual foode of his holy word men meete to take vpon them the most highest and most noblest callings that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy Gospell Pag. 30 This I say is the actien wherof deliberate consideration is to be had and whereof followeth a discourse and wherein when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter themselues bleare the eyes of others and which is most execrable as it were mocke and delude the Lord to his face Well then let vs consider what is done herein In the time of that vertuous King Coward the firt an order and forme was appointed by act of Parliament for consecrating Archbishops and Bishops and for the making of Priestes Deacons and ministers Which statute is reuiued and the same order and forme approued in the right yeare of his most excellent raigne The words of the statute are these And that such order and forme for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons Ministers as was set forth in the time of the sayd late King and authorized by Parliament in the fifth and fifth yeare of the sayd late King shall stande and be in full force and effect and shall from henceforth be vsed and obserued in all places within this Realme and other the Dutines maiesties dominions and countries The title of the booke is this Pag. 31 The forme and manner of making and consecrating Bishops Priests and Deacons And first to intreat of Deacons according to Ordering of Deacons the forme of the booke you shall vnderstande that in the order and forme of making Deacons three things principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstances in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without crime Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy Scriptures Fourthly he must be a man meete to exercise his ministerie duely Fiftly he must beleeue all the Canonicall Scriptures Sixtly he must be diligent in his calling Seuenthly he must be inwardly moued to that office by the holy Ghost And as touching the circumstances First he must be called Secondly tried Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his Deputie Fiftly he must be made on a Sunday or holy day Sixtly he must be made openly in the face of the Church where must be an exhortation made declaring the duetie and office as well of the Deacons towards the people as of the people towards the Deacons Lastly touching the office committed vnto him it is First to assist the minister in diuine seruice Secondly to reade holy Scriptures and Homelies in the congregation Thirdly to instruct the youth in the Catechisme Fourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient aimes Pag. 32 The forme of ordering Priestes COncerning the making of Ministers not onely all those thinges before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaunds and answers following must be made and giuen Bishop Doe
openly thorough euery Pag 3. 51. house witnessing both to the Iewes and Greekes the repentance that is towards God and the faith which is toward our Lord Iesus And now behold I goe bound in the spirite vnto Ierusalem not knowing the things that shall come to me there but that the holy Ghost witnesseth in euery citie saying that bonds and trouble abide me but none of these things moue me neither is my life deare vnto my selfe that I might fulfill my course with ioy and the ministration of the word which I haue receiued of the Lord Iesus to testifie the Gospell of the Grace of God And now behold I am sure that henceforth you all thorough whome I haue gone preaching the kingdome of God shall see my face no more Wherefore I take you to record this day that I am pure from the bloud of all men For I haue spared no labour but haue shewed you all the counsell of God Take heede therefore to your selues and to all the flocke among whome the holy Ghost hath made you ouerseers to rule the congregation of God which he hath purchased with his blond c. Or else the third chapiter of the first Epistle to Timothie THis is a true saying If any man desire the office of a Bishop he desireth an honest worke A Bishop therefore must be blameles the husband of one wife diligent sober discreete a keeper of hospitalitie apt to teach not giuen to ouermuch wine no fighter not greedy of filthy lucre but curteous gentle abhorring fighting abhorring couetousnesse Pag. 5â— one that ruleth well his owne house one that hath children in subiection with all reuerence For if a man cannot rule his owne house how shall he care for the Congregation of God He may not be a young scholler least he swell and fall into the iudgement of the euill speaker He must also haue a good report of them which are without least he fall into rebuke and snare of the euill speaker After this shall be read for the Gospell a peece of the last chapter of Matthewe THen Iesus came and spake vnto them saying All power is giuen vnto me in heauen and in earth Goe ye therefore and teach all nations Baptizing them in the name of the Father and of the Sonne and of the holy Ghost teaching them to obserue all all things whatsoeuer I haue commaunded you And loe I am with you alway euen vnto the end of the world The praier vsed by the Bishop in the ordering of Ministers Pag. 56 ALmightie God giuer of all good things which by the holie spirite hast appointed diuers orders of Ministers in the Church Fol. 11. pag â— mercifully beholde these thy seruauntes nowe called to the office of Priesthoode and replenished them so with the trueth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorie of thy name and profite of the congregation through the merits of our sauiour Iesu Christ who liueth and raigneth with thee and the holie ghost world without end Amen These praiers and places of Scripture appointed by the whole consent of the realme to be made and read at the time of making Deacons and Ministers most strongly prooue that their intent and purpose was to haue such men placed in the office of Deacons and Ministers as whom the holy Scriptures hath commaunded should be placed and as they praie might be placed But suppose that they being not so faithfull to the Lorde as were expedient for them account not the Lordes waies to be the best waies his councels not to be the wisest counsels to interprete the meaning of the statute because they are such waies as wherein the Lordes seruants applie them selues precisely to walke and therefore ignominiously are termed Precisians Suppose this I saie yea and suppose that they haue preferred their owne inuentions and set the consultations of the grauest Senatours and wisest Counsellours and chiefest Rulers of the land behinde their backes yet if reason might haue ruled them and their will might haue beene no lawe there was and is an other manner of calling of triall of examination other qualities an other face of the Church an other Latine tongue by other positiue lawes required which as partly by sequel of their proceedings and partly by their owne records appeareth was neuer or very seldome vsed by any of them The manner of calling ought to haue beene thus QVANDO EPISCOPVS c. When the Bishoppe The 〈◊〉 of calling is disposed to make an ordination all they which wil come to the holy ministerie the fourth daie before the ordination are to be called to the Citie togither wivh the Elders which ought to present them And this kinde of calling is a solemne publishing the Bishops purposes either by some processe openly fixed vpon the doores of the Cathedrall Church or proclaimed Voce Praeconis by the voice of an Apparatour to make the Bishops intent knowneâ— Pag. 54 that happily such a day he wil make Deacons or Ministers and therefore citeth such to be present as wil offer themselues meete men for that seruice Which manner of calling is briefly also commaunded by order and forme of the booke of ordaining Ministers First when the day appointed â—ol 2 p. 2. 27. Article by the Bishop is come c. And in the Articles of religion the selfe same is expressed It is not lawfull for any man to take vpon him the office of publike preaching or ministring the Sacraments In the title Articles for certaine orders in ecclesiasticall pollicie The manner of triall in the congregation before he be lawfully called and sent to execute the same In the Aduertisements likewise you haue these wordes First against the day of giuing orders appointed the Bishop shall giue open monitions to all men to except against such as they know not to be worthie either for life or conuersation The manner of triall followeth and ought to be after this sort Pag. 55 ET TVNC EPISCOPVS c. And then the Bishoppe ought to choose him Ministers and other men skilfull of the law of God exercised in Ecclesiasticall functions who first of all ought diligently to enquire out the life of them that are to be ordained their kinred their Countrie their age their bringing vp the place where they were borne whether they be learned whether instructed in the law of God whether they firmely holde the Catholike faith and in plaine words can vtter the same and they to whom this charge is committed ought to take heede that they doe not for fauour or for desire of reward decline from the truth to present anie to the handes of the Bishop either vnworthily or not meete to take holie orders And therefore let them continually three daies togither be examined and so on the sabboth in the which they are approoued let them be presented vnto the Bishop Out of the constitutions of
presence of manie standers by you make ordination both of Elders and Leuites And againe the other Priests let them be ordained of their owne Bishoppe so that the Citizens and other Priests giue their assent and so likewise must the Deacons be ordained And againe let not a Bishoppe ordaine any Clearkes 24. Distinct c. Episcopus without the aduise of his Cleargie and so too that he seeke the allowance and good liking of the Citizens And againe let the requests of the Citizens the testimonie of the people the iudgement of the honourable the election of Clearkes be had in the ordination of Clearks And note that these texts and many other mo doe all affirme that elections and ordinations must be made by Citizens and Priests or Clearkes in the plurall number and not by one Citizen or one Priest in the singular number Neither are these decrees to be vnderstoode of the chiefe Priest of euerie Diocesse alone but are verified of euerie Priest throughout the the Countrie as appeareth by the Canon following Sed nec ille Distinct 64. c. Si forte deinceps sacerdos erit quem nec clerus nec populus propriae ciuitatis eligit But he shall be no Priest hencefoorth whom neither Cleargie nor people of his owne Citie hath elected Wherevnto also the Ciuile law accordeth Si verò c. But if holie rules shall prohibite such Authen de sanct Epis § clericos colla nona as be chosen by them as men vnworthie then let the most holie Bishoppe procure to ordaine whomesoeuer he shall thinke best A Bishoppe alone may then ordaine saith this lawe when the people and Cleargie haue chosen vnworthie men it saith not that he may alwaies ordaine alone without contradiction or that the people and Cleargie haue no interest in the action But this lawe onelie prouideth in this case a remedie to supplie the negligence of those vnto whome the election appertaineth if they shall do otherwise therein than becommeth them And to make this matter wherof we intreate more plaine and euident euen by the statutes and ordinances of the realme the choice and ordination of a Minister is not apropried to the Bishoppe alone Pag. 59 First by the statute 25. H. 8. these laws Canons and decrees before specified being then in force in as much as they be neither contrariant nor repugnant to the laws and customes of the realme nor derogatorie to the Queenes prerogatiue royall are confirmed ratified and in force nowe Yea because they are agreeable to the lawes and customes of the realme and maintane her prerogatiue royall as afterwards shall be declared they ought now to be executed Secondly by a Statute made 21. of H. the 8. chap. 13. It is enacted that a Bishop may haue six Chaplains because six Ministers at the least ought to be present when the Bishop giueth orders Thirdly in the Booke of making Priests c. are these words there shall be an exhortation vnto the people declaring how the people ought to esteeme them meaning the Ministers in their vocation And these words the Bishoppe shall say vnto the people Brethren if there be anie c. And these words the Bishop commending such to the praiers of the congregation with the Cleargie and people present shall say c. Then shall the Bishop examine euerie one of them that are to be ordered in the presence of the people By which words and braunches of the Booke 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 reap by exhortation of the preacher vnto loue and obedience vnto their Minister when their Minister shall be made at London Her Highnesse the nobilitie and fathers of the land were of more wisdome and vnderstanding I am sure than to imagin that a people dwelling at Carlile could be taught or instructed by a Sermon made at Excester And by the former decrees wherein mention is made of people and Citizens the same people and Citizens if we wil know what Citizens be properly are not taken for the Quiristers the Singers the Organ-plaiers the Canons the Archdeacon of the Cathedrall Church for all these by the Canon law beare the names of Clearks neither are the Bishops seruants taken in these Canons for Citizens Pag. 60 because Citizens by these rules must giue their consents and as hauing a principall interest in the action must not only be eie-witnesses and eare-witnesses to the Bishops vpright dealing but also must be agents and cohelpers themselues But serui and domestici in re non domestica Seruants and folke domesticall in a thing not domestical are not allowed fit witnesses neither haue seruants as seruants any interest And therfore Citizens in these former Canons are Citizens Et re nomine Citizens in deed and in name And as I prooued before out of the statute of the land that as the people of the place destitute of a Pastour must be present and giue their consent at the choice of their Minister so is the same also stablished by Canon law and confirmed by Act of Parlement For this word Consensus siue collaudatio Consentor approbation described to be multorum voluntas ad quos res pertinet simul Glos in c. â— de rebâ—eccle non alienand ver tractatus lib. 6. iniuncta the wil of many vnto whom the matter appertaineth iointly lincked togither prooueth that not onlie Citizens indeed but also that Citizens of the place where the partie should afterwards serus as a Minister ought to giue their consent and allowance to the making him a Minister because the matter of hauing a Minister appertaineth properly vnto none other but chiefly and altogither concerneth them And therefore the law willeth Vt quod omnes tangit ab omnibus approbetur That that be allowed of all which toucheth all Whereat our Bishoppes themselues in their English Canons of discipline haue aimed and wherevnto in wordes they haue agreed The Bishop shall lay his handes on none say they nor at Bishops Canons fol. 5. anie other time but when it shall chaunce some place of ministration to be void in the Diocesse Pag. 61 And therefore I conclude since none must be made a Minister but when it shall chance that some place of ministration be voide and since the consent and allowance of the people whom 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 voide haue in the choice and appointment of their Minister a speciall interest and prerogatiue Neither ought those ridiculous Canons of that foolish Pope Adrian the prowd Nullus Laicorum principum c. Let none 63. Dist cap. nullus c. non est of the lay Princes or Potentates ioine him selfe to the election or promotion of a Patriarke Metropolitane or any Bishoppe 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 contrarie to the ordidinance of almightie God And the Apostles saith the holie Scripture Act. 6. calling the multitude of the disciples togither said vnto them choose therefore brethren out from among you seauen men of good reporte c. whom we may appoint to this businesse and this speech pleased the whole multitude then present and they choose seauen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuffe by an Angel comming from heauen much lesse by a Pope comming from the bottomlesse pit for my part I hold him accursed and so vtterly vnworthy the name of a Disciple Secondly the said Canons of Adrian plainely and in flat termes are derogatorie to her Maiesties prerogatiue royall and therefore by the statute of 25. Henrie the eight vtterly abolished Thirdly they are against the customes and statutes of the realme For by all the customes of the realme where any Maior Bayliffe Sheriffe or head officer of anie Borough towne or anie incorporation is to be elected or where any Knight of the shire any Burgesse any Constable any Crowner any Vergerer within any forâ—est and such like are chosen the same officers are alwaies chosen by the greatest part of such mens voices as haue interest in the action Pag. 62 And as touching the statutes of the realme it is likewise euident that they confirming the booke of King Edward the sixth and the Canons not preiudiciall to her Highnesse prerogatiue royall giue vnto the Prince nobilitie gentrie and other faithfull of the land an interest in choice and allowance of their pastours And who can be so void of reason or vnderstanding as to imagine that men renued with the spirit of wisedome in the gospell of Christ should be careful and diligent in the choice of discreet and wise men to be dealers for them in matters pertaining to this transitorie life and yet should be remisse and negligent what guides they approue of to conduct them in the waies of eternall life Or that they should be lesse prouident ouer their spirits and soules than ouer their bobodies and goodes Euery man whether he be in the ministerie or out of the ministerie contrarie to the blind popish distinction of Laitie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choice of his pastour shall haue a spirit giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therfore so greatly feared by Popish idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away faith and a good conscience But we haue boldnes with confidence to approch vnto our God who is able and will assuredly stay the rage of the people and finish our actions with a quiet and peaceable issue And thus much of the face of the church of the choice and consent of the people and Cleargie to be had in the ordering of Ministers Touching the Latine tongue required to be in euery Minister as the lawes haue alwaies had respect to a competent and sufcient knowledge therein so the Act of Parlement made the 13. Elizab chap. 12. hath fully and at large expounded the same and limited the knowledge thereof in these words Pag. 63 None shall be made a Minister vnlesse he be able to aunswere and render to the Ordinarie an account of his faith in Latine according to the said Articles And if any shall be ordained contrary to any prouision of that Act then is he no Minister at all And thus as briefly as I could I haue examined these words mentioned in the booke videlicet calling tried examined knowne qualities the face of the Church and the Latine tongue what meaning and signification by lawes in force the same wordes haue And also what order and forme our Bishops ought by Law positiue to haue vsed in making Deacons and Ministers and what credite and fidelitie her Highnesse and the whole bodie of our Church and common weale haue reposed in them for an orderly vpright and sincere disposition of these things Vnto which trust howe aunswerable their seruice and gouernement hath beene I doubt not but vppon their examinations they will approoue the same to haue beene faithfull iust and equall But by waie of supposition if any shall denie their fidelities to haue beene such as is pretended what remedie then or what is to be done then Heerevnto I aunswere since the perill happening vnto others through their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses would be executed in time to come the punishment of one is a terrour to many and by feare of punishment a man is made good The summe and effect of which Lawe confirmed by Act of Parlement is this videlicet Tam indignè promouens quà m indignè promotus est deijciendus As well the man vnworthily promoting as the man vnworthily promoted is to be deposed Proofs and examples whereof are these In the chapter NIHIL EST EX DE PRAEBEND Order was taken as you haue seene before that not onelie men vnworthie should not be admitted to regiment of soules but it is also in that place prouided in case any thing shall be otherwise vnaduisedly attempted Pag. 64 that then not only the man vnworthily promoted but also the vnworthie promotour should be punished And againe it is Ex de aetate qualit c. penult decreed thus If they shall hencefoorth presume to ordaine any that are vnskilfull and ignorant which may easily be espied we decree that both the ordainours and the ordained be subiect to grieuous So. dist c ex penitentibus 51 dist c. aliquantos 1. q. 1. c. Si qui episc punishment Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordaineth an vnworthie man is either to be deposed or depriued from power to ordaine Againe Si qui Episcopi c. If anie Bishoppe haue consecrated anie such Priest as ought not to be consecrated although in some sorte they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that Sacrament which they vnworthâ—ly haue administred Upon which decree and the word Ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the truth euermore is this videlicet that whosoeuer promoteth an vnworthie man deserueth to be deposed Quia culpareus c. Because hee is culpable committing an order Glos in const Otho de scrâ—â— in ord faciâ—n c. 1. ver ab charge or office to such an vnworthie person And because hee is vnfaithfull communicating his ministerie vnto an vnworthie man to the hurt
