set foorth primo Elizabeth the aduertisementes and articles set foorth septimo Elizabeth and this statute being made 8. Elizabeth and so since doth bounde and limit the meaning of the iniunctions and aduertisementes For whereas before the names were vsed in them confusedly this statute doth aptly distinguish them applying properly euery proper office to his proper officer and bringing those names before recited vnto two principal heades For though there be parsons Vicars Curates ministers generally in the Church of whom mention is made in the iniunctions articles and aduertisementes Yet these and euery one of these must by this statute be either a Deacon or a minister specially And beeing a Deacon he ought to execute the office of a Deacon and being a minister the office of a minister by this statute and so a Deacon if he be a Parson vicar or Curate he must execute the office of a Deacon onely that is he must read the scriptures and Homilies by this statute Likewise a minister if he be a Parson Vicar or Curate he must minister the doctrine and sacraments and discipline of Christ he must be a dispensor of the word of God and he must preach onely and yet in saying that he must preach onely I do not exclude him from doing those other dutyes Sine quibus illud fieri non potest Without the which he cānot preach as frō reading the scriptures and praying with the people but I exclude him from those thinges onely which are not incident to his office as from reading of Homilies for he may preach and neuer read Homilies but he can not preach profitablie vnlesse he reade the scriptures and vse prayer What will you then by law positiue barre all ministers that be Parsons Vicars or Curates and yet can not preach from reading Homilies I aunswere that whether they can preach or can not preach Currat lex Let the law runne and let him that hath defiled his handes by laying them vppon such a one contrary to the commaundement of the Lorde and contrary to the lawes of his gouernour vnder whom he liueth and by whom he hath his preferment holde vp his guyltie handes vnto the Lorde for mercy in the day of the Lord and fall downe before hir highnesse for hir gratious pardon in so abusing hir highnesse lawes And to the ende you may see more apparauntly these two offices by the lawe it selfe to be thus distinguished I haue set downe the Bi. wordes pronounced by vertue of the statute vnto the ministers as followeth You haue hearde brethren as well in your priuate examination as in the exhortation and in the holy lessons taken out of the Gospell out of the wrytinges of the Apostles of what dignitie and of how great importaunce this office is whervnto yee be called and moreouer exhort you in the name of our Lord Iesus Christ to haue in remembraunce into how high a dignitie and to how chargeable an office yee be called that is to saye to be the messengers the watchmen the Pastours and the stewardes of the Lorde to teach to premonish to feede and prouide for the Lordes familie to seeke for Christ his sheepe that be dispersed abroade and for his children which be in the middest of this nuaghty worlde to be saued thorow Christ for euer haue alwayes therefore printed in your remembraunce how great a treasury is committed to your charge for they be the sheepe of Christe which he bought with his death and for whom he shed his bloud the Church and congregation whom you must serue is his spouse and his body and if ye shall see the same Church or any member thereof to take anye hurt or hinderauuce by reason of your negligence yee know the greatnesse of your faulte and also of the horrible punnishment which will ensue Wherefore consider with your selues the ende of your ministerie towardes the children of GOD towarde the spouse and bodie of Christe and see that yee neuer cease your labour your care and diligence vntill you haue done all that lyeth in you according to your bounden duetie to bring all such as are or shall bee committed to your charge vnto that agreement in faith and knowledge of GOD and to that ripenesse and perfectnesse of age in Christe that there be no place left among them either for errour in religion or for viciousnesse in life As here you see the whole summe of the office of a Minister recited by Act of Parliament and pronounced by the Bishoppe So in the whole action of ordering Ministers both the bishops interrogatories and the parties aunsweres and all tende to admonishe the Minister still of his duetie in teaching and instructyng the people and in preaching Where the whole action of ordering Deacons tendeth to admonishe the Deacon of his office in reading As thus Will you diligently reade the same vnto the people assembled in the Church where you shall be appoynted to serue Answere I will And againe It pertaineth to the office of a Deacon to read holy scriptures and Homilies in the congregation And againe take thou authoritie to execute the office of a Deacon in the Churche of God and take thou authoritie to reade the Gospell in the Church of God And thē one of them appoynted by the Bishop shall reade the Gospell of that day And no doubt the whole house of Parliament had a singular care to haue these offices distinguished by their lawe euen as they are distinguished by the lawe of Christe him felfe as appeareth both by the places of scripture appoynted by the statute to be reade for euery office And also by appoynting the prouision for the poore vnto the Deacons And furthermore it is his office sayth the bishop by the same statute where prouision is so made to search for the sicke poore and impotent people of the parrishe and to intimate their estates names and places where they dwell to the Curate that by his exhortation they be relieued by the parrishe or other conuenient almose And therefore I conclude againe that the Bishop can no more appoynt the office of prouision for the poore vnto a Minister then he can change or alter an Act of Paliament And therfore that he can no more commaunde a minister to reade Homilies then hee can commaunde him to make prouision for the poore For as touching these wordes towarde the latter ende of this action Take authoritie to preache where thou shalt be appoynted Whereby they take holde no otherwise to suffer them to preach then as they shal be licensed afterward by wryting hath neither head nor tayle They make by their fauourable patience a construction thereof without all ryme or reason They expounde Where which is a worde signifying place and referred to a place for When which is a worde importing time But had this worde When beene placed insteed of Where they might perhaps haue had some cloak for the raine for so the worde When and the word Shalt might both haue
If no deceit on the part of the demaÌ„dant haue bene vsed but the thing it self hath in it deceit it is all the self same one case with the former For wheÌ„ so euer any man shal make a demand by vertue of that coÌ„tract in asmuch as he doth demaÌ„d it he doth it by deceit As for exaÌ„ple suppose I haue boght in good faith without collusion of you a peece of Plate for lesse then the one half of the iust value therof as suppose for 8. Pound which was worth 20. po afterwards I couenaÌ„t with you simply you promise to deliuer me the same plate in this case if I sue you for the deliuery of the plate you may vse an exception of guile against me because I deal deceitfully in demaÌ„ding the performance of a coÌ„tract which in it self coÌ„teineth iniquity For this coÌ„tract it self is against the equity of lawe prouiding that a man should not be so vnprouident in selling his goods as to sel theÌ„ vnder the one half of the iust value And therfore in this coÌ„tract being against law appeareth a manifest iniquity because the plate being worth 20. Pounds was solde by you for 8. Pound a lesse sum then 10. pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more playne and so to apply it to my purpose bona fides good Fayth in this contract ought to be in this sort You for your part and I for my part and we both ought in trueth to think and bee of opinion that you haue interest right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Byshop and the party because the Byshop oftentimes knoweth the partie that is to be made a minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a minister knoweth himselfe vtterly voide of those graces and gyftes which ought to be in him and therefore cannot beleeue him selfe to bee truely called or mooued to that office by the holy ghost And because they both know that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke shoulde be I say therefore that good fayth wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bounde by lawe to the other to the perfourmance of the same therfore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to bear with their collusioÌ„ ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag co Non debet alterius collusione aut inertia alterius ius corruÌ„pi No maÌ„s right oght to be impayred by collusion or slouth of another Fraus dolus nemini patrocinari debet deceit guyle ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari No man can be bound to a thing impossible and that Impossibilium nulla est obligatio of things impossible there is no band ff de reg in l. impossibilum Extra de reg nu in malis And that In malis promissis fidem non expedit obsernari It is not expedient that Fayth be kept in wicked promises I conclude that the impossibility or iniquitie of condicions to be perfourmed by him that is made a Minister make the contract betweene the Byshop and him meerely voide and of none effect in Lawe The impossibilitie of the contract made betweene the Bish â—nd the minister cause that the contract is voyde And that the Byshoppe according to the true intent and meaning of the Lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiecte agaynst him in this sort You A. B. Parson of C. about twentie foure yeeres passed at what time I had appoynted a solemne day for making of Deacons and Ministers had called by my Mandat men meete to serue the Lorde in his holy seruices to teach his people and to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and fayre shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you woulde instruct