offence but for negligence also Wherevnto also the lawes of the Empire agree Pag. 58 QVI NON SERVIT c. He that doth no seruice to the Church or faineth him selfe to be a Clearke when in deede he is none he ought not to enioie the priuiledge of Clearkes but an other is to be surrogated in his roome And againe Ne argentariorum 47. pag. 2 vel numulariorum munera c. We commaund that the charge of Bankers and such as lend and exchaunge monie for gaine be not left off by those which onelie hastely desire to be collegiate men or Deanes If anie therefore vnder the bare couering of a name or title terme him selfe a Collegiat man or one of a brotherhoode let him knowe that an other is to be deputed in his roome who may be approued sufficient to execute the same office The reasons and principall grounds of which Lawes and Canons are these Sola possessio non sufficit in beneficijs Ecclesiasticis nisi adsit Extrauag de institu cap. ex frequentibus ff de decurio â— Hereminus canonica institutio A sole possession is not sufficient in Ecclesiastical benefices vnlesse there concurre also a Canonicall institution Sola possessio non facit aliquem decurionem sed iusta electio A sole possession maketh not one a Senatour or Captaine but a lawfull electiction Et praescriptio non prodest cùm habent malam fidem A prescription Extrauag de praescript c. 51. diligenti â— cum omne doth not profit in case it be grounded vpon an euill conscience and therefore sithence men so ordained be malae fidei possessores vniust possessours fraus dâ—lus eorum sibi patrocinari non debet Their deceit and collusion ought not to support them Neque debet quis locupletari alterius iactura Neither ought any man to be enriched with the losse and hinderaunce of an other For these considerations the law I say hath prouided that both the promotor and the promoted Agentes consentientes pari poena puniantur As wel the Abettours as the deed dooers are to sustaine equall punishment And once againe as touching the displacing of idoll sheepherds and remoouing of vnpreaching hirelings besides these former lawes there are many mo notable conclusions to be drawne from the Ciuill lawes for ff de muneribus honor l. vt gradatim § reprobarâ— authen de col iubemê° colla 9 the proofe thereof Reprobari posse medicum à republica quamuis semel probatus sit Diuus magnus Antonius cum patre rescripsit That a Physition once prooued and admitted by publike consent to practise of Physike may be remooued againe from that function in case afterwards he be found rechlesse the holy and great Antonie and his father before him haue aunswered and that Propter hominum sanitatem ff Iob. iudic tuendam for the preseruation of mens health Pag. 69 The Emperour Iustinian commaundeth thus SI QVOS IV DICES Cod. de offic praefec orient l. 3. c. If thine excellencie shall finde anie Iudges either for their long and tedious infirmities or for their negligence or for anie other like defect to be vnprofitable thou maist remooue them from their administrations and place other in their steade Si carceri praepositus saith the same Emperour praetio corruptus If a Cod de cust exhibi ceu le carceri keeper of a common Goale corrupted with money suffer a prisoner to go without fetters or to bring anie weapon or poison into the prison he is to be punished by the office of the Iudge but if hee shall vnwittingly suffer these thinges hee is for his negligence to be displaced Againe the same Emperour saith Grammaticos Cod de profess medi l. 2. lib. 10. seu oratores c. If Grammarians or Oratours once appointed by common consent to teach Grammar or Oratorie approoue not themselues profitable to the students of Grammar and Oratorie for them to be againe reprooued is not a thing vnaccustomed For saith the same Emperour Reddatur c. Let euerie Cod. de profess med l. reddatur one be admitted home to his Countrie which is knowen vnorderly and insolently to vse the exercise of Philosophie In belle c. A Souldiour who in time of warre doth anie thing forbidden by his Captaine or doth not keepe his Generalles commaundement is to be punished by death though his enterprise take good successe And shall then a pretensed Minister that forsaketh his standing and onely weareth the ensigne of the proclaimed enimie to his Lord and Maister maugre the Law of his Lord and Maister and maugre Extrauag de renunc c sina l. 2. § ignominiae ss de hâ—â—s qui nol â—f the law of man enioy life and lands and liuings and all Panormitane a famous Canonist concludeth that a Doctour allowed may be disallowed againe yea rather saith Bartoll a more famous Ciuilian he may be degraded as a Souldiour and as Clearke For those things saith he which I haue spoken in the degrading of souldiors the same is to be verified touching the degrading of Doctours and Clearkes And this is a common and infallible conclusion by all the learned in the law that Doctours which by their Pag. 70 readings or lectures or not approoue them selues beneficiall and â—id cap. de gradâ—â—â—o de â—â—niâ— lib. 6. Vid. faeli de rescript ex litâ—ris profitable vnto students and schollers of their profession may and ought well and rightly be remooued from their office of reading and teaching Yea moreouer whatsoeuer he be that taketh vpon him the office of a Doctour wearing the armes and ensignes of Doctours when as indeede he is no Doctour Tenetur poena falsi ff de fâ—l l. eos iâ—â—i vâ—d â—â—rt 〈◊〉 〈◊〉 Cod. de poss 〈◊〉 lib. â—0 is to be punished by paine appointed for forgerie In like case by like reason if an idoll Minister take vpon him by stealth and lying the office of a true Pastour and carrie the name and title of a true Pastour being indeed but an hireling and prophane Gentile why should not he be punished with paine appointed for theeuerie In Panor in c. auris extrauag de â—tate at quaâ— the Court of Conscience a Doctour giuing aduice but through ignoraunce or want of experience not following in his counsell the rules and precepts of Lawe is bounde by equitie vnto his Client for that through his vnskilfulnesse he is damnified A Physition in the same Court who without perill of soule or daunger to incurre irregularitie would safely cure his patient must be learned he must practise according to the actions of Physicke he must be diligent in the exercise of his facultie he must not minister after any vnked manner but onely according to the vsuall and ordinarie opinion of the learned in Physicke he must be circumspect and not sluggish to search out the disease he must be prudent and carefull VVhen he
Euangelicall denunciation if thou seeke to haue thy brother cast forth of the Congregation First it is to required that thy brother haue offended thee Secondly that thou priuately admonish him and brotherly wish him to amend Thirdly if he continue obstinate thou must tell it him before two or three witnesses and if he heare not them then thou must tell it to the Church Pag. 78 before whome if thou desire I say that thy brother by them should be cast forth of the Church thou must first proue an offence committed against thee by him Secondly and thirdly that you did both priuately by himselfe and publikely before witnesse admonish him otherwise you cannot haue him excommunicated because Forma quotiescunâ— non est seruata actus est ipso â—â—re nullus Howe often soeuer the forme of an act is not kept the act by meere law is no act at all because sayth the Canon a solemne and diligent intreatie required in such perpetuall graunts and alienations of Church goods hath not bene obserued therein we by the aduise of our brethren decree the same graunt to be voyd By ciuill law Church goods can no otherwise be pawned or layd Cod. De Sacrosaâ—â—◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 praedium to gage then as the law formally prescribeth because a due solemnitie ought to be obserued In fines and recoueries leâ—yed by the common lawes of this Realme Aâ—torneyes on both sides must be warranted there must be vouchers and vouchâ—es theâ—â— must be writs and returnes of writs there must be proclamations there must be warrantes and many other circumstances which being not obserued the parties in reuersion or remainder being grieued may bring their writs of error and recouer the land passed by erronious fines or recoueries Pag. 79 In the first yeare of Henry the seuenth Chapiter 15. a statute was made that the partie plaintiffe shall finde pledges to pursue his plaint as are knowne there in that country In the case of this statute if the Sheriff take one suertie alone or men of another country as pledges the bond is voyd because by the common lawes of the Realme as well forme as matter is necessary If in the sale of any pupilles goods or alienation of the Emperours patrimonie the forme and manner appoynted by law be not exactly and diligently kept the sale and alienation is in effect no sale and no alienation The reasons of which lawes and ordinances as I sayd before are these Forma dat esse rei eius omissio inducit nullitatem actus The forme giueth being Panor in c. nul li. nu 7. de rebuâ— eccle non aliâ— fol. 59. Specula in tit de aduo◠§ and essence to a thing and the omission thereof induceth a nullitie of the act Si deficit forma in priuilegio res caret priuilegio If a priuiledge want the forme of a priuiledge the thing laketh priuiledge And againe Solemnitates quae requiruntur in aliquo actu si non seruentur actus corruit Solemnities required to be in any act if they be not obserued 5. vers cum ante Panor in c. fin vt lit non coÌ„test nu 20. Panor in c. publicat de elec 〈◊〉 â— Panor in c. super quaestionuÌ„ § veruâ—â—m de off deleg id in c. prudeÌ„tiam nu â— cod the act faileth And againe Forma non seruata in vna parte actus violat totum actum The forme not kept in one part of the act violateth the whole act Quia verum est di cit excessisse istum fines mandati Because it is true sayth he that this man hath passed the bounds of his commaundement And therefore in an other place Panormitane concludeth thus Forma certa procedendi vbi datur processus corruit non solùm quando est attentatum contra formam sed etiam citra vel praeter formam quia vbi forma certa datur paria sunt aliquid facere contra praeter vel citra formam Where a certaine forme of processe is limited the processe faileth not onely when any thing is attempted against the forme but also either without or besides the forme the obseruation of which solemnities and forme of an act are of such force and necessitie by lawe that neither custome or yet a consent of parties can alter or change the lawe herein Solemnitatis omissio ex sola consuetudine inducta violat actum The omission of a solemnitie brought in onely by custome Panor in Greg. nu 14. sol 17. marreth the acte Ea quae inducunt certam solemnitatem in actibus hominum non possunt consensu partium tolli quia pacta priuatorum iuri publico non derogant And those things which induce a certaine solemnitie 〈…〉 in mens doings cannot be abolished by consent of parties because priuate mens compacts cannot be derogatory to common right Insomuch that in this case Forma debet seruari ad vnguem specificè Pag. 80 non per aequipollens A forme ought to be kept at an inche and specially and not by any thing equiualent though in many other cases this rule taketh place Nihil interest quid ex aequipollentibus fiat It is no whit materiall whether of the things that be equiualent be done Moreouer Forma data à lege vel statutâ— debet seruari à â—â—stico muliere 〈◊〉 A forme giuen by lawe or statute ought to be kept by an husbandman by a woman and by one vnder age though in many other things these three haue their seuerall priuiledges And to make this more plaine and the certaintie thereof to be infallible you shall vnderstand that the law hath bene executed according to these rules euen in this selfe some case of making Deacons and Ministers And first touching their tryall and examination Si quis Presbiter aut Diaconus Glos c. quando distinct 24. ver in vest gent. sine aliqua examinatione ordinati sunt abijciantur ex Clâ—ro Eâ— si non fuerit in aetate literatura honestate examinatus deponendus est If any be made an Elder or Deacon without examination let him be cast out from the Cleargie And if he shall not be examined touching his age his learning and his honestie he is to be deposed Secondly touching the time If a Minister or Deacon haue bene made at any other time then at the time appointed by law it hath bene decreed against them as followeth Pag. 81 EPISCOPVM c. A Bishop that celebrateth orders in a day Extrauag de tempo ordinand c. cum quidam wherein he ought not doe thou correct with Canonicall discipline and vntill they haue receiued grace from vs to be restored so long oughtest thou to make them to be voyd of orders receiued And againe Sanè super eo c. Truly concerning that the maner is as thou sayest in certaine Churches of Scotland and Wales to promote Clearks vnto holy orders in the dayes of the dedication of Churches and altars out of the foure
establishing by act of parlement 25. H. 8. of Canons constitutions ordinances and synodals prouinciall to the intent and in hope to beat vs with our owne weapons and not for any loue or liking he beareth vnto them which he sufficiently bewrayeth in sundrye * Pag. 238. partes of his booke and is sory I dare saye that so much of them is in force And although it cannot be denied but that many of them were published by latter Popes after that See was become the chaire of pestilence a cage of vncleane birds Et postquam ciuitas fidelis facta fuit meretrix yet such amongst them as fight not with the euerlasting worde of GOD or the lawes and customes of this land beeing set downe no doubt by aduise of the best learned lawyers in those times though vnder Antichrists authority and beeing now indenized and made English by the whole church and common-weale in parlement are no more in that regarde to be abandoned than wheate because it was inuented by the heathen goddesse Ceres many good ciuill lawes of the Romanes set out by Paynims and cruell persecutors of Gods saints for no one author of the Pandects is thought to haue beene christian but Gaius or than pretious Stones and gold of Ophir in Salomons time because as some * Goropius thinke they were fet from among the Cannibals eaters of mans flesh and other partes nowe called the West Indies beeing both then and now grosse idolaters And howsoeuer many of the said Canons c doo carrye with them the drosse and superstition of those times beeing promulged for the vpholding of Poperye yet for many points I beleeue all the best heads now in the worlde beeing layd togither and taking no light from thence were not in many yeares able for sinceritie and equitie to set downe the like ordinances in those causes And no maruell seeing they were both vpon mature deliberation of the best lawyers deliuered and were so long in gathering together vpon seuerall occasions from time to time falling out which for the varietie of them no one mans life is possible to haue experience of and therefore â—â—ns wit not able to forecast or prouide for But I muse how this could so escape the criticall and Lynceus eyes of such an Aristarchus as that he which rappeth out so many syllogismes in Barbara and Darij throughout his whole booke should be so ignorant for I will not say it was of malice as in that argument which he maketh the ground-worke to set his whole frame vpon to deliuer vs a Fallax 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by curtaling off in Assumpto a A childish fallacie in his principall reason peece of his Dedium and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make Quatuor terminos in his principall syllogisme For although it be confessed on all partes Such canons constitutions c as be not contrariant nor repugnant to the lawes statutes and customes of this Realme nor to the damage or hurte of the Queenes prerogatiue roiall as they were vsed and executed before the making of that act shall nowe still bee vsed and executed yet if hee would haue assumed in his Minor proposition as by the rules of reason and reasoning hee ought to haue doone that those points which he toucheth in his booke were Not repugnant to the customes of this realme but were in vse and execution before the making of that act All which hee cunningly left out then because wee learne by law Quòd facta non praesumuntur matters in fact are not intended to be doone till they be prooued so we would haue put him to his proofe heerein as wee must doo still and in the meane time say that he hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned So that till he can make it appeare that The canons specified in any parte of his treatise are not contrariant or repuguant to the customes of this realme but were vsed and executed before the making of that act hee can not inforce the vse of them now beeing by the act limited to bee vsed and executed no otherwise but as they were before the making of it Which answer might serue without anye more adoo vnto his whole discourse which therfore hangeth no otherwise togither than Scopae dissolute or than a rope of sand Yet wee will not deale so sparingly and peremptorily with the man but will shewe vnto him diuers canons constitutions and synodals prouinciall neither Contrarie nor repugnant to the lawes nor to the damage or hurt of hir Maiesties prerogatiue royall which hauing not by the customes of this realme beene vsed and executed he himselfe being better aduised will not say to be in force of law or now necessarie to be put in vâ—e or practise And although the generall worde of Constitutions put downe in the act may seeme to extend vnto constitutions made by christian emperours for ecclesiasticall persons and matters as the author seemeth to thinke whereof sundry to this purpose might bee brought Pag. 16 yet because it is put after Canons whereof sauing some canons for matter of faith agreed on before by certaine generall counsels there were but fewe set out at that time I doo coniecture uone other constitutions to be ment thereby but such Prouinciall as were gathered together by Lindewood or Nationall as were framed by Ottho and Octobonus and therefore I will not wearie the reader with such superfluous allegations First therefore to begin with the canons collected by Gratian it wyll easilye appeare that there be very many such which are neither repugnant to any lawes that I doo know or haue heard reported for lawes within this land nor hurtfull any way to hir Maiesties royall prerogatiue which yet are by generall custome thereof so long disused that no man can iustlye say they are in force still amongst vs which for breuitie sake I will set downe in as shorte a summarye as I can finde them gathered a De confir dist 5. c. cont That rules of Physike are to be holden as contrary to a diuine state which in some case forbid fasting b Ibid. c. vt ieium c. vt episc That none are to confirme or to bee confirmed but fasting c c. in Synodo dist 4. de Baptismo That baptisme must bee conferred with three dippings into the water d c. peruenâ— dist 3. de feriis That a man may not fast on the Thursday e c. quoniam ibidem That on the Lords day or in the feast of Whitsontide in prayeng wee ought not to kneele f c. ecclesiam 1. dist 1. de feriis That a church may not bee consecrated to holy assemblies wherein a pagan or heathen hath beene buryed g Dist 3. de paenit per totum That publike and solemne penance may not twise be inflicted h 32. q. 1. c. apud S. crimen That women may not sue their
ignorance is not to be deposed yet I cannot but signifie that his second fourth and sixt allegations are left without quotations his third is not alledged as it lieth in the text and his last being spoken Corrupt dealing in allegations onelie of a Bishops election is by him racked out to serue for euerie ministers ordination 5. Section Pag. 10 11. THis decretall Ne pro defectu brought in besides the principall matter as a corollarie deduced thereof though the reason and preamble of it which is Least the wolfe destroie the flock doo retch vnto all flockes yet in the bodie of it no mention is made of inferiour churches within any time after auoidance to be furnished but of cathedrall and regular churches to be within thrée moneths supplied againe and therefore will not serue his turne as he desireth to laie anie blame vpon Bishops nor vpon anie other in this realme except in the pride of his heart he ment to teach some whom in all humilitie and submission he ought rather to reuerence obeie what speed is to be vsed in furnishing cathedrall churches being void The Decretall Quoniam Ext. de iure patronatus * C. cum propter d. C. cum decâ—t d. which authoriseth the Bishop to collate if the controuersie of patronage be not within foure moneths where the patrone is a laie man after the voidance determined dooth giue an euident example of that which I said in the beginning that canons neither repugnant to the lawes nor hurtfull to the prerogatiue royall yet being disused before the making of the Act 25. H. 8. Cap. 19. and therefore repugnant to the customes of this realme are not by the said Act established to remaine in force For else whie should both patrones of the Clergie and of the Laitie of this realme contrarie to this canon haue sixe moneths to present in before lapse can accrew All these words Able to go in and out before the people to guide them to teach and to instruct them are the words of the author and not of the Decretall cunninglie by him wouen with the other by waie of paraphrase which I doo therefore obserue least the reader should doo the author that wrong as either to thinke the places he bringeth to be thus pregnant for his purpose or that the canon law had that elegant he braisme of Going in and out before the people And here vpon occasion of this déepe point of law deciphered that Benefices are not to be left destitute aboue sixe moneths the author leapeth into a fierce Philippike against Bishops for Suffering manie thousand flocks to want sheepheards by the space of almost xxvj yeares snatching vp by the waie that they who were Bishops in the time of darkenesse did more carefullie prouide for such as they imagined to be Séers than at this time is doone by our Bishops What sufficiencie was in priests in time of darkenesse and poperie the thing it selfe speaketh and the world can iudge But this man as it séemeth careth not whome he ouerloades with commendations so he may debase those whome he would wreake his téene of And to this end is that his speach where hauing said that The pretended gouernement and authoritie exercised ouer the Lords people in the time of darkenesse was by vsurpation he dooth afterward insinuate that There are some now which challenge the same authoritie A slanderous implication of the author whereas it is well and notoriouslie knowne no authoritie either ecclesiasticall or ciuill to be exercised in this realme vnder anie but God hir Maiestie according to hir Highnesse lawes which if this man account Vsurpation he must withall account all that which either he or any in this realme enioieth by the lawes thereof to be in like maner vsurped and all good men must account him in so saieng no well aduised nor dutifull subiect But bicause he saw that his gréeuous complaints against Bishops For suffering so manie thousand flocks xxvj yeares almost to want sheepheards would séeme vntrue euen to children séeing that Bishops and Archbishops doo seldome suffer anie benefices which they know deuolued to their collation by lapse of time to remaine void and in case anie doo escape them yet after the space of a yeare be runne or sooner where the Sées be void they are deuolued to hir Maiesties gift whence they doo not reuert till they be once by hir Highnesse bestowed Therefore to salue vp this sore or rather to couer it with a few figge leaues Suaue nobis excogitauit commentum Forsooth he saith that The flocks doo so long want a sheepheard as they want one able to gouerne them to exhort and admonish them to rebuke and to comfort them But how dooth it lie in the Bishops to haue all ministers cast in this mould Peraduenture he will saie they should not haue instituted anie but such Yet he is not ignorant how great so euer the endeuour of the Bishop be to this effect to hinder such a clerke presented as cannot hold this touch nor beare this finenesse of 24. caracts or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yet if he can hold weight in the beames of law he and other patrones will maugre the Bishop haue him placed vpon a writ at the common law If he replie that the Bishop should not then haue made him minister I reioine that peraduenture he was not of his making it may be also he was fit for the cure he was first appointed vnto though not so fit for some other populous congregation or troublesome people and lastlie that if none should be assumed to the ministerie but with those especiall endowments surelie all the learned of all professions in England if they were in the ministerie would scarse be able thus to supplie one tenth part of the parishes So that we are come by this meanes to the second issue by me tendered * In pag. 3. at the beginning of this discourse Whether it be expedient that parishes should wholie be destitute of publike assemblies for praiers and administration of sacraments rather than to haue a minister not correspondent to this patterne But that which he bringeth for the proofe of his paradox His allegation retorted against himselfe out of the law which he quoteth maketh directlie against himselfe for as he in law for safegard of his bond may truelie be said to haue built a house which hath brought it to that passe that it may be inhabited though he haue not perfected it so well inough may he be a minister that in some reasonable measure is endowed with gifts for that calling though he be not of the perfectest sort As for the other two rules of law which he bringeth without quotations as maisterlesse hounds I doo maruell he will deale so ridiculouslie and plaie so childishlie with these generalities for proofe of this cause so seriouslie by him auouched It might be answered and truelie that it is Fallax à petitione principij to take as granted
de aetate ibidem quoted ff de minoribus is by him wholie altered from that which the law it selfe setteth downe Proofe must be made saith the law of the age of him which alledgeth he is aboue xxv yeares old by examination of the cause bicause such proofe will preiudice and worke against the reuersall of acts of the said yoong man as executed in his nonage Which being wholie otherwise alledged by our author it maketh me ioining his like practises in other places of this booke togither to déeme that he hath not collected his allegations or examined them himselfe according to the law but hath taken the collections and rapsodies of some other man by retaile which maketh him bewraie so often his long eares out of the lions skin whereof he giueth euen in this section a larger taste where he alledgeth ff si à non competenti there being no such title in the Digests but in the Code and L. maritus ff de procuratoribus where no such law is to be found But although no man will denie but qualities requisite must then be found to be in a person when he is to be emploied yet this hindereth not but that in an office which is not tied to one circumstance of time but hath a continuance all honest meanes for the better and better furnishing of him with such qualities in that charge are and may be from time to time vsed without any impeachment to his credit as though he had béene at his first entrance into it not a sufficient man for that function But that which is here said concerning the nullitie of that which is done beyond the bounds of a compromisse or commission is no waie appliable to a trust committed for adiudgeing the qualities of the mind considerable onelie by his discretion and therefore cannot prooue if one be made minister by a Bishop not so fullie qualified as the law in all points requireth that thereby the whole actions are void and frustrate Shall we saie that an Ambassador hauing instruction to imploie a discréet faithfull and secret man about some seruice shall be guiltie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if the partie imploied séeming to him thus qualified shall be after found to faile in all or some of these and be insufficient And a Sheriffe being to returne by his writ a iurie De probis legalibus hominibus if after the verdict giuen vp it shall be prooued that they or some of them were not such at the time of the returne shall we therefore quash and reuerse Vide respons sect 39. all and saie there was no returne no impanell no triall no verdict nor iudgement And yet the Bishop hath no authoritie to ordeine ministers by commission but by operation of law And if this which he saith be true Where by disposition of law a certeine forme and prescript order is limitted that there if anie inuersion or preposteration be vsed all is cleane marred and therefore the whole actions are void and frustrate What are we then to iudge of those who are here in England baptized without the signe of the crosse those which are married without the ring and those who are punished for not comming to diuine seruice there where the forme of our Liturgie by law established is not exactlie obserued Which I set downe neither to impeach that baptisme or marriage howsoeuer to the intent of inheriting by the common law a doubt of such mariages hath béene made nor yet to excuse any wilfull recusants whome it is well knowne in any such regard not to absent themselues from praiers but to set downe the rash generalities and paradoxes which the Abstractor so confidentlie rusheth into euen with the ouerthrowe of those in whose fauour this treatise is made Notwithstanding manie of his clients though they aduenture to preach are as void of good learning as I could in particularitie shew as the most of these Dumbe silent and idoll ministers which he so déeplie lanceth Yet neuertheles that is not generallie true which he here auoucheth that an inuersion or preposteration vsed dooth make alwaies the act void For to this effect it is required that it be committed in some * Bald. in L. ambiguitates C. de testamentis Castr consil 39. alias 43. visis Actis matter of substance also that it be the inuersion of some substantiall order set downe by man For if it be the preposteration of an order set downe by * Bald. in L. 1. C. de appellat 3. nota law it is to be appealed from and therefore produceth not a direct nullitie Ipsoiure 9. Section Pag. 15 16. THis which the Abstractor here bringeth out of the Code that merit not monie in making of a minister is to be regarded as it is too generall to prooue by the word of merit such a worthinesse as he inforceth so being as appeareth by the whole constitution spoken of a Bishop onelie and not of euerie minister as he indefinitelie dooth translate it though otherwise it may be as trulie said of the one as of the other it is not so direct for the purpose which it is brought for The first member of that which he alledgeth out of the Authentikes but not the second doo I find either in Haloander his edition or in the Greeke or Latine edition of Contius And whereas the constitution is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vnlesse Constit 133. they know letters that is can read he hath helped the matter a little by interpreting it Aliquanto pinguiùs vnlesse they be learned which neuerthelesse might be granted vnto him and yet no such learning necessarilie imploied as he séeketh to establish hereby But the word Clerici clerkes Wresting of law and not Presbyteri priests here vsed whereby not onelie in this constitution but in all other the nouell constitutions any whether he be Ostiarius Lector Cantor Subdiaconus Diaconus or Diaconissa is signified dooth put the matter wholie out of doubt that neither ministers are here especiallie prouided for nor such exquisitnes of learning as he would gather can be any waie intended in them to be hereby exacted Vnlesse he will also saie that the 100. deacons Constitutio 3. §. sane the 40. deaconesses women the 90. subdeacons the 110. readers the 25. singers and the 100. doorekéepers or sextens being the limited number of clerkes and so called by Iustinian for the great church in Constantinople to haue all béene of that learning which he maketh to be the onelie touch of his minister And if I were persuaded as in this place he is that by the word Constitutions mentioned in the Act 25. H. 8. Cap. 29. the constitutions imperiall were ment I could bring manie such neither repugnant to our lawes nor to the hurt of the prerogatiue royall which I beléeue he himselfe will not saie to haue the force of law amongest vs and therefore must hereby be driuen to yéeld that he made a defectiue Minor in his
also according to our lawes Magnates Pares regni and such as haue béene the chéefest either planters or waterers of this church vnder the time of the gospell but especiallie when it commeth from such a one as would séeme to be a professor of the gospell whereof these and such like spéeches too too manie in this booke are neither branch bud nor fruit And except they were the voices of some sonne of Beliall as was Sheba that is without yoke of all christian humilitie and patience I cannot sée how such contumelious loftie spéeches though they were maintenable could become any subiect in this land thus to publish in a printed booke but much lesse this virulent spirited companion whosoeuer he be Slaunderous speeches of the whole sâ—ate And is indéed all our Gouernment ecclesiasticall but challenged Is the policie and state of our church Perillous for the gouernement of the state of the Lords houshold Is it the policie of a Traitorous lawmaker Are our chéefe prelats Mainteiners of such by tooth and naile And are they abbettours of such Traitorous lawes or lawemakers Doo They mainteine their prelacies dignities and ministeries vnder the gospell by the lawes of Gods enimie And can the pope being no subiect be called a traitor or a traitorous lawmaker though he be a suborner or stirrer vp of as manie traitors as he can inuegle Trulie these iniuries debase the great blessings of God which by hir Maiesties gratious meanes we enioy by the pure preaching of the gospell and reformation of this church from all poperie and superstition and is dishonorable to hir Highnes gouernement yea it reacheth both to those godlie lawes and lawmakers which by parlement haue established this policie and the gouernement ecclesiasticall which we now by Gods mercie enioy men who are as loth iustlie to be accompted mainteiners of poperie or of perillous and traitorous policies and gouernements as this man is vnwilling not to shew himselfe dogged and spitefull For it is well knowne that no other policie is practised nor gouernement put in vre but such as the wholsome lawes of this land haue fortified and therefore for Factious speaking against the lawes in force him thus to carpe at the lawes in a slaunderous libell before the same authoritie hath reuersed them it is intollerable and would in some places be accompted seditious Neither will his euasion serue him bicause the question is not Inter pares amongst equals as he saith as though he could not speake better of the said lawes and acts of parlement without preiudice Of the honour of the sonne of God by accusing him not to haue giuen a perfect law for the gouernement of his fathers houshold by discipline as well as by doctrine For as hereby he would excuse himselfe for his contemptuous and opprobrious spéeches against hir Maiesties lawes and the whole state of the land and the policie and discipline of this church as though he were forced for the safegard of the honour of Christ so would he insinuate that all other not of his opinion are recklesse of Gods honor and that both the policie and gouernement of our church is contrarie to Gods will reuealed by his word and also that Christ hath left a set externall forme of policie and discipline to be exercised Disloyall presumptuous speeches grounded vpon an errour in euerie particular point throughout all the seuerall churches in the world Indéed if these two were true which I thinke will be verie long in proouing he might with more reason haue said as he dooth yet doth in milder maner and in a place more conuenient than in a pamphlet whereby a gelousie maie be bred amongst the simple that they haue béene all the time of hir Maiesties reigne misseled by their gouernors I doo therefore saie and offer in the name of the learned to him or other to consider of that it is taken by vs for an vndoubted truth the contrarie whereof by no proofe we doo essure our selues can be shewed that There are not set downe in particular by scripture or by necessarie collection to be gathered all circumstances of policie gouernement discipline and ceremonies necessarie and vniformlie to be vsed in euerie seuerall church and that the christian magistrats and gouernors are not in the said former points whereof something is touched in scripture of necessitie tied to that precise forme that is there set downe but to the generall doctrine concerning them to wit that all be doone to edifieng orderlie comelie and such like if any will affirme otherwise let him set downe his plat and his proofes for euerie particular and he shall see whether he come not short in most points Neither doo I see why he should so odiouslie traduce certeine thinges vsed in our church till he haue prooued them vngodlie in this respect onelie bicause they haue béene either inuented or practised vnder some bad popes more than he dooth all the nations of Christendome as well in reformed as not reformed churches for giuing a notable place in their common weales vnto the ciuill lawes of the Romans deuised for the most part by painims and idolaters or than he dooth the common or municipall lawes of our owne nation taken either from the old Saxons being heathen or from the Normans being but newlie christened howbeit still grosse papists and idolaters But as touching his questions How our chiefe prelats can answer to the Lord for their wilfull disloyaltie for want of carefulnes requisite séeing They continuallie place vnable men in the ministerie and why they should not let those canons before brought for a learned ministerie being now their owne lawes be auailable with them he might haue said as well his and euery Englishmans lawes for all be parties to an parlement I answer first that in those able men for the ministerie which they haue laied their hands vpon I am persuaded they haue not doone it so much for a bare satisfaction of law as for the exigence of the cause and for discharge of a good conscience Further if they haue ordered some of meane abilitie it hath béene in respect of the slender portions of liuing allotted out in most places for the finding of ministers which places other wise should be destitute wholie whereby the people would in short time become as heathens and painims or be as sauage as the wilde Irish to the great danger of their soules and hazard of this state And if it shall be said that they haue preferred any to the ministerie vtterlie ignorant and vnworthie willinglie Charitie teacheth me not to iudge the worst nor to iudge â— Cor. 4 5. before the time vntill the Lord come who will lighten things that are hid in darkenes and make the counsels of the harts manifest So far am I from iudging it to come of any disloyaltie to God especiallie of wilfulnesse which is the next degrée to the greatest sinne that may be for if any of them had wilfullie
from our church Ergo ours is not the discipline of Christ Then by this reason should no reformed churches be said to reteine the discipline of Christ or to be well ordered manie of them vpon diuersitie of occasions differing euen from themselues before and euerie one in some point or other differing among themselues Are all the churches of Denmarke Sweueland Poland Germanie Rhetia Vallis Tellina the nine Cantons of Switzerland reformed with their confederates of Geneua of France of the low countries and of Scotland in all points either of substance or of circumstance disciplinated alike Nay they neither are can be nor yet néed so to be séeing it cannot be prooued that any set and exact particular forme therof is recommended vnto vs by the word of God And therfore maister Deane of Paules in the said * Ibid. pag. 16. booke saith that one end of so manie counsels gathered so often in the primitiue church was this to make canons For the externall gouernement of the church which had not néeded if such a perfect platforme had béene deliuered thereof in scripture as some men vainelie blunder about And I verelie doo persuade my selfe that he being a man yet liuing and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church whereof he is no inferior member himselfe and being best able to interpret his own meaning would if he were demanded quicklie conuince this man of factious and slaunderous wresting and racking of his words And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline let him first by some proofe out of scripture or ancient writers approoue vnto vs if he can the debarring of the ciuill magistrate from all gouernment in ecclesiasticall causes and a presbyterie or segniorie consisting most of laie persons yet both of them practised by some churches which he and his clients most admire and as he shall deale in these he shall haue more of our worke of like nature which peraduenture will trouble the sconses of all the new discipline-framers we haue to auow by good and substantiall proofes Now vpon the quite ouerthrowe as he wéeneth of the discipline of this church of England he laieth foorth in behalfe of all inferiour ministers an action of wrongfull detinue for I thinke he will not saie it is but nouell disseisine against Our Bishops and archdeacons for challenging all punishing of malefactors within their seuerall iurisdictions If it be their iurisdiction by law why may they not so doo Forsooth bicause They permit not the minister to exercise any discipline at all Yes truelie as was touched afore they doo and may execute the discipline of declaring by doctrine according to the word of God mens sinnes to be bound or loosed and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes which are not the least parts of discipline which is as much for auoiding of intollerable inconueniences which otherwise would ensue as is expedient to be attributed vnto euerie one and so is it all which the law dooth enable them with as may be easilie gathered out of the verie same demand of the Bishop for at the latter end thereof it is said So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same so that the discipline which the minister is to execute reacheth no further than to Teach his parish with all diligence to kéepe and obserue so much of the doctrine sacraments and discipline of Christ as apperteineth to them And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue other why is it said by S. Paule excommunicating the incestuous Corinthian Absens decreui being absent I decréed 1. Cor. 5. seeing they had ministers of their owne and willed the denuntiation of the said excommunication afterward to be doone openlie in the church And at the time of his absolution Paule being absent saith To whom you forgiue any thing I forgiue also Likewise speaking of the anathematisme of Hymenaeus and Alexander I haue giuen 1. Tim. 1. them vp vnto sathan not naming either their owne minister or anie segniorie But we must yet a little followe our author leaping backe for Another reason to prooue that This statute hath appointed the discipline of Christ to be ministred as the Lord commanded onlie and none otherwise which we will easilie grant him vnderstanding it in a generalitie not as though euerie particular ceremonie rite or circumstance of externall policie if they had beene as they are not in scripture mentioned but being not commanded were at an inch to be followed For else how could the primitiue church without any prescript word I doo not onelie saie haue brought in a new ceremonie but haue altered the sabboth daie by God appointed at the first and being our saturdaie vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie and with vs sundaie or yet the time of receiuing the sacrament of the eucharist being according to the institution vsuallie receiued after supper to haue it receiued as it is in the morning fasting His reason for the proofe of this conclusion I gather vp thus If this part of the booke doo not abrogate all discipline vsed in time of poperie amongst the idolatrous priests as well as their false doctrine and prophanation of the sacraments then dooth it ordeine nothing but it dooth ordeine something or else it were an absurd law Ergo it abrogateth discipline vsed in poperie If this conclusion were granted yet his matter he hath in hand would not here vpon be prooued to wit That therefore discipline is no otherwise to be ministred than the Lord Christ hath commanded But I haue shewed afore this Minor to be false and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline more than they doo for the doctrine or sacraments which were prouided for by other acts and not by these words which were indéed absurd once to be imagined Also his Maior foloweth by no consecution for it might haue béene that those words had ordeined something and yet not to haue abrogated all the discipline vsed in poperie except it had by him first béene shewed that the same was contrarie to the commandement of the Lord and otherwise than this realme hath receiued it Which being not prooued we may conclude that he hath in all this section plaied vpon the Petitio principij a fallacie not fit for his person pretending some learning and too plaine for a man to be ouerséene in And therefore in his conclusion hereof he might haue spared his vehement expostulation of Open wrong and intollerable iniurie by the cheefe A proud and insolent terme full of pharisaicall contempt prelats for denieng to the saints of God the discipline they call for c. But if