them faythfully and exhort them diligently in the doctrine of Saluation by Christ in holinesse of life that you would exercise his Discipline according to his commaundement and that you woulde bee a peacemaker And all these thinges you faythfully promised and tooke vpon you to performe ioyning your selfe openly to the Lordes people in prayer with a solemne vowe Nowe so it is as I vnderstand by your demeanor euer since that in trueth you had no other ende but to steale a liuing from the Church though it were with the murther of many soules You dishonored the Lorde you made an open lye in his holy Congregation you circumuented mee by guyle and by crafte deluded me you haue euer since falsifyed your worde You haue not preached one Sermon these many yeeres you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkarde anye breaker of the Lordes Sabbothes you haue beene and are a quarreller among your neyghbours you cite them to my consistorie for toyes and tryfles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you ment no good faith at the firste you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lords most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part mooned by a good conscience and for the same my conscience sake to discharge my duetie to the Lorde haue summoned you publikely lawfully and rightly to disposse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neyther ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you playne that herein I will both saye and doe that thing which the noble and wise Emperour sometimes both sayd and did in a
them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant Hee cannot put away other mens sinnes whom his owne Sinnes deuour And againe Pericutosum est decentiae ecclesiae in scandalo populari It is dangerous for the Decencie of the Church to be in any publique slaunder or offence 83. distinc nihil Agayne Malus praelatus dicitur lupus rapiens praedam An euil prelate is sayde to be a Wolfe rauening his Praie 2. q. 7. Qui nec He is sayde to be Canis impudicus propter defectum regiminis A shamelesse dog for want of gouernment 2. q. 7. Non omnis He is sayde to be Coruus propter peccatorum nigredinem As black as a Rauen for the foulenes of his sinnes He is saide to be Sal infatuatus ad nihilum proficiens Vnsauory Salt profitable for nothing 40. dist In mandatis Glos lind de offic Archipres c. fin v. canss He is sayde to be Porcus A Swyne He is sayde to be Capo A Capon because as a Capon can not Crowe no more can a dumb Praelate 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 he exerciseth not the office of a Prelate These Canons constitutions not contrariant or repugnant to the lawes statutes or customes of this realme neither derogatory to her hignesse crowne and dignity â—…d therfore authorized by act of Parliament ought to haue beene better knowne and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue been But yet besides these former decrees lawes and ordinaunces and the seuerall reasons principles and maximes whervpon they were first grounded there remayneth somewhat more behind diligeÌ„tly to be coÌ„sidered the which thing the more earnestly euery man shal rightly weigh the more may he be astonished A thing don in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very hayre of the heades of the standers by stare not for feare least the Lorde in his righteous iudgement should execute his terrible vengeaunce vpon them Thus standeth the case some pastorall church or churches being destitute of a Pastour or Pastours to feed the people a solemne assembly and conuocation of the chiefest of the gouernours of the church must be gathered togeather and that not in an angle of a poore country Village but in the chiefest city of the Diocesse that not on a workday but either on the Lordes day or on some other of their own festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lorde an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meet and acceptable for his maiestie euen men meet to serue him in his spirituall warres and to be Pastours to feede his people with spirituall food of his holy word men meet to take vppon them the most highest and most noblest callinges that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy gospell This I say is the action wherof deliberate consideration is to be had and whereof followeth a discourse and wherin 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 them selues bleare the 〈◊〉 of others and which is most execrable as it were mock and delude the Lorde to his face Well then let vs consider what is done herein In the time of that vertuous king Edwarde the sixt an order and forme was appoynted 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 approoued in the eight yeare of hir most excellencies raigne The wordes of the statute are these And that such order and form for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons and Ministers as was set foorth in the time of the sayde late King and authorized by Parliament in the fifth and sixth yeare of the sayde late King shall stande and be in full force and effecte and shall from hence foorth be vsed and obserued in all places within this Realme and other the Queenes maiesties dominions and countreis The title of the booke is this Ordering of Deacons The forme and maner of making and consecrating Bishops Priestes and Deacons And first to intreat of Deacons according to the forme of the booke you shall vnderstande that in the order and forme of making Deacons three thinges principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstaunces 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 cryme 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 Fifthly he must beleeue all the Canonicall scriptures Sixthly he must be diligent in his calling Seuenthly he must be inwardly mooued to that office by the holy Ghost And as touching the circumstaunces First he must be called Secondly tryed Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his deputie Fifthly he must be made on a Sunday or holy day Sixthly he must be made openly in the face of the Church where must be an exhortation made declaring the dutie and office as well of the Deacons towardes the people as of the people towardes the Deacons Lastly touching the office committed vnto him it is First to assist the minister in deuine seruice Secondly to reade holy scriptures and Homilies in the congregation Thirdly to instruct the youth in the Catechisme â—ourthly 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 almes The forme of ordering Priestes COncerning the making of Ministers not onely all those things before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaundes and answers following must be made and giuen Bishop Doe you thinke in your heart that you be truely called according to the will of our Lord Iesus Christe and the order of this church of England Answere I thinke it Bishop Be you perswaded that the holy scriptures contayne sufficiently all doctrine required of necessitie
licēce of the Bi. vnder his Seal though hir Maiest most excellent name be vsed by the publishers of the saide aduertisemēts for confirmation of thē that they affirme hir M. to haue cōmanded them therevnto by hir highnes Letters yet because the book it selfe cōmeth forth without hir M. priuiledge is not printed by hir M. printer nor any in his name therfore it carrieth no such credit and authority with it as whervnto hir M. subiects ar necessarily bound to subscribe hauing other laws other Iniunctiōs vnder hir M. name authorized by hir M. priuiledge cōtrary to the same For hir M. by hir Iniunctions cōmādeth euery minister to preach within his own cure without licence as before you haue hard But let vs go forwarde It hath bin shewed before that euery one to be made a Deacon or a minister ought to be called tried examined known to haue such qualites as were requisite that mentiō also hath bin made of the face of a church of the latine tong of many other circūstances necessary to that actiō al which things set down rather generally thē particularly described require a larger discourse Panormitan the Doctors vpon the ciuile and Canonicall law haue these conclusions Ex. n. ca. dictus de consuetu nu 2◠Statuta debent interpretari secundum 〈◊〉 commune siuè debent interpretationem recipere à iure communi statuti verba dubia debent interpretari vt minus ledat ius commune quà m sit possibile Statutes ought to be interpreted according to common law or statutes ought to receiue their interpretation from common law and doubtfull wordes of a statute ought to be so construed that they be as little preiudiciall to the common law as is possible Out of which conclusions I collect this rule Namely that where a statute shall establish an office practized and had in vse before the making of the statute and shal require a calling a triall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kinde of calling of tryall of examination and such qualities c. That then such maner of calling of tryall of examination such qualities are requyred by that statute to be in such an officer as by common right were requisite for such an officer before the making of that statute And because by the viewe of the former order it selfe it is very apparant that the same forme and order was appoynted by men very desirous to promote as much as in them lay the honour and glory of God and to abolish all superstitions and trumperies brought into his Church Therefore because I ought by dutie to conceiue their meaning to the best and most agreeable to their profession I say that they ment herein onely such calling such triall such examination and such qualities as are requisite to be in a Deacon and in a minister by the lawe of God Which is euident both by the order of prayer vsed at the time of their orderinges and also by the scripture read for that purpose The prayer followeth Almighty God which by thy diuine prouidence hast appoynted diuers orders of ministers in the Church and diddest inspire thine holye Apostles to choose vnto this order of Deacons the first martyr S. Steuen with other mercifully beholde these thy seruauntes nowe called to the like office and administration replenish them so with the trueth