not being at that present time Bishop priest nor deacon except he be called tried examined and admitted according to the forme hereafter following And if so be that none of these be specified or declared in particular Pag. 7 6. sic deincepâ— as he here affirmeth why dooth he kèepe such hot schooles a little after sèeking to prooue that they are no ministers nor deacons indèed by law which haue not bèene made according to this exact forme of calling triall examination c. But to what purpose dooth he bring this reason except he would haue shewed vs withall what that Calling triall examination and qualities be which he supposeth to be required by the law of God and which They the Bishops whome as I take it he meaneth by waie of supposall are by him indirectlie charged to haue broken Naie he supposeth In them vnfaithfulnesse to the Lord accompting his waies not the best waies nor his counsels not the wisest counsels that they haue set the consultations of the grauest senators and wisest counsellours and cheefest rulers of the land behind their backs that they make their will a law and that they are not ruled by reason Truelie if these his crooked virulent and contemptuous accusations of such men reaching so high as to charge them with apostasie and these mutinous sèeds of dissention sowne betwixt them and other great men of the land be to be tolerated in a published and printed libell though they were true and iustifiable then I doo not sèe but that euerie other lewd disposed person will take the like boldnesse vpon any discontentment to whet his dog eloquence vpon any the best and best deseruing within this common-wealth For Psal 64 3. they haue whet their toong like a sword and shot foorth their arrowee bitter words Therefore we will praie with the prophet Let the lieng lips be made dumbe which cruellie Psal 31 18. proudlie and spightefullie speake against the righteous and deliuer our soules D Lord from lieng lips and from Psal 120. a deceitfull toong which is as the coles of iuniper 24. Section Pag. 53 54. OUr author omitting to declare vnto vs the Maner of calling c of ministers and deacons which is required by the law of God and required also by the law of this land as he telleth vs and leauing it to the dèepe considerations of such as know his meaning if he doo but gape vpon them dooth in this section intreate of Another maner of calling and triall by other positiue lawes required charging the Bishops euen by their owne records to haue neuer or verie seldome vsed any of them So that sèeing he exacteth of them in this action first â—bsâ—â—â—ditie in the authors platforme the obseruation of the booke for the forme and maner of procèeding therein next the calling triall and examination required by the law of God and lastlie now another maner of calling required by other positiue lawes it had beene mèet that either he would haue set downe all these threè forms to be one and to agrèe in euerie circumstance or else to haue prescribed vnto them which of the thrèe they should vse that so they might auoid his high displeasure and indignation against them And I would he had vouchsafed to let himselfe so much downe as to haue told vs where these positiue lawes which he alledgeth are written * Dist 24. c. quando Epâ—â—s being indèed the canon lawe conteined in the decrees Wherein I find a difference from the forme by act established which appointed the Archdeacon to examine and present those which are to be ordered Whereas here The elders Vide sect 26. sect 40. indeed priests are to present and certeine ministers and others skilfull are to trie and examine them The forme of calling which these positiue lawes that he speaketh of doo meane is nothing as he saith But a proces to be fixed vpon the cathedrall church doores or a proclamation by an apparitor the fourth daie before the ordination signifieng that such a daie the Bishop will make deacons or ministers warning such to be present as will offer themselues meet men for that seruice If this be true and also that Three daies together they are to be examined before the daie of ordination truelie they haue but Skarborough warning so suddenlie to be called euen the first daie whereon they are to be examined But he saith this Maner of calling is also commanded by the booke though briefelie in these words When the daie appointed by the Bishop is come certeinlie he had nèed to haue a head full of proclamations that can picke out of these words such a solemne calling or proclamation But whie dooth he not also tell vs whether of the two or whether both of them be ment by this law that is to saie the intimation vpon the church doore or the apparitors proclamation And where the articles of religion doo determine That none may take vpon him the office of publike preaching or ministring the sacraments in the congregation before he be lawfullie called and sent to execute the same vnderstanding hereby the whole action Dotable wresting and falsification of externall vocation which he restraineth to the letters of intimation or to the apparitors proclamation whereby signification is giuen of the daie of solemne giuing of orders he dooth heerein notablie abuse the patience of his readers whome he thinketh verie sottish if they can make no difference betwixt these two kinds of callings But as no man denieth but that it is requisite some publike notice should be giuen a conuenient time before anie solemne daie of generall ordination prefixed doo come to the intent as he saith men méet for that seruice may then and there offer themselues so if héereby he will sucke any matter to obiect against such Bishops who vpon especiall occasions and with more due triall and examination than can be had where such a confused multitude at once must be run ouer doo laie their handes vpon one or two well knowne vnto them without any such solemne notifieng thereof he shall rather hereby argue his spitefull stomach against them than anie care he hath of reformation or obseruation of law which he dooth pretend sometimes when it séemeth to accord with his humor For it is notorious that such of the Bishops as haue kept that course haue sent abroad more sufficient preachers and fewer of meane gifts haue escaped their hands than possiblie can be performed at those generall ordinations And dooth not our author himselfe dissallow in a whole treatise as Vnlawfull Contrarietie to ordeine a minister without a title which platforme can no waie stand with this generall publication of orders for all commers found méet therevnto without respect of hauing or not hauing anie place void in the diocesse allotted foorth vnto them Conueniet nulli qui secum dissidet ipsi 25. Section Pag. 54 55 56 57. IN this section conteining the maner of
they are remooued Our author cutting the sentence off by the waste and applieng that which is spoken Falsification manifest of the Bishops negligence onelie whereby he suffereth some ministers to escape his hands whome the canons allow not to be ordeined vnto euerie minister dealing negligentlie in his function saith in stéed of it thus He shall not onelie be remooued for heresie or other greater offense but for negligence also Which corruption though it be foule in it selfe it dooth not yet beare out his issue that a minister for insufficiencie to preach is to be accompted vnworthie of the calling and therefore to be remooued 33. Section Pag. 67 68 69 70. HEe that dare wrest and falsifie texts when he quoteth them whereby others may examine them it is to be doubted much more that he will doo it when he leaueth them without quotation as in this section he hath done his two first allegations out of the ciuill lawe And therefore as now they make not anie whit to his purpose so being by me touched with the originall I find they cannot carrie anie shew or colour with them For what dooth the Remoouing of such a clearke that either will not doo seruice at all or of such as faineth himselfe to be one when he is not or the * L. qui sub praetextu C. de sacra eccles inhibition to bankers and exchangers of monie méere laie men That they leaue not off their trade vpon a bare title of collegiat men make for proofe that a minister vnworthilie promoted is to be deposed Naie the latter place which he was vnwilling to quote is by no colour appliable to this purpose Of those saith the law before the words by him alledged which vnder a pretense of deanes or collegiat men though they doo not execute that office doo yet go about to withdraw themselues from other functions we thought good to meet with such craftie packing least any should vnder colour of an office which he dooth not execute be disburdened of another dutie of him required Now these deanes and collegiat men were certeine in Constantinople which * Nouel 43. 59. Alc. c. vlt. lib. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being appointed out of seuerall companies of trades did partlie take care of burieng dead bodies and partlie were emploied in other publike and necessarie affaires of that citie The reason of these lawes and canons which he bringeth are foure in number the first not alledged but gathered as it séemeth out of the text quoted is That a possession without canonicall institution is no sufficient establishment in a benefice And this institution that * c. ex frequentibus Ext. de instit decretall saith must be giuen by the Bishops diocesan or by his officiall to whome it apperteineth I will easilie grant vnto him that sole possession will not reléeue any minister either worthie or vnworthie for reteining of a benefice without institution Hereof will follow that all such as haue canonicall institution are without the compasse of depriuation as in this respect alone This matter of sole possession without title he also enlargeth out of a summarie of the ciuill lawe that Sole possession maketh not a senator or captaine but lawfull election For which word Election as it séemeth he rather chose to vse this summarie than the law it selfe which is that A * L. 10. ff de decurionibus man is not made a decurion onelie bicause his name is written in the table vnlesse he be also created a decurion according to lawe These decurions in the common-weale of Rome were in cities and towns corporate as senators were in the citie of Rome but not senators in déed nor enioyeng all priuiledges as senators And in this regard the law saith A * L. 33. c. de decur li. 10. decurion or if I may so terme him a senator of his owne court And therfore our author descrieth his ignorance in translating him a senator but most of all when he englisheth him also a capteine But if so be herein any thing had sounded to his purpose yet he could not haue reasoned from the function of a decurion to the calling of a minister Et ex aduerso except the lawe had made a paritie betwixt them Else might I as well reason bicause the lawe will not haue a * L. 11. ff de decurionibus decurion chosen aboue fiftie fiue yeres of age that therefore a minister may not be ordeined aboue that age And bicause a man * L. 6. C. de decur that cannot read is not forbidden to exercise the calling of a decurion therefore such a man may also be a minister The next is bicause prescription dooth not reléeue him that inioieth any thing without a simple Meaning and vpright conscience Which men so ordeined he saith doo not but are vniust possessors in their owne conscience therefore by their owne craft and guile or lewd practise they are not to reape benefit If by his words So ordeined he meane either all made according to the booke by law established or all such as were made without popular election then hath he left vs by this collection no ministerie in England except perhaps two or thrée leape-lands which like neither of order nor ordering on this side of the sea But if he meane onlie such as are not able to preach then should he haue prooued his Minor that all such are vniust possessors euen in their owne knowledge which now he taketh as granted by his olde woonted fallacie of Petitio principij which neuer falleth him at such a pinch as this And séeing such ministers haue at the least the outward forme of calling by law and are to be intended to haue a persuation that they are inwardlie also called and as all other men naturallie are parcialie affected in matters tending to their own worldlie behoofe it can not be doubted but that they will denie that that his assertion that they should be guiltie to their owne consciences of vntusf possessing their places Furthermore his Maior proposition is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a méere stranger to this purpose séeing no minister claimeth the holding of his roome by prescription which requireth a number of yéeres for the fulfilling of it but by a iust canonicall title at his first entrance Againe if we estéeme it by the ciuill * Text. in l. vnica C. de vsucap transfor law a prescription of ten years betwixt those that be present of twentie yeares betwixt those that be absent is sufficient where good faith was ment at the beginning that * L. qui. scit § bâ—â—e fidei ff de Osuris is where the prescriber did not knowe the thing to be another mans although perhaps he doubted thereof notwithstanding that afterwards within the processe of that time he knew it to be another mans yea by the law a man which at the * L. si quis emptionis §. quod
as in those cases alledged there an inference cannot be brought from one to another bicause in penalties we argue not to the like by like for d De paenit dist 1. §. paene 10. And. super gl ita c. si postquam de elect in 6. penalties go not beyond their owne proper case But to put this matter quite out of doubt and to shew the vanitie of this kind of reasoning once for all it is well knowne to those who are but meanelie studied in lawe that e L. non possunt 12. cum l. sig l. 27. 32. ff de legibus although the rule be that Where the same reason is there the lawe also is the same yet euen then when a difference can hardlie be taken and alledged this rule hath manie limitations namelie where some speciall lawe is repugnant to the argument drawne from the identitie of reason For as f Aristot li. 2. Rhetor. ca. de solutionibus Aristotle saith It is no inconuenience for two probable matters to be contrarie the one to the other For there is lesse authoritie in arguments than in lawes bicause right is g L1 ff de reg iuris l. 5. ff de probat not to be established out of generall rules but from especiall and particular decisions of lawe For if right should not be gathered out of lawes but from discourse of reasoning and from generall rules which be gathered vpon the lawes then would the law be not onelie infinite but also vncerteine yea and contrarie in it selfe bicause the rules of law be almost infinit and one reason may easilie be insringed by another reason And in this respect Tullie * Li. 1. de oratore saith In the ciuill law we are taught not by disputations to and fro which be infinit and full of alteration but by the authoritie and direction of lawes Also this rule holdeth not * L. 7. si pupillorum §. si praetor ff de rebus minorum where a man is adiudged or decréed touching some certeine persons for such a decree is not to be drawne to all cases which be alike Lastlie this reasoning and interpreting any case by a like lawe vpon the simsâ—itude of reason in them both is onelie * L. 11. Pomponius ff de praescriptis verbis L. 2. §. sed quia C. de vetcri iure enucleando L. 11. §. cum igitur C. de legibus permitted to him that hath soueraigne authoritie and rule and not to those that onelie haue single iurisdiction but much lesse to him that hath neither of both Neither is our authors intent any thing holpen by Bartol vpon L2 ff de ijs qui notantur infamia bicause he hauing there shewed that there is one degradation of souldiers or knights verball and another reall and when two processes and when but one to that purpose are required he saith Those things which I haue said of the degradation of soldiers the same is also to serue about degradation of doctors and clearkes not noting that for the like offenses they all are to be deposed but that the like maner of processe is appliable to them all As for that which is said that He which vsurpeth the ensignes or armes of a doctor being none is guiltie of forgerie can no waie serue for punishing such as haue the outward calling into the ministerie how vnworthie soeuer but such as doo vsurpe that calling without any externall calling whome other * Ext. de clerico non ordinato ministrante Canons more pregnant than this lawe dooth sufficientlie méet with 34. Section Pag. 71. NDw at the last our author hauing quit himselfe like a man and prooued sufficientlie at the least in his owne conceit all ministers to be vnworthie and to deserue in that respect depriuation which cannot preach least perhaps the magistrats though being by him so fullie persuaded should neuerthelesse faint in this action as not knowing what course to take in the maner of procéeding against them he verie gentlie taketh the paines to tell them out of Panormitane how they may safelie procéed to depriue them for their ignorance and want of learning But he maketh his processe to reach vnto those onelie who neither haue read any bookes of learning nor haue béene taught by others reading vnto them though his intended purpose was to disable all notwithstanding they had both read priuatlie and heard others in diuerse sorts of good learning if they were no preachers And therefore he calleth all such Idols dumbe bare mumbling ministers and hirelings But it is better to heare the words of Panormitane himselfe than his falsified paraphrase Panor in c. vlt. de aetate qualitate vpon them Note first saith he that want of knowledge is a lawfull cause to depose a man from a Bishoprike and then is it said there is want of knowledge when he knoweth not Grammar Note also secondlie that knowledge is not gotten except it be taught by another or else he himselfe haue read bookes tending to knowledge And so this maketh against them that will pretend to learne both without a teacher and without bookes and heere of you may gather the practike of deposing a man in science ignorant bicause it is sufficient if the witnesses depose that he neuer read any bookes nor euer went to schoole or heard anie reader or teacher So that we may easilie perceiue Faâ—â—â—fication by the author our authors falsification hereof when as he by his translation of Panormitane omitteth wholie that Want of knowledge is ignorance in Grammar and maketh both the priuate studie and the hearing of a teacher to be â—â—intlie requisite for the escaping of this ignorance wher as in truth Panormicane requireth but either the one or the other to this purposâ— and therefore with the coniunction and taken coniunction non diuisim Panormitane saith A man cannot learne without a teacher and without bookes both as plainelie appeareth by the disiunctiue following whereof if any part be true all is true Also Panormitane speaketh here not of euerie inferiour minister but of a Bishop nor of want of any other knowledge but of Grammar And least of all by him is it reguired as our author séemeth to doo that a minister should learne that strange booke Of controuersies of the gospell Whereby may appéere that it is but a loose vnperfect rule to mesure out a ministers learning or abilitie by when no greater stuffe than Grammar is necessarilie required of a Bishop And therefore the same author in * In. c. nisi Ext. de renuntiatione another place saith A competent or reasonable knowledge is sufficient in a prelat neither is it any lawfull cause to resigne and giue place to another if he want an eminent skill And againe What ibidem if a prelat be ignorant but be such as may easilie learne The glosse saith he may learne and then licence to resigne shall not be granted and to
this he is bound although he be an old man And therefore he in generalitic saith Onlie that crime is of sufficient force to depose a man which ibidem hindereth the execution of his order though afore he haue beene solemnelie penitent And that this skill and knowledge is in no greater matters than in Grammar he declareth plainelie thus I * Panor in c. vlt. in fine Ext. de eta quaiita aske saith he concerning him that is ignorant in Grammar and yet by vse dooth speake perfectlie if such a one be alreadie preferred to a Bishopprike or other dignitie whether he shall be deposed 10. de Deo li. 9. 16. holdeth that if otherwise he be profitable to the church he shall not be deposed And to this decision against the Bishop of Calinea he answereth that other matters as heere appeareth were obiected against him and to this purpose maketh this He that knoweth the meaning of the lawe though hee haue not the knowledge of it is borne with 38. Distincti c. sedulo l. scire leges ff delegibus de consecrat dist 2. c. primus quidem Also their dutie may be by others supplied c. inter caetera Ext. de officio ordinarij Which place plainelie speaketh of want of knowledge in which regard a coadiutor may be appointed 7. 9. 1. c. non autem c. exparte Ext. de clerico aegrotante And as to the lawes that may be brought to the contrarie 25. dist § nunc autem 8. 9. 1. c. qualis 81. dist c. statuimus he answereth thus that they are onelie to be vnderstood of those that are not yet promoted So that if our author will weie our inferiour ministers learning in no other scales but these there being I thinke few or none no not of the meanest sort which haue not béene trained vp in Grammar vnder some schoolemaister or at least by their owne priuate industrie he shall be so farre from deposing any great number of such as be alreadie ordered though their ignorance otherwise were not tollerable so that their life be not also scandalous that it may truelie be said his deuise would not so much inrich hir Maiesties tresure as his booke hath bewraied his meane skill in law and his cankred affection towards the present state hath standered hir Maiesties most renowmed gouernement for propagation of the gospell hath troubled the quiet repose vnitie of this church 35. Section Pag. 71 72. IT may appeere I hope sufficientlie by that which hath béene before deliuered that there is no cause whie we should â—ie to a disiunction of A simple curat a rurall priest or a plebeiane prelat by himselfe onelie surmised for the auoiding of any of his Rurall reasons too Simple to driue vs to anie such poore shifts For setting aside a flood of words vainelie now and then puffed forward by the wind of a discontented mind and furious affection I cannot call to remembrance that I haue perused anie booke lesse furnished hitherto with pithie proofe lesse approching to the point of the issue pretended or more confusedlie tossed to and fro by snatches to resume that which once it séemed he had relinquished than this distracted Abstract dooth And héere in this section for that as he verie generallie auoucheth All lawes directlie doo inhibit a man to take vpon him an office wherevnto he is vnfit and vncapable he inferreth A monstrous and damnable vsage to be tollerated in this church for that some ministers are Such as know not for what or how to present their supplication to God neither what kind of diet they should set before his people Truelie I wish vnfainedlie the gift of Gods spirit were doubled and redoubled vpon all of that function yea that all the Lords people could prophesie yet can I not without intollerable vnthankefulnesse to God and great touch of hir Maiesties gratious care for the instructing of hir people so debase all ministers abilities which be no preachers as to saie they know not either for what they ought to praie or that the word of God is the onelie food to the soule of man Or shall we saie that none knoweth any thing nor is able to catechize or to exhort or dehort in any reasonable measure but he that is a preacher publikelie licenced Séeing it is notorious that euen in the reformed * Art 8. des mariages en la discipline du France churches of France according to which our men that haue their heads so full of church-plots would séeme to haue squired out all their frame there be certeine congregations tollerated where they haue no publike sermons but praiers and certeine exhortations After by waie of ampliation as lawyers of later times terme it he proceedeth to tell vs of others also in learning farre surmounting those whome he had afore so disgraced which are not fit to be made strait waies ministers namelie grammarians and poets from Winchester and Eaton philosophers and rhetoricians of long continuance in the two Vniuersities for that They must before shake off vanities and forsake their vngodlinesse where with they haue infected their minds in those places So that now he requireth such an exactnesse in learning and life farre aboue that which the Canon law dooth require that I feare me he would either leaue vs wholie destitute of all ministers or else he would haue them so fined and refined that the Quintessence must be in a verie few of his select clients But the two Vniuersities are as slenderlie beholding vnto him for his contumelious report of them as he was to either of them which could purchase there no more sound reasoning nor modestie than in this booke is shewed And I thinke it may be truelie auowed to the glorie of God that the two Vniuersities are and for the most part since hir Maiesties happie reigne haue béene as well stored with sound diuines and preachers as any foure Vniuersities whatsoeuer in forreine parts And although some part of the old frugalitie and discipline is perhaps with the streame of time quailed which is to be lamented yet if the Vniuersities on the other side be laied vnto ours in respect of order and discipline they will hardlie carrie a vizard of orderlie Vniuersities And what are those Vanities and vngodlinesse where with those places infect the minds not of yoonglings onelie but of those Who haue spent manie yeares there Belike a weauer may come from the shuttle and a bare English clearke or one with a little smacke of French that neuer was in Grammar schoole nor tooke degrée but at Botley or in a scriueners shop so he be bold and zealous as they terme it to gird at his superiours and the orders of our church may be allowed by him for a sufficient and a well qualified preacher but if a graduate come from the Uniuersitie he must be cast againe and new founded and haue some countrie schooling and be purified seauen times yer he can be made to beare this mans touch
worke he is now come to A principall reason by an action of guile and deceit against the Bishop or the minister I know not whether which is so sure an hold that * Cicero li. 2. de natura deorum one calleth it Euerriculum maliciarum omnium A verie drag-net to catch in all ill dealings whatsoeuer He reasoneth thus as I gather it No solemne contract or stipulation in which there is no good faith and plaine dealing vsed but guile dooth by law bind but is meerelie void But there is a solemne contractor stipulation vsed betwixt the Bishop and the partie to be made a minister which is vnlearned wherein good faith is wanting and guile is vsed Therefore the said contract or stipulation dooth not bind but is meerelie void and consequentlie such are intrudors and ought not to haue the name or title of ministers Here I must put the reader in mind againe that the author still taketh as granted and as by his owne right that which is principallie in controuersie that is euerie one to be an Idol-minister and vtterlie Vnlearned that cannot preach In the discourse for proofe of his Maior there is great boast and small roast diuerse vnnéedfull examples and places are brought whereof some twise quoted ouer for failing are vsed verie farre off from the purpose which argueth his skill to be small where his choise for proofe of a truth is so slender For none of his thrée first allegations doo so much as once mention good faith wanting or guile vsed although truth it is the faults there spoken of arising if not of wilfulnesse yet at the least of ignorance of the law which is to excuse no man neither can be intended and presumed doo emploie good faith to be wanting in such breaches of law The place quoted L. venditione C. de vsuris commeth in as a mute in a shew to make vp a number séeing no such law is yet framed that I can find In his Maior I doo also obserue grosse ignorance in lawe shewed two waies First where he confoundeth Priuationem bonae fidei cum dolo making it necessarilie guile wheresoeuer good faith is not by a fallacie a Consequenti and secondlie where he maketh the want of good faith or guile to worke the same effect by law in contracts which be called Bonaefidei as in those stipulations which be Stricti iudicij Touching the first though a L. si cum fundum ff de contra empt l. bonae fidei ff de verb. significat l. res bonaff de coÌ„traâ— empt l. vbi ff de rebus dubijs sometime in law by Good faith be signified whatsoeuer is frée from guile fraud and craft yet b L. bona fides ff depositi l. quero ff locati l. ex maleficio ff de act obligat l. 1. §. hanc actionem ff depositi l. si mandaâ—ero §. Iulianus ff mandati sometime is it also vsed for that which the Graecians call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Latins Bonum aequum the common lawyers equitie which is opposite to rigor Concerning the second c L. elegaÌ„ter ff de dolo l. in causae ff de minoribus that contract which the law calleth Bonaefidei if guile and deceit did occasion it is by the verie operation of the law no contract and void altogither But that which is called Stricti iudicij such as stipulations are is not by d L. dolo C. de inutil stipula lawe void but according to the pretoriall law to be auoided by action or exception of guile which besides the lawe it selfe Tullie in e Cic. lib. 3. de natura deor 1. offic diuers places witnesseth that at the first such guile for along time passed without any controllement f Cic. li. 3. offi namelie where hauing said that in contracts Bonaefidei euen without any set lawe guile was punished but saith he in other iudgements or actions guile was altogither vnpunished till the lawyer Aquilius g L. vl◠§. si stipulator ff de eo per quem factum erit l. domum ff de contâ—â— â—mpt had set out certeine obseruations which the pretors in framing of processes and actions against such guilefull persons should follow As for his Minor proposition it is in two respects vntrue and to be denied First there is no such solemne contract or stipulation concluded betwixt the Bishop and the partie to be ordered for those demands and answers prescribed are not for any such purpose as to bind the minister vnto the Bishop vpon any paine to performe that which he there promiseth but is a solemne promise before God and his congregation of a setled and aduised purpose that he hath to performe his dutie in the ministerie according to that his publike testification and vow Which plainelie may appéere by the purport immediatlie following directed vnto that end wholie that it would please GOD to strengthen him in that good purpose wherevnto he hath entred If it were any otherwise I praie you what action for the prosecution of any priuate interest dooth lie for the Bishop against such a minister as kéepeth not such his promises whereby the stipulation surmised should be committed or forfeited Furthermore the other part of his Minor which surmiseth guile and deceit to be both on the part and behalfe of The minister as knowing him selfe void of those gifts which ought to be in him whereby he cannot beleeue himselfe to be trulie called or mooued by the Holie-ghost and also on the part of The Bishop as knowing the partie to be a man altogither vnfit for the ministerie is likwise to be denied And if as he saith guile and deceit be on both parts then dooth he striue against himselfe bicause then the action shall stand good Quia dolus dolo compensatur one guile must be set against another and neither on the one part or the other shall the contract be ouerthrowne But how is it possible for our author or any man else besides the parties themselues so confidentlie to pronounce of other mens thoughts to ransacke vp their consciences in this sort Séeing the law saith We are not to presume that they knowe any such defect till it may be by vs otherwise plainelie prooued For this thought of theirs by him surmised is a matter not consisting in lawe but in fact Et * Dyn in reg presumitur praesumitur ignorantia facti vbinon probatur scientia A man is then intended to be ignorant of a fact where it is not prooued that he knoweth it And where ignorance of a fact and not of law is alledged there Semper praesumitur bonafides * L. penult C. de prescrip longi temporis Dyn in reg contra siabesse non probetur Alwaies good faith and vpright dealing is to be presumed if the contrarie be not prooued And therefore this rash iudgement of his before the time that all they whome
yet his reasons to prooue such to be Ministers indeed and by law are so childish beggings of that which may be controuersed that I assure you a man might iustlie doubt that he did but dallie and Praeuaricari herein First he saith they are so bicause They are indeed and truth messengers A childish fallacie sent by God Secondlie bicause they Are ministers by the law of this land Truelie this man that was so strict afore is soone woone which is ouercome with these doughtie reasons which no man but he may with as great probabilitie denie as he may doo the conclusion to be prooued being the verie selfe-same with the premisses consisting in these two reasons Touching the matter it selfe law teacheth vs that A protestation with a contrarie act worketh nothing Therfore how can this protestation releeue our author any Pag. 77. thing who hath afore plainelie refused all for ministers in whose ordinations the maner and forme of the booke is not exactlie obserued And which maketh All solemnities therin Pag. 83. euen of the least moment to be substantiall and not accidentall by the law-makers appointment Therefore out of his owne words and reasons to prooue this his protestation vaine and elusorie I reason thus 1 Wheresoeuer the first branch of the statute for the Pag. 77. obseruing of a forme and order in the ordinations of ministers is broken there the second branch authorising them to be in verie deed ministers can take no place But some Pag. 92. of the points required haue beene and are perhaps dailie omitted in making euen the best men that are in the ministerie at this daie and so the forme and order of the booke not obserued Therefore the best men that are in the ministerie at this daie perhaps are not in verie déed ministers 2 Wheresoeuer the forme of an act is not speciallie Pag. 78 80. deinceps and at an inch and not by any thing equiualent obserued there the act by meere law is no act at all But some points Pag. 92. of the forme required are perhaps dailie vnobserued in making the best men ministers that are in the ministerie at this daie Therefore c. 3 Wheresoeuer a certeine forme and order of proceeding Pag. 84. is appointed to those that had no authoritie before such commission there if the forme be not obserued the processe by lawe is meerelie void But the Bishops before Pag. 84 92. the statute hauing no authoritie to make deacons or ministers doo omit the forme perhaps dailie in making the best men ministers Therefore their procéeding herein is by lawe méerelie void and so the best men we haue in the ministerie perhaps not in verie deed ministers and therefore as our author often collecteth are Intrudors But he which to the intent he might haue some shew to serue his humor and to wrap in either one waie or other those whome he foreiudgeth to be vnlearned to the danger of vsurpation and intrusion did tell vs in great earnest Pag. 83. that all the solemnities about ordeining of ministers how Small of moment soeuer they seemed to be by the law-makers appointment were substantiall and not accidentall dooth now in another tune saie that Learned qualified and inwardlie called and vnlearned vnqualified and not inwardlie mooued dooth differ as much as light and darknes meaning and insinuating hereby as I doo gather that whatsoeuer he hath aforesaid concerning Forme solemnities commission statute or good faith they were not so much to the matter or greatlie to be stood vpon but that these are Differentiae specificae constitutiuae of a minister indéed which maketh him so to be and thereby onelie dooth also differ from such as be not Quo teneam vultum mutantem Protea nodo And if so be these thrée be the onelie necessarie points concurring to the making of a minister indéed and distinguishing a true minister from an vsurped then may we haue a minister in this church without the externall calling by the Bishop which is not here spoken of If by Learned he meane onelie such as are apt to teach and by teaching meane onelie preaching whie did he not ad also that which S. Paule ioineth with aptnesse to teach to be able also to confute errors and heresies But the booke requireth as of necessitie no other learning but that he be Sufficientlie instructed in holie scriptures which that it reacheth not alwaies so high as that he must be able to be a preacher is shewed in diuers places afore The qualities Preface to the booke which the booke speaketh of are onelie that He be by sufficient testimonie commended or else knowne to the Bishop to be of vertuous conuersation and without crime and also that he be found learned in the Latine toong But that he be inwardlie mooued by the Holie-ghost to the worke of the ministerie is a thing left to his owne conscience and not to be discussed by the Bishop or any man else but in charitie which hopeth all things to be intended and presumed And séeing it is possible for a man verie vnfit at the beginning by studie practise the blessing of God to become sufficient and for him that is now well and honestlie disposed afterwards to relapse into loosenesse of life and for him also that is skilled in the Latine toong sufficientlie instructed in holie scripture either by disuse or by the visitation or iudgement of God to become verie ignorant and sottish in both therefore I doo not sée if we knowe not the contrarie but both by the rules of charitie and law we are bound to thinke that yet at the ordination of such a one he was so qualified in all these points as was requisite That a Bart. in l. cum quid ff si certum petatur which is agreeable to the nature of any contract is presumed to haue beene performed Againe A b c. in praesentia de renuntiat c. cum inter de re iudicata c. bone de elect gl in c. quoniam Ext. de probat iudge is presumed to haue rightlie executed that which is incident to his office Further That c L. quotiâ—s ff de rebus dubijs c. Abbate sane Ext. de verb sign which confirmeth and not that which adnulleth any act is intended to haue beene doone And lastlie Euerie d L. ab ea parte ff de probat spec de proba §. 1. verb sequitur videre one is presumed fit and capable till the contrarie be prooued But our authour cleane contrarie to this euen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will presume all requisites to haue béene obserued by that which appeareth in his conuersation and learning afterwards So that by this reckoning a man neuer so orderlie at the first called both inwardlie and outwardlie vpon defects afterwards arising in him shall be shut out for an intrudor vsurper or one which by wrong suggestion and fraudulent meanes hath attained the ministerie
all their forces are but wast wind and papershot The first reason he vseth for proofe that The administration of sacraments and execution of their offices hitherto is rightlie doone by such as he iudgeth to be no ministers is taken from the vncerteintie of their lawfulnesse and quoted verie strangelie Cod. de test li. 1. which would require a longer time to seeke it out where it cannot be found than I may affoord him Yet I thinke he ment L. 1. C. de testamentis which decideth in another cause something to the like purpose that It is not to be discussed whether the witnesses were bond or free which in opinion of all men were holden as freemen at that time when the testament was consigned and such as against whome none to that daie had mooued any controuersie of their condition So that the reason of the decision of this law is not the vncerteintie of their state which could not be called vncerteine being not so much as doubted of but the generall error which is his second reason in this behalfe And where â—e saith I know not vpon what warrant Contrarietie That the thing which is vncerteine is as though it were not at all he ouerthroweth his owne purpose in this place for if such ministers State before controuersie therof mooued were vncerteine then are they hereby euen at that time to be reputed as no ministers at all In the first place brought for proofe that a generall error maketh lawe and that therfore the generall error conceiued hitherto of such ministers lawfulnesse shall vphold all publike functions of the ministerie by them till this time performed no direct mention of any common error is made but that the award of a compromittée shall stand which is giuen by a bondman in truth yet being in possession of his fréedome His second place is false quoted Ad Maced in stead of De S. C. Macedoniano In his third place both in his originall and in his translation by following the corruption of the old text yeelding no perfect sense and contrarie to the credit of the Florentine or Pisane Pandects he taketh Propter Mistaking vsum imperatorum bicause of the vse of emperors in sted of Propter vsum imperitorum by reason it is so vsed by rude and ignorant His fourth place * L. 1. C. de lestamentis to this purpose which is the place he quoted wrong afore in this section is here left quotelesse Out of which places togither with the lawe Barbarius Philip. he concludes that in those seuerall cases so in the matters doone by these onelie pretended ministers the common error shall make them auaileable and to be reputed Rightlie and dulie doone where vpon I doo further aske as Barbarius Philip. though a bonduÌ„aue indeed being dulie chosen pretor in Rome was reputed a lust possessor of his office though he himselfe knew that he was of seruile condition and * L. quod attinet ff de reg luris therfore not capable Pag. 94 whether an vnskilfull minister for mallie ordeined though as our author heareth him in hand he himselfe full well doo knowe that he was vnworthie and therefore came in by guile and deceit may not in like sort be cleared from intrusion and be adiudged a iust possessioner by the said common error And if he may so why may he not continue still his said possession séeing he is no more In mala fide than he was in at the first by our authors supposall But he is afraid of another doubt least as the said Barbarius being once chosen pretor though the people who elected him knew not so much and therfore could not haue any such intention was by the verie operation of law thereby infranchised so our ministers though indéed vncapable yet by the ordination of the Bishop being a publike person trusted by the whole realme in this action should be likewise reputed in the eie of the law thereby inabled against anie incapacitie This knot he wrestleth with to vntie thus that as the award of an Vmpier reputed generallie a fréeman shall therfore be in force though he remaine a bondman as afore to his former maister and as the sonne being once commonlie reputed otherwise but afterward indéed detected to be vnder his fathers power and tuition cannot become a debtor vnto me vpon borrowing of monie which our author contrarie to law extendeth generallie to any contract and as bondmen vpon common reputation Ignorance in law for fréemen hauing profitablie béene vsed for witnesses being knowne as they are may be reiected from bearing witnesse euen so though Barbarius were Childish babling made frée by the people yet the maister was by lawe to haue the price of his seruant at their hands Which being thus anatomized we may well perceiue are so far from all consecution that they haue not so much as any similitude togither But what if the people must paie the price of the seruant may he not be frée as the law appointesh And may not any thing here notwithstanding the minister duelie ordeined for outward forme reteine in like maner his ministerie as Barbarius did his fréedome But I cannot coniecture either why he saith that Common error cannot take a waie priuate interest which no man affirmeth or how he can conclude with any colour vpon these vnlikelie comparisons That much lesse can common error of a few barre the whole church from a publike benefit due vnto them And I pray you if this be the error but Contrarietie Of a few in authoritie how can it be common and thereby vphold the functions of the ministerie executed by no ministers Pag. 89 Naie how can it be the error of the Bishops whom he meaneth when as he chargeth them to be In mala fide and to Knowe at the time of ordination that such cannot be qualified accordinglie as is required for the ministerie But to cut off all at once and to shew plainelie that if such as be no preachers or any other be indéed and truth no ministers at all as our author hath laboured to prooue then Common errour though in some cases it be a L. 1. ibi DD. C. de testamentis l. 2. C. de sentent ex pericrecitandis in l. Barbarius ff de officio Praetoris holden for truth and doo b 3. q. 7. §. tri ver verum make law yet in this point it shall not make good those pretended functions of the ministerie which erroniouslie such men haue executed and performed It is to be vnderstood that among manie exceptions and limitations of that rule this is one First if the partie vpon whome the common error runneth be not c Bart. in l. actuariorum C. de nummularijs li. 12. in l. de qui. ff de legibus Bald. in l. 2. C. de manumiss vind solemnelie and dulie elected to his place then dooth it make no lawe nor make the acts of force