of thy doctrine and innocencie of life that both by worde and good example they may faythfully serue thee in this office to the glorie of thy Name and profite of the Congregation thorowe the merits of our Sauiour Iesus Christ who liueth and raigneth with thee and the holy Ghost now and euer Amen After this prayer followeth the Epistle out of Timothie Likewise must the Ministers be honest not double tonged not giuen to much wine neyther greedie of filthie lucre but holding the Misterie of the fayth with a true conscience And let them first be prooued and let them Minister so that no man bee able to reprooue them Euen so must their wiues be honest not euil spekers but sober and faithfull in all things Let the deacons be the husbands of one wife and such as rule their children well and their owne houshouldes For they that minister well get them selues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the 6. of the Acts. Then the twelue called the multitude of the Disciples together and sayde It is not meete that wee shoulde leaue the worde of GOD and serue tables wherefore brethren looke yee out among you seuen men of honest report and full of the holy Ghoste and wisedome to whome wee may commit this businesse but wee will giue our selues to continuall prayer and to the administration of the worde And that saying pleased the whole multitude and they chose Steuen a man full of fayth and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas Nicolas a conuert of Antioch These they set before the Apostles and when they had prayed they laide their hands on them c. The Communion ended shall be saide this Collect Fol. 1. pag. 8. ALmightie God giuer of all good thinges which of thy great goodnesse hast vouched safe to accept and take these thy seruauntes vnto the office of DEACONS make them wee beseeche thee O Lorde to bee modest humble and constaunt in their Mynistration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the Testimonye of a good Conscience and continuing euer stable and strong in thy Sonne Christe may so well vse themselues in this inferiour office that they may bee founde worthye to bee called to the Higher ministeryes in the church thorow the same thy sonne our Sauiour Christ to whome be glorie and honour world without end Amen The Epistle appointed at the time of ordering of ministers shal be read out of the twentie chapiter of the Acts. Fol. 8. pag. 1. From Mileto Paule sent messengers to Ephesus and called the elders of the congregation which when they were come to him he sayd vnto them Yee know that from the first daie that I came into Asia after what manner I haue bene with you at all seasons seruing the Lord withall humblenes of minde and with many teares and temptations which happened vnto mee by the layings awaite of the Iewes because I would keepe back nothing that was profitable vnto you but to shewe you and teache you openly thorowe euerye house witnessing both to the Iewes and Greekes the repentaunce that is towardes GOD and the fayth which is towarde our LORD Iesus And nowe beholde I goe bounde in the spirite vnto Ierusalem not knowing the thinges that shall come to mee there but that the holy Ghoste witnesseth in euerie Citie saying that bondes and trouble abide mee but none of these
Panor in c. fin §. is autem nu 5. de offic deleg SI PRINCEPS c. If the Prince commit a cause to any and commaunde him personally to execute the same if in this case consist publike commodity this his commissary can not substitute an other no not euen with consent of parties because where the Prince either couertly or expresly doth make choyce of the industrie of any one particular person there the partie so chosen can not surrogate an other For the Prince herein doth personally qualifie the man and giueth vnto him the forme of his commission De offic c. deleg l. 6. c. si cui c. fin extra de offi delegat An example of this may be thus De offic delegat li. 6. c. si cui ex de offic deleg c. vlt. Suppose that the treasurership in Paules were voyd and that hir highnes had commanded the B. of London to prouide a fit man for the same roome whether now the B. may commit this his charge to be perfourmed by an other then by him selfe or no And it is answered negatiuely because in the choyce of a fit person consisteth great danger therfore the B. beeing but an executor of hir Maiest pleasure he may not substitute any other But suppose that hir highnes had cōmanded the same B. of Londō to haue giuē the same prebend to Lucius Titius whether thē might the B. in this case subdelegat Archdeacon Sempronius And the answer is affirmatiue that he might for now her Maiest by hir selfe hath nominated the partie to be placed hath not chosen the B. industry for that purpose and therfore he may assign this prouision vnto an other But it is otherwise where the industry of a Person is chosen concerning one to be elected for then he may not set ouer that his office to any other Now then out of these rules lawes I conclude that sithence it hath pleased the high Court of Parliament particularly and expresly by name to make choyce of the Archd. hath personally qualified him as their meetest man for this charge chosing the industry of his own person in presenting fit men to be made ministers or of his deputies in presenting fit men to be made Deacons and for so much also as in this action consisteth the publike benefit of the whole church and on the which hangeth the greatest perill daunger of the whole church For these causes I conclude that an Archd. onely must ought of necessitie present one to the B. to be made a minister that the B. can not dispence with him in this case and that neither the B. neither the Archd neither the party to be made a minister neither the clearkes and people present by their consents can alter or transpose any thing herin ff de pact l. ius publicum Publica vtilitas est pars agens Publike vtilitie is the party agent in this busines and Parta priuatorum inri publico non derogant The couenants agreements of priuate men doth not derogate from cōmon right And if the contrary haue been practized what may be concluded therof shal follow immediatly And againe by these proofes you may euidently see that the calling the triall the examinatiō the time the person appoynted to present and the age of one to be presented haue not been things meer contingent but rather essential not causas sine quibus non but causes formall to the making of Deacons ministers and such causes as beeing omitted haue been sufficient causes both to depose from their functions those that haue ben contrary wise ordained to punish the ordainers for their negligence in that behalfe And therefore that our tong tied ministers not made according to the order and forme of the statute be in deed and truth no ministers at all the act it selfe whereby they be made wherby they challenge their dignities being in deed no act in law hauing no law to approue the same therefore to be punished by the law of mā as wel for entring into a calling against the lawe of man as also for prophaning the holy and sacred misteries of God For what if respect be had to one or two or foure or moe of the solemnities and circumstaunces before rehearsed and those too perhaps of the least weight moment as vnto the age the time the B. particuler interrogatories the Archd. presentation and yet the rest of the greatest waight and importance as their learning their honesty their aptnes to teach c. be negligētly or wilfully omitted Shall the proceedinges by such as please them selues in their owne inuentions be both iudges parties thus in shew apparance only supposed to be done by them that are wise and vpright iustices whom publike profit ought to mooue to the redresse of disorders be reckoned to be don in deed and verity Yea if all the former solemnities yea euen those also of the least moment such as in truth might haue ben reputed accidentall rather then substantiall had it pleased the law makers to haue appointed them so haue beene are oftentimes omitted in the making of ministers one neuer called neuer tried neuer examined neuer known to the B. before that day to be of any vertuous conuersation not qualified as is requisit not learned in the latine tong not sufficiently instructed in holy scriptures as he that came to the B. of Winchester to serue in his Diocesse borne at Norwich and made a minister at Peterborow knew not how many Sacraments there were and requested a dayes respite to aunswere the bishop what the office of a Deacon was not made openly in the face of the congregation but priuately in the bishops Chamber or Chappell not hauing any Sermon not apt to execute his ministerie duely not presented by the Archdeacon the Bishoppe making ministers at Exceter and his Archdeacon at Oxenforde or the bishop making ministers at Leichfielde and his Archdeacon at Durham not mooued by the holye Ghost not admitted on a Sunday or holy daye not of 24. yeares of age not perswaded of the sufficiencie of the doctrine of the scriptures to saluation not an example in him selfe and his familie to the flocke of Christ not a minister of the doctrine and discipline of the Lorde Christ not a peacemaker but quarrelling at law for tithe Oynions apples and cheryes not a dispensour of the worde of God Fol. 11. p. 2. not a pastour and stewarde to the Lorde to teach to premonishe to feede and prouide for the Lordes flocke if such a one I saye yea if too too many such haue beene admitted into the holy ministery and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute lawe be no lawful ministers at all Was the word of any Bishop onely the worde of the high bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe
matter of farre lesse wayght then this Quod inconsultò fecimus consultò reuocamus That which wee vnaduisedly haue done wee aduisedly will reuoke and vndoe And Sir for your part it is very necessarie and expedient for you that wee depose you in deede because Tanto grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the like were in my simple vnderstanding a noble and famous practise of a good and godly Byshoppe labouring to procure peace and prosperitie vnto Ierusalem What may a Byshoppe depriue an honest poore man from his benefice dispossesse a faythfull man of his ministerye stoppe the mouth of the Lordes watchemen and imprison a paynefull teacher in the Clincke in case hee weare not a Surplesse in case hee marrie not with a Ring in case he crosse not in Baptisme or in case hee subscribe not to euerie newe Article inuented by his Ordinarie And may not the same Byshoppe remooue a man that hath openly played the hypocrite publikely falsifyed his worde ympiously committed sacriledge yea and that which is worse hath made an open mocke at the Lawe of GOD and deluded the Lawes of her Highnesse Empyre Is the firste a lawlesse and rebellious PVRITANE I vse but their owne tearmes and is the seconde a dutifull and loyall vassall If a PVRITANE as they call him making conscience not to offende his God in any small thing for his conscience sake bee worthie to bee whipped and excommunicated is a Foolitane making no conscience to offende his GOD in all thinges not worthy once to be summoned Etrauag de elec c. cum dilectur Concerning an olde obiection perhappes by some olde Canoniste to bee obiected that euerye sentence of the Bishoppe whereby hee pronounceth anye man fitte and capable of the ministerye is a definitiue and irreuocable iudgement in case no appeale bee made from the same though my former aunswere were sufficient for the same election yet to aunswere LAWE with LAWE I answere with the glosse that propter aliquam causam post à emergentem potest quaeri quia quae de nouo emerguut nouo indigent auxilio ita semel probatus iterum probatur reprobatur For some cause afterwardes arysing inquisition may bee made because thinges newly happening doe want a newe supplie and so one beeing once allowed may againe be allowed and disalowed And therefore to cōclude if such as bee in authoritie loue the peace prosperitie of the Church of Christ if they desire the good successe of the Gospel if they will preserue the state of this Realme if they thinke it necessarie to haue good Magystrates to haue good Lawes and orders in a common wealth If they esteeme learning and seeke to prefer it If they hate confusion if they allow of their owne conditions like of a kingdome better then of a tyrannous state then are they to prouide betime some speedie remedie for these such like kinde of men and such maner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to bee contemned and broken without sharpe and seuere punnishment they are not to suffer such as execute them not to be vncontroulled vnrebuked and vnpunnished they are not to suffer such as speake for them preach for them call for them and write for them anie more to be checked tanted frumped and shopped vp eyther let their lawes be lawes indeed and maintained as lawes or els deliuer vs from our dueties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I slylie and couertly as one captious ouer the whole state of the Church should insinuate no lawfull ministerie to bee in England because some one of these points perhaps haue bene are daylie omitted in making euen the beste men that are in the Mynisterie at this daye I aunswer touching as well the whol Church as the learned and vnlearned minister the preacher and him that is no preacher the pastour and him that is no pastour I aunswere I say touching them all as followeth First I confesse that our Lorde Iesus Christ hath a true Churche and a faythfull spouse in England receyuing the doctrines and Sacramentes of Christe publikely taught and administred in the Churche of England wherein we haue ELIZABETH by the grace of God Queene of Englande Fraunce and Ireland a foueraigne a sole and a lawfull gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto hir out of the word of God by the ministers for the abolishing of all and all maner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernement of the sayde Church ought to be faithfully embraced and diligently put in execution by his Maiestie according to the prescript rule of the blessed worde of God And againe that the ministers ought euermore in a reuerent and holy feare to teach what so euer they know to bee commaunded or forbidden by the same worde and to shew the daunger as well to the magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the magistrats and ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred word prescribeth and their own saluation requireth Againe that neither the magistrate without true instruction from the ministers Nor the ministers without due authoritie from the magistrate ought to wrest any thing into the gournement of the Church For both offices and gouernments Magistracie and ministery are very holy and honourable beeing seuerall tend to seuerall endes and bring foorth seuerall euents in the administration and gouernment of the Churche the one is the mouth the other is the hand of God the one by worde the other by swoord ought to execute the Lordes iudgementes in the Lords house The Prophet Esay at the commandement of the Lord teaching that the Princes of Iudah and Ierusalem should cast away the rich ornamentes of gold as a menstruous cloath did stay him selfe with the publishing of this his doctrine he onely refourmed him selfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these wordes in your eares he hath sent me to prophecie against this house and against this Citie al the things that ye haue heard as for me behold I am in your handes do with me as ye think good and right And though Iehoiakim the king with all his men of power the
Extra ne cleric vel monac c. sententiam A Byshop may not bee a iustice of peace in cause of bloud SENTENTIAM c. Let no Clearke indite or pronounce a sentence of bloud neither let him put in execution any sentence of Bloude or bee present where it is exercised Neither let any clearke indite or write Letters to bee destined for the auengement of bloud Therefore in the courts of princes let not this care be committed to Clearkes but to lay men And agayne Extra de exces prelat c. extra EPISCOPVS cuius authoritate c. Abishop by whose authority manslaughter is committed is deposed from the ministery of the Alter and from his pontificall office and from the administration of his Bishopricke A Bishop eyther directly or indirectly giuing cause that manslaughter be committed the same being committed ought to be depriued from his Byshoply and Priestly office to be remooued from the administration of his Bishopricke And that this Chapter may not seeme sayth the Glosse to be vnderstood of manslaughter or murder vniustly committed or perpetrated these words are added in the Text Quia propter furtum quidam fur suspensus erat Because for theft a certayn theefe was hanged In the time of Henrie the second I finde that the sayde King gaue certayne Priuiledges and immunities vnto the cleargy the Tenor of which graunt ensueth Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI EPISCOPI c. The Archbishops Byshops and all persons of the kingdome which hold of the King in cheefe let them haue their possessions of the King as a barony and thereof let them aunswere to the Kings Iusticers and Ministers and let them follow and doe all the Kings customes and as other Baronnies so shall they be present in iudgementes of the Kings Court with the Baronnes vntill the matter come to the losse of member or to death By which priuiledge graunted vnto the cleargy as I suppose our Bishops at this day haue their seates in the Starre Chamber and are Lordes of the Parliament house For before the graunt made by this King it doth not appeare they had any such priuiledges the words of the king not ratifiyng or confirming any former graunt made by his auncestors and predecessours Kings of England as in all giftes of confirmation vsually is done but gratifiyng his Clergy and other of his subiectes by giuing them newe liberties and franchises whereof before his time they were not possessed for in the graunt there is no repetition or mention of an Inspeximus wee haue seene the charters of our father grandfather or great grandfather but here is a meere and absolute graunte deriued principallye from the kings owne person H. 2. Whereby I gather that these offices in Cleargy men haue not bene of any long continuance in England and that by the ancient laws and customs of England they do not properly belong vnto them onely the King by his prerogatiue hauing power to make Barons at his royal pleasure and to appoint Iudges in his Courtes at his gratious will hath by the same his Prerogatiue graunted vnto the Cleargy that which before time by the common laws of his Empire did not appertayn vnto them and that therefore as the common weale was gouerned iustice ministred and lawes executed in the Kings Courts by the Barons before the time of this graunt by H. 2. without the ayde and assistaunce of Cleargye men euen so might the common weale at this day be as well gouerned by the like gouernment without any help frō any of them as in deede and truth the same in matters of pollicye and greate state these 24. yeares hath bene wonderfully gouerned without them For which of the Cleargy men since the Lorde sealed vp the eyes of Queene Mary hath once set his foote within the Councell Chamber dore to consult with the Nobility of matters of state Which of them hath carried any sway or borne any stroake in the Starre Chamber otherwise then as the punie Baron there hath doone And if Archbish and Bysh may be spared in the Parliament house yea may not come into that assembly at all whensoeuer any statute is to be made touching felony or treason or the losse of any member or sheading of any bloud◠I see not but they may as well be spared in matters of possessions and inheritaunces and in other matters of state and pollicy whatsoeuer and so much more rather in these then in the former by how much more the life of man is more precious then all other earthly possessions or treasures And by howe much more the taking away of the life of an innocent is more odible and heynons before the Lorde in case it be not done according to his worde In which matters the diuines are fittest to bee consulted with and whose counsels are not to be omitted least life bee taken away where it is forbidden or death take no place where it is commaunded But be it so that our B. may pretend their iurisdiction