Latet anguis in herba There is a pad in the straw The next answer that if the Bishop susteine any hurt by refusing to admit to a benefice an insufficient man the blame is to be imputed vnto no man but himselfe which ordeined him is the same with that answer whervpon he afterward relieth though here he saith He will let it passe Lastlie he telleth vs he will also let passeth exhortation which the Bishops canons doo prescribe to be vsed vnto patrones to persuade them to bestow their benefices sincerelie and vpon sufficient men which indéed he might with better discretion neuer haue named For alas is the Bishop giuing a good and wholesome exhortation to the patrone to be found fault with bicause the patrone hauing his hand on his halfepenie will not suffer himselfe to be persuaded by him to doo as he ought But he alledgeth in defense and fauor of a Patrone presenting an vnlearned man to a benefice that he is not to be blamed by the Bishop but himselfe is to be chieslie burthened and blamed who ordeined such a one minister and the rather bicause The benefice is due by reason of the office Yet the Bishops blame and reprehension cleareth not the patrones couetousnesse his want of zeale to haue the people as well taught as he might his theft his sacrilege his simonie his abbetting and procuring of another man to be periured for his owne lucre For there is none of them so simple but they well know that these are thus by law condemned And what by themselues and what by others at least when the Bishop vpon examination dooth find it so they might take knowledge that a more learned and sufficient man might be easilie procured who would accept it thankfullie which bicause the patrone cannot breake his fast with he therefore will not be remooued from him that hath most slender gifts of mind bicause such a man hauing little else to commend him will be content to depart with the greatest gifts to the patrons pursse and kitchin And yet may it not fall out that the Bishop vpon good consideration may refuse to admit him to a benefice whome he hath afore receiued into the ministerie For perhaps he may be fit for some small charge and liuing which a man of greater gifts will not accept of though he be not fit for a more populous parish being a sufficient maintenance for a more excellent man Or else it may be he hath not from the time of his ordering bene so painefull in his vocation or so warie in his conuersation as were requisite whereby he might deserue a better place So that this is not so generallie to be verified as he here doth that Whom a Bishop hath reputed meet vnto orders him he ought also to thinke meet vnto anie benefice For what if a Bishop of another diocesse did ordeine him for some meaner place of charge which else might haue bene wholie destitute of administration of anie sacraments or else his predecessor in that place â—ay not he neuerthelesse vpon a Glo. c. cum secundum Apostolum ver liceat Ext. de preb dign examination finding his weakenesse for the place which he is presented vnto with good reason and by law reiect him Yes verelie And what b Gl. d. c. 1. aetat qualitate gl in c. accepimus ver examinari d. if some new matter haue fallen out since his ordering worthie to be looked into Trulie the like iudgement is to be giuen as before Likewise a minister may be newlie examined and vpon cause sufficient also reiected from obteining a benefice euen by him that did ordeine him if he were c Gl. d. per c. ad haec Ext. de offic Archid examined but by his archdeacon afore to the which d Gl. d. per c. nihil est c. venerabilem Ext. de election examination the Bishop is also bound Againe e Gl. in c. accepimus ver reputare Ext. de aetat qualit they that haue tolerated in an inferior office a man criminous may neuerthelesse take exceptions against him when he is to be higher preferred And laftlie it is no strange matter to affirme f L. relegatorum §. vlt. ff de interd relegatis c. nos consuetndinem dist 12. c. scripâ—um est Ext. de elect that a man may lawfullie reteine a place of lesse estimation which yet ought not to be preferred to a higher By all which may appeare by how manie meanes the Bishop by law may be exempted from iust reprehension though a clearke being made a minister by some Bishop and peraduenture by himselfe be reiected from obteining some benefice And hereby also the finall reléefe appeareth which couetous patrones are like to catch by this his cold apologie for them Yet we may to good purpose obserue our authors endeuour who when ignorant ministers are once ordeined whom he thinketh no ministers at all yet in fauour of simonie for gratification of corrupt patrones and to loade Bishops with all the blame can be content to plead thus for their placing in Benefices whome a little afore he would not haue intituled to the Office of the ministerie in which onelie respect here he saith The benefice is due 50. Section Pag. 101 102 103. BUt he telleth vs in verie pittifull sort as sorrowing that they should be so misiudged that These couetous patrones are great beames in the eies of Bishops pluralitie men and non residents for feare that by simoniacall compounding with poore simple men the fat should be wiped from their beards which otherwise they would haue expected for themselues And if they be indéed so great beames in Bishops eies which yet they wish to be cast out as principall meanes for the fostering of an ignorant ministerie euen in those liuings which being entirelie emploied were sufficient to mainteine men of good and commendable gifts then are not Bishops so great mainteiners and cherishers of ignorance in ministers as he would in this treatise so often insinuate But whie they should maligne couetous patrones for feare any liuing by simoniacall compacts shuld be drawne from them I cannot for my part coniecture séeing they are not capable by ordinarie course of lawe of any such inferiour liuings And I pray you dooth the corruption of couetous patrones reach no further to the damage or hinderance of any but onelie of pluralists and non residents But he taketh that as granted and will prooue by the answer of a couetous patrone to This pluralitie man and non resident as it séemeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That the people haue no greater hindrance by an vnlearned man not preaching and hiring out his benefice vnder foote vnto his patrone than by a learned man not resident and not preaching hiring it out to his curate after a rounder rate The patrones demand to the learned pluralist is to this effect Whether it is not as lawfull for him to bestowe a benefice of his patronage
Wheresoeuer the cause of a prohibition is perpetuall there the prohibition ought to be perpetuall 2 But the cause of the prohibition against pluralities is perpetuall 3 Therefore the prohibition ought to be perpetuall 1 Euerie lawe grounded vpon the reason of nature and the Pag. 116. equitie of the lawe of God is immutable 2 But the lawes prohibiting pluralities are grounded either vpon the reasons of nature or vpon the equitie of the lawe of God 3 Therefore all the lawes prohibiting pluralities are immutable THE first proposition of the first syllogisine hath beene proued Institut de iure natu gent. ciui § sed naâ—uralia Iames. alreadie the first proposition of the 2. syllogisme is manifest Omnia naturalia sunt immutabilia All naturall things are immutable and there is no altering or shadowing by turning with the almightie The second proposition of either syllogisme shall bee manifested by that that followeth But first to aunswere the falacies before spoken of because pluralities are not forbidden by lawe positiue of man alone but prohibited also by the lawe of nature and by the lawe of God therefore it followeth that they may not be tollerated by lawe positiue of man alone And therfore if pluralitie men would fitly argue to conclude their purpose they should frame the same after this sort 1 Whatsoeuer is prohibited by the law of man alone the same by the lawe of man alone may be licensed againe 2 But pluralities are forbidden by the lawe of man alone 3 Therfore they may be licensed by the lawe of man againe THE second proposition of which syllogisme beeing vtterlie false you see euidently wherein the conclusion halteth and the falacie consisteth therefore I conclude against them thus 1 Whatsoeuer is forbidden by the lawe of nature by the law Pag. 117. of God the same cannot be licensed by the law of man alone 2 But pluralities are forbidden by the law of nature and by the lawe of God 3 Therefore they cannot be licensed by the lawe of man alone And againe 1 Whatsoeuer ratifieth a thing monstrous and against nature the same may not be priuiledged by the law of man 2 But dispensatioÌ„s for pluralities ratifie monstrous things and things against nature 3 Therefore dispensations for pluralities may not be priuiledged by the lawe of man THe second proposition of the first syllogisme shall be proued in this place The second proposition of the last sillogisme I proue from the etymologie or discription of a priueledge or dispensation for a priuiledge and a dispensation in effect signifie both one thing Priuilegium dicitur quod emanat contra ius Glos lib. 6. de rescript c. versan principio Extra dâ— iudic c. At si clerici § de adulterijs â—ommune in fauorem aliquarum personarum super prohibitâ—s despensatur quia permissa iure communi expediuntur prohibita vero dispensatione egent A priuiledge is said to bee that that for the fauour of certaine priuate persons commeth forth against common right things prohibited are dispensed with because things permitted are dispatched by common right but things forbidden require dispensation By which discriptions of a priuiledge and dispensation it is apparant that a priuiledge and dispensation for pluralities must license and authorise that that the lawe against pluralitie dooth infringe and disalowe and so bee a lawe contrariant and repugnant to the Lawe against Pluralities but the Lawe against Pluralities is the lawe of nature and the lawe of God Therefore a priuiledge or dispensation for Pluralities is against the lawe of Nature and against the lawe of God a more monstrous lawe was neuer established Nowe Pag. 118. that Pluralities are forbidden by the lawe of Nature and by the lawe of God which was the second proposition of my first Syllogisme I proue thus All the reasons wherevpon the positiue Lawe of man against Pluralities was first established are taken and drawne from the Lawe of Nature and from the Lawe of God The reasons and causes of the prohibition are these First the auoiding of Couetousnesse of Ambition of Theft of murther of Soules of a dissolute a roaging and a gadding Ministerie the necessitie of comelynesse and decencie in the Church are speciall and primarie causes for the prohibiting Pluralities but all these are forbidden or commaunded by the lawe of God therefore the causes of the prohibition of Pluralities are grounded vppon the will of God and therefore immutable and therefore not to be dispensed with Againe for one man to haue the stipends of manie men for one man not able to discharge his dutie in one place and yet to haue many charges in manie places committed vnto him for one man to hinder another man from ordinarie meanes to doo good to the Church all these causes I saie are second causes for the prohibition of Pluralities but all these causes are causes of reason and nature therefore by the Lawes of reason and nature Pluralities are forbidden and therefore not to bee dispensed with no more then thefte or murther or blasphenne maye bee dispensed with And if Antichrist thinke it Thefte Rauine Couetousnesse Ambition Pride murther of Soules for one man to haue manie Benefices without dispensation if Antichrist account the hauing of many benefices without dispensation to be a meete meane to maintaine a roauing a gadding and a dissolute Ministerie to foster extortion and vnlawfull gaine what shall the seruauntes of the Lorde Christ the sonne of the most highest Whome hee hath commaunded to bee holie and Pag. 119. perfect as his heauenlie father is perfect defend all these horrible sinnes impieties tollerable by dispensation Can a dispensation from a Pope or an Archbishoppe make Theft no Theft Rauine no Rauine Couetousnesse and Ambition no Couetousnesse and no ambition I speake heerein to Christians which ought to maintaine the Lawe of Christ against the lawe of Antichrist For I knowe some of the Popes Chaplaines grounding themselues vppon these rules of lawe whereof mention hath beene made before giuing vnto the Pope Merum imperium â—n absolute power on earth will affirme that the Pope Vid gloss Extra de confes prebend c. proposiut vers si pra ius §. Apostol dispensat 34. distinct c. lector Glos inc non est extra de voto vers authoritate can make Nihil ex aliquo and Aliquid ex nihilo Nothing of somewhat and somewhat of nothing Sinne to bee no sinne and no sinne to bee sinne These blasphemies they spue out and these blasphemies they maintaine that thinke they may bee theeues and murtherers and extortioners by dispensation And such are plurified men by their owne pluralitie Lawes as shall further bee manifested For as to the making of euerie generall and publike ordinaunce and constitution it is necessarilie required that the same tend first to the aduauncing of the honour praise and glorie of God secondlie that it bee proâ—itable and expedient for the peace and safetie of the weale
iuri communi Statutes ought so to be vnderstood that they may adde somewhat to common right Circa sublimes literatas personas quae maioribus beneficijs sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Conceruing men of Nobilitie and learning who with greater 3. Extr. de prebend c. fi de multa benefices are to be honoured the Apostolike sea if reason shal require may dispence with such And in another Chapter the same is confirmed Pag. 127 MVLTA ENIM in hoc casu dispensationem inducere videbantur literarum scientia morum honestas vitae virtus fama personae multiplieiter a quibusdem etiam ex fratribus nostris qui eumin Extr. de elec c. innotuit scholis cognouerant approbatae Manie things in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuerslie commended euen by some of our brethren vvhich knevv him at schoole These gifts and graces these qualities these conditions are incident and appertaine by common right to these men that by waie of dispensation may possesse manie benefices Whosoeuer then is not commendable for his learning for his honestie for his sincere life or not of some auncient and noble familie the same man by lawe is vtterlie barred and secluded from this benefit The second qualitie required to the validitie of euerie dispensation is the waightinesse of some speciall cause as appeareth in the Chapter before recited in these words Cum ratio postulauerit when reason requireth And againe wee aunswere saith Alexander the third in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of Extr. de voto c. 1. him that is President that hee consider diligentlie the cause of communication and so accordinglie to dispence And by the Chapter Magnae Extra de voto It is plaine and euident that there must be some speciall cause knowen for the which euerie dispensation is to be graunted For as I saide before to the ende that euerie dispensation be good and auaileable by Law there is required necessarilie both the abilitie of the person to whom and the iustice of the cause for which the same ought to be giuen For neither may an able man without a iust cause neither a iust cause without an able man moue the Iudge in anie wise to dispence And to tell you what these speciall causes are in few wordes they Pag. 12l are these vrgent necessitie and euident vtilitie of the Church Extra de ele c. cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare For the vrgent necessitie and euident vtilitie of the Necessitie vtilitie of the Church onely iust causes of a dispensation 1. q. 7. requiritis 〈◊〉 nisi Church of Capua which on this behalfe wee rather haue respect vnto our pleasure and will is that hee continue It is vnlawfull by common right for a Monke or laie man to bee admitted to the gouernment of anie Church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinarie cause the office of pastorall teaching did cease so that the people had none to instruct them in the waie of saluation now in this case it is lawfull for him that hath authoritie to dispence with a Monke or laie man endued with learning to the end hee might by instruction bring the people to knowledge It is vnlawfull that children borne of a Runne violentlie taken aware and married should be admitted to anie Ecclesiasticall orders Notwithstanding if the great profit or necessitie of the Church require they may by dispensation bee admitted Suppose there were a custome of long continuaunce and time out of minde in the Church of Paules contrarie to the first foundation of the Church that not onelie the Prebendaries dailie present at diuine seruice but also others absenting themselues should receiue euerie one a like some dailie pention either in money or some kinde of victuall this custome by lawe is voide because it is vnreasonable And yet notwithstanding anie iust and necessarie infirmitie of the bodie of anie Prebendarie or euident vtilitie of the same Church may bee a lawfull and sufficient inducement for the Ordinarie to dispence with the not restoring of that which was vnlawfullie taken vnder pretence of the former custome Pag. 129 If by the first foundation of the Church of Paules tweine Prebendaries were appointed to bee mainteined by the reuenues of the Church and the sayd reuenues were not sufficient for the mainteinance of these twelue the Bishoppe then in this case if the necessitie and vtilitie of the Church so require may annect certaine other Chappelles for the mainteinance of the sayde Prebendaries These examples doo sufficientlie prooue that euerie dispensation priuiledge or immunitie ought to bee grounded vppon some iust and reasonable cause and that the sayde iust and reasonable cause ought euermore to bee the vrgent necessitie and euident profit and commoditie of the Church And that the said vrgent necessitie and euident commoditie of the Church ought euermore to bee vnderstoode the well gouerning of the soules of the people If therefore neither vrgent necessitie or euident vtilitie of the Church require that anie one should haue manie Benefices yea rather if it bee most profitable and necessarie for the Chruch that one man should haue but a liuing appointed for one man and that by ioyning benefice to benefice and Church to Church the Church indeede is meruailously wounded grieued and molested and that the soules of the people are thereby not gouerned at all but lefte at randon to their owne direction hauing no guide to conduct them euerie one may euidentlie discerne dispensations in that behalfe to be altogether intollerable hauing no ground nor foundation of reason equitie or lawe but onelie graunted for the priuate gaine and iucre of some couetous and vaine glorious persons Whereas it may be answered that the statutes of the realme licensing diuerse 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 aunswere that for my part I heartelie desire and praie vnto God that these lawes might be respected and that the law of England might rule an English man in this case But alsse our lawes are bels without clappers they are founded but they found not they are bands but they binde not Pag. 13 For though by the statutes of the realme certaine noble mens Chaplaines others graduated in the Uniuersities be qualified and made capable of dispensations yet I denie the lawes of this Realme to approue anie manner of dispensations tollerable at all for anie kinde of these qualified men vnlesse the same be first in cases of
the least as is paid into her hanaper or were the Symoniacall person a pluralitie man and so depriued from all his benefices and Ecclesiasticall promotions her Nighnesse were then to haue the whole first fruits of all his benefices and promotions fortie times so much as she enioieth by graunting his dispensation And as touching the fees due for dispensations graunted for many benefices though the same fees may happily amount in some one yeare to manie hundreeds yet by meanes of the said dispensations her Nighnesse is empouerished yearely by mante thousands The oftener cuerie benefice or promotion is voide by resignation or depriuation the oftner to an other admitted vnto the same and the oftner doth her Nighnesse receiue the First fruits of anie such benefice Pag. 162 Now it is cuident that the conioining of two three foure or fiue thousand benefices or promotions vnto one thousand men by dispensations is a manifcst impediment to the auoiding of so manie incumbents from so manie benefices as which by death resignation or deprization of the saide incumbents might and were likely to be made voidt And so the said dispensations being an hinderaunce to the auoiding of benefices they must necessarily be also a verie direct meanes to keepe from her Exchequer that treasure that otherwise should ordinarily be brought vnto it And though by the death resignation or deprinatioÌ„ of euerie pluralitie man euery of his benefices be made void yet his said benefices are not so often made voide as otherwise they should be And therefore though her Nighnesse haue the first fruits of two three foure or fiue benefices in the handes of one Pluralitie man dying resigning or being depriued yet hath shee not the first of the saide beuefice so often as otherwise the might haue wherby her reue mues are lessened Since therfore for one maÌ„ to inioy many benefices by dispensatioÌ„ maintaineth couetousnesse is contrarie to the ancient Canons maintaineth ambition ministreth matter for a roaging a gadding a dissolute ministerie since it conueieth stipeÌ„ds due vnto many froÌ„ many vnto one since it is an hinder ance of residence and containeth perill of soules Since it is a kind of theft rauine spoile Since it is vndecent vncomelie Since it is contrarie to the good customes of the Church Since the honestie of the church therby is defiled the authoritie therof conâ—emned the truth of Christ troden vnder foote and loue banished Since among the rich Prelates and plurified men themselues strifes contentions â—raules and enuies arise and are nourished Since the fire of God his wrath is kindled against vs by them since it is against the lawe of nature repugnant to the lawe of God and therefore nourisheth a monster in nature Pag. 163 since it is against the weale peace profit and conseruation of the realme since it is against the vtilitic of the Church and that the nessitie of the Church requireth the cleane contrarie Since it is preiudicial and derogatorie to the iast Wils and Testaments of our auncestors since it is dishonourable and dangerous for her maiesties person and safetie since priuate necessitie and pouertie is no sufficient cause for the maintenance thereof Since the miserable penurie of our stipendarie Curates therby is made intollerable And againe since all these thinges are offensiue and that a Priuiledge so sonne as it becommeth offensiue and not exercised to the profit of many but to the will of one is forthwith to bee with drawen Since euerie Priuiledge ought to bee such that it damnifie none and since it forthwith looseth the name of a priuiledge if once it turne to anie iniustice since that nothing is more contrarie to naturall reason then that one and the selfe same man should take vnto himselfe diuerse stipends of the church in diuerse and farre distant places since it is against the pollicie of cuerie good common-wealth of man since it is contrarie to the gouernment of euevie good and prouident householder since it carrieth headlong the soules as well of him that giueth it as of him that taketh it to hell yea and since it is an impouerishing of her Maiesties treasure diminishing of her reuenues Let vs conciude for one man to inioy two or mo benefices by dispensation to be a thing altogether intollerable and vtterlie vnlawfull An answer to the second Treatise of the Abstract That dispensations for manie benefices are vnlawfull 1. Section Pag. 107 108. IF this conclusion for proofe whereof in this whole treatise he pretendeth to labour were granted vnto him as in part it ought to be though that be vntrue which he meaneth thereby might it not be said that either he knoweth not what he writeth or else willinglie spake vnproperlie to make the matter seeme more odious as though it were hoiden to be lawfull to dispense with a man for as manie benefices as he could procure For seeing in our common spéech howsoeuer the law more generallie dooth construe it a benefice is taken for a pastorall cure of soules ouer the people of some parish it is euident by the statute in that 21. H. 8. c. 13 The Abstractors discourse wholie inpertinent behalfe prouided sauing those that be of hir Maiesties councell which may keepe three benefices with cure of soule and hir Nighnesse chapleines vpon whom the may bestow what number of benefices the will that no man can be dispensed with to reteine Multa huiusmodi beneficia many such benefices according to the true proprietie of spéech yet some being so qualified as is required may be dispensed with to receiue and keepe Plura mo than one euen but two in all which cannot properlie be called Many except the matter were of great raritie Unto all which dispensations so by statute-law and act of parlement warranted both he and all the subiects in the land in * 4. H. 7. 10. the eie and construction of law are deemed to haue consented And therefore that he or anie other should call them Vnlawfull or presume to inueigh publikelie against them as he * Pag. 159. telleth by some to their great commendation both by speach writing and preaching to be practised whome therefore he calleth The Lords seruants I for my part can not sée how it can be excused from faction and great contempt Factious dealing against law of hir Maiestie and hir lawes Or else why may not I or anie other priuate man whosoeuer in like manner with as good toleration as he perhaps vpo my particular conceipt againsst some other of the lawes of this land take pen in hand and tell all the subiects in it that they are no lawes in déed as being against the word of God the law of nature of reason and of nations And thereby to giue a dangerous ouuerture and open window to the loofing of the ioints of all obedience to lawes and to turne ouer those matters which are to be debated with great moderation to fro onelie in the most honorable
are often called to and fro about the affaires incident to their seuerall liuings Yet neither dooth this Decretall simplie condemne as a thing intolerable all such Going to and fro but where it conteineth perill of soules withall neither can it be with anie reason found fault with where otherwise vpon some weightier occasion it tendeth to a greater benefit towards the church than this can anie waies be offensiue which offense is the onelie ground almost why this often going to and fro can with anie colour be reprehended And therfore his Maior must be better vnderlaid with reason before we may absolutelie admit of it as true The Medium or reason of his third syllogisme which he maketh seuerall by it selfe is ioined with a copulatiue to the reason of the former syllogisme and so both they should make but one reason Now to haue diuers benefices dooth not necessarilie conteine as he assumeth indistinalie in his Minor thereof anie perill of soules but onlie then when the partie is not dispensed with to reteine them as the * Gl. in c. quia in tantum Extr. de prebendis in verbo animarum per text c. dudum 2. Ext. c. de elect glosse in the same place dooth teach vs. And therefore his reason is a paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The cause of which perill of soules ouer and aboue the parties owne danger bicause he can not with a good conscience reteine vnto himselfe anie thing against law is assigned to be this that * Gl. ver deceptae c. disdum he being not dispensed with and therefore his benefice though in fact by him reteined yet by law in deed meerelie void ail his exercise of the keies for binding and loosing of the parishioners of his first benefice shall thereby as being done A non iudice become void also and so those shall forsooth dangerouslie remaine in their sinnes which thought they had béene by him in shrift cleerelie absolued Which reason being by the light of Gods gospell discouered to be but vaine that which is built therevpon must needs topple downe to the ground withall For we know that no * c. si quis c. cum aliquis 24. q. 3. sentence of anie mortall man can either bind or loase a mans sins otherwise than the word of God dooth warrant and declare according to which if it be pronounced by whomsoeuer the sentence is good and ratified by God himselfe as he hath promised In which respect also some canons and some of the sounder schoolemen haue taught that the sentence of the priest dooth onelie bind declaratiuelie and not dispositiuelie The Maior proposition of his last syllogisme here doth by no coherence of reason hang togither for both in the church and common-wealth manie occasions may be assigned that doo in some sort indirectlie Hinder other from doing fruitfull seruice in either of them which yet may and ought to be tolerated For what if some notable man by due desert haue atteined diuerse high offices which by reason of the manie old reuerend yeares wherewith God dooth blesse him farre beyond all expectation in which time neuerthelesse manie other excellent men perhaps are bred vp by all likelihood able in verie good sort to serue in those seuerall roomes of the church or common-wealth which he enioieth shall such a man in this regard be stripped foorth of most of his liuings least others should want in the meane time and be hindered from imploiment according to their sufficiencie Or shall we therefore accuse old-age and the blessing of manie yeares as a thing intolerable So that we see it is a Fallacie ab accidente like diuers of the rest which are branded with the same stampe The Minor also of the said syllogisme hath as slender color of truth as the former For as one of the ends as I conceiue of the statute was to haue such as were intended to be of greater gifts to haue larger rewards so was it another end rather to haue two diuerse parishes allotted to one man able to instruct them and they to mainteine him than to haue them serued by two seuerall men not sufficient to instruct either of them So that it may trulie be verified verie few sufficient preachers by this onelie meanes of one mans inioieng two benefices to want maintenance or to be hindered from dooing seruice in the church which may appeare by taking an estimate in euerie countrie of such liuings which be of as sufficient liueliehood as the most seuerall liuings of anie pluralists which are not yet bestowed so well as were to be wished 3. Section Pag. 109 110. IN the text here alledged whence the reason of this Syllogisme is gathered it is said that After a sort he that vsurpeth vnlawfullie two benefices dooth commit theft which word of Quodammodo was necessarilie and warilie added bicause Theft is defined to be Contrectation or handling of another mans goods without the good will of the owner which cannot be applied properlie to a void benefice whose proprietie is indéed and in strict termes of law in no man during that time but as the common lawyers also doo teach vs In nubibus in the clouds and in suspense Which necessarie limitation though our author hath inserted in his syllogisme yet hath he omitted to translate it with the rest of the text Corrupt translation But it is answered in the next section afore both by the text here alledged and by the glosse vpon the other decretall there handled that there is neither danger of soules neither any maner of theft committed but where a man vsurpeth mo benefices than one being not by law thervnto authorised or dispensed with For the * c. dudum 2. §. nosigitur Ext. de electi text it selfe thus distinguisheth If it appeare that after the enioieng of the archdeaconrie hauing cure of soules annexed he reteined the said parochiall churches also at the time of his election neither did shew forth that he was dispensed with by the apostolike See then his election shall by authoritie thereof be frustrated And the like distinaction also is found in the other chapter * c. de multa § finali Ext. de prâ—bendis here quoted in these words But concerning great personages and learned men which are to be honorablie respected with greater benefices as reason shall require the apostolike See may dispense Therefore it is euident that his Minor proposition is in two respects false first where he assumeth that the Pluralist taketh that which belongeth to another and againe in that he affirmeth simplie and absolutelie without the former distinction of law that he committeth theft And likewise it appeareth that he crusheth himselfe against the said rocke of Paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereat he hath so often made shipwracke of reason 4. Section Pag. 110 111. TO his first place heere alledged out of the Distinctions in the Decrees the * Glos in versingulis c. sing u. dist 89. Glosse
Now considering that amongst vs and the most nations in the world besides such actions haue no place but it is thought most conuenient to lcaue it to the verie shamefastnesse and good nature of him that hath reaped a benefit yet it may not therfore be said that we haue also taken awaie the generall reason wherevpon this law of the Persians was grounded being the verie instinct of nature * Herodot li. 1 Amongst the Persians it was holden a dishonest thing for a man to spit bicause it argued he gaue not himselfe to actiuitie and laudable exercise of the bodie But we may not herevpon argue that amongst vs where no such thing is noted good exercise of the bodie is condemned For the more greeuous punishment of droonkennesse Pittacus * Arist. in Polit. one of the seuen wise men of Greece made a lawe that he which should beat any man being droonken should be much more gréeuouslie punished than if he had doone so being sober Yet we which raise not the damages of a batterie in respect of the droonkennesse cannot therefore be said to allow or to dispense with droonkennesse Also for a notable reason drawne from the law of nature whereby matrimonies are established it was prouided in Greece that he which was not married before he were fiue and twentie péeres old should not be capable of any inheritance by discent In the like respect whereof * Plato a diuine philosopher saith that God would haue man to beget man that thus there might be a continuall supplie made of those which should worship him Neuerthelesse those nations which in matters of matrimonie doo yéeld a continuall freedome either to marrie or not to marrie vpon good grounds may not therfore be said to take vpon them to dispense with the reason of such lawes as séemed heerein more néerelie to exact that which the law of nature in some sort dooth require It is most agréeable to reason to haue children bred vp in all kind of good learning euen in their tender yéeres yet neuerthelesse we cannot * Lagus lib. 1. condemne Frederike the first who thrughout all Tuscia did forbid that in inferior schools nothing should be taught but Grammar and Musike least otherwise the tender wits should be ouerburdened at the first with matters of too great weight And though vpon the reason and ground of the law of nature yonger sonnes and daughters as being both in like degrée with the eldest sonne vnto the parents and more vnable than he to prouide for themselues are to succeed their father in lands and goods by the course of the ciuill law yet reteined in Germanie and manie other places sufficientlie confirmed by that reason of S. Paule which we must néeds allow to be most concludent If we be sons then are we heires yet may not the course of the common law of England giuing by discent all the land vnto the eldest as most fit for the entier conseruation of the familie and being the first fruits of his fathers strength be accounted to impugne or dispense with the reason whervpon the other course is grounded but onlie to be receiued as more fit for our common-weale and therfore agreeable to the rule of iustice as well as the other There is no man can dispense that it may be lawfull in generall that a man need not paie that which he hath borrowed yet particularlie the * ff de S. C. Maccdo ff de mincribus ciuill law hath iustlie decreed that the said reason hath no place in such which being in their nonage or being vnder gouernment of their father doo borrow monie Also * L. patronus ff de re iudicata the patrone or maister his father or his children if they become debtors to him whom he hath infranchised and made free they cannot by such a freed man be sued to paie anie more of such debt than conuenientlie they may paie without their vtter vndooing It were infinite to set downe those good and wholesome lawes which being setled vpon the reasons drawne from the law of nature are neuerthelesse vpon due consideration of circumstance restrained and abridged from their generall force in women yoong men old men soldiers clearkes scholers husbandmen artificers and such like which all to diuerse intents doo by the disposition of wholesome lawes enioie priuileges immunities and exemptions and * Vide gl in § sed naturalia instit de iure naturali yet the reasons of the said generall lawes are thereby neither impugned altered dispensed with nor released Whereby it is withall verie euident that this reason of his dooth not follow Bicause the reasons forbidding pluralities are taken from the law of nature and of God Therfore no man can dispense with the said reasons but he that may dispense with those two laws For séeing a law may be vpon circumstances dispensed with or altered whereof the generall reason or ground is not touched whie may not in like maner the reasons against pluralities be limited and restrained though that law wherevpon those reasons be grounded be no waie impeached Which reasons against pluralities how well they be grounded vpon the law of nature shall also in his due place appeare The first part of his Minor That none may dispense with the law of God if it be vnderstood that such things as he hath perpetuallie and inuiolablie commanded to be obserued no man may by any authoritie omit nor such as he hath likewise forbidden by any man be put in practise it is verie true and vndoubted Yet it is as vndoubtedlie true on the other side that manie humane actions may without spot of impietie varie and be otherwise ruled and directed in common-weales than is reported by scripture in like cases to haue béene obserued For * Matth. 19. though from the beginning it were not so wherby is signified that it swarued from the integritie of the law of God and puritie of nature yet did Christ partlie excuse the dispensation which Moses gaue to the Israelits for putting awaie their wiues vpon any mislike In the * Exod. 22. law of God theft was but punished with restitution of two-fold or foure-fold and * Prouer. 6. séemeth to be much qualified as not being so heinous a sinne in respect of adulterie yet neuertheles our law which punisheth the one by death and the other too mildlie indéed is not therefore by the word of God condemned By the law of God confirmed againe by our sauiour Christ all matter of controuersie was * Deut. 17. Iohn 8. ordered according to the depositions of two or thrée witnesses notwithstanding our trialls at the common law by twelue lawfull men being like to Pedanei iudices in the ciuill law and Pares curiae in the Feudall law not alwaies lead by two witnesses but sometimes by one and sometimes by none but onelie by violent presumptions gathered vpon the words of the witnesses are both tolerable and lawfull Likewise
passe or exceed least he fall of necessitie into these damnable vices But if there be such a tax what may be said then of such as albeit they haue two benefices are yet far vnder a mediocritie and which if they might haue six mo of such liuings as they haue should not yet reach vnto the value of some one benefice Shall we saie he which hath but one such great one is free from this danger and he which hath two though neuer so little ones shall be caught with ambition for aspiring to such an high honor and be touched with couetousnes by the great temptation of such notable reuenues as peraduenture will not make his pot séeth twise in a weeke Naie if these sins must necessarilie take hold of him that hath euen two of the fattest in England by reason of the quantitie of the reuenue of them and if the rest of his reasons be also in this point good and effectuall then shall the like stint of liuing in all men as well laie as ecclesiasticall be simplie condemned as being against the law of God and of nature for feare of necessarie staining of them with ambition couetousnes theft murder dissolutenesse breach of order But if the quantitie of ground or number of the parishioners to be instructed be the efficient or formall cause of producing necessarilie such foule effects then should he likewise haue cast out his modell of ground and proportion of euerie flocke which may not be exceeded and should haue shewed vs how farre the large parishes which we haue in sundrie places ought to be shred off lopped pared and therby reduced to the Comelines and decencie which he fansieth And also how this deuise may stand with theirs and his owne platforme which would haue diuerse parishes vnited into one And likewise why one may not haue two parishes by the name of two as some by law therevnto allowed haue at this time as well as by the new guise and deuise to allow the same man three or foure parishes in déed but vnited together and called but one For the Abstractor maketh no difference in this treatise whether the benefices doo ioine together or be disioined by anie distance for he indefinitlie dooth condemne the hauing of mo benefices than one howsoeuer they be situat And herevpon it would follow that it is more méet that all the parishioners though in the foule and short daies of winter how old and crasie soeuer they be of thrée or foure parishes as they be now distinguished should take the paines to assemble themsolues into one place to heare their minister rather than he should come vnto them and teach them at home in their parish churches as they now doo lie in seueraltie But if the diuiding of his auditorie and teaching them at sundrie times be the verie efficient or formall cause of this heape of enormities and the onelie thing which misliketh him then truelie besides that it can not be proued or yet imagined how the diuision of a mans auditorie should make the minister guiltie of such crimes he must also likewise condemne those which doo teach and instruct seuerall families at home and apart from the rest of the bodie of that congregation Also we must hereby disallow all chappels of ease whersoeuer some of which as I haue crediblie heard are in some places 6. 7. or eight miles distant from their parish church And by the like reason if all diuiding of a mans auditorie be so vnlawfull it will follow that the minister is much to be blamed which teacheth not all his parish at one time though in deed necessarie occasions of businesse falling out doo draw sometimes one and sometimes another into other places abroad and doo deteine those which be seruants verie often at home whereby it is not possible to teach them all at once And therefore we may conclude safelie that the hauing of mo benefices dooth not formallie or efficientlie infer anie of those faults which the Abstractor by the misvnderstanding of the canon law would needs inforce and that therevpon the Antecedent of his reason is to be denied And yet further these reasons taken as he saith from the law of God whervpon the prohibition of pluralities is grounded and those second causes of one mans enioieng the stipends of many of his vnabilitie to discharge manie charges of the hinderance of other from dooing good in the church being causes as he affirmeth vntrulie of nature are not simplie and absolutelie alledged by the law as may appeare by the discourse afore as things incident to any enioieng of mo benefices but onelie then when as the partie which so reteineth them is not qualified sufficientlic nor dispensed with therevnto according as law requireth And therefore his collection is a fond Paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by taking that as simplie and indistinctlie spoken which is limited and restreined onelie vnto certeine offenders of law in that behalfe And he might with as great probabilitie gather bicause coining is by law forbidden as high treason that those who by authoritie are therevnto appointed doo breake that law Or bicause such who seise into their hands fellons goods or wreckes happening in their lordships are vniust men and punishable for taking that which belongeth onelie to hir Maiestie that those therefore are also wrong-dooers who enioy the same by speciall grant or priuilege from hir Highnesse or hir predecessors in reward of theirs or their predecessors good seruice But the Abstractor in effect here confesseth that all these great crimes in the canon law were but obiected against such as reteined mo Benefices without dispensation and therfore by the perfection that is required in vs he would threap kindnesse of vs that for vs to enioy more than one benefice by dispensation is To defend all those horrible sins and impieties as tolerable by dispensation In which respect he asketh vainelie whether A dispensation from a Pope or an Archbishop can make theft no theft c. Wherein though it please him to ioine in the poisoned cankerdnesse of his malicious stomach the pope and the Archbishop together who is I dare sate as far and that is far inough from poperie as the pope himselfe either yet the Abstractor are from christian modestie and charitie Yet if he had but common sense which now is drowned in malice he might haue remembred that a dispensation dooth not make a thing which is simplie vnlawfull to be thereby lawfull but declareth the rigor of some generall positiue law weied with all particular circumstances and the reason thereof vpon especiall grounds considerable in that case and at that time to cease or else worthie to be released and to leese his force as being in such a case without the meaning of the law And yet it is shewed afore that the enormities which he speaketh of are not by law attributed to the hauing of mo benefices simplie but when they are enioted contrarie to law nor euen then as