in ciuill causes to bee more auncient then from the time of K. H. the second yea be it that they may deriue the same from Edgar or Canutus before the conquest yet because Canutus ordayned that the B. of the Diocesse should be present at the Courtes of euery shire onely to teach the people Gods Lawe as Edgar before him had appointed the Shirife to be present at the assemblies and Synodes holden by the Cleargy twise a yeare onely to teach the same clergy mans Lawe namely the lawe of the Realme They are not to boast of Antiquity for their iurisdiction in causes ciuill They haue beene appointed long sithence to meete in deede in Ciuill Courts but onely to exercise the spirituall sworde But were it so that by the Lawes of Edgar and Canutus they might seeme to challendge great regalities dignities and immunities yet they know that by the Lawes of the first King and last King of the most noble most highest and most holiest king the king of al Kings our Lord Iesus Christ whose vassalls in worde they professe themselues to bee they haue no such enfranchisemēts granted vnto them yea rather that they be precisely willed being ministers of the gospel not to be called Lords or to be deuiders of inheritaunces But we will goe forward For not onely the decrees and ordinances before mentioned against seculer iurisdiction and ciuill offices in Ecclesiasticall men haue bene made and published by the B. of Rome and his Legates or Messengers for the regiment of his Cleargy a kinde of people as he saith onely to be gouerned by such positiue lawes as proceede from his brest Ciuil gouernment forbidden by the ciuill law to ecclesiasticall men But the Emperour also by the Lawes of his Empire hath directlye and absolutely commaunded the same ALIVM AVTEM FIERI c. But we suffer not a Byshop or an elder in his owne name or in the name of his Church or ministery to be made a receiuer or
down to redresse the same and how and in what sort he may safely proceede agaynst an ignoraunte and vnlearned man In. c. vlt. extrauag de aetat qualit Hee must sayth Panormitane see that the witnesses depose howe the partie did neuer reade any bookes of learning or that hee did neuer go vnto any schoole of learning because no man can attayne vnto learning vnlesse hee haue beene taught by one endued with learning or spent his time in the studie of bookes of learning for without a teacher and without bookes no man can bee learned which may be prooued as well by the confession of the partie as by the notoriousnesse of the facte And heere Panormitane willeth the practisioner in Lawe diligently to marke howe insufficiencie vnabilitie and vnskilfulnesse of a Clearke may be prooued euident and notorious by not reading of bookes As thus Seius neuer reade anye booke of Phisicke or Seius neuer resorted vnto anye Phisicke Lecture Therefore Seius is no Phisition Titius neuer studyed anye bookes conteyning the doctrines or controuersies of the Gospell or hath not hearde any preacher of the Gospell Therefore Titius knoweth not the trueth or glad tydings of the Gospel Our idoli Ministers neyther in times past haue had neyther nowe haue any bookes of Scriptures Therefore they neyther haue beene neyther nowe can bee learned in the Scriptures They haue not gone neyther now doe goe to anye schoole of Diuine learning Therefore they haue not beene nor yet nowe are anye schollers in Diuinitie And therefore their insufficiencie and vnabilitie being by this meanes palpable are therefore notoriously depriueable yea degradable from their benefices and offices The distinction of a simple Curate or of a cural priest or of a plebeiane prelate if lawe were lawe and reason reason could not serue to maintaine the contrarie practise The lawe Ciuill the lawe Ecclesiasticall the law of reason the lawe of nations the Lawe of God in all places at all times and among all people without any fauour or friendship vnder any pretence or for any respect doe absolutely directly and precisely inhibite euery man whatsoeuer to take vpon him eyther by the name title or office whereunto he is altogether vnfit and whereof by lawe he is made vncapable And howe then can this monstrous and damnable vsage be tollerable for such a man to bee placed and continued in the roome of Aaron to be the mouth of the people vnto God or in the place of Peter to feede the flocke of Christ who knoweth neyther for what or howe he should rightly present his supplication vnto his prince neither what kind of viand or maner of diet he should set before his people Grammarians and Poets though they haue bin trayned vp at Winchester or Eaton Philosophers and Rhetoritians though they haue spent many yeeres at Oxforde or Cambridge are not fit straightwayes to be made Phisitions of soules and leaders of the people into the waies of righteousnes They must shake of vanities and forsake their vngodlinesse wherewith they haue infected their mindes in those places before they thruste themselues as labourers into the Lordes vineyarde or take vpon them to be messengers in the affaires of his Empire Yea popishe and Idolatrous priestes are vnmeete and by the lawes in force made vnable to enter into the Lords Sanctuarie though popish Lawyers stande neuer so much opiniated to the contrary falsely and trayterously surmising her Highnesse her Nobilitie and all the professors of the gospel within the lande to be heretiks sismatiks thēselues onely with their crewe rabble of Seminaries to be catholiks as thogh the laws in force no whit appertained vnto vs but were onely reserued by themselues against their day of Iubilye long sithence gaped for by them and hitherto by the infinite mercies of the Lord denyed them The Lord make vs thankfull pardon our ingratitudes and continue these his mercies long towardes vs our posteritie I hope our prelates and ministers of the gospell and all true Christians are thus perswaded by the worde of God that papistes are heretiques and schismatiques strangers from the common wealth of Israell and aliants from the couenaunt of God I take this I say as graunted and hold it for a principle in the schoole of Christ that papisme is heresie and therefore a papist an heritique Againe I hope our Prelates and ministers of the Gospell will graunt the act of Parliament made 25. Henry the eight touching the submission of the Cleargie c. and confirmed in the first yeare of hir gratious raigne to be in force and effectuall to binde all maner of people within the lande Againe it is manifest these Canons following to haue beene established and neuer abrogated before 25. Henry the 8. Extrauag de elect quia Non debet quis schismaticus etiam abiurato schismate aligi A schismatique though he abiure his schisme ought not to be chosen a bishop Lib. 6. de heret c. 2. § heretici Heretici autem credentes receptatores defensores fautores eorum istorumque filii ad secundam generationem ad nullum ecclesiasticum beneficium seu officium publicum admittantur But beleeuing heretiques their receiuers defenders and abettors and their sonnes vnto the seconde generation let them be admitted vnto no ecclesiafticall benefice or publike office And therfore from these principles Canons and Act of Parliament I argue thus 1 No schifmatique or heretique though he abiure his schisme or forsake his heresie may be chosen a bishop or admitted vnto any ecclesiastical benefice or beare any publike office 2 But euery popish priest is a schismatique or heretique 3 Therefore no popish priest though he abiure c. may bee chosen a bishop or admitted vnto an ecclesiastical benefice or beare any publique office The Maior proposition is the law of poperie The Minor the law of the Gospell NEither doth this rule of law Multanon sunt facienda quae tamen facta valent anye whit gaine saye the truth of this argument For though it seeme probablie by this rule that a popish priest beeing once admitted vnto popish priesthoode should not be remooued Yet thereby it followeth not that religion beeing restored and Idolatrie abolished he coulde not at the first restitution of the Gospell and entrie of hir gratious raigne haue beene secluded from the office of a minister vnder the Gospell For what though an Heretique by the iudgement of an hereticall Synagogue obtayne the roome of a Sacrificer in the same Synagogue and hauing once obtayned it may not be remooued from the same roome by the former rule of lawe Though this be true I say what auayleth it to confirme that a sacrificing priest by vertue of his admission vnto the Synagogue ought to haue a place of ministration in the Church of Christ For though he were admitted in the one yet was he neuer admitted in the other And therefore it resteth firme that they ought not to haue beene admitted
priestes and the prophetes slewe Vriah with the swoorde yet ceased not Ieremiah to stande in the Court of the Lordes house to speake vnto all the cities of Iudah all the wordes that were commaunded him to speake and kept not a word backe 2 Kin. 23. 3. When Hilkiah the priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the KING stoode by the piller and made a couenant before the Lorde that he the KING and the priestes and the prophetes and all the people both small and greate should walke after the Lorde and keepe his commaundementes and his testimonies and his statutes with all their hearte and with all their soule And that the KING commaunded Hilkiah the high priest and the priestes of the seconde order to bring out of the Temple of the Lorde all the vessels that were made for Baall and for the grooue and for all the host of heauen and that the KING burnt them without Ierusalem in the fieldes of Kidron and that the KING carryed the powder of them into Bethel and that HE put downe the Chemerym and that HE brake downe the houses of the Sodomites and that HE brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him shoulde not be frustrate but haue a rewarde Asa hearing these wordes of the prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regency And Asa brake downe hir idoll and stamped it and burnt it at the brooke Kidron 2. Chroâ—… and king Asa did all these thinges at the councell of the Prophet Neither can the holy doctrine of the Gospell be sayde to be repugnaunt herevnto God is euer more one and the selfe same God in all ages he is euermore the authour of peace and order not of discord or disorder If therefore the Lord haue not yet gratiously opened hir maiesties eyes to vnderstand all singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blottes in the raigne of good kings in the time of the law or if he will that the aduersaries of Iudah and Beniamyn hyre counsellers to trouble their building and hinder their deuise all the dayes of Cyrus or if he will the Temple to be built in the dayes of Esra the chiefe priest but the walles to be reedified by a Eliashib and his brethren or if he will haue his Church tary his holy leasure and appoynted time or if he haue any other glorious purpose to work in our dayes by hir highnes what is that to him that is a minister of the Gospell Onely it behooueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layde vppon him And let him be assured that whatsoeuer is either bounde or loosed by him in earth the same is bounde and loosed by the Lorde in heauen The repentaunt and faithfull shall be forgyuen The obstinate and impenitent shall bee hardened And thus hauing deliuered my mynde touching these thinges which otherwise by synister construction might haue beene daungerous to my selfe and offensiue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisit that euery one mooued inwardly by the holye Ghoste and outwardly called and appoynted by the bishop hauing authoritie by the order of this church of England in this behalfe is in deed by law a minister First because he is indeed truth a messenger sent appoynted to this office by the Lord him selfe Secondly he is a minister by the law of this land For the state of this man learned qualified and inwardly called and the state of the vnlearned vnqualified and not inwardly mooued differ as much as light darknes For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the law it selfe requyreth should be in him and so the ende of the law satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of law and by law that in his outward calling and triall c. all thinges requyred by lawe were accordingly perfourmed by the bishop and so he a lawfull minister But touching the other man it is quite contrarie and therefore this presumption by law must cease Glos extrauag de prebend cum secundum Apostolum verdiceat For where his life his learning his conuersation do appeare manifestly to be vile corrupt and vnhonest and not such as the law requyreth and so the law frustrated in this case there is a presumption Iuris de iure of lawe and by lawe against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falsehoode expressed are good and to be obeyed but if afterwardes either of these appeare they shall bee accounted surreptitious and voyde A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenor thereof appeare false latine it is then presumed to haue been obtayned per surreptionem A sentence giuen by a iudge is presumed to be a iuste iudgement and euery one for the authoritie and reuerence of the Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like maner if a Bi. should make an hundreth ministers in one day for the authoritie and reuerence of the bishop and the good opinion I ought to conceiue of his vpright and sincere dealing of his holy religion and feruent zeale to the lordes house were I absent and sawe not his proceedinges to be contrary to law as I ought so I trust I should both esteeme his doinges therein to be lawfull and orderly and also reuerence those whom he had so made as messengers sent from the Lord. But if afterwarde when any of them shall come to execute his office of ministerie when he came to teach the people he shoulde then manifest him selfe to be but an Hipocrite but to haue fayned a certaine kinde of holinesse and zeale when he shall him selfe discrie his owne vnablenes and displaye his wantes were it
most highest whom he haâ—… commaunded to be holy and perfect as his Heauenly Father is perfect defend all these horrible sinnes and impieties tollerable by dispensation Can a dispensation from a Pope or an Archbishop make theft no Theft rauine no rauine Couetousnesse and Ambition no Couetousnesse and no Ambition I speake herein to Christians which ought to maintaine the Law of Christe against the lawe of Antichrist For I know some of the Popes Chapleins grounding themselues vpon these rules of Law wherof mention hath beene made before and giuing vnto the Pope Merum imperium an absolute power on earth wil affirm that the pope can make Nihil ex aliquo and aliquid ex nihilo Nothing of somwhat somewhat of nothing Vid. gloss Extra de confes prebend c proposuit vers si praÌ„ ius Sinne to be no sinne no sinne to be sinne These blasphemies they spue out these blasphemies they maintain that think they may be theeues murderers extortioners by dispensation §. Apostoli dispensat 34 distinct c. lector And such are plurified men by their own plurality laws as shal further be manifested For as to the making of euery generall and publike ordinance constitution it is necessarily required that the same tend first to the aduancing of the honor praise glory of God Glos in c. non est extra de voto vers authoritate secondly that it be profitable expedient for the peace and safety of the weal publike euen so euery superiour Potentate to whom authority by law is giueÌ„ in some cases to graunt priueledges ought in the same cases to obserue the like conditions circumstances to the end their said priueledges may be auailable take effect without the dishonouring of God and preiudice to their country and people For though a Dispensation be but a fiction in law yet is that fiction indeede of as greate force and efficacie in that feyned case and worketh as great effect as the trueth of the Lawe it selfe in a case of trueth Cod. de coll dec l. liberos And by Lawe it is all one in effect whether I enioy anye Benefite by priueledge or by common right And therfore as a law publike must be equal honest iust possible agreeable to the Country place and time necessary profitable not written for any priuate commodity but for the common profite of the people Distinct 4. c. orit so likewise must a Priueledge haue all these conditions and qualities Otherwise as a generall and publique Lawe loseth the name of a publique Lawe vnlesse it bee such as hath the foresaid coherences euen so a Priueledge loseth the name of a priuate Lawe vnlesse it haue the like Adiunctes The second fallacy wherein plurality men beguile themselues is as euident and palpable as the first They reason thus Churches were established and parishes distinguished by man therefore Churches and Parishes may be vnited by man and if Churches may be vnited by man then one man may haue many Benefices The Antecedent of which Enthimeme is sophisticall because of the double and trebble signification of the worde Churches and therfore the argument limpeth after the same manner as the former did attributing the establishing of Churches to man onely for if they should mean by this worde Churches frames of Churches fashioned of Timber Wood Stone Morter and such like then say they truely that Churches were builded and founded by man as to saye by Masons Carpentors Tylars c. But they will not haue the name of Churches in their Argument to be taken in this sence Their meaning I am sure is not so they haue no such intent for so might they rather burthen themselues with the reparations of many Churches then profit themselues with the reuenues of many Churches And by being Lordes of many Steeples after that sort they might gape long ynough vpon them before they gayned ought by them If they meane by this worde Churches congregations and assembles of people then is their assertion absolutely fals because the Lorde hath willed all his people to gather assemble themselues together to the intent they shoulde call vpon his name And then in this sense their conclusion must needes fayle also because it is both impossible for all the people to bee assembled together into one place and also impossible to heare one mans voice But Churches againe taken vnderstood in this sence as they make not for their purpose one way so are they not curraunte to themselues and their sences an other way They woulde teache and preache little inough and bee wearie of well doinge soone inough had they not respect to grease themselues rather with the fatte of the labour of the people then diligently to gouerne and instruct the people And therefore I gesse their meaning to be that Churches in their former proposition shoulde signifie the liuings of Churches and therefore their argument to be thus in effect Liuinges of Churches are established and distinguished by man therefore liuings of Churches may bee taken away or vnited by man wherein they attribute still to man alone that that in no wise appertayneth to man alone for as Congregations are appointed by the Lorde himselfe so are pastors ouer Congregations and liuings for pastours likewise appoynted by him And therefore as coÌ„gregations of the Lords people cannot be altogether dissolued by man alone so ought not the liuinges appoynted for the pastours of the same people to be taken away by man alone Doe yee not knowe sayth the apostle Cor. 1. 9 13. that they which minister about the holy things eate of the things of the Temple they which waite at the Altar are partakers with the Altar So also hath the lord ordeined that they which preach the gospel shold liue of the Gospell And therfore in saying that liuings of Churches parrishes are distinguished by man therfore they may be vnited by man though in some sence the same may be true yet thereby it followeth not that many liuings appoynted by the Lorde himselfe for many pastors ouer many Congregations shoulde be taken froÌ„ many be giueÌ„ to one They might aswel conclude that wheras the lord had coÌ„manded the land of Canaan to bee deuided amongest the children of Israel by the hand of Moses and whereas Moses had giuen vnto some one family a greater portion and to some other family a lesser portion that therefore Ioshua Moses successour might haue taken both the greater and the lesser and giuen it to one alone or to haue takeÌ„ al the portions inheritances allotted vnto diuers sundry of a family and to haue giuen them to one of one family alone or wheras Moses according to his coÌ„mission had distributed the land into twelue parts according to the twelue principall and chiefe families Ioshua might haue made but two or three or foure Captaines ouer al the whole twelue tribes As our auncesters in times past bounding and
these thinges that are to be abolished And besides these Canons there are many other constitutions confirming that a bishop ought not by law written and common right to exercise any iurisdiction without the special aduise councell and presence of the Chapter Glos extra de offic iud ordi c. irrefragabili ver per capitulū The reasons wherevpon these and such like decrees were grounded are these Firste that the iniuries extorsions violences the cruell vnciuile entreatie vsed by the Prelates against the inferiour Cleargie should cease and be extinguished Other reasons c vid. c. 1. Secondly as the heade in euery naturall bodye hath the vse and consent of all the other members to euery naturall action euen so sayth the lawe the bishop being the head that is to say the chiefe and principall member in the spirituall bodye ought to haue the vse of his fellow members to euery spirituall action The bishop without his fellow members may not excommunicate And marke the reason of the law for in that it saith the bishop is but a member it concludeth that he is not the body For he his other brethren al members make but one bodie Corinth 1. Now euery member thogh it be the principall member whether it be the head or the heart or the brayne standeth in neede of the helpe of euery inferiour member whether it be the hande the foot the finger yea or the very excrements of the body as the nailes or the haire And therefore out of these Canons I argue thus 1 No chiefe member of any body can do any thing in the body without the consent and assistance of his fellow members 2 But euery bishop is a chiefe member of a body 3 Therfore no bishop can do any thing in that bodie without the consent and assistaunce of his fellow members THe reason of the first proposition is this Whatsoeuer is good or euill for one member the same is good or euill for euerye other member And beeing good for one it must needes be allowed of all and being badde for one it must needes be disallowed of all Which naturall reason taking place in the naturall bodie the law translateth vnto the politicall or spirituall body and willeth that the same be allowed of all that toucheth all Quod omnes tangit ab omnibus approbetur And if any thing once touche and concerne all it can not by an other rule in lawe be translated to one-Quod semel meum est sine mea voluntate à me auferri non potest That which is once mine can not without my will bee taken from me againe Et vnaquaeque res per quascanque res nascitur per easdem dissoluitur Euery thing by what causes soeuer it is begun by the same it is dissolued Moreouer touching excommunication there is one other speciall reason why the bishop maye not excommunicate alone without the consent of the Chapter namely because this kinde of punishment is the greatest punishment in the Church Glos in c. 1. extra de excessib prelat ver capituli For it is sayd by lawe to be Eternae mortis damnatio Satanae traditio A condemnation vnto eternall death and a deliuerie vnto Sathan then the which there can be no more greeuous punnishment Excommunication the greatest punishment And therefore I conclude thus 1 The greatest punishment ought not to be inflicted but by great aduise Glos p. edic extra de 2 But excommunication is the greatest punnishment 3 Therefore excommunication ought not to be inflicted but by great aduise COncerning such as beeing once placed in any ecclesiasticall function and who for their misdemeanour are to be displaced againe the law to prooue the necessitie of the Chapters consent herein vseth this comparison 15. q. 7. c. vlt. SI ENIM HII c. For if they which in this world haue receiued frō their Lords the honor of liberty are not deliuered again into the yoake of bondage vnlesse they be publiquely accused before the tribunall seat of the Pretors or presidentes how much more ought they which are dedicated to the seruice of the holy Altar be consecrated with ecclesiasticall honor who verily may neither be condemned neither be depriued from the priuileage of their honour by the iudgement of one man But beeing presented vnto a synodall iudgement ought in the same to haue decreed against them whatsoeuer the Canon hath commanded Now because these lawes and ordinaunces are sufficient to proue what cōmon right law written is in this case that euery bishop exercising iurisdiction without the aduise and presence of the Chapter of his Churche ought to haue some other grounde for the maintenaunce of his proceedinges then law written it followeth to be discussed what the same grounde is or may be The pope reseruing a power vnto him selfe as he sayth aboue his law hath power to breake euery of his lawes and so hath no law but his will and so making him selfe a God on earth hath made prouisions that both this law touching the not exercising of Ecclesiasticall discipline by one man alone and the lawes of non residency and the not hauing of many benefices may be in truth no lawes at all and so in effect hath allowed a monster and a contrarietie in nature that one member should be all the members and that the head should be the whole body And what haue they done els that haue maintained by publike wrytinges the like proceedinges now a dayes to be lawfull For though they haue beene no Popes them selues Yet herein they can not denye to haue beene the Popes Champions hauing no other warraunt for such their doinges then the Popes will whose lawlesse will they maintaine to the vtmost for a lawfull law that mayntayne excommunication by one man alone to be any whit lawfull Well then as these lawes haue been made to rule and gouerne the Church by so these lawes haue beene a long time vnmade to vnrule and vngouerne by and that not without coullour of law to As first by way of priuiledge secondly by meanes of custome and long vsage To speake in this place of priuiledges graunted to this effect were superfluous and very impertinent Custome the ground of excommunication and not the law For though our bishops may haue remayning in their old recordes priuiledges from the Pope to giue them immunities in this behalfe yet for two respects I suppose they will conceale rather then reueale them First for that they seeme to maintaine their doinges herein rather by the scriptures then otherwise wherein how manifestly they erre both the scriptures and the custome of the Church repeated by these Canons are euident witnesses Secondly for that their priuiledges beeing graunted by an vsurper to her maiesties crowne and dignitie and not confirmed by the lawes of hir Empyre would yeelde them very little aduauntage I mind therefore in this treatise speciallye to handle the matter of custome in declaration
be executed now I reply that what bishop or Cleargie man soeuer did before the 25. H. 8. vse or execute any such office forbidden as wherof mention hath bene made before the same Bysh or Cleargy man had some speciall dispensation faculty or licence from the Pope so to doe and that therefore the conclusion remaineth still firm For the statute hath not relation to the particular exemptions and immunities of certain priuiledged persons in this case more then it hath to the residue of the whole body of the canon law wherin is nothing generally forbidden but dispensations were granteâ— from Rome at that time to the contrary and so if the exception were good we should haue no ecclesiasticall law at all in force because from the obseruation of euery generall law some at that time were exemted by dispensatioÌ„ If it be answered again that as the pope did gratify his cleargy so her Maiesty doth gratify hir cleargy by dispensation herein he most strongly confirmeth mine assertioÌ„ that bishops cleargy men by common right may vse no ciuill Iuridiction For whatsoeuer is lawfull by priuiledge or dispensation only the same is vnlawfull by common right ⧠VNLAVVfull to ordaine a Minister without a Title Extra de prebend c. non licet NON LICET VLLI EPISCOPO c. It is not lawfull for any By. to ordayne clearkes and not to giue them whereon they may liue but let him choose one of these twayne either let him make no Clearkes at all or if he make any let him giue them whereon they maye liue Agayne Extra de prebend c. episcop EPISCOPVS SI ALIQVEM c. If a Byshop shall ordayne any eyther Deacon or Minister not hauing a certayne tytle whereby he may receiue thinges necessary for this life vnlesse the party so ordeined haue some inheritaunce of his owne for the maintainaunce of this life Let the Byshop so long minister vnto him things necessary vntill he may assigne vnto him in some Church a conuenient stipend for his Clearkly warfare And it is intended heere sayth the glosse that one may then bee ordeined without any title when as he hath whereby to liue Agayne Extra de prebend c. tuis Vnto thy demaundes we aunswere thus that thou mayest promote vnto higher orders Clearkes placed in inferiour orders in case they haue of their owne patrimony whereby they maye bee commodiously releeued although they haue not obtayned any Ecclesiasticall benefice at all But if the Patrimony shoulde decay by sodayne misaduenture or ouerflowing of Waters it seemeth sufficient that the Bysh shoulde prouide for them in some Ecclesiasticall benefice because since they may not returne agayne into the worlde their pouerty might redound vnto the discredite of the cleargy Agayne Extra de aeta qual c. accepimus ACCEPIMVS TE c. VVe vnderstande by thy report that certaine Clearkes promoted vnto holy orders without a Title molest thee about the obtayning of certayne benefices Although therefore in the ordination of Clearkes thou and thy predecessors ought to haue had that diligence that by you vnmeete men should not haue bene ordained and therefore after their ordination thou canst not pretend any exception against them vnlesse after their promotion they haue made themselues vnworthy yet notwithstanding when it behoouâ—h vs to write for such we for a cautle