inioy seuerall lordships or any inequalitie of possessions and substance whatsoeuer bicause manie of The poorer sort might liue of such possessions in one mans hand well and honestlie in the common-wealth which is a bitter roote of the wéed of Anabaptisticall equalitie and communitie The last reason which he bringeth for proofe of his second Minor is taken from the conueniencie of fulfilling the deads wils and testaments as though all foundations and dotations of churches had béene by last wils and testaments onelie established and as though they had especiallie regarded by their said wils the seruing of those churches by pastors continuallie resiant and not hauing anie liuing elsewhere But I praie you how was it lawfull for the latter men to alter the wils of the former founders by making new distinctions of parishes and allotments of liuings if other parishes and liuings were established before as he absurdlie seemeth to fansie euen by God himselfe And why should he be so carefull for the fulfilling of their wils who for the most part in time of ignorance in regard onelie of massing for their soules rather than for teaching of the people and vpon opinion of meriting heauen thereby did erect and endow churches perhaps with some little glebe though the chiefest benefit doo arise by tythes Seeing he is of opinion that a matter grounded vpon anie cause or reason is of like nature and His reason retorted vpon himselfe condition with the reason it selfe so that if the cause and reason wherevpon they grounded their building and endowment of churches be impious then euen the things themselues shall be stained with like impietie and not woorthie thus to be tendered by him But this his supposall is in deed a verie weake and slender coniecture not worth the name of a presumption and meerelie consisting in fact without proofe And it might be better gathered seeing pluralities within these last six hundred yéeres in compasse of which time most churches haue béene built were verie rife as may appeare by lawes especifieng multitudes of benefices incroched and reteined without all licence or toleration that patrones of churches could not be ignorant thereof and therefore meant to prouide for no such matter which otherwise they would haue expressed and met with either in dotation composition or by testament And hee might with more colour vse this reason euen against the iust dissolution of religious houses being directlie and expreslie contrarie to the mind of the founders yet with no better authoritie warranted than dispensations for pluralities both of them euen by act of parlement And therefore as the three seuerall Minor propositions of these his last syllogismes built vpon these vnsure and feeble grounds for the proofe of the Minor in his second syllogisme afore are to be denied so are the verie Maior propositions all thrée brought as grounds to build the other vpon as weake themselues as these which should be vnderpropped by them For the great riches of some few is no small occasion why some other doo want which might haue more plentie if all the wealth of the richest in the land were distributed abroad in the world and yet are they necessarie for the profit and conseruation of the common-weale which consisteth by inequalities as the wise doo know which may serue also for answer of his second Maior although he which by especiall priuilege hath some two liuings assigned vnto him can not properlie be said to enioy manie mens liuings or any more than that which is his owne by law The like is to be affirmed of the dispositions in last wils and testaments as though whatsoeuer did preiudice them being made to lawfull and holie vses could not be accompted necessarie to the welth and profit of the realme For if a man would deuise and bequeath to neuer so lawfull and holie vses his lands holden In capite in chiualrie or entailed or another mans lands or goods which course is allowed of by the ciuill law yet is it thought necessarie in law for the wealth and profit of this land that in some part the one and that the other should wholie be encountered So dooth the ciuill lawe disannull and reuerse a testament contriued neuer so solemnelie or to how good and godlie vses soeuer if the testators sonne be omitted or be without iust cause disinherited in it or if a some be borne within ten moneths after his death of the bodie of his wife Thus hauing as shortlie as I could run ouer his reasoning it resteth to shew that by the statute law of this land which is the iudgement of the whole church common-weale representatiuelie dispensations for pluralities are lawfull First the * 21. H 8. ca. 13. statute 21. Hen. 8. saith that men so qualified as is there prescribed may take and receiue two benefices with cure of soule by dispensation and therfore it cannot be vnlawfull But if it be answered as the Abstractor goeth about to doo that all * 25. H. 8. ca. 21. dispensations are by a later statute restrained sauing such as be not contrarie or repugnant to the scriptures intending withall this kind of dispensation to be vngodlie and against the word of God this may be refelled easilie by the preamble of the said latter statute where it is affirmed To stand with naturall equitie and good reason in all and euerie lawes humane made within this realme or induced by custome that the parlement should haue authoritie not onlie to dispense but also to authorize some elect person or persons to dispense with those all other humane lawes of this realme and with euerie one of them as the qualities of the persons and matter shall require Now the iudgment of the parlement is that the lawes prohibiting one man to inioy mo benefices are but humane agréeablie vnto that which to this end I haue set downe but namelie in the glosse last before alledged and therefore that it may be dispensed with it is hereby verie euident in that this latter statute calleth all these dispensations so authorized An ordinance by policies necessarie and conuenient and dooth againe establish the act for dispensations in these words That the same act for pluralities non residencies of benefices euerie thing therin conteined shall stand good and effectuall to all intents which they could not without manifest contrarietie newly strengthen if these prohibitions of mo benefices were not by humane law onelie but had béene prohibited also by the law of God himselfe 15. Sect. Pag. 135 136 137 138 139 140. THE Minor proposition of the third syllogisme pag. 133. that It is not for the honor and suertie of hir Highnes person to leaue any maner of authoritie for the Archbishop to dispense he goeth about to prooue bicause the statute conteineth A contrarietie and absurditie And before he come thus farre he affirmeth that this is To set an English Archbishop in the roome of the pope ouer the king and his subiects and to
respect him more than the dignitie and preeminence of a christian king As though that which was giuen by parlement were vsurped or he that claimeth it not as inuested or incident vnto him by anie right but as a trust recommended vnto him by the whole realme whose minister he is in this respect could be iustlie said to haue preeminence aboue the king For the Abstractor might as well gather that the Lord Chancellor hauing manie great and weightie matters of confidence and trust by parlement and the common law laid vpon him as namelie Vpon complaint made that the Archbishop refuseth to grant dispensation to any person that of a good iust and reasonable cause ought to haue the same to direct a writ inioining him vpon a certeine paine by his discretiō to be limited to grant might therefore be said to haue preeminence hereby ouer the Archbishop and consequentlie by his collection ouer the Queenes Highnesse But before I come to the examination of the proofes of his Minor I must put him in mind that his Maior is vntrue For neither is the statute prohibitorie of all dispensations Corrupt collectio◠of the statute not Conuenient for the honor suertie of hir Highnesse neither yet as hath beene afore shewed doo those words reach anie further than to dispensations in vnaccustomed cases for the princes owne person The Absurditie and contrarietie he saith is first in this point bicause The Archbishop is authorized to grant dispensation vnto the prince in such cases as haue bene accustomed to be granted at the See of Rome whereas the pope was neuer anie lawfull magistrate in the church of God and therefore euerie dispensation granted by him was against the law of God as granted by one that was no member of the church of God Trulie my wits be passing dull which can not perceiue how these doo hang togither Might he not haue beene a member though he were not head of the church Or dispense with some humane law without breach of Gods law Or might it not be that dispensations were accustomablie granted by him though he were not head of the church Or might it not be that dispensations were accustomablie granted by him though he were not a lawfull magistrate or dispenser Or may not the Archbishop by lawfull authoritie committed vnto him dispense in such humane lawes as hath beene accustomed though the pope were an vsurper herein Or lastlie if all these were admitted dooth it here vpon follow that there is a contrarietie and absurditie in the statute Assuredlie he had néed to be a kind and tender-harted man that will yeeld himselfe to be ouercome with such reasons His second reason for proofe of the contrarietie is to this effect Dispensations for vsurie periurie incest adulterie c were accustomablie granted at the Sée of Rome But dispensations for such crimes are against the word of God Therfore such dispensations as were accustomablie granted at the Sée of Rome were contrarie to the word of God Which is a verie childish Ignorance of the elench concluding of meere particulars and therfore neither in mood nor figure of argument For although some were such that were there granted yet it dooth not follow that all dispensations from thence were of like nature but the Archbishop by authoritie of that statute may dispense with none but such as be not against the word of God But here the Abstractor hath ioined with such as vndoubtedlie are against the word of God Non residencie and manie benefices The latter whereof is the matter in controuersie whereby this is Petitio principij and the first can not be dispensed with during life for that the * 1. H. 8. c. 13. statute maketh such dispensations void subiecteth the partie vsing them to a grieuous penaltie But where he maketh Not eating flesh in Lent to be a matter repugnant to the law of God whereby he inferreth such dispensation to be vnlawfull he must needs confesse that he was in his fit and knew not what he said for if to absteine from flesh in Lent vpon cōmandement and by positiue and politike ordinance be as he saith Superstitious and a matter repugnant to the law of God then as it séemeth should a dispensation to doo it which restoreth the former libertie of eating flesh be more agréeable to Gods word and the more meet to be vsed But neither eating nor yet not eating of flesh at anie time is of the law of God Quia esca nos non commendat Deo neque regnum Dei est in cibo potu nihil quod intrat in os coinquinat hominem so that to dispense herewith either to eat or not to eat can not be vnlawfull And that this obseruation of fishdaies is but a politike constitution it is * 5. Eliz. c. 5. explaned elsewhere by act of parlement whereby also he and others which shall affirme otherwise of the intent of the prohibition to eat flesh on certeine daies are to be punished as spreaders of false newes But at the last he stumbleth vpon the right interpretation that the Archbishop ordinarilie is but to dispense with matters accustomed to be dispensed with at the See of Rome and not then simplie but onelie so farre forth as they were not contrarie or repugnant to the word of God Whereby he straight inferreth besides those which are afore spoken vnto that he is not hereby Intituled to dispense for simonie Non residencie mariages in Lent c bicause those are matters he saith repugnant to the law of God Touching simonie it can not be denied but it is a greeuous fault yet forbidden by the positiue law of man onelie albeit Canonists for the most part haue deriued it from the offense of Simon Magus and hath his grounds and reasons verie weightilie deduced from the law of God and the light of nature Notwithstanding our author hath almost wholie qualified and dispensed with it as much as he could with little honestie in his first treatise namelie By right of couenants by the well liking of the people by a good fire in the hall once in a yeare and by a slyuer of bread at the patrons doore But if Non residencie be against the law of God absolutelie and directlie and not by euent and consequence onelie then must it be against some of the ten commandemeuts and thereby will it follow that as vpon none occasion anie of them may be transgressed so will it be sinfull for a man vpon anie cause whatsoeuer at anie time to be awaie from his benefice though it were but an houre no more than a man may kill for an houres space Lastlie where he affirmeth Marriages in Lent to be repugnant to Gods law and therfore not dispensable except he will acknowledge that he was in his melancholike mood in a little house hard beside himselfe he may happen for this saieng to be grauelie censured by the eldership where he hanteth But if the prohibition of marriage for some
vpon one not able to preach reteining by couenants all sauing a little and procuring quarter sermons to be preached for him as to bestowe it freelie vpon a great learned man that either will not or dooth not preach but hireth one as ignorant as the patrones clearke to serue it Trulie if he that can either doo not preach at all or not so diligentlie as were conuenient though the difference be a great deale lesse than all good and carefull men could wish yet is there other so great differences that he néeded not to haue béene 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or to haue béene stroken so dumbe as our author like a merrie man dooth fansie First the one hath positiue law of the land to warrant it the other hath none In the one the patrone dischargeth the part of an honest man and according to the trust reposed and the person that might performe dutie and will not is onelie to be blamed but in the other the patrone for his owne filthie lucre is content both that the people doo remaine during the persons life without all hope of féeding that the person by wilfull periurie which he procureth and abetteth doo become * 〈◊〉 q. 1. c. si quis quinque ca. seq not onelie irregular euer after but also to hazard without Gods woonderfull mercie * c. presbyter â—i 1. q. 1. eternall damnation Againe in the one the Person onelie bereaueth the people of their spirituall comfort in the other they are not onelie bereaued of this but the patrone robbeth both them and the person of their goods wherevnto neither by Gods law Ciuill Canon nor Common he hath or can haue any interest and in the meane time the person is his abbettor in this robberie Lastlie in the one there may be hope that he may doo good hereafter séeing he is able either by constraint or for conscience and yet in the meane time he is considered with that as with an exhibition for his paines and trauell before susteined in studie but in the other as there is no cause to recompense his former trauels so is there small hope of his atteining to that sufficiencie which is supposed to be in the former But in case he should atteine to such abilitie and accordinglie put the same in vre then should he haue a double iniurie both to haue made shipwracke of his conscience and after to be depriued by the patrone of the deserued fruit of his labours But our author cleane contrarie as not so greatlie misliking couetous patrones and such of them as are come to that impudencie as to make vnto their wiues assurances of a certeine annuitie after their deaths to be leauied out of a presentatiue benefice least perhaps he should pull some of his owne dearlings by the nose auoucheth the corrupt dealing betwixt the gréedie coruorant patrone and the néedie simple snake To be lesse hurtfull to the common-weale and lesse sinfull to the Lord than the other Wherein he dealeth like himselfe thus to extenuate the most present poison and most dangerous canker that sretteth awaie the number of students of diuinitie from the church in these daies of any other pestilent practise whatsoeuer and thereby to so we cusshions vnder their elbowes and to lull asléepe in the bed of securitie those his clients who vnder an hypocriticall pretense of disburdening themselues of the cares and troubles in gathering vp their duties are as readie rather than faile of liuing corruptlie to share with their patrones as their patrones are precise and exact in omitting nothing that may fill their pouches though it be with the spoile of the church and the steine of their ministers conscience Lesse hurtfull he saith it is to the common-weale bicause of the patrones hospitalitie and releefe of the poore of the parish by this meanes And is indéed the patrones liberalitie so strait laced vp that his house shall hold of our ladie and that he will giue nothing for Gods sake except he may haue the personage barne to make the dog in his mill to barke and the tieth wood of the parish to make The poore a fire once a yeare in his hall Trulie this is nothing else but to bring the price of a dog into the Lords sanctuarie But what if the patrone dwell farre off Or the parish where he dwelleth be almost dispeopled Or what if it may be trulie answered that the most Non residents kitchins be oftentimes in the yere not cold as his dogs nose is but as hoat as his owne shall not his dog-bolt reason taken from a dogs snowt be laid asleepe till some bodie helpe it vp As for his other inuectiue for carrieng the reuenues arising in one place vnto another I hope he will no more vrge it in them as hurtfull to the common-weale than he may doo in temporall mens liuings or in the liuings and exhibitions of some ecclesiasticall men his fauorites And whie not I praie you without damage to the common-weale out of Ireland to Cambridge as well as from London to Germanie Out of Wales into Oxenford as out of Wales into Warwikeshire From beyond Lincolne to Salisburie as from besides London to Gernsey And from besides Leycester to Carlil in Cumberland as from Kent or Northfolke into Northamptonshire Lesse sinfull he saith also it is to the Lord bicause the patrone enioieth his right by couenants good-will of the in cumbent and oftentimes with the consent of the people whose clearke they willinglie receiue to be placed among them But admit these reasons were true yet hereof it dooth not follow that It is lesse sinfull than non residence is for the non resident taketh no oth by the Ordinarie for his residence as he falslie yet boldlie auoucheth but all that be instituted either take or ought to take the oth for not committing simonie by themselues or others by their priuitie either directlie or indirectlie As for the promise of residence to the patrone it is a thing in fact and presumed not lightlie onelie but also vainclie by the author being more probable that the patrone if he were so desirous of the persons continuall companie would bind him sure inough from starting yet if it were made and broken the foulnesse of this sinne will not counteruaile hainousnesse either of periurie in the person or of theft and pilfring by the patrone For how can he before God be exempted from the guilt of theft which enioieth ecclesiasticall liuing without warrant either of Gods law or mans law That which he saith of non residence simplie to be both against the law of man and ordinance of God remaineth more aptlie to be discussed in another place But as touching the consent of the people who no doubt giue a verie free consent to allow well of him whom their patrone liketh for his gaines sake and whome they dare not mislike for feare of the patrones displeasure as it is neither required by Gods nor mans law so dooth it make