cause to be put in our letters decree that if the ordeined for whome we write be reputed fit not vnworthy an Ecclesiasticall benefice that a competent Benefice bee giuen vnto him either by the ordeynor or his successour VVhereas if wee woulde deale strayghtly by Law with thee wee coulde worthily compell thee to the prouision of those whome it is manifest to haue beene ordayned by thee or thy predecessours Especially in as much as thou oughteste to repute those meete to receiue an Ecclesiasticall benefice whome thou haste admitted vnto orders Agayne Extra de prebend c. cum secundum CVM SECVNDVM APOSTOLVM c. Sithence according vnto the Apostle hee that serueth the Altar ought to liue of the Altar and that he that is elected vnto a burden ought not to bee reiected from the reward it is euident by the like as reason it selfe perswadeth vs that Cleaerkes ought to liue of the patrimony of Iesus Christe vnto whose seruice they are deputed For in as much as Clearkes are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is Sors a Lot or Inheritaunce of the Lord or in as much as they attaine an inheritance in him that they may truly sing with the Prophet The Lord is the part of of mine inheritaunce it is meete that they be releeued with the stipends of the Church in the which and by the which they are appoynted vnto holy seruices And although our predecessors to the shame of the ordeinors woulde the ordinations of such as were promoted without any certain Title to bee frustrate and void yet we desirous to deale more fauourablie will the ordeyned so long to be prouided for by the ordeynours or their successours vntill by their meanes they shall obtayne some Ecclesiasticall Benefices And therefore inasmuch as I the bearer hereof was by the presentment of none promoted by thy predecessor vnto subdeaconship we command that if they vnto whome we haue committed his examination shall finde him fit thou beeing lawfully cited to propose either by thy selfe or by thy lawfull proctor whatsoeuer thou thinkest reasonably to bee proposed touching aswell the aptnesse of his person as the quantity or qualitye of a Benefice thou so long minister vnto him things necessary for the maintainance of his life vntill he shall obtaine by thee in the Church of Zamoran or soms other Church an Ecclesiasticall benefice Agayne Lib. 6. de prebend c. epis If the Byshop vnto whome without expresse mention of any person thou haste generally committed in thy steede to giue orders in such a diocesse shal promote any not hauing a title vnto holy orders he him self seeing he was in fault by ordeining such a one shal be bound to minister vnto him al things necessary for this life vntill by him or some other he be prouided for in some competent benefice But vnto whome licence is giuen by the diocesans to be promoted vnto holy orders of whatsoeuer Byshop they wil in this case not the ordeinors but they who giue licence because they oughte not to giue licence to one not hauing a Title if they haue no Title are bound vnto the premises If any aduocate for any Byshop shall auerre the Byshops generally to haue regard vnto these and such like Canons in as much as they admit none vnto holy orders vnlesse he be presented by some lay men and haue some special deed or grauÌ„t in writing for some annuall rent or pencion payable vnto him in case afterwarde he languishing with some incurable disease or otherwise visited shall not be able to execute his ministerye duely I answere that that is not sufficient because
maye dispence with the reason of the law or take away the soul life of the law so none may dispence with the law or take away the law Now for as much as it is not lawfull for all the Princes in the earth to change or dispence or take away the reasons and causes of the Lawes prohibiting many benefices Therefore it is not lawfull for them to chaunge or dispence or take away the lawes against pluralitites The reasons vvherevppon pluralities are forbidden are reasons taken from the lawe of nature and from the equitie of the lawe of God Institutio de iure nat gen ci § sed naturaliâ— but none can alter or take awaye the lawe of nature or dispence with the lawe of God therefore none can alter or impugne or dispence with the reasons of either of them For as the lawe of nature is immutable so is the reason of the Lawe of nature immutable and as the vvill of GOD is vnchaungeable Iam. so is the equitie of his Lawe vnchaungeable to If then naturall reason be the cause and soule and lyfe of a naturall lawe and the will of God the onely cause of the Lawe of God and his onely will the rule of all iustice vnchangeably none can challenge authoritie to change or dispence with the Law of nature or with the lawe of God but hee must foorth with challenge authoritie to dispence both with the reason of the Lawe of nature and with the pleasure and will of God And theeefore out of the premises I conclude thus 1 Wheresoeuer the cause of a prohibition is perpetuall there the prohibition ought to be perpetuall 2 But the cause of the prohibition against pluralities is perpetuall 3 Therefore the prohibition ought to bee perpetuall 1 Euery law grounded vpon the reason of nature the equity of the law of God is immutable 2 But the lawes prohibiting pluralities are grounded either vppon the reasons of nature or vppon the equitie of the law of God 3 Therefore all the lawes prohibiting pluralities are immutable Institut de iure natu gent. ciui § sed naturalia THe first proposition of the firste syllogisme hath bene prooued already the first proposition of the 2. syllogism is manifest Omnia naturalia sunt immutabilia All naturall things are immutable Iames. and there is no altering or shadowing by turning with the almighty The second proposition of either syllogisme shall be manyfested by that that followeth But first to aunswere the falacies before spoken of because pluralities are not forbidden by law positiue of man alone but prohibited also by the lawe of nature and by the lawe of God therefore it followeth that they may not be tollerated by law positiue of man alone And therefore if pluralitie men woulde fitly argue to conclude their purpose they should frame the same after this sort 1 Whatsoeuer is prohibited by the lawe of man alone the same by the law of man alone may be licensed againe 2 But pluralities are forbidden by the law of man alone 3 Therefore they may be licensed by the law of man againe THe second proposition of which syllogisme beeing vtterly false you see euidently wherein the conclusion halteth and the fallacie consisteth and therefore I conclude against them thus 1 Whatsoeuer is forbidden by the law of nature and by the Law of God the same cannot be licensed by the law of man alone 2 But pluralities are forbidden by the law of nature and by the lawe of God 3 Therefore they cannot be licensed by the Lawe of man alone And againe 1 Whatsoeuer ratifieth a thing monstrous and against nature the same may not be priuiledged by the law of man 2 But dispensations for Pluralities ratify monstrous things and things against nature 3 Therefore dispensations for Pluralities may not be priuiledged by the law of man THE seconde Proposition of the first Syllogisme shal be prooued in his place The second PropositioÌ„ of the last Syllogisme I prooue from the etymology or discription of a priuiledge or dispensation for a priueledge a dispensation in effect signify both one thing Glos lib. 6. de rescript c. vers in principio Extra de iudic c. At si clerici § de adulteriis Priuilegium dicitur quod 〈◊〉 contrâ—… commune in fauorem aliquarum personarum super prohibitis disponsatur quia permissa iure communi expediuntur prohibita vero dispensatione egent A priuiledge is saide to be that that for the fauour of certayne priuate persons commeth foorth agaynst common rightâ—… things prohibited are dispensed with because thinges permitted are dispatched by common right but thinges forbidden require dispensation By which discriptions of a Pryueledge and dispensation it is apparant that a Priueledge and dispensation for pluralities must license and authorise that that the Lawe against Plurality doth infringe and disalow and so be a Lawe contrariant and repugnaunt to the Lawe against Pluralities but the Lawe against Pluralities is the Lawe of nature and the Lawe of God Therefore a Priueledge or dispensation for Pluralities is against the Law of nature against the lawe of God a more monstrous law was neuer established Now that pluralities are forbiddeÌ„ by the Law of Nature by the lawe of God which was the second Proposition of my first Syllogisme I prooue thus All the reasons whereupon the positiue Lawe of man against Pluralities was first established are taken and drawne from the Lawe of Nature and from the Lawe of God The reasons and causes of the prohibition are these First the auoyding of couetousnesse of Ambition of Theft of Murther of Soules of a Dissolute a roaging and a gadding Mynistery the necessity of comlinesse and decency in the Church are speciall and primary causes for the prohibiting Pluralities but all these are forbidden or commaunded by the Lawe of God therefore the causes of the prohibition of Pluralities are grounded vppon the will of God and therefore immutable and therefore not to bee dispensed with Againe for one man to haue the Stipends of many men for one man not able to discharge his duety in one place and yet to haue many chardges in many places committed vnto him for one man to hinder another man from ordinary meanes to doe good to the Churche all these causes I say are seconde causes for the prohibition of Pluralities but all these causes are causes of reason and nature therefore by the Lawes of reason and nature Pluralities are forbidden and therefore not to be dispensed with no more then theft or murder or blasphemy may be dispensed with And if Antichriste thinke it Theft Rauine Couetousnesse Ambition Pride Murder of soules for one man to haue many Benefices without dispensation if Antichrist account the hauing of many benefices without dispensation to be a meete meane to maintain a roauing a gadding and a dissolute Ministery to foster extortion and vnlawfull gaine what shall the seruauntes of the Lorde Christe the